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CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 23, 2014
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
□ INTRODUCTIONS/PRESENTATION:
A. Presentation of Beautification Awards.
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Small Wine Maker License – Pigeon Hill Brewing Co., 500 W. Western.
CITY CLERK
C. Roof Maintenance/Repair Fire Station #4 (Robinson Street). PUBLIC
SAFETY
D. T.V. Truck and Camera System. PUBLIC WORKS
E. City-MDOT Agreement for Veteran Park Improvements. ENGINEERING
F. New Cingular Wireless Third Amended Tower Lease Agreement. PUBLIC
WORKS
G. Request to Proceed with the Redevelopment Ready Communities
Program. PLANNING & ECONOMIC DEVELOPMENT
H. Sale of the Property at 481 Monroe Avenue. PLANNING & ECONOMIC
DEVELOPMENT
I. Sale of the Property at 816 Marquette Avenue. PLANNING &
ECONOMIC DEVELOPMENT
J. Nims Elevated Storage Tank Interior Coating and Repairs. PUBLIC
WORKS
□ PUBLIC HEARINGS:
A. Consolidated Annual Performance Evaluation Report (CAPER 2013).
COMMUNITY & NEIGHBORHOOD SERVICES
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
A. Road Millage Resolution. CITY MANAGER
□ NEW BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
703 Amity Avenue
717 Amity Avenue
B. Marihuana Ordinance. CITY CLERK
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE CUMMINGS, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231)
724-6705 OR TTY/TDD DIAL 7-1-1- TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Memorandum
To: Mayor and Commissioners
From: Frank Peterson
Re: City Commission Meeting
Date: September 18 2014
We have a number of items on the agenda, and I thought you could use a little background on some of
them as you prepare for our meeting next week.
1. We have a number of items under consent. Of them, you’ll notice the sale of the property at
816 Marquette to James Williams. The sales price for this property is the result of a negotiation
session with Mr. Williams. We did not receive an appraisal for the sale, but instead used 75% of
the Assessing Department’s true cash value estimate as a starting point for negotiation. At this
point, I do not believe formally marketing the property for sale with a realtor would generate a
significant increase in the next sales price. The benefit to the community will be the new
residential development and the associated property and income taxes.
2. Under Unfinished Business, we are presenting an amended road millage resolution. After more
research, it was determined that street sweeping costs were previously removed from the
general fund, and relocated to the Major and Local Street funds. Accordingly, none of the new
millage dollars would need to be allocated for street sweeping. The resolution has been
adjusted accordingly.
3. We have two properties awaiting concurrence with the HBA’s request for demolition.
4. The final medical marihuana ordinance is ready for Commission action. This draft represents
what was discussed at the last Commission work session.
If there are questions on any agenda items, please try to let staff know in advance, and we will be sure
to have the appropriate data/research available at the meeting.
Date: September 23, 2014
To: Honorable Mayor and City Commissioners
From: Ann Marie Cummings, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the September 8th
Commission Worksession Meeting, and the September 9th City
Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
City of Muskegon
City Commission Worksession
September 8, 2014
City Commission Chambers
5:30 PM
MINUTES
2014-65
Present: Commissioners Hood, Rinsema-Sybenga, Gawron, Johnson, Turnquist, and Spataro.
Absent: Commissioner German.
Discussion on a Proposed Marihuana Ordinance Revision.
Four changes were made to the proposed ordinance by recommendation of the Commission at
the last meeting and an additional statement was made to prohibit provision centers..
Commissioner Johnson asked whether the Commission supported a bi-annual renewal of the
license for those growing in their home. The Commissioners indicated they support an annual
license renewal as other businesses currently do.
Commissioner Hood asked what an inspection would include. It will include an administrative
inspection including HVAC, electrical, and plumbing inspection.
Commissioner Johnson suggested language be added to the ordinance to indicate times of
inspection. The language of regular inspections will take place between 9 a.m. – 5 p.m. will be
added to the ordinance.
This item will be brought to the September 23, 2014 Commission Meeting.
Discussion on Moving Commission Election Dates to Even Years.
In December 2012 the Governor signed a bill into law that authorizes cities that hold odd-year
elections to move to the November general date by adoption of a resolution. The Election date
becomes effective after December 31st in the year in which the resolution is adopted.
If the Commission chooses, staff can draft a resolution for the Commission to consider at the
second meeting in September that would be extended by one year for all current Commissioners.
The cost savings could be as much as $35,000 every other year by eliminating a Primary and
General Election and also free staff time to work on special projects involving the City’s image,
licensing, and records management.
The City Clerk presented a list of the last 30 plus years of Elections that indicated the percentage
of voter turn-out. Odd year Election dates consistently indicate a 6% - 12% turn-out while an
even year Election date has a 35% - 55% turn-out.
Commissioner Johnson expressed concern at extending current terms by one year to
accommodate a new rotation in the Election cycle. He also stated it might deter some candidates
from seeking office if they were to be placed on an even year General ballot.
Several other Commissioners indicated the numbers consistently show voters prefer voting in an
even year and the desire to be on a ballot with more voter participation.
This proposal will be shared with the public and brought back to a November Commission
meeting.
Adjournment.
Motion by Commissioner Hood, seconded by Commissioner Johnson to adjourn at 6:54
p.m.
MOTION PASSES
____________________________
Ann Marie Cummings, MMC
City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 9, 2014
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, September 9, 2014.
Mayor Gawron opened the meeting with prayer from Mr. George Monroe from
Evanston Avenue 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 Gawron, Vice Mayor Lawrence Spataro,
Commissioners Willie German, Dan Rinsema-Sybenga, Byron Turnquist, Ken
Johnson, and Eric Hood, City Manager Franklin Peterson, City Attorney John
Schrier, and City Clerk Ann Marie Cummings.
2014-66 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the August 26th City Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Certification of MERS Representatives. FINANCE
SUMMARY OF REQUEST: The MERS plan document provides that “the governing
body for each municipality shall certify the names of two delegates to the
Annual Meeting. One delegate shall be a member who is an officer of the
municipality appointed by the governing body of the municipality. The other
delegate shall be a member who is not an officer of the municipality, elected
by the member officer/employees of the municipality.”
The City’s employee units previously agreed to a rotating system (based on date
of joining MERS) to select one official employee representative. This year the
1
official employee representative attending the MERS conference will be Steve
Waltz (Police Lieutenant) from the police command employee union group.
It is recommended that Elizabeth Lewis (Assistant Finance Director) be
designated as the City’s employer delegate.
FINANCIAL IMPACT: Registration for the MERS conference in Detroit is $200 per
person. Additionally, mileage, hotel, and related costs will be incurred.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Certification of Elizabeth Lewis and Steve Waltz to
be the City’s officer and employee delegates at the MERS annual meeting in
Detroit on September 24-26.
D. Approval of Transfer of City-Owned Property at 2355 Lincoln.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the Quit Claim Deed and direct the Mayor
and Clerk to sign the Quit Claim Deed to Muskegon County Habitat for
Humanity, 280 Ottawa St., for the vacant property located at 2355 Lincoln.
FINANCIAL IMPACT: The property transfer will relieve the City of the financial
obligation to keep it cleared.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Quit Claim Deed and direct CNS
staff to file the Quit Claim Deed.
E. Renewal of Maintenance Contract with MDOT Trunkline within the City
of Muskegon. PUBLIC WORKS
SUMMARY OF REQUEST: The Michigan Department of Transportation (MDOT)
seeks to renew its contract with the City of Muskegon for road maintenance on
State Highways located within the City of Muskegon.
The City of Muskegon designates Mohammed Al-Shatel, its Director of Public
Works, as the Contract Administrator and Maintenance Superintendent on state
trunkline highways, and authorizes him and Ann Marie Cummings, City Clerk, to
execute this contract on the City’s behalf.
This is a five-year, renewable contract.
FINANCIAL IMPACT: Our annual contract with MDOT is approximately $230,000.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of five-year contract and the designation
of Mohammed Al-Shatel as the Contract Administrator and Maintenance
Superintendent, and authorize him and Ann Marie Cummings, City Clerk, to
execute the contract on the City’s behalf.
F. Muskegon High School Community Officer Agreement. PUBLIC SAFETY
2
SUMMARY OF REQUEST: The Director of Public Safety requests that the City
Commission review and approve the agreement between the City of Muskegon
Police Department and the Muskegon Public Schools.
The agreement is for a Community Officer at the High School during the 2014-
2015 school year.
FINANCIAL IMPACT: This agreement is a three percent increase from last year’s
(2013-2014) agreement.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approving the agreement
between the City of Muskegon Police Department and the Muskegon Public
Schools for a Community Officer for the school year 2014-2015.
G. Youth Basketball League and Open Gym Proposal – Muskegon Public
Schools. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The City of Muskegon has contracted with the
Muskegon Public Schools (“Schools”) for the management of the Youth
Basketball League and Open Gym since 2010. The program has been
successful and the Schools would like to manage the program for the 2014-2015
school year. The Commission is requested to approve the proposal and
authorize staff to enter into an agreement with the Schools for oversight of the
basketball program and the Open Gym program.
FINANCIAL IMPACT: The cost for the program is $18,500 (which has not changed
since 2010).
BUDGET ACTION REQUIRED: Funds are available through the Leisure Services
budget.
STAFF RECOMMENDATION: To approve the “Youth Basketball League and Open
Gym Proposal” and authorize staff to enter into a formal agreement with the
Schools.
H. Consideration of Bids – HVAC Work at Public Service Building. PUBLIC
WORKS
SUMMARY OF REQUEST: Authorize staff to enter into a contract with American
Mechanical to install heating pumps for three offices at public service building
to enhance heating and cooling at a total cost of $9,843.25. Quotes were
solicited from three qualified contractors, however, only two submitted bids.
FINANCIAL IMPACT: The cost of $9,843.25 from PSB funds.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with
American Mechanical to install the pumps for the HVAC system at the Public
Service Building for $9,843.25.
3
I. Snow Plows. PUBLIC WORKS
SUMMARY OF REQUEST: Per the request of our Highway Department, and
checking with surrounding communities, we have decided to purchase three
front plows: (1) Hydro-turn, and (2) Stationary, from Truck and Trailer Specialties,
Dutton, MI, the sole source provider of the preferred front plows being used by
several surrounding municipalities.
FINANCIAL IMPACT: $20,415.
BUDGET ACTION REQUIRED: None, this is the amount budgeted for.
STAFF RECOMMENDATION: Authorize staff to purchase (1) Hydro-turn, and (2)
Stationary front plows from Truck and Trailer Specialties, Dutton, MI.
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga to
approve the Consent Agenda as read with the exception of Item C.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
Hood, and Spataro
Nays: None
MOTION PASSES
2014-67 ITEM REMOVED FROM THE CONSENT AGENDA:
C. Part Time Wage Scale (Police Officer). PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety requests that the City
Commission review and authorize the proposed amendment to the wage matrix
for non-union part-time employees (police).
The police department will begin to implement part time police officers per
section 38 of the current (2014-2016) POLC Police Officers contract.
Step 9:
Evidence/Court Officer Grade 1: 20.00 Grade 2: 21.00 Grade 3: 22.00
Start 1,000 hours 2,000 hours of service
Police Officer (PT) Grade 1: 14.35 Grade 2: 14.86 Grade 3: 15.37
Start 1,000 hours 2,000 hours of service
Officer(s) may start at a higher grade based on experience.
FINANCIAL IMPACT: Positive financial impact – contract limits PT to 7,000 max
working hours annually.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends adopting this amendment to the
non-union part time wage matrix to include part time police officers.
Motion by Commissioner Turnquist, second by Commissioner Johnson to adopt
the amendment to the non-union part time wage matrix to include part time
4
police officers.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
Spataro, and German
Nays: None
MOTION PASSES
2014-68 NEW BUSINESS:
A. Road Millage Resolution.
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga to
adopt the Road Millage Resolution.
Motion by Commissioner Johnson, second by Commissioner Turnquist to amend
the motion to move the annual street sweeping funding to street maintenance
construction.
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga to
table action on this item to the October 13, 2014, Worksession.
ROLL VOTE: Ayes: Johnson, Spataro, German, Rinsema-Sybenga, and Turnquist
Nays: Gawron and Hood
MOTION TO TABLE PASSES
2014-69 ANY OTHER BUSINESS:
Motion by Commissioner German, second by Commission Hood to start up the
Equal Employment Opportunity Committee.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga
to table the establishment of the Equal Employment Opportunity Committee to
the October 13, 2014, Community Relations Committee Meeting.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Spataro, German, and
Rinsema-Sybenga
Nays: None
MOTION TO TABLE PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:48 pm.
Respectfully submitted,
Ann Marie Cummings, MMC
City Clerk
5
Date: September 23, 2014
To: Honorable Mayor and City Commissioners
From: Ann Marie Cummings, City Clerk
RE: Small Wine Maker License
Pigeon Hill Brewing Company
500 W. Western, Suite 1
SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from Pigeon Hill Brewing Company,
LLC for a Small Wine Maker License to be located at 500 W. Western,
Suite 1.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Date: September 15th, 2014
To: Honorable Mayor and City Commissioners
From: Director of Public Safety Jeffrey Lewis
RE: Roof Maintenance/Repair Fire Station # 4 (Robinson St.)
SUMMARY OF REQUEST:
The Director of Public Safety requests that the Commission authorize the amount of
$9,600.00 for the roof repair to Fire Station # 4. It was determined that the aging roof
was leaking and causing damage to the roof structure, which needs immediate
attention. Roofing bids were requested, Mikalan Roof Inc. (sub contracted to Werner
& Sons) was selected from the process (see attachment for details).
FINANCIAL IMPACT:
N/A
BUDGET ACTION REQUIRED:
Repairs to Fire Station (# 4) roof were requested in the 2014/2015 budget cycle to
assure proper maintenance at this fire facility.
STAFF RECOMMENDATION:
Staff recommends approval of this repair request.
Date: September 23, 2014
To: Honorable Mayor and City Commissioners
From: DPW/Equipment
RE: T.V. Truck and Camera System
SUMMARY OF REQUEST:
The Equipment Division has requested bids from Jack Doheny Companies and
Fredrickson Supply Company for a new T.V. Truck and camera system. After several
attempts to contact the Aries camera rep from Fredrickson and no return calls we are
requesting permission to purchase the T.V. Truck and camera system from Jack Dohey
Companies.
FINANCIAL IMPACT:
$189,867.95
BUDGET ACTION REQUIRED:
Authorize staff to move the budgeted purchase amount from the 2013/2014 budget to the
2014/2015 budget at the time of the first quarterly reforecast.
STAFF RECOMMENDATION:
Authorize staff to purchase (1) T.V. Truck and Camera System from Jack Doheny
Companies for $189,867.95
C:\Users\linda.potter\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\H8NAZE4J\T
V Truck 2014 purchase.doc
Date: September 23, 2014
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City – MDOT Agreement for:
Veteran Park Improvements
SUMMARY OF REQUEST:
Approve a contract with MDOT amending the previously signed contract No. 14-5155
increasing the grant amount by $123,200 by approving the attached resolution
authorizing the Mayor and City Clerk to sign the amended contract # 14-5519.
The amendment is purely to increase the
FINANCIAL IMPACT:
No change from what was previously approved since the entire increase is in federal
grant.
BUDGET ACTION REQUIRED:
None at this time as this project was budgeted for, however, the revised
cost/grant amount will be reflected in the upcoming budget re-forecast.
STAFF RECOMMENDATION:
Approve the attached contract amendment and resolution authorizing the mayor &
clerk to sign both.
COMMITTEE RECOMMENDATION:
RESOLUTION__________
RESOLUTION FOR APPROVAL OF AMEDMENT TO CONTRACT AGREEMENT
BETWEEN THE MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF
MUSKEGON FOR THE PEDESTRIAN MOBILITY IMPROVEMENT WORK BETWEEN
NORTHBOUND AND SOUTHBOUND OF M-120 (VETERAN PARK) INCLUDING
SIDEWALKS, DECORATIVE LIGHTING TOGETHER WITH OTHER NECESSARY
RELATED WORK ITEMS AND AUTHORIZATION FOR MAYOR STEPHEN J. GAWRON
AND CITY CLERK, ANN CUMMINGS, TO EXECUTE SAID CONTRACT
Moved by_____________________________________and supported by
Commissioner___________________________that the following Resolution be
adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 14-5519 between the
Michigan Department of Transportation and the City of Muskegon for the pedestrian
mobility improvement work between northbound and southbound of M-120
(veteran park) within the Cities of Muskegon & N. Muskegon is in the best interest of
the City of Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 14-5519 be and
the same is hereby authorized and approved and the Mayor and Clerk are
authorized to execute said contract for and on behalf of the City of Muskegon.
Adopted this____________day of____________, 2014.
BY
Stephen J. Gawron, Mayor
ATTEST
Ann Cummings, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
____________, 2014. The meeting was properly held and noticed pursuant to
the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of
1976.
CITY OF MUSKEGON
By___________________________
Ann Cummings, City Clerk
Date: September 23, 2014
To: Honorable Mayor and City Commission
From: Department of Public Works
RE: New Cingular Wireless Third Amended Tower Lease
Agreement
SUMMARY OF REQUEST:
Approve the staff negotiated amendment to the contract with New Cingular
Wirless to add three more antennas to the Nims’ street water tower and
authorize the mayor and clerk to sign said amendment.
New Cingular Wireless PCS, LLC a Delaware Corporation and the
Department of Public Works have been in negotiations to amend the Second
Amendment to the 1998 Lease Agreement for the Nims Street and Marshall
Street Water Towers.
This third amendment would allow New Cingular Wireless to install, on
Nims Street Water Tower only, up to a total of 12 antennas, 3 additional
antennas from the current number of 9.
FINANCIAL IMPACT:
Monthly rental will increase from $7,772.54 per month to $9,077.54
escalating at the rate of 3% annually for the life of the contract which ends in
2018.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve of the Third Amendment to the 1998 Lease Agreement and to
authorize the Mayor and Clerk to sign.
Commission Meeting Date: September 23, 2014
Date: September 18, 2014
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Request to proceed with the Redevelopment Ready
Communities program
SUMMARY OF REQUEST:
The City of Muskegon is one of eight communities selected to participate in the Michigan
Economic Development Corporations (MEDC) Redevelopment Ready Communities
program. The program supports communities to become redevelopment ready and to adopt
innovative strategies and efficient processes which build confidence among businesses and
developers. The MEDC recently released its evaluation of Muskegon and shared the
findings at a recent commission meeting. The MEDC is requesting a resolution in support of
continuing the certification process.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the resolution and to proceed with the Redevelopment Ready Communities
program.
COMMITTEE RECOMMENDATION:
None
9/18/2014
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE CITY MANAGER TO PROCEED TOWARD IMPLEMENTATION OF
RECOMMENDATIONS NECESSARY TO RECEIVE REDEVELOPMENT READY COMMUNITIES (RRC)
CERTIFICATION FROM THE MICHIGAN ECONOMIC DEVELOPMENT COPRORATION (MEDC)
WHEREAS, the MEDC selected the City of Muskegon as one of eight communities to participate in the RRC
program; and
WHEREAS, the expectation of the program is to complete a comprehensive review of the City of Muskegon
development process, to make improvements in transparency and effective communication; and
WHEREAS, the MEDC has completed its evaluation of the City’s redevelopment readiness and has made
recommendations toward a more proactive, efficient and transparent process; and
WHEREAS, the City Commission is willing to complete the tasks as outlined in the evaluation report; and
NOW, THEREFORE, BE IT RESOLVED, that the City Commission of the City of Muskegon, Michigan, hereby
authorizes the City Manager to proceed toward implementation of the recommendations necessary to receive
RRC certification from the MEDC.
Adopted this 23rd Day of September, 2014.
Ayes:
Nays:
Absent:
BY: __________________________________
Stephen J. Gawron
Mayor
ATTEST: __________________________________
Ann Cummings
Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon
City Commission, County of Muskegon, Michigan, at a regular meeting held on September 23, 2014.
______________________________
Ann Cummings
Clerk
9/18/14
Commission Meeting Date: September 23, 2014
Date: September 18, 2014
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Sale of the property at 481 Monroe Ave
SUMMARY OF REQUEST:
Staff is seeking approval to sell the vacant, buildable, residentially zoned lot at 481 Monroe
Ave to the Shoreline Branch Lions Club. The non-profit organization plans on working in
conjunction with Love Community Garden to expand their current community garden. The
lot is considered buildable because of its size, however; the odd shape of it would make
development difficult and would require variances to meet current setback requirements.
There are several other city-owned buildable lots in the area. The asking price for the lot is
$3,600 and the Shoreline Branch Lions Club is offering $50.
FINANCIAL IMPACT:
The City would receive $50 and help Love Community Garden expand its operations.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval and signature of the attached resolution.
COMMITTEE RECOMMENDATION:
None
9/18/2014
City-owned lots in the area
Yellow – Buildable
Red – Non-Buildable
9/18/14
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 481 MONROE AVE FOR $50.
WHEREAS, The Lions Club will be allowed to purchase the parcel designated as number 24-205-374-0001-00,
located at 481 Monroe Ave for $50; and
WHEREAS, The Lions Club will work in conjunction with Love Community Garden to expand the current
community garden at 1404 8th St; and
NOW THEREFORE BE IT RESOLVED, that parcel number 24-205-374-0001-00, located at 481 Monroe Ave
be sold to The Lions Club for $50.
CITY OF MUSKEGON REVISED PLAT OF 1903 PT LOT 1 BLK 374 COM AT A PT ON E LINE LOT 1 37.5
FT N OF SE COR LOT 1 TH W 87 FT TO PT OF BEG N 118.4 FT TO NLY LINE LOT 1 SWLY 105.55 FT TO
NW COR LOT 1 S 49.9 FT E 80 FT TO BEG BLK 374 ALSO E 1/2 VAC ADJ ALLEY
Adopted this 23rd day of September, 2014
Ayes:
Nays:
Absent
By: _________________________
Stephen J. Gawron
Mayor
Attest: ________________________
Ann Cummings, MMC
City Clerk
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City
Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on September
23, 2014.
By: ________________________
Ann Cummings, MMC
City Clerk
9/18/14
Commission Meeting Date: September 23, 2014
Date: September 18, 2014
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Sale of the property at 816 Marquette Ave
SUMMARY OF REQUEST:
Staff is seeking approval to sell the vacant, buildable, residentially zoned lot at 816
Marquette Ave to James Williams, owner of the multi-family residential complexes at 860
Marquette Ave. He plans on constructing two more multi-family residential units and an
office on the property. The property is 6.1 acres; however, more than an acre of it is
undevelopable due to the ravine to the north of the property.
FINANCIAL IMPACT:
Staff recommends a sale price of $11,000.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval and signature of the attached purchase agreement and resolution.
COMMITTEE RECOMMENDATION:
None
9/18/2014
Looking east from Getty St Looking west from the property
Looking north from 860 Marquette Ave Ravine to the north
9/18/14
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 816 MARQUETTE AVE FOR $11,000.
WHEREAS, James Williams will be allowed to purchase the parcel designated as number 24-613-000-0655-00,
located at 816 Marquette Ave for $11,000; and
WHEREAS, James Williams will combine this property with his other property at 860 Marquette Ave; and
WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of further
maintenance costs; and
NOW THEREFORE BE IT RESOLVED, that parcel number 24-613-000-0655-00, located at 816 Marquette
Ave be sold to James Williams for $11,000.
CITY OF MUSKEGON URBAN RENEWAL PLAT NO 4 LOT 655 & 658 & S 60' OF LOT 659 (AS MEASURED
AT RT ANGLES TO S LINE LOT 659)
Adopted this 23rd day of September, 2014
Ayes:
Nays:
Absent
By: _________________________
Stephen J. Gawron
Mayor
Attest: ________________________
Ann Cummings, MMC
City Clerk
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City
Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on September
23, 2014.
By: ________________________
Ann Cummings, MMC
City Clerk
9/18/14
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made ___________, 2014 (“Effective Date”), by and between
the CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon,
Michigan 49440 ("Seller"), and James Williams, of 1482 Morgan Ave, Muskegon, MI 49442
("Buyer").
1. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, the real estate, and all improvements thereon, with all beneficial easements,
and with all of Seller's right, title and interest in all adjoining public ways, located in the City of
Muskegon, Muskegon County, Michigan ("Premises"), and specifically described as:
SEE ATTACHMENT A
Subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.
2. Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Eleven Thousand and no/100 Dollars ($11,000), payable in cash at the closing. The
parties acknowledge that Buyer has already given a $500 earnest money deposit to the Seller
(“Deposit”). The Deposit shall be applied to the purchase price at closing. If the Closing, as
defined in paragraph 8, does not occur as scheduled due to default by the Buyer, the Deposit
shall be forfeited to the Seller and will not be refunded.
3. Taxes and Assessments. All taxes and assessments that are due and payable at
the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments that become due and payable after Closing shall be the responsibility of Buyer.
4. Title Insurance. Seller agrees to deliver to Buyer, on or before the closing date,
a commitment for title insurance, issued by Land America Transnation Title Insurance Company,
for an amount not less than the purchase price stated in this Agreement, guaranteeing title on the
conditions required herein. In the event the reservations, restrictions or easements of record
disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable,
Seller shall have forty-five (45) days from the date Seller is notified in writing of such
unreasonableness of restriction and such unmarketability of title, to remedy such objections. If
Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or
otherwise) within the time specified, Buyer agrees to complete this sale as herein provided,
within ten (10) days of written notification thereof. If Buyer closes on the Premises, any
objections to the title are deemed waived. If Seller fails to resolve such restrictions or remedy
the title within the time above specified or fails to obtain satisfactory title insurance, this
Agreement will be terminated at Buyer's option. The premium for the owner's title policy shall
be paid by Seller.
5. Covenant to Construct Improvements and Use. Buyer acknowledges that, as
part of the consideration inuring to the City, Buyer covenants and agrees to construct on the
premises one (1) multi-family home, up to all codes, within twenty-four (24) months of the
closing of this transaction. The home shall be substantially completed within twenty-four (24)
months and, in the event said substantial completion has not occurred, or the restriction of this
paragraph relating to tree removal is violated, in the sole judgment of the City, the property and
all improvements then installed shall revert in title to the City, without any compensation or
credit to Buyer, and free of all liens. The covenants in this paragraph shall survive the closing
and run with the land.
6. Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this Purchase Agreement, and paying the cost of such survey. Buyer may elect to
purchase the Premises subject to said encroachment or variation.
7. Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS,
CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED
THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE
BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING
PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT
DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. SELLER
KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION, AND BUYER
WAIVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH STUBSTANCES ARE
FOUND.
8. Closing. The closing date of this sale shall be on or before 90 days after the
Effective Date ("Closing"). The Closing shall be conducted at Land America Transnation Title
Insurance Company, 570 Seminole Road, Ste. 102, Muskegon, MI 49444. If necessary, the
parties shall execute an IRS closing report at the Closing.
9. Delivery of Deed. Seller shall execute and deliver a quitclaim deed to Buyer at
Closing for the Premises.
10. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
11. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.
12. Costs. Seller shall be responsible to pay the Michigan transfer tax, if any, in the
amount required by law. In addition, Seller shall be responsible to pay for the recording of any
instrument that must be recorded to clear title to the Premises, to the extent required by this
Agreement. Buyer shall pay for the cost of recording the deed to be delivered at Closing.
13. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read as
plural, feminine or neuter.
c. Merger. It is understood and agreed that all understandings and
agreements previously made between Buyer and Seller are merged into this Agreement,
which alone fully and completely expresses the agreement of the parties.
d. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
e. Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors and assigns.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
g. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for herein shall survive the Closing and continue in full force and effect after
the consummation of this purchase and sale.
h. Modification of the Agreement. This Agreement shall not be amended
except by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement on the date written below
their names, to be effective as of the day and year first above written.
WITNESSES: SELLER: CITY OF MUSKEGON
_______________________________ By_____________________________________
Stephen J. Gawron, Mayor
Date: __________________
_______________________________ _______________________________________
Ann Cummings, MMC, Clerk
Date: __________________
BUYER: James Williams
________________________________ _____________________________________
Name: ______________________
Title: _______________________
EIN#:_____________________
Date: __________________
________________________________
ATTACHMENT A
CITY OF MUSKEGON URBAN RENEWAL PLAT NO 4 LOT 655 & 658 & S 60' OF LOT
659 (AS MEASURED AT RT ANGLES TO S LINE LOT 659)
Commission Meeting Date: September 23, 2014
Date: September 16, 2014
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Request to conduct a Public Hearing of the
Community & Neighborhood Services Department
Consolidated Annual Performance Evaluation
Report (CAPER 2013)
SUMMARY OF REQUEST: To conduct a public hearing of the 2013-
2014 CAPER projects funded through CDBG and HOME allocations to
the City of Muskegon Community and Neighborhood Services
department.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To submit the 2013-2014 CAPER,
including any public comments received during the 30 day comment
period ending September 25, 2014.
COMMITTEE RECOMMENDATION: None
COMMISSION DATE: 09/23/2014
DATE: 09/11/2014
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order to
Demolish. Dangerous Building Case #: EN142989
SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the structure located at 703 AMITY AVE
is unsafe, substandard, a public nuisance and that it be demolished within thirty (30)
days. It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and directed
to execute a contract for demolition with the lowest responsible bidder.
Case# & Project Address: # EN142989 - 703 AMITY AVE
Location and ownership: This structure is located on Amity Ave. between Scott and
Getty Streets and is owned by GUZMAN CHRIS.
Staff Correspondence: A dangerous building inspection was conducted in 2012 & 2013.
Due to the time lapse and ownership change; the City Attorney recommended to start
this case over. The new Notice and Order to Repair was issued on 6/27/14. On 8/7/14
the HBA declared the structure substandard and dangerous.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $ 21,600
Estimated cost to repair: $ 41,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
Additional Information (History):
Owner Contact: None – All certified mailings had been returned unsigned/unclaimed.
County Treasurer notifications have been returned signed. There are delinquent
property taxes for this property for 2012 & 2013.
Permits obtained: None.
If you disagree with the decision of the City Commission, you have the right to file a petition for
superintending control in the Circuit Court for the County of Muskegon within 21 days after the
City Commission concurs.
CITY OF MUSKEGON
933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715
DANGEROUS BUILDING INSPECTION REPORT
Thursday, June 28, 2012
Enforcement # EN120073 Property Address 703 AMITY AVE Parcel
#24-205-051-0007-00 Owner GUZMAN CHRIS
Inspector: Henry Faltinowski (Original Inspector)
Date completed: 06/29/2012
DEFICENCIES:
1. Replace roof covering call for sheathing inspection when roof is stripped.
2. Porch on front collapsing remove or repair to Current code.
3. Replace all broken windows and doors.
4. Replace all damaged soffit and fascia.
5. Request interior inspection by trade inspectors.
Request interior inspection by all trades, electrical, mechanical and plumbing.
Please contact Inspection Services with any questions or to schedule an
inspection at 933 Terrace St., Muskegon, MI 49440 (231) 724 6758.
Based upon my recent inspection of the above property I determined that the structure
meets the definition of a Dangerous Building and/or Substandard Building as set forth in
Section 10-61 of the Muskegon City Code.
_____________________________ _______________
Henry Faltinowski, Building Inspector Date
CITY OF MUSKEGON
933 Terrace St., P.O. Box 536, Muskegon, MI 49443 (231)724-6715
DANGEROUS BUILDING INTERIOR INSPECTION REPORT
703 AMITY AVE
08/16/2013
Inspection noted:
Uncorrected - Exterior
1. Replace roof covering call for sheathing inspection when roof is stripped.
2. Porch on front collapsing remove or repair to Current Code.
3. Replace all broken windows and doors.
4. Replace all damaged soffit and fascia.
5. Request interior inspection by trade inspectors.
Uncorrected – Interior Inspection
1. Pressure test gas line.
2. Inspect & certify chimney.
3. Inspect and certify, replace water heater.
4. Inspect & certify all house plumbing.
5. Inspect & certify all HVAC venting.
6. Inspect & certify building sewer & water service.
7. Must have HVAC system.
8. All work performed to conform with 09 MPC, MMC & fuel gas
9. Completely rewire to comply with current MRC
10. Install smoke detectors to comply with MRC
11. All water damaged ceilings and walls to stripped and replaced.
12. Framing to be inspected after ceilings and wall covering has been removed.
13. Floor supports appear to be failing
14. Replace rotted flooring and framing in rear mud room.
15. Note: Building appears to have suffers extensive water damage.
If there is a code that has changed since this inspection list was created; then it will be the
required code to go by.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS
AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 10-61 OF THE
MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
COMMISSION DATE: 9/23/14
DATE: 09/11/2014
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order to
Demolish. Dangerous Building Case #: EN142990
SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the structure located at 717 AMITY AVE
is unsafe, substandard, a public nuisance and that it be demolished within thirty (30)
days. It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and directed
to execute a contract for demolition with the lowest responsible bidder.
Case# & Project Address: # EN142990 - 717 AMITY AVE
Location and ownership: This structure is located on Amity Ave. between Scott and
Getty Streets and is owned by TREVINO JOE/KIMBERLY.
Staff Correspondence: A dangerous building inspection was conducted in 2011 & 2012.
Due to the time lapse and ownership change; the City Attorney recommended to start
this case over. The new Notice and Order to Repair was issued on 6/27/14. On 8/7/14
the HBA declared the structure substandard and dangerous.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $ 12,900
Estimated cost to repair: $ 32,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
Additional Information (History):
Owner Contact: None since the Notice & Order being sent 6/27/2014 – All certified
mailings to the owner have been returned “unclaimed”.
All certified notifications sent to the County Treasurer (due to 2012 & 2013 taxes being
delinquent) have been signed & returned.
Permits obtained: The current owners had applied for 2 permits 11/2013 & worked out a
timeline with SAFEbuilt for the repairs. Nothing had been completed & no further
contact was made from the owner regarding the permits, etc.
PB130908 for windows & siding. – Nothing done with the permit being closed
5/5/2014.
PE130632 to upgrade the electrical to 150 – Nothing done & permit expired
7/12/2014.
If you disagree with the decision of the City Commission, you have the right to file a
petition for superintending control in the Circuit Court for the County of Muskegon within 21
days after the City Commission concurs.
CITY OF MUSKEGON
933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715
DANGEROUS BUILDING INSPECTION REPORT
Wednesday, November 30, 2011
Enforcement # EN110204 Property Address 717 AMITY AVE Parcel
#24-205-051-0006-10 Owner FRANS CARL/MARIE
Inspector: Henry Faltinowski
Date completed: 11/30/2011
DEFICENCIES:
1. Roof covering, deteriorated replace.
2. Chimney collapsing.
3. Missing siding.
4. Numerous broken windows.
5. Broken garage vehicle entry door.
6. Request interior inspection by trade inspectors
Request interior inspection by all trades, electrical, mechanical and plumbing.
Please contact Inspection Services with any questions or to schedule an
inspection at 933 Terrace St., Muskegon, MI 49440 (231) 724 6758.
Based upon my recent inspection of the above property I determined that the structure
meets the definition of a Dangerous Building and/or Substandard Building as set forth in
Section 10-61 of the Muskegon City Code.
_____________________________ _______________
Henry Faltinowski, Building Inspector Date
SAFE built
Building Department Services
Dangerous Building inspection completed 12/17/2012
Please find the following items that need to be addressed in
order to obtain a Certificate of Occupancy for 717 Amity Ave.
and clear the property from the Dangerous Building process.
If you have any questions please call SAFE built at 231.724.6715.
1. Roof covering is deteriorated, must be replaced
2. Chimney is collapsing, must be repaired I replaced
3. Siding is missing in areas
4. Numerous broken windows, any new windows to meet Michigan Energy
Code requirements
5. Broken garage vehicle door
6. Replace porch ceiling covering
7. Engineered wall bracing needed in basement, walls are bowing
8. Replaced damaged I missing floor covering
9. Hose spigots to have a backflow device
10.Ductwork to be cleaned
11.Need complete HVAC system
12.Need complete plumbing system with fixtures 13. Need water heater
1 . Pressure test gas line
4
1 . Inspect & certify water service
5
1 . Inspect & certify building sewer
6
1 . Provide laundry facility
7
1 . Electric service to be replaced to 2009 MRC
8
1 . All cut wires to be replaced to 2009 MRC
9
2 . Smoke alarms to be installed to 2009 MRC
0
2 . All wiring to be certified safe & code compliant
1
2 . Garage wiring to be certified safe & code compliant
2
933 TERRACE ST., STE. 204,MUSI<EGON, Ml 49443
(231)724-6715 FAX (231) 724-6750
City of Muskegon Rev. 9-9-14
Muskegon County, Michigan
Ordinance Amendment No. _____
THE CITY OF MUSKEGON HEREBY ORDAINS:
Chapter 34, Article IV of the Code of Ordinances of the City of Muskegon, Michigan is amended
in its entirety, replacing sections 34-101 through 34-115 with the following:
Sec. 34-101. Purpose and Intent.
It is the intent of this ordinance to give effect to the intent of Initiated Act 1 of 2008,
MCL 333.26421, et seq, (the Act) as approved by the electors, and not to determine and establish
an altered policy with regard to marihuana. The act authorizes a narrow exception to the general
rule and state policy that the cultivation, distribution, and use of marihuana amount to criminal
acts. It is the further intent of this ordinance to protect the public health, safety, and general
welfare of persons and property, and to issue licenses. It is the further intent of this ordinance to
comply with the Act while concurrently attempting to protect the health, safety, and welfare of
law enforcement officers and other persons in the community, and also to address and minimize
reasonably anticipated secondary effects upon children, other members of the public, and upon
significant areas of the community, that would be reasonably expected to occur in the absence of
the provisions of this ordinance. This ordinance is designed to recognize the fundamental intent
of the Act to allow the creation and maintenance of a private and confidential patient-caregiver
relationship to facilitate the statutory authorization for the limited cultivation, distribution, and
use of marihuana for medical purposes; and to regulate around this fundamental intent in a
manner that does not conflict with the Act so as to address issues that would otherwise expose
the community and its residents to significant adverse conditions, including the following:
adverse and long-term influence on children; substantial serious criminal activity; danger to law
enforcement and other members of the public; discouragement and impairment of effective law
enforcement with regard to unlawful activity involving the cultivation, distribution, and use of
marihuana; the creation of a purportedly lawful commercial enterprise involving the cultivation,
distribution and use of marihuana that is not reasonably susceptible of being distinguished from
serious criminal enterprise; and, the uninspected installation of unlawful plumbing and electrical
facilities that create dangerous health, safety, and fire conditions.
This ordinance permits authorization for activity based on the Act. Nothing in this
ordinance shall be construed as allowing persons to engage in conduct that endangers others or
causes a public nuisance, or to allow use, cultivation, growth, possession or control of marihuana
not in strict accordance with the express authorizations of the Act and this ordinance; and,
nothing in this ordinance shall be construed to undermine or provide immunity from federal law
as it may be enforced by the federal or state government relative to the cultivation, distribution,
or use of marihuana. Thus, the authorization of activity, and the approval of a license under this
ordinance shall not have the effect of superseding or nullifying federal law applicable to the
cultivation, use, and possession of marihuana, and all applicants and grantees of licenses are on
notice that they may be subject to prosecution and civil penalty, including forfeiture of property.
Sec. 34-102. Definitions.
Act means Initiated Law of 2008, MCL 333.26421, et seq., and Michigan Administrative Rules,
R 333.101, et seq.
Department means the State of Michigan Department of Community Health.
Dispensary means one or more primary caregivers growing, storing, delivering, transferring,
and/or providing qualifying patients with Medical marihuana out of a building or structure.
Qualifying patient or patient means a person as defined under MCL 333.26423(h) of the Act,
who has been issued and possesses a Registry Identification Card under the Act.
Primary caregiver or caregiver means a person as defined under MCL 333.26423(g) of the Act,
and who has been issued and possesses a Registry Identification Card under the Act.
Registry Identification Card means the document defined under MCL 333.26423(i) of the Act.
Distribution means the physical transfer of any amount of marihuana in any form by one person
to any other person or persons, whether or not any consideration is paid or received.
Distributor means a primary caregiver who engages in any one or more acts of Distribution.
Facility or Premises means a commercial business having a separate or independent postal
address, one private office having a separate or independent postal address, one single family
residence having a separate or independent postal address, one apartment unit having a separate
or independent postal address, one condominium unit having a separate or independent postal
address, or one free-standing industrial building having a separate or independent postal address.
Medical Marihuana Home Cultivation Operation means the cultivation of marihuana by a
registered patient within a single family dwelling that is the registered patient’s primary
residence and which cultivation is in conformity with the restrictions and regulation contained in
the Act.
Marihuana means the substance or material defined in section 7106 of the public health code,
1976 PA 368, MCL 333.7106.
Principal residence means the place where a person resides more than half of the calendar year.
Sec. 34-103. Licensure requirements.
(1) The cultivation of marihuana by a caregiver or any other person permitted
under the Act, and the provision of caregiver services relating to medical marihuana use,
shall be permitted in accordance with the Act. No cultivation, distribution, and other
assistance to patients shall be lawful in this community at a location unless and until such
location for such cultivation, distribution, and assistance shall have been licensed under
this ordinance.
(2) The license requirements set forth in this chapter shall be in addition to,
and not in lieu of, any other licensing and permitting requirements imposed by any other
federal, state or local law.
(3) Each caregiver operating at a facility or dispensary shall obtain a separate
license prior to operating.
(4) The following locations shall require licensure:
(a) A facility used for the cultivation of marihuana by caregivers or
patients permitted under the Act;
(b) A dispensary or facility used for distribution;
(c) Any facility used to provide any other assistance to patients by
caregivers permitted under the Act relating to medical marihuana;
(d) A location other than a patient’s principal residence where a patient
cultivates or uses marihuana exclusively for such patient’s personal
consumption.
(e) The principal residence of a patient where marihuana is cultivated
exclusively for such patient’s personal consumption.
(5) Operating as a primary caregiver is prohibited in a residence.
(6) Any portion of the structure where energy usage and heat exceeds typical
residential use, such as a grow room, and the storage of any chemicals such as herbicides,
pesticides, and fertilizers shall be subject to inspection and approval by the fire
department to insure compliance with the City’s adopted International Fire Code.
(7) The premises shall be open for inspection upon request by the City’s
appointed inspectors, building officials, fire department, and/or law enforcement officials
for compliance with all applicable laws and rules, during normal business hours of 9:00
a.m. until 5:00 p.m. or as such other times as anyone is present on the premises.
Sec. 34-104. Application for license.
(1) An application for an annual license or renewal under this section shall be
submitted to the City Clerk. A license shall be issued or renewed upon payment of the
required fee and submission of a completed application in compliance with the provisions
of this article, and compliance with all provisions and requirements of this article.
(2) An application renewal shall be submitted annually. Application to renew
a license under this ordinance shall be filed at least 30 days prior to the date of expiration.
Such renewal shall be accompanied by the annual fee.
(3) An application shall include the names of all caregivers operating in the
same facility or on the same premises, with proof of registration, including current
Registry Identification Card, pursuant to the Act.
(4) Pursuant to the Act, primary caregivers shall not have any felony
convictions within the past ten years and shall not have ever been convicted of a felony
involving illegal drugs or a felony that is an assaultive crime as defined in section 9a of
chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a. If a criminal
background check reveals any such felony conviction, no license shall be issued and/or
an existing license shall be revoked.
(5) The application shall include the marihuana facility history of the
applicant; whether such person has had a business license revoked or suspended, the
reason therefore, and the business activity or occupation subsequent to such action of
suspension or revocation.
(6) No license shall be issued and/or an existing license may be revoked if
applicant or business owes to the City any outstanding back taxes, fines, fees or liens.
(7) Applications shall include the address of the precise premises at which
there shall be possession, cultivation, distribution or other assistance in the use of
marihuana.
(8) If the premises are rented and not owned by the applicant, the
landlord/owner of the premises must sign the application acknowledging that they are
aware of the legal growth, storage and/or distribution of medical marijuana on the
premises.
(9) Specify the name and address of the place where all unused portions of
marihuana plants cultivated in connection with the use of marihuana or caregiver activity
at the premises shall be disposed.
(10) Describe the enclosed, locked facility in which any and all cultivation of
marihuana is proposed to occur, or where marihuana is stored, with such description
including: location in building, precise measurements in feet, of the floor dimensions and
height; the security device for the facility; and in the case of facilities with more than one
primary caregiver, the name of the single primary caregiver designated to solely oversee
and have access to each separate enclosed, locked facility.
(11) Describe all locations in the premises where a caregiver or other person
authorized under the Act shall render assistance to a qualifying patient.
(12) Specify the number of patients to be assisted by each caregiver, including
the number of patients for whom marihuana is proposed to be cultivated, and the number
of patients to be otherwise assisted on the premises, and the maximum number of plants
to be grown or cultivated at any one time.
(13) For safety and other code inspection purposes, it shall describe and
provide detailed specifications of all lights, equipment, and all other electrical, plumbing,
and other means proposed to be used to facilitate the cultivation of marihuana plants.
(14) The initial application fee and renewal fees shall be established by special
resolution of the City Commission; thereafter they shall be established by annual budget
resolution of the City Commission.
(15) In the case of corporations, partnerships, non-profit organizations, or other
business types, the applicant shall be the highest level official or employee of the entity
such as, board President, Chief Executive Officer, Executive Director, or comparable
position.
(16) If the applicant is a corporation, a copy of the articles of incorporation and
current corporation records disclosing the identity and residential addresses of all
directors, officers, and shareholders shall be included. Include the address of the
corporation itself, if different from the address of the marihuana dispensary or
growing/manufacturing facility and the name and address of the resident agent for the
corporation.
(17) If the applicant is a partnership, the names and residence address of each
of the partners and the partnership itself, if different from the address of the marihuana
dispensary or growing/manufacturing facility, and the name and address of the resident
agent.
Sec. 34-105. Number of Marijuana Plants.
(1) In a patient’s principal residence, there shall be not more than twelve
marihuana plants per licensed patient being cultivated at any one time.
(2) At a facility at which a caregiver cultivates marihuana for use by patients,
there shall not be more than twelve marihuana plants being cultivated at any one time per
patient, and in no event more than seventy-two marihuana plants being cultivated at any
one time per caregiver (which assumes cultivation for five patients, plus an additional
twelve plants if the caregiver is also a patient that has not designated a caregiver to assist
in providing medical marihuana).
Sec. 34-106. Locations
(1) Dispensaries used by a primary caregiver are permitted in the following
zoning districts: B-2, B-3, B-4, B-5, MC, I-1 and I-2.
(2) No dispensary may be located within 1,000 feet of a preschool, elementary
school, middle school or high school. Measurements for purposes of this section shall be
made from property boundary to property boundary.
Sec. 34-107. No Signs or Advertising.
(1) The distribution of marihuana is generally unlawful, and the Act does not
authorize any activity such as a “dispensary.” Reading the Act as a whole, the activities
of caregivers are interpreted as being limited to private and confidential endeavors.
Moreover, the location and identity of a caregiver may be readily known to his or her
patients. Accordingly, there shall be no signage identifying a facility, dispensary or any
place where a caregiver is operating.
(2) Unless conducted as part of a related licensed professional medical or
pharmaceutical practice, caregiver activity shall not be advertised as a “clinic,”
“hospital,” “dispensary,” or other name customarily ascribed to a multi-patient
professional practice.
Sec. 34-108. Primary caregiver operations.
The following additional standards shall apply to all primary caregiver operations:
(1) Shall not be operated from a business which sells alcoholic beverages.
(2) The establishment shall be designed, operated, and maintained at all times
consistent with responsible business practices and so that no excessive demands shall be
placed upon public safety services, nor any excessive risk of harm to the public health,
safety, or sanitation, interference with vehicular or pedestrian traffic or parking, or the
continuance or maintenance of any unlawful conduct, public nuisance, or disorderly
conduct either within the establishment or on or about the adjacent businesses and public
streets, alleys, parks, parking facilities, or other areas open to the public. The
establishment shall make reasonable effort to report to authorities any unlawful conduct
that is observed from the premises.
(3) No drive-through facilities shall be permitted.
(4) All transfers and deliveries of medical marihuana to qualifying patients
must occur within the structure out of public view.
(5) The consumption of medical marihuana on the premises is prohibited.
Sec. 34-109. Medical Marihuana Home Cultivation Operation.
In addition to the requirements of home occupations outlined in the City’s zoning
ordinance, patients who chose to cultivate their own medical marijuana at home shall be subject
to the following requirements:
(1) All use of marijuana on the premises shall comply with the Act at all
times.
(2) All medical marijuana shall be contained within an enclosed, locked
facility inside a primary or accessory building.
(3) All necessary building, electrical, plumbing and mechanical permits shall
be obtained for any portion of the building in which electrical wiring, lighting, storage
and/or watering devices that support the cultivation, growing or harvesting of marihuana
are located.
(4) The City Clerk shall coordinate electrical, fire, mechanical, plumbing
inspectors (and any other inspector(s) deemed necessary under the circumstances) with
regard to site of such cultivation for the purpose of determining whether all lights,
plumbing, equipment, and all other means used to facilitate the cultivation of marihuana
plants is in accordance with all applicable codes.
(5) If a room with windows is utilized as a growing location, any lighting
methods that exceed usual residential levels between the hours of 11 pm and 7am shall
employ shielding methods, without alteration to the exterior of the residence, to prevent
ambient light spillage that may create a distraction for adjacent residential properties or
vehicles on adjacent right of ways.
Sec. 34-110. Use of land in accordance with approved application.
(1) If approved, all use of property shall be in accordance with an approved
license application, including all information and specifications submitted by the
applicant in reliance on which the application shall be deemed to have been approved.
(2) Any facility that exists on the effective date of this ordinance shall cease
operations and may make application for and receive approval to continue to operate.
Sec. 34-111. No Vested Rights
A property owner shall not have vested rights or nonconforming use rights that would
serve as a basis for failing to comply with this ordinance or any amendment of this ordinance.
Sec. 34-112. Effect of license; suspension; penalties; daily violation.
(1) A license is valid only for the location identified on the license and cannot
be transferred to another location within the city without a new application.
(2) A license does not prohibit prosecution by the federal government of its
laws or prosecution by state authorities for violations of the Act or other violations not
protected by the Act.
(3) Compliance with city ordinances and state statutes is a condition of
maintenance of a license and a license may be suspended for cause pursuant to the
provisions of this chapter.
(4) Suspension of a license is not an exclusive remedy and nothing contained
herein is intended to limit the city’s ability to prosecute code violations that may have
been the cause of the suspension or any other code violations not protected by the Act.
(5) Each day that a person shall conduct a primary caregiver operation or
Medical Marihuana Home Cultivation Operation without a license or allow, operate, or
assist in said operation shall constitute a separate offense.
(6) A violation of any section of this article is a misdemeanor.
Sec. 34-113. Non-renewal revocation.
The City Clerk may choose to not renew or to revoke a license based on any of the
following:
(1) A failure to meet the conditions or maintain compliance with the standards
established by this division in reference to applications for a new license or the renewal
of an existing license; or
(2) One or more violations of any city ordinance, state or federal law or
regulation, on the premises; or
(3) Maintenance of a nuisance on the premises; or
(4) A demonstrated history of excessive calls for public safety.
(5) Nonpayment of real and/or personal property taxes, fines, fees or liens
owed to the City; or
(6) Failure to comply with any City adopted building or fire codes.
Sec. 34-114. Appeals Process
If an applicant or licensee chooses to appeal denial of a license or revocation of a license,
the applicant or licensee can enter in a written appeal to the City Clerk’s office using a city
generated form including the appellants signature, the requirement or decision from which the
appeal is made, and shall state the specific grounds on which the appeal is based. Appeals shall
be filed within 30 days of the decision in question. City Commission shall consider the appeal
within 30 days of the receipt of the appeal.
Sec. 34-115. Severability
If any clause, sentence, section, paragraph, or part of this ordinance, or the application
thereof to any person, firm, corporation, legal entity, or circumstances, shall be for any reason
adjudged by a court of competent jurisdiction to be unconstitutional or invalid, such judgment
shall not effect, impair, or invalidate the remainder of this ordinance and the application of such
provision to other persons, firms, corporation, legal entities, or circumstances by such shall be
confined in its operation to the clause, sentence, section, paragraph, or part of this ordinance
thereof directly involved in the case or controversy in which such judgment shall have been
rendered and to the person, firm, corporation, legal entity, or circumstances then and there
involved. It is hereby declared to the legislative intent of this body that the ordinance would
have been adopted had such invalid or unconstitutional provisions have not been included in this
ordinance.
Sec. 34-116. Prohibition against “provisioning centers” and “safety compliance
facilities”
It is unlawful for any individual or commercial entity to acquire, possess, manufacture,
deliver, transfer or transport, sell, supply, or provide marijuana – whether medical or otherwise –
to any individual or group of individuals, whether or not such person(s) has/have not become
registered as qualifying patient(s) or registered primary caregiver(s) pursuant to the Michigan
Medical Marihuana Act, MCL 333.26421, et seq. (the “Act”), unless explicitly permitted by the
Act or explicitly permitted by this ordinance. “Provisioning Centers” and “Safety Compliance
Facility” contemplated by the House Bill 4271 of 2014, are prohibited.
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