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CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 22, 2019 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
□ INTRODUCTIONS/PRESENTATION:
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Adopt a Resolution Approving the Liquor License Application for Rake
Beer Project, LLC City Clerk
C. Citizen’s Police Review Board By-laws Amendment City Clerk
D. 2019 Dozer Rental for Beach Leveling Department of Public Works
E. Administrative Vehicle Replacement Department of Public
Works/Equipment
F. SP 91820 Pere Marquette Park Recreational Improvements Department
of Public Works
G. Management Agreement Between City of Muskegon and Parkland
Acquisition Two, LLC City Manager
H. LC Walker Arena – HVAC Upgrades City Manager
□ PUBLIC HEARINGS:
A. Request to Establish an Obsolete Property District – 285 West Western
Avenue Planning & Economic Development
B. Request to Issue an Obsolete Property Certificate – Parkland Muskegon,
Inc – 285 West Western Avenue Planning & Economic Development
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□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Convention Center Construction Management Services – Preconstruction
Agreement City Manager
B. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish Public Safety
157 Allen Avenue
1934 Hudson Street
1505 Sixth Street
1853 Sanford Street
2555 Morton Avenue
C. Amendment to the Medical Marihuana Facilities Licensing Overlay District
Planning & Economic Development
□ 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 MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1-22 TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Page 2 of 2
Memorandum
To: Mayor and Commissioners
From: Frank Peterson
Re: City Commission Meeting
Date: January 16, 2019
Here is a quick outline of the items on our agenda:
1. Under the Consent Agenda, we are asking the Commission to consider the following:
a. Approval of meeting minutes from the most-recent City Commission meeting.
b. Approval of a Resolution authorizing a liquor license for Rake Beer Project.
c. Approval of an amendment to the Citizen’s Police Review Board’s By-Laws. This
was discussed at the most-recent Community Relations Committee meeting.
d. Authorization for annual dozer rent for beach leveling at Pere Marquette Park
Beach.
e. Authorization to purchase two Chevrolet Impalas to replace the two oldest
administrative vehicles in the police department.
f. Authorization to award the contract for Pere Marquette Park Improvements to
Tridonn Construction Company. We are recommending that alternates 1, 3, and
4 also be awarded at this time.
g. Approval of the management agreement with Parkland Properties to operate and
manage the convention center. This agreement was crafted over the past six
months to ensure that the convention center is operated in a manner that meets
the expectations of the City of Muskegon and Muskegon County.
h. Authorization to accept the proposal from Hurst Mechanical to complete the
HVAC overhaul at the LC Walker Arena. The proposal is $697,894.
2. Under Public Hearings we will accept comments on the following:
a. A request to establish an Obsolete Property District at 285 West Western Avenue.
This will allow for commercial development on the first two floors of the Highpoint
Flats Building.
b. A request to issue an Obsolete Property Certificate at 285 West Western to facility
commercial rehabilitation of the building’s first two floors.
3. Under the New Business, we are asking the Commission to consider the following:
a. We are seeking authorization to award a contract for pre-construction services to
Clark Construction Company for the development of the Muskegon Convention
Center. The final contract is being reviewed by the City’s legal department and
will be available to Commissioners by close of business Friday.
b. We are seeking concurrence with the Housing Board of Appeals Notice and Order
to demolition structures on five sites.
c. We are seeking Commission concurrence with the Planning Commission’s decision
to deny a request to amend the Medical Marihuana Overlay District.
Let me know if you have any questions/comments/concerns
Date: January 16, 2019
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the January 7, 2019
Worksession and January 8, 2019.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
Monday, January 7, 2019
5:30 p.m.
City Commission Chambers
MINUTES
2019-01
Present: Mayor Gawron, Vice-Mayor Hood, Commissioners Turnquist, German, Johnson,
Warren, Rinsema-Sybenga, and German
2019 Event Discussion
Discussion took place of a celebration for the City’s 150th Anniversary. Commissioners gave
approval for the City Clerk to sign letters of intent with three bands who have indicated they are
available while continuing to book more for a three day celebration.
Mercy Health Outreach/Community Update
A powerpoint of the updated Mercy/Health campus was presented to Commissioners.
Commissioners asked for updates on the Hackley campus as well as the General Hospital
campus. The General Hospital campus has just been listed for sale. Studies are being
conducted on the Hackley campus and what is best use for this site.
Presentation on the Needs of the Marina
A powerpoint presentation was given on a study of the needs of the marina.
Lakeside District Association - Utility Relocation
The cost to relocate the poles is $1 million. The lines cannot be buried, they can only be
relocated. Staff made the recommendation to continue with the project as originally proposed
and keep the utility poles and focus on streetscaping. Property owners may choose to have the
poles relocated under a special assessment paid by the property owners.
Muskegon & Webster Pavement Marking
The City Engineer gave an overview of the downtown parking by eliminating turn lanes. The
cost is approximately $20,000 to re-stripe the roads.
Streetlights on 1st Street - Western to Clay
We are adding two lights on 1st Street from Western to Clay.
2019 User Fee Update
Beth Lewis, Finance Director, reviewed the proposed changes to the fee schedule with the City
Commission.
This item will be on the January 8, 2018 Commission Meeting for consideration by the City
Commission.
Any Other Business – None
Adjournment: The Worksession meeting adjourned at 8:35 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 8, 2019 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
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, January 8, 2019. Pastor
Tim Cross, Living Word Church, opened the meeting with prayer, after which the
Commission and public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Vice Mayor Eric Hood, Commissioners Ken Johnson, Byron Turnquist,
Debra Warren, Willie German, Jr., and Dan Rinsema-Sybenga, City Manager
Frank Peterson, City Attorney John Schrier, and City Clerk Ann Meisch.
Absent: Mayor Stephen J. Gawron
2019-02 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve minutes of the December 11, 2018 Regular
Meeting and the December 18, 2018 Special Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
C. Approval of Building Contract for 1639 5th Street Community &
Neighborhood Services
SUMMARY OF REQUEST: To award the Building Contract for the rehabilitation
and lead abatement of 1639 5th Street to Midwest Builders for the City of
Muskegon’s Homebuyers Program through CNS.
CNS received three bids, the const estimate from our spec writer was $89,050.
FINANCIAL IMPACT: The funding for this project has been secured with 2018
HOME funds.
STAFF RECOMMENDATION: To award Midwest Builders the rehabilitation and
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lead abatement contract for 1639 5th Street; in the amount of $91,720.00, for the
Community and Neighborhood Services Office.
STAFF RECOMMENDATION: To award Midwest Builders the rehabilitation and
lead abatement contract for 1639 5th Street; in the amount of $91,720.00 for the
Community and Neighborhood Services Office.
E. Vacation of Alley Between Nelson St. and Harbour Towne Circle North of
Rodgers Ave. Planning & Economic Development
SUMMARY OF REQUEST: This alley was vacated on September 27, 1994.
However, it was never recorded with the Register of Deeds. Alley vacations must
be recorded within 30 days of the resolution passing. The owner of the new
house being constructed at 1360 Nelson Street is having trouble getting home
insurance because of this error. There is no alley in the area anymore and the
lots on Nelson Street now abuts Harbour Towne.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends vacation of the alley.
COMMITTEE RECOMMENDATION: The Planning Commission unanimously
recommended in favor to vacate the alley at their December 13, 2018 Meeting.
F. Remembrance Drive Resolution Engineering
SUMMARY OF REQUEST: Approve the resolution authorizing Remembrance Drive
to be added into the City of Muskegon Act 51 Street network as a major street
and authorize the Mayor and City Clerk to sign the Resolution.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the resolution and authorize the Mayor
and City Clerk to sign.
G. 2019 User Fee Update Finance
SUMMARY OF REQUEST: City departments have reviewed and updated their
user fees and these have been incorporated into the Master Fee Resolution for
your consideration.
The new fees and fee changes that are being proposed are highlighted and
significant changes include the following:
• CNS has added some program fees;
• Large boat basin fees have been adjusted;
• Lowered picnic shelter rental fees;
• Cemetery fees have been adjusted;
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• Rental registration and re-inspection fees have been adjusted.
FINANCIAL IMPACT: Revenue generated for fee supported activities.
BUDGET ACTION REQUIRED: None at this time. Adoption of the Master Fee
Resolution will help the city attain its budget revenue estimates.
STAFF RECOMMENDATION: Approval of the Master Fee Resolution.
H. Community Relations Committee Appointment Recommendations City
Clerk
SUMMARY OF REQUEST: To accept reappointments, appointments, and
resignations for various community relations committees, boards, authorities, and
commissions, as follows:
• Board of Review – Reappoint: Jane Clingman-Scott (Citizen), Bryon
Mazade (Citizen), and Ralph Burr (Citizen)
• Citizen Police Review Board – Reappoint: Teresa Emory
(Neighborhood Association Rep.), Ann Craig (Neighborhood
Association Rep.), and William Muhammad (Member of Minority
Based Org.) Appoint: Robert Roundtree (Citizen At Large) and Faye
Redmond (Citizen At Large)
• Civil Service – Appoint: Larry Spataro (Citizen)
• CDBG/CDC – Reappoint: Eleanor Canter (Citizen At Large) and
Veania Coleman (Citizen At Large)
• Construction Code Board of Appeals – Reappoint: Lane Bensten
(Mechanical), Wade VandenBosch (Constructions Manager), and
Michael Eslick (Public Health)
• Downtown Development Authority – Reappoint: Jay Wallace
(Interest in District) and Martha Bottomley (Citizen) Appoint: Doug
Pollock (Citizen), Brad Hastings (Interest in District), and Francena
DePung (Interest in the District)
• Election Commission – Reappoint: Wanda Matsey (Citizen)
• Equal Opportunity Committee – Reappoint: Betty Cheeks (Citizen At
Large) and Charlotte Johnson (Citizen At Large) Appoint: Destinee
Keener (Citizen at Large)
• Historic District Commission – Reappoint: Andrea Riegler (Registered
Architect) and Karen Panozzo (Resides or Has Interest in Historic
District) Accept Resignation: Susan Kroes (Resides or Has Interest in
Historic District
• Housing Code Board of Appeals – Reappoint: Ed Simmons (Citizen)
and Greg Borgman (Citizen)
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• Housing Commission – Reappoint: Oneata Bailey (Citizen)
• Income Tax Board of Review – Appoint: Michael Haueisen
(Resident)
• Local Development Finance Authority – Reappoint: Faye Redmond
(Citizen)
• Local Officers Compensation Commission – Reappoint: Greg
Borgman (Citizen) Appoint: Samara McIntosh (Citizen)
• Zoning Board of Appeals – Reappoint: Steve Warmington Sr.
(Resident)
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the recommendations of the
Community Relations Committee and approve the reappointments and
appointments.
Motion by Commissioner Warren, second by Commissioner German, to approve
the consent agenda as presented, except items B and D.
ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Turnquist, and
Johnson
Nays: None
MOTION PASSES
2019-03 ITEMS REMOVED FROM CONSENT:
B. Tank Farm Site, Lakeside District and Development Proposal Resolution
City Manager
SUMMARY OF REQUEST: To adopt a resolution to proceed work with the
development interest, the Michigan Department of Environmental Quality, the
Great Lakes Commission, the USEPA, the National Oceanic and Atmospheric
Administration, members of our Congressional Delegation and other, including
responsible parties, to see that this property is cleaned of contamination and
restored such that the proposed development can proceed in keeping with the
goals and priorities of the City of Muskegon and, further, that copies of this
resolution be submitted to the aforementioned parties along with a request that
the contamination from this site be removed and addressed.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Adopt the resolution.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
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to adopt the resolution.
ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Turnquist, and
Johnson
Nays: None
MOTION PASSES
D. Request to Distribute Proposed Master Plan Amendments to Neighboring
Communities for Review Planning & Economic Development
SUMMARY OF REQUEST: The Planning Commission has requested to amend the
Master Land Use Plan by including the Imagine Muskegon Lake plan as part of
the plan and to modify the Future Land Use map in the 2008 Downtown &
Lakeshore Redevelopment Plan. The Planning & Enabling Act allows cities to
amend their Master Plan as long as neighboring jurisdictions are given a 63 day
notice. After 63 days, a public hearing must be held to approve the proposed
amendments.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the request to distribute the plan.
COMMITTEE RECOMMENDATION: The Planning Commission unanimously
approved to distribute the plan at their December 13, 2018 Meeting.
Motion by Commissioner Johnson, second by Commissioner Warren, to approve
the request to distribute the plan.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson, and
Hood
Nays: None
MOTION PASSES
2019-04 NEW BUSINESS:
A. Transmittal of 6/30/18 Comprehensive Annual Financial Report Finance
SUMMARY OF REQUEST: The City’s June 30, 2018 Comprehensive Annual
Financial Report (CAFR) will be distributed to the City Commissioners via email
and hard copy. The CAFR will also be available on the City’s website. The CAFR
includes the annual independent auditor’s report as required by state law. The
CAFR has been prepared in accordance with all current Governmental
Accounting Standards Board (GASB) pronouncements and also includes the
single audit of federal grants received by the City.
FINANCIAL IMPACT: The CAFR report summarizes the City’s financial
activities for the year and includes the independent auditor’s unmodified
opinion on the City’s financial statement.
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BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Acceptance of the June 30, 2018 CAFR and
authorization for staff to transmit the CAFR to appropriate federal, state and
private agencies.
Motion by Commissioner Warren, second by Commissioner German, to accept
the June 30, 2018 CAFR and authorize staff to transmit the CAFR to appropriate
federal, state and private agencies.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Hood, and
Warren
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public Comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 6:17 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
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Date: January 16, 2019
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Adopt a Resolution Approving the Liquor License
Application Rake Beer Project, LLC
SUMMARY OF REQUEST: To adopt a resolution approving the request for a
Liquor License for Rake Beer Project, LLC to be issued a Micro Brewer’s
License and Small Winer Maker’s License.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adopt a resolution approving the request.
Date: January 16, 2019
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Citizen’s Police Review Board By-laws Amendment
SUMMARY OF REQUEST: To amend the Citizen Police Review Board
bylaws and have the Minority Based Organizations state:
The following organizations shall qualify as Minority Based Organizations
pursuant to Section II A (1) of the Citizens Police Review Board Policy:
1. Muskegon Urban League (inactive/no longer exists)
2. NAACP – Muskegon Chapter
3. Latinos Working for the Future (inactive/no longer exists)
4. Hispanic Community Services Coalition
5. Nation of Islam
6. Ad Hoc Committee for Equality and Justice (inactive/no longer exists)
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To amend the Citizen Police Review Board
bylaws as stated.
APPENDIX C
Citizen’s Police Review Board
I. Purposes:
A. To provide policies and procedures for processing and investigating
citizen complaints regarding alleged police misconduct.
B. To provide civilian review of the investigations of alleged police
misconduct undertaken by the City of Muskegon including investigations
conducted by the “Internal Investigation Unit” of the Muskegon Police
Department
C. To ensure the integrity of investigations of police misconduct and to
thereby enhance community confidence in the Muskegon Police
Department
D. To encourage compliance with rules and regulations concerning police
officers’ conduct during interactions with citizens.
E. To encourage people who believe they have been mistreated by police
officers to use the Internal Affairs system to have that officer’s conduct
reviewed.
F. To create a process that fairly and evenhandedly evaluates and judges
the conduct of everyone involved to determine whether or not a breach of
departmental rules and regulations has occurred.
G. To afford the community a sense of confidence that the community itself is
involved as necessary in reviewing the activities of its police officers; and
to maintain high morale and good disciplinary practices within the police
department.
II. Organization and Membership:
A. There will be nine members appointed to the CPRB by the City
Commission for two-year terms, except as otherwise provided in this
section. The composition of the CPRB shall be as follows:
1. Three members representing Minority Based Organizations* (a
list will be attached of organizations that will qualify as MBO’s
that will be authorized to submit nominations for membership on
the CPRB).
2. Three members representing Neighborhood Associations of
Muskegon (a list will be attached of the Neighborhood
Associations of Muskegon that will be authorized to submit
nomination for the membership on the CPRB.).
3. One law enforcement professional.
4. Two Citizens at Large. (These individuals shall be appointed
from a list of eligible city resident nominees submitted by any
interested person and organizations including, without limitation,
organizations eligible to submit nominees in other categories. In
making such appointments, the City Commission shall consider
the demographic diversity of the City of Muskegon.
B. Residency Requirement- Qualifications of candidates to the CPRB will be
considered in the following manner as they pertain to residency:
1. Full-time residents of City of Muskegon have the first priority for
all appointments. In the event a position to be filled requires
certain licensure, business connection with the City, or particular
expertise, then the City Commission may, if not otherwise
prevented by law, appoint non-residents.
2. Second priority shall be given to non-residents having
identifiable business interests located in the City. As above, if no
such persons exist to fill positions needing or requiring certain
expertise or licensure, then non-residents who have no such
interest may be considered.
C. Membership Eligibility-Appointment to the CPRB shall be conditioned
upon voluntary submission to and completion of a thorough background
check.
D. Officers- There shall be a Chairperson of the CPRB appointed by its
membership. The chairperson shall preside over all meetings, have a vote
in the proceedings and be authorized to call special meetings.
E. Removal from Office- Any member of the CPRB may be removed or
suspended by the City Commission for malfeasance, failure to attend
meetings (missing three unexcused and/or consecutive meetings in twelve
month period or criteria established by the city Commission for appointees
to all city committees/commissions), upon conviction of a criminal offense
after appointment to the CPRB, or for the inability/failure to otherwise
adequately perform the duties of membership.
F. Conflict of Interest- should a member of the CPRB become the focus of
any criminal proceeding or otherwise have a conflict of interest in any
matter before the PRB such that his or her ability to impartially participate
in the deliberations of the CPRB may be compromised, the CPRB
member shall notify the Chairperson of a potential conflict of interest and
shall be excused from such deliberations or another participation. Any
potential conflict of interest coming to the attention of the CPRB shall be
resolved by majority vote as required.
G. Meetings and Working Sessions- the CPRB membership shall initially
meet to adopt procedures for the conduct of meetings and the operational
activities of the CPRB. Following the initial meeting, the CPRB shall meet
at least once every month to conduct business at a regular meeting. Such
additional regular or special meetings as may be required may be
scheduled by the Chairperson or the City Manager. All regular and special
meetings of the CPRB shall initially be opened to the public. An
opportunity for public comment will be provided during the public portion of
the meeting. All meetings will go into Executive Session when there is
review and consideration of specific complaints presented to the CPRB. In
addition, the CPRB may at regular or special meetings can go into an
Executive Session by a majority vote of the members appointed to discuss
any matter, provided that no vote is taken in the Executive Session. All
business of the CPRB requiring a vote shall be transacted in a public
meeting.
H. Quorum- A quorum for CPRB meetings shall be five of the members
appointed. A majority vote of those appointed to the CPRB shall be
required to transact the substantive business of the CPRB including the
adoption of reports and recommendations to the City Commission/City
Manager, and the initiation of any investigation, within the scope of the
CPRB review authority.
The CPRB or any committee composed of a lesser number of board
members may conduct such working sessions as are required to prepare
for the transaction of business at regular or special meetings. No business
of the CPRB requiring a vote shall be transacted in a working session.
The chairperson shall preside over all meetings of the Board and shall
have the right to vote on all questions. The chairperson shall ensure that
the activities of the CPRB are conducted in compliance with all applicable
City laws.
III. Jurisdiction and Duties:
A. The CPRB is authorized to review all investigation of alleged police
misconduct performed by the City of Muskegon including those
performed by the Internal Affairs Unit of the Muskegon Police
Department. Review will include evaluation of the thoroughness,
accuracy, credibility and unbiased nature of each investigation.
B. The CPRB shall receive a copy of all complaints of alleged police
misconduct made to the Internal Affairs Unit of the Muskegon Police
Department.
C. The CPRB may also accept complaints of misconduct directly. These
complaints will be referred immediately to the City Manager for
investigation.
D. The City shall maintain a central file of all complaints received.
E. The CPRB may request that supplemental investigations be conducted
by the City of appropriate agencies. Such requests shall be submitted
to the City Manager for consideration.
F. The Chief of Police and the City Manager shall provide timely access
to all relevant city records, documents, and employees, including
employee personnel records and departmental investigation files and
reports. (Criminal intelligence information shall not be provided unless
a particularized need is demonstrated and the written approval of the
City Manager or designee is obtained.
G. The CPRB, through the City Manager, may request the appearance of
any member of the Muskegon Police Department to other city
employees and may question such employees for the purpose of
aiding in the evaluation and investigations of allegations of police
misconduct.
H. All information obtained by the CPRB shall be kept confidential unless
a matter of public record under state law. Such confidentiality shall be
strictly maintained in any matter involving pending or potential criminal
violations.
I. If parallel criminal and administrative investigations are necessary; the
CPRB shall consult with the City Manager and the Chief of Police for
the purpose of coordinating board injuries with the criminal and and
administrative investigation. CPRB shall not request the production of
parallel criminal or administrative investigation in any manner that
would potentially threaten the effectiveness of criminal or
administrative subpoena powers and cannot compel testimony or the
production of documents.
IV. Complaint Procedure:
A. Registration of Complaints- Citizen complaints may be registered
through either the Muskegon Police Department of the CPRB through the
office of the City Manager. The recipient of a complaint will immediately
(within one business day) forward a copy of the complaint to the other
party (MPD or CPRB)
1. Complaints may be lodged in writing, in person or by telephone.
2. A complaint may be lodged on behalf of oneself or on behalf of
another person by any interested person or group; however
should the Complaint reach the point of being appealed before
the CPRB, the CPRB will only hear from direct witnesses to the
incident in question
3. No complaint will be deemed to have been filled with the CPRB
unless and until it has been reduced to writing and signed by the
complainant in accordance with the following procedure:
a. If the complaint is lodged in person, the person will be provided a
complaint form. The complainant shall be asked to fill out the form
and to sign the form in a space provided. A copy of the completed
form shall be given to the complainant to serve as a record of the
filing of the complaint. Assistance in filling out the complaint form
will be provided as necessary.
b. If the complaint is lodged by mail, the complaint form shall be
completed by the city of police department staff on the basis of
the information contained within the correspondence. A copy of
the completed complaint shall be mailed to the complainant with a
request that the complainant review the complaint form for
accuracy. If accurate, the complainant shall be requested to sign
the complaint form and return it to the city. (if necessary, the
complainant will be instructed to correct the complaint form for
accuracy before it is returned).
c. If the complaint is lodged by telephone, the receiving staff shall
mail a complaint form to the complainant to fill out, sign and
return.
B. Upon receipt of a signed written complaint, the complainant will be
provided with an acknowledgment of receipt which will contain the
process in which the complaint will be handled.
C. Time Limitations for Filing Complaints- All complaints shall be received
within six (6) months after the date of the incident giving rise to the
complaint, except complaints with allege criminal misconduct may be
filed at any time.
D. Internal Affairs unit of the Muskegon Police Department- The Internal
Affairs Unit of the Muskegon Police Department will be responsible for
the initial investigation of all complaints alleging police misconduct by
Muskegon Police Officers. The Internal Affairs unit will investigate and
will prepare a “complaint Investigation Report” which will include
recommendation(s) for disposition. When an investigation is completed
and a finding is made, a “Complaint Disposition Report” will be sent to
the Chief of Police or his designee, to the complainant(s), to the
officer(s) involved, to the City Manager, and to the CPRB. The IAU will
endeavor to complete the investigation within 30 calendar days.
E. Appeal of IAU/MPD Disposition- within ten (10) business days of the
receipt of the Complaint Disposition Report delivered by certified mail
or messenger to the complainant(s) last known address and the police
officer(s), the complainant or the respective police officer(s) may
request in writing a review of this IAU investigation and finding through
the CPRB.
The CPRB shall meet as necessary to consider the matters referred to
it in a timely fashion. The CPRB shall provide for recordation of a
summary of its proceedings. The board shall provide a written rationale
for its findings.
F. Requests for Further Investigations by CPRB- the CPRB may request
that the City conduct of arrange to have conducted, supplemental
investigations. Such requests shall be submitted to the City Manager
for consideration ( for further information see IIIE)
G. Final Appeal Board Decision- The Board shall provide a written final
decision with respect to the allegations made by the complainant. The
final decision of the Board shall be sent to the Mayor (City
Commission), Chief of Police, the complainant(s), the officer(s), and
the City Manager. The final disposition should be provided within 30
calendar days after the IAU determination is appealed.
H. Reports- The CPRB is authorized to issue reports to the Mayor (City
Commission), City Manager and Chief of Police containing findings,
conclusions and recommendations.
The CPRB shall also issue an annual report summarizing its activities
for the previous calendar year. The annual report will review significant
cases and recommendations. The annual report shall be issued to the
City Commission, the City Manager and the Police Chief.
Attachment
Minority Based Organizations
The following organizations shall qualify as Minority Based Organizations pursuant to Section II A (1) of
the Citizens Police Review Board Policy:
1. Muskegon Urban League (inactive/no longer exists)
2. NAACP – Muskegon Chapter
3. Latinos Working for the Future
4. Nation of Islam
5. Ad Hoc Committee for Equality and Justice (inactive/no longer exists)
AGENDA ITEM NO._____________
CITY COMMISSION MEETING ___________________
TO: Honorable Mayor and City Commission
FROM: Department of Public Works
DATE: January 22, 2019
SUBJECT: 2019 Dozer Rental for Beach Leveling
SUMMARY OF REQUEST:
Staff is requesting permission to enter into a rental agreement with Contractors Rental Corp., out
of Grand Rapids, MI for a John Deere 850K WLT Dozer for leveling sand at Pere Marquette
Beach.
FINANCIAL IMPACT:
Estimated cost for the 2019 Dozer rental is $9,800 (which includes $550 for delivery and
pickup).
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Approve request.
COMMITTEE RECOMMENDATION:
City of Muskegon
Memo
To: LeighAnn Mikesell
From: Doug Sayles
Date: 1/14/19
Re: Dozer Rental for Annual Beach Leveling at PM Park
Below are 3 solicited bids for the dozer rental for the Highway Departments’ beach
leveling project, at PM Park for 2019.
Michigan CAT submitted a bid proposal of $10,206 per month plus $1,500 for delivery
and pickup for a total of $11,706.
Southeastern Equipment Co., Inc. submitted a proposal of $8,500 per month plus
$2,500 for delivery and pickup for a total of $11,000.
Contractors Rental Corporation submitted a proposal of $9,250 per month plus $550
for delivery and pickup, for a total of $9,800.
Based on the availability of the dozer, adequate size and the tabulated bids above,
Contractors Rental Corp., is the lowest cost responding bidder to service our needs.
Therefore, DPW Supervisory Staff is requesting permission to rent the John Deere
Dozer from Contractors Rental Corp., for leveling the beach at PM Park, for 2019.
1
Date: 1/22/2019
To: Honorable Mayor and City Commissioners
From: DPW/Equipment
RE: Administrative Vehicle Replacement
SUMMARY OF REQUEST:
Authorize staff to purchase two(2) Chevy Impalas from Berger Chevrolet off of the
Oakland County Contract. This will replace the two oldest administrative vehicles
currently being used. Cost to the City will be $23,078.00 per vehicle.
FINANCIAL IMPACT:
$23,078.00 x two, for a total price of $46,156.00
BUDGET ACTION REQUIRED:
None. This is the amount budgeted.
STAFF RECOMMENDATION:
Authorize staff to purchase two(2) Chevy Impala’s from Berger Chevrolet
O:\CLERK\Common\Word\Agenda Items for Next Meeting\2019\012219\06a_Administrativevehicles2019.doc
Date: January 15, 2019
To: Honorable Mayor and City Commissioners
From: Department of Public Works
RE: SP 91820 Pere Marquette Park Recreational Improvements
SUMMARY OF REQUEST:
To award contract (SP 91820) for park recreational improvements of the Pere
Marquette Park bath house and playground area, along with alternates 1, 3 and 4.
Six contractors submitted bids for this project as follows:
Tridonn Construction Co. ............................................. $466,026.00
Patron Construction Inc. ............................................... $487,808.77
Muskegon Quality Builders Inc. .................................... $498,363.00
JKB Construction Inc. ................................................... $548,725.00
Griffith Builders Inc. ...................................................... $558,337.00
TJM Services ............................................................... $640,073.20
FINANCIAL IMPACT:
$466,026.00
BUDGET ACTION REQUIRED:
None. Initially budgeted for $385,000.00 from the CIP but will be adjusted in the next
budget reforecast.
STAFF RECOMMENDATION:
Award the project to the low bidder, Tridonn Construction, Inc.
City Of Muskegon
Project Description: Pere Marquette Park Rennovation Project Number: SP 91820
Project Engineer: Westshore Consulting (Wade VandenBosch) Bid Opening: 15-Jan-18 Engineers Estimate Tridonn Construction Co. Patron Construction Inc. Muskegon Quality Builders Inc. JKB Construction Inc. Griffith Builders Inc. TJM Services
Line
Item Pay Code Description Units Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total
1 Provide & Install Playground Equipment, Surface & Concrete Subsurface LSUM 1 $ 283,045.52 $ 283,045.52 $ 315,096.00 $ 315,096.00 $ 303,071.00 $ 303,071.00 $ 356,832.00 $ 356,832.00 $ 354,198.00 $ 354,198.00 $ 352,783.00 $ 352,783.00 $ 387,642.00 $ 387,642.00
2 Bathhouse Improvements & Addition LSUM 1 $ 123,837.00 $ 123,837.00 $ 93,368.00 $ 93,368.00 $ 109,500.00 $ 109,500.00 $ 94,510.00 $ 94,510.00 $ 125,334.00 $ 125,334.00 $ 155,292.00 $ 155,292.00 $ 169,695.20 $ 169,695.20
3 Site Grading LSUM 1 $ 1,300.00 $ 1,300.00 $ 20,801.00 $ 20,801.00 $ 38,899.77 $ 38,899.77 $ 2,832.00 $ 2,832.00 $ 24,854.00 $ 24,854.00 $ 3,030.00 $ 3,030.00 $ 22,400.00 $ 22,400.00
4 Sidewalk Improvement LSUM 1 $ 15,336.00 $ 15,336.00 $ 14,300.00 $ 14,300.00 $ 5,340.00 $ 5,340.00 $ 15,682.00 $ 15,682.00 $ 14,011.00 $ 14,011.00 $ 17,030.00 $ 17,030.00 $ 11,200.00 $ 11,200.00
5 Provide & Install Two (2) Benches LSUM 1 $ 1,628.00 $ 1,628.00 $ 1,546.00 $ 1,546.00 $ 1,326.00 $ 1,326.00 $ 1,502.00 $ 1,502.00 $ 3,130.00 $ 3,130.00 $ 1,590.00 $ 1,590.00 $ 3,136.00 $ 3,136.00
6 Bonding LSUM 1 $ 4,250.00 $ 4,250.00 $ 4,266.00 $ 4,266.00 $ 5,569.00 $ 5,569.00 $ 4,800.00 $ 4,800.00 $ 5,300.00 $ 5,300.00 $ 4,780.00 $ 4,780.00 $ 13,000.00 $ 13,000.00
BASE BID Totals: $ 429,396.52 $ 449,377.00 $ 463,705.77 $ 476,158.00 $ 526,827.00 $ 534,505.00 $ 607,073.20
As-Read Same Same Same Same Same Same
A-1 Alternate #1 - Replacement of Existing Plumbing Fixtures LSUM 1 $ - $ 7,755.00 $ 7,755.00 $ 11,099.00 $ 11,099.00 $ 10,875.00 $ 10,875.00 $ 16,000.00 $ 16,000.00 $ 9,153.00 $ 9,153.00 $ 9,900.00 $ 9,900.00
A-2 Alternate #2 - Metal Roof in Lieu of Shingled Roof LSUM 1 $ - $ 25,630.00 $ 25,630.00 $ 28,776.00 $ 28,776.00 $ 11,200.00 $ 11,200.00 $ 28,000.00 $ 28,000.00 $ 13,990.00 $ 13,990.00 $ 3,800.00 $ 3,800.00
A-3 Alternate #3 - Replacment of Existing Lighting Fixtures (w/LED) LSUM 1 $ - $ 5,407.00 $ 5,407.00 $ 8,526.00 $ 8,526.00 $ 5,500.00 $ 5,500.00 $ 5,898.00 $ 5,898.00 $ 5,554.00 $ 5,554.00 $ 6,600.00 $ 6,600.00
A-4 Alternate #4 - Repainting of Existing Interior/Exterior Surfaces LSUM 1 $ - $ 3,487.00 $ 3,487.00 $ 4,478.00 $ 4,478.00 $ 5,830.00 $ 5,830.00 NO BID $ - $ 9,125.00 $ 9,125.00 $ 16,500.00 $ 16,500.00
BASE BID + ALTERNATES Totals: $ - $ 491,656.00 $ 516,584.77 $ 509,563.00 $ 576,725.00 $ 572,327.00 $ 643,873.20
BASE BID + ALTERNATES 1, 3, 4 Totals: $ 466,026.00 $ 487,808.77 $ 498,363.00 $ 548,725.00 $ 558,337.00 $ 640,073.20
Page 1 of 1
AGENDA ITEM NO. _______________
CITY COMMISSION MEETING __________________________
TO: Honorable Mayor and City Commissioners
FROM: Frank Peterson, City Manager
DATE: January 16, 2019
RE: Convention Center Management Agreement
SUMMARY OF REQUEST:
City staff is requesting approval of the attached management with Parkland Acquisitions Two.
Parkland will be operating the convention center on behalf of the City of Muskegon.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the agreement and authorize the Mayor and Clerk to sign.
COMMITTEE RECOMMENDATION:
None.
AGENDA ITEM NO. _______________
CITY COMMISSION MEETING __________________________
TO: Honorable Mayor and City Commissioners
FROM: Frank Peterson, City Manager
DATE: January 16, 2019
RE: LC Walker Arena – HVAC Upgrades
SUMMARY OF REQUEST:
City staff is requesting approval of the attached proposal to undertake significant upgrades to the
HVAC system at the LC walker Arena. The Arena’s current steam boiler system is original to the
building and is both inefficient and unreliable. The upgrade will result in significant utility savings
annually. This improvement will be combined with recently-approved improvements to the roof and
dehumidification system and staff will be presenting Commissioners with financing options at the
February Work Session. The DDA has indicated initial support of $215,000 annually to assisting with
the annual debt payment associated with these improvements.
FINANCIAL IMPACT:
$697,894
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To authorize the City Manager to accept the proposal from Hurst Mechanical.
COMMITTEE RECOMMENDATION:
None.
Commission Meeting Date: January 22, 2019
Date: January 24, 2019
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Public Hearing - Request to Establish an Obsolete Property District
– 285 W Western Ave
SUMMARY OF REQUEST:
Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Parkland Muskegon, Inc, has
requested the establishment of an Obsolete Property District for their property at 285 W
Western Ave. The establishment of the Obsolete Property District would allow them to apply
for an Obsolete Property Rehabilitation Exemption Certificate.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the creation of the district.
COMMITTEE RECOMMENDATION:
None
1
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO. 2019-07(A)
A resolution establishing an Obsolete Property Rehabilitation District.
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
A. The City of Muskegon has been designated as a qualified local government unit for the purpose
of establishing Obsolete Property Rehabilitation Districts and approving Applications for Obsolete
Property Rehabilitation Exemption Certificates.
B. The area located in the land described in this resolution is known to the City Commission and is
clearly characterized by the presence of obsolete commercial property, and the land and
improvements are obsolete commercial property.
C. Notice has been given by certified mail to the owners of all real property within the proposed
Obsolete Property Rehabilitation District and a hearing has been held offering an opportunity to all
owners and any other resident or taxpayer of the City to appear and be heard. Said notice was
given at least ten (10) days before the hearing.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
1. That the property described in this resolution and proposed as an Obsolete Property
Rehabilitation District is characterized by obsolete commercial property.
2. That the obsolete commercial property, the subject of this resolution, as is described in
Attachment A.
3. That the City Commission hereby establishes an Obsolete Property Rehabilitation District on the
lands and parcels set forth in the attached description.
This resolution passed.
Ayes Warren, German, Rinsema-Sybenga, Turnquist, Johnson, and Gawron
Nays None
CITY OF MUSKEGON
BY: __________________________________
Stephen J. Gawron
Mayor
ATTEST: __________________________________
Ann Meisch
Clerk
2
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on January 22, 2019. 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 Meisch, City Clerk
3
ATTACHMENT A: PROPERTY DESCRIPTION
CITY OF MUSKEGON DOWNTOWN MUSKEGON DEVELOPMENT CENTER NO 2 UNIT 1 SBJT
TO ESMNT FOR OVERHEAD/UNDERGROUND ELECTRIC LNS RECOR'D 3724/701 10-31-08
3794/882 ASSIGNMENT TO CITY OF MUSKEGON OF ALL INTERESTS & ASSUMPTION OF
OBLIGATIONS OF THE FIRST ST RECIPROCAL ESMNT RECOR'D 1958/602
4
Commission Meeting Date: January 15, 2019
Date: January 15, 2019
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Public Hearing - Request to issue an Obsolete Property
Certificate –Parkland Muskegon, Inc – 285 W Western Ave
SUMMARY OF REQUEST:
Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Parkland Muskegon, Inc.
has requested the issuance of an Obsolete Property Certificate for their property located at
285 W Western Ave. Total capital investment for this project is estimated to be $508,450
and tenants will include a market and a credit union. The investment amount qualifies the
applicant for a 12-year abatement.
FINANCIAL IMPACT:
If an Obsolete Property Certificate were issued, the property taxes would be frozen at the
pre-rehabilitated rate for the duration of the certificate.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the Obsolete Property Rehabilitation Exemption Certificate
COMMITTEE RECOMMENDATION:
None
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO. 2019-07(B)
A resolution approving the application for an Obsolete Property Rehabilitation Exemption Certificate by
Parkland Muskegon, Inc.
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
A. The City Commission has received an Application for an Obsolete Property Rehabilitation Exemption
Certificate from Parkland Muskegon, Inc, to apply to the improvements located in an Obsolete
Property Rehabilitation District established by previous resolution. All items described under
“Instructions” (a) through (f) of the application for Obsolete Property Rehabilitation Exemption
Certificate have been provided to the City of Muskegon, the Qualified Local Government Unit,
by the applicant.
B. The City of Muskegon is a qualified local governmental unit as determined by STC Bulletin No. 9 of
2000, dated July 12, 2000.
C. An Obsolete Property Rehabilitation District in which the application property is located was
established after a hearing on January 22, 2019.
D. The taxable value of the property proposed to be exempt, plus the aggregate taxable value of
properties already exempted under PA 146 of 2000 and under PA 198 of 1974, does not exceed five
percent (5%) of the total taxable value of the City of Muskegon.
E. In the event it is determined that the said taxable values do exceed five percent (5%), the City
Commission determines further that the said excedence will not have the effect of substantially
impeding the operation of the City of Muskegon or impairing the financial soundness of any affected
taxing units.
F. This resolution of approval is considered by the City Commission on January 22, 2019, after a public
hearing as provided in Section 4(2) of PA 146 of 2000. The hearing was held on this date.
G. The applicant, Parkland Muskegon, Inc is not delinquent any taxes related to the facility.
H. The exemption to be granted by this resolution is for twelve (12) years and no extensions will be
granted.
I. The City Commission finds that the property for which the Obsolete Property Rehabilitation
Exemption Certificate is sought is obsolete property within the meaning of Section 2(h) of Public Act
146 of 2000 in that the property, which is commercial, is functionally obsolete. The City has received
from the applicant all the items required by Section 9 of the application form, being the general
description of the obsolete facility, a general description of the proposed use, a description of the
general nature and extent of the rehabilitation to be undertaken, a descriptive list of fixed building
equipment that will be part of the rehabilitated facility, a time schedule for undertaking and complete
the rehabilitation, and statement of the economic advantages expected from the exemption.
J. Commencement of the rehabilitation has not occurred before the establishment of the district.
K. The application relates to a rehabilitation program that when completed will constitute a rehabilitated
within the meaning of PA 146 of 2000 and will be situated within the Obsolete Property Rehabilitation
District established by the City under PA 146 of 2000.
L. Completion of the rehabilitated facility is calculated to and will, at the time of the issuance of the
Certificate, have the reasonable likelihood to increase commercial activity and create employment; it
will revitalize an urban area. The rehabilitation will include improvements aggregating more than ten
percent (10%) of the true cash value of the property at the commencement of the rehabilitation.
M. The City Commission determines that the applicant shall have twenty-four (24) months to complete
the rehabilitation. It shall be completed by January 22, 2021, or two years after the Certificate is
issued, whichever occurs later.
N. That notice pursuant to statute has been timely given to the applicant, the assessor for the City of
Muskegon, representatives of the affected taxing units and the general public.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
1. Based upon the statements set forth in, and incorporating the recitals to this resolution, the City
Commission hereby approves the application filed by Parkland Muskegon, Inc, for an Obsolete
Property Rehabilitation Exemption Certificate, to be effective for a period of twelve (12) years and no
extensions will be granted;
2. BE IT FURTHER RESOLVED, that this resolution of approval relates to the property set forth in
Attachment A, the legal description containing the facilities to be improved;
3. BE IT FURTHER RESOLVED, that, as further condition of this approval, the applicant shall comply
with the representations and conditions set forth in the recitals above and in the application material
submitted to the City.
This resolution passed.
Ayes: Warren, German, Rinsema-Sybenga, Turnquist, and Gawron
Nays: Johnson
CITY OF MUSKEGON
BY: __________________________________
Stephen J. Gawron
Mayor
ATTEST: __________________________________
Ann Meisch
Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission held on January 22, 2019. 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 Meisch, City Clerk
ATTACHMENT A: PROPERTY DESCRIPTION
CITY OF MUSKEGON DOWNTOWN MUSKEGON DEVELOPMENT CENTER NO 2 UNIT 1 SBJT TO
ESMNT FOR OVERHEAD/UNDERGROUND ELECTRIC LNS RECOR'D 3724/701 10-31-08 3794/882
ASSIGNMENT TO CITY OF MUSKEGON OF ALL INTERESTS & ASSUMPTION OF OBLIGATIONS
OF THE FIRST ST RECIPROCAL ESMNT RECOR'D 1958/602
AGENDA ITEM NO. _______________
CITY COMMISSION MEETING __________________________
TO: Honorable Mayor and City Commissioners
FROM: Frank Peterson, City Manager
DATE: January 16, 2019
RE: Convention Center Construction Management Services – Preconstruction Agreement
SUMMARY OF REQUEST:
City staff is requesting approval of the attached agreement with Clark Construction Company to assist
in the preconstruction phase of the convention center development. It is important to bring the
preferred construction manager onto the project during the final design phases to help ensure a
quality project that can be completed on time and on budget. Staff anticipates returning to the
Commission in the coming weeks with the contract to award the Construction Management Services
contract to the same contractor.
FINANCIAL IMPACT:
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the agreement and authorize the Mayor and Clerk to sign.
COMMITTEE RECOMMENDATION:
None.
Commission Meeting Date: January 22, 2019
Date: January 16, 2019
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Amendment to the Medical Marihuana Facilities Licensing Overlay
District
SUMMARY OF REQUEST:
The property owner at 185 W Laketon Ave is requesting to amend the Medical Marihuana Licensing
Facilities Act (MMFLA) Overlay District to include their property within the district.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff does not recommend approval of the amendment.
COMMITTEE RECOMMENDATION:
At the January 10 Planning Commission meeting, a motion was made to approve the amendment
as presented. The Planning Commission voted 6-2 against the motion.
PLANNING COMMISSION EXCERPT
STAFF REPORT
January 10, 2019
Hearing, Case 2019-01: Request to amend Section 2330 of the zoning ordinance to include 185
W Laketon Ave into the Medical Marihuana Overlay District, by Renee Smith.
SUMMARY
1. The Medical Marihuana Facilities (MMFLA) Overlay District was approved on May 8,
2018.
2. Please see the MMFLA Overlay District Map on the following page. The property in
discussion is highlighted in yellow.
3. To date, the City has approved 15 MMFLA licenses, most of them for Provisioning Centers
(retail sales). However, none of them have been granted a State license yet.
4. The applicant would like to be included into the district because they are the only
commercial building in the immediate vicinity that was excluded from the district.
5. Initial concerns over the inclusion of this property into the district included the proximity
to residential homes. However, other properties within the district abut homes as well.
6. Please see the enclosed MMFLA Overlay District Ordinance.
185 W Laketon Ave
MMFLA Overlay District Map
(Proposed property at 185 W Laketon outlined in yellow)
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Section 2330 of the zoning ordinance to amend the Medical Marihuana
Facilities Licensing Act Overlay District to include an additional parcel at 185 W Laketon Ave.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
185 W Laketon Ave is now included in the Medical Marihuana Facilities Licensing Act
Overlay District.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
22nd day of January, 2019, at which meeting a quorum was present and remained throughout, and that
the original of said ordinance is on file in the records of the City of Muskegon. I further certify that
the meeting was conducted and public notice was given pursuant to and in full compliance with the
Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2006, and that minutes were kept
and will be or have been made available as required thereby.
DATED: ___________________, 2019. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on January 22, 2019, the City Commission of the City of Muskegon adopted
an ordinance to amend Section 2330 of the zoning ordinance to include 185 W Laketon Ave in the
Medical Marihuana Facilities Licensing Act Overlay District.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office
of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular
business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2019. CITY OF MUSKEGON
By
_________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
8
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