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CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 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:
□ PUBLIC COMMENT ON AGENDA ITEMS:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. SRF & DWRF Project Implementation Public Works
C. Scrap Tire Grant Public Works
D. Mower and Mower Cab Purchases Public Works
E. Community Officer Agreement Public Safety
F. 1208 Eighth Street Brownfield Public Hearing Economic Development
□ PUBLIC HEARINGS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish Public Safety
240 Mason Street
1770 6th Street
B. Application for Marihuana Facility Planning & Economic Development
Page 1 of 2
□ ANY OTHER BUSINESS:
□ PUBLIC COMMENT ON NON-AGENDA ITEMS:
► 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: October 22, 2019
Regular Session:
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 to move forward with the pre-qualified contractors for the SRF and
DWRF projects.
c. Authorization to seek/accept the scrap tire grant.
d. Authorization to purchase two new mowers and one mower cab.
e. Approval of the school resource officer agreement with Muskegon Public Schools.
f. Set the public hearing for the Brownfield Project at 1208 8th Street.
2. New Business
a. Concurrence with the housing board of appeals decision to demolish the
properties at 240 Mason Street and 1770 6th Street.
b. Approval of the Recreation and Adult Use Marihuana Business Application
Let me know if you have any questions/comments/concerns
Frank
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 22, 2019 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the October 7, 2019 Worksession meeting and the
October 8, 2019 Regular Meeting.
Detailed Summary: N/A
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve the minutes.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
Monday, October 7, 2019
5:30 p.m.
City Commission Chambers
933 Terrace Street
Muskegon, MI 49440
MINUTES
Present: Commissioners Turnquist, Warren, Hood, Johnson, German, and Rinsema-Sybenga.
Absent: Mayor Gawron.
Urban Deer Management - Public Works
There have been continuous complaints about landscape damage by white-tailed deer,
(Odocoileus virginianus), and this has led the City of Muskegon to believe the deer populations
in Bluffton and Beachwood neighborhoods are no longer sustainable.
The growing deer herd increases the human risk of deer-tick borne diseases such as lime
disease, damage to the landscaping, and car-deer collisions as well as over-grazing of
vegetation to the critical dune habitats which will lead to dune erosion.
The City Commission is asked to consider deer population management. One option is the use
of a contracted deer shooter through the USDA at a cost of $300 - $500 per deer, the deer
would be processed and donated to an organization.
Tax Incentive Policy - Development Services
Staff is seeking input on a new policy to standardize tax incentives for developments within the
City.
The Tax Incentive Committee was convened at the request of the City Manager to review and
make recommendations on standardizing our tax incentive policies in the City of Muskegon.
With the newly formed Economic Development Department available to research and analyze
potential scoring models and policies, we had the opportunity to bring together staff from
Planning and Finance to lend their input and develop a favorable and competitive set of policies
which are compiled in detail in this report.
Marihuana Social Equity
A draft copy of a Medicinal and Recreational Marihuana Social Equity Programming for City
Commissioners to review.
Suburban Nation Review Chapter 4 - The Physical Creation of Society
LeighAnn Mikesell, Planning Department, gave an overview of Chapter 4 of the Suburban
Nation - The Physical Creation of Society.
Commissioners agreed the topic is important but indicated they wanted stats to be verifiable and
about the City of Muskegon. They want more time spent on the document and presented in the
future.
Adjourned at 8:30 pm.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 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, October 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: Mayor Stephen J. Gawron, Vice Mayor Eric Hood, Commissioners
Byron Turnquist, Ken Johnson, Debra Warren, Dan Rinsema-Sybenga, and Willie
German, Jr., City Manager Frank Peterson, City Attorney John Schrier, and City
Clerk Ann Meisch.
PUBLIC COMMENT ON AGENDA ITEMS: Public comments were received.
2019-80 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the September 24, 2019
Regular Meeting.
STAFF RECOMMENDATION: Approval of the minutes.
C. MDOT Maintenance Agreement Public Works
SUMMARY OF REQUEST: MDOT has requested renewal of the maintenance
contract by which the City provides maintenance for MDOT operated streets
(M-46 / US-31 BR) within the City of Muskegon. The contract is largely unchanged
from previous iterations and carries a 5-year term.
The City will be reimbursed by MDOT for work performed on M-46 and US-31 BR
within the City of Muskegon. Previous contracts have been in place for several
years without major concern. The contract has been reviewed by staff and
counsel and no objections noted.
STAFF RECOMMENDATION: Authorize staff the sign the State Trunkline
Maintenance Contract.
D. Traffic Control Orders Public Works
Page 1 of 4
SUMMARY OF REQUEST: To approve the Traffic Control Orders, #54, #55, #56,
and #57 to authorize staff to remove and install various traffic control devices.
STAFF RECOMMENDATION: To approve removal/installation of various Traffic
Control Devices as outlined in the submitted Traffic Control Orders.
E. McCormick Sand – Change Order #001 Public Works
SUMMARY OF REQUEST: Add ten water service line replacements to contract
(W-91838.2). McCormick Sand will replace ten lead service lines at various
locations within the City of Muskegon.
Our previously approved Pilot Drinking Water Community Supply Grant has
remaining funds that staff would like to use in order to maximize the number of
lead service line replacements in the City. Change Order #001 represents
$48,387.10 worth of refundable grant money to replace 10 extra lead service
lines at various locations throughout the City of Muskegon. McCormick Sand
was the low bidder on the previously approved contract (February 26, 2019)
and has agreed to hold their pricing for the additional locations.
STAFF RECOMMENDATION: Authorize staff to sign Change Order #001 to
contract (W-91838.2) with McCormick Sand in the amount of $48,387.10.
F. Park Storage Land Exchange Development Services
SUMMARY OF REQUEST: Staff is requesting authorization to enter into an
agreement with Catholic Charities West Michigan to exchange a portion of city
owned property at 1713 Seventh Street for property owned by the diocese at
1095 Third Street.
Catholic Charities West Michigan plans to construct a new building at the
southeast corner of Park and W. Dale, near the Muskegon Rescue Mission and
the population this organization serves. In exchange, the city will receive the
property and structure located at the northwest corner of Third and Houston, in
our developing Midtown area.
STAFF RECOMMENDATION: To approve the land exchange agreement with
Catholic Charities West Michigan and authorize the mayor and clerk to sign.
G. Community Relations Committee Recommendations City Clerk
SUMMARY OF REQUEST: To accept the resignation of Ann Funk from the
Lakeside Business Improvement District and Larry Boersma from the Farmer’s
Market Advisory Board and to accept the appointments of Samantha Ferguson
to the CDBG/Citizen’s District Council and Kathy Fearnley to the Lakeside
Business Improvement District.
STAFF RECOMMENDATION: To concur with the recommendations of the
Community Relations Committee and approve the resignations and
appointments.
Page 2 of 4
Motion by Commissioner Warren, second by Commissioner German, to accept
the consent agenda, as presented, minus item B.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
Warren, and German
Nays: None
MOTION PASSES
2019-81 ITEMS REMOVED FROM CONSENT AGENDA:
B. Resolution Authorizing Issuance of 2019 Capital Improvement Note
Finance
SUMMARY OF REQUEST: Resolution authorizing a Capital Improvement Note to
be issued in the aggregate principal sum of not to exceed $3 million dollars for
the purpose of paying the cost of the Scattered Housing Project, including the
cost incidental to the issuance, sale and delivery of the note.
The not will be a single instrument note for $3 million dollars with interest from the
date such installment of principal is delivered to the City until paid at a variable
rate of interest equal to the lesser of (i) the maximum annual rate permitted by
law and (ii) a rate per annum equal to the 30 day LIBOR rate plus 1.25% adjusted
on the first business of each month, first payable on December 1, 2019 and the
first day of each month thereafter. The registered owner of the note will be Fifth
Third Bank.
STAFF RECOMMENDATION: To approve the resolution authorizing a Capital
Improvement Note to be issued not to exceed $3 million dollars for the purpose
of paying the costs of the Scattered Housing Project.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to approve the resolution authorizing a Capital Improvement Note to be issued
not to exceed $3 million dollars for the purpose of paying the costs of the
Scattered Housing Project.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren, German, and
Rinsema-Sybenga
Nays: None
MOTION PASSES
2019-82 UNFINISHED BUSINESS:
A. Recreational Marihuana Regulatory Ordinance – 2nd Reading Planning
SUMMARY OF REQUEST: Staff initiated request to amend the City Code of
Ordinances and adopt a Recreational Marihuana Regulatory Ordinance under
the Michigan Regulation and Taxation of Marihuana Act.
STAFF RECOMMENDATION: To approve the Recreational Marihuana
Page 3 of 4
Regulatory Ordinance as part of the City Code of Ordinances.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
approve the Recreational Marihuana Regulatory Ordinance as part of the City
Code of Ordinances.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, and Rinsema-Sybenga
Nays: German and Turnquist
MOTION PASSES
B. Amendment to the Medical Marihuana Facilities Overlay District to also
allow Recreational Marihuana Facilities – 2nd Reading Planning
SUMMARY OF REQUEST: Staff initiated request to amend Section 2330 of the
zoning ordinance, the Medical Marihuana Facilities Overlay District, to also allow
for Recreational Marihuana facilities under the Michigan Regulation and
Taxation of Marihuana Act.
Staff is proposing to amend the current Medical Marihuana Facilities Overlay
District to also allow for Recreational Marihuana Facilities. The building and site
requirements are essentially the same for recreational and medicinal facilities
and they would be allowed within the same overlay district, as depicted on the
map. The Planning Commission voted 7-1 in favor of recommending approval of
the ordinance.
STAFF RECOMMENDATION: To approve the amendments to Section 2330 of
the Zoning Ordinance to also allow for Recreational Marihuana Facilities.
Motion by Commissioner Johnson, second by Commissioner Warren, to approve
the Recreational Marihuana Regulatory Ordinance as part of the City Code of
Ordinances.
ROLL VOTE: Ayes: Gawron, Hood, Warren, and Johnson
Nays: German, Rinsema-Sybenga, and Turnquist
MOTION PASSES
PUBLIC COMMENT ON NON-AGENDA ITEMS: Public comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 6:37 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
Page 4 of 4
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 10/22/2019 Title: SRF & DWRF Project Implementation
Submitted By: Leo Evans Department: Public Works
Brief Summary: Staff is requesting commission approval to shortlist and begin priced proposal
negotiations with the top three (3) scoring firms to respond to the Request For Qualification to
provide engineering services for future State Revolving Fund and Drinking Water Revolving Fund
Projects. The top three scoring firms are Prein & Newhof, Fleis & VandenBrink and Abonmarche.
Detailed Summary: Staff solicited proposed from interested Engineering firms to provide
assistance for the next five (5) years of SRF and DWRF projects within the City. Staff (Leo Evans,
Dave Baker, and Sanjeev Mungarwadi) scored the proposals and are recommending that the top
three scoring firms be shortlisted for future consideration. Firms on the short list will be contacted
to negotiate priced proposals for specific projects as they are identified and the priced proposals
with engineering service agreements will be returned to the city commission for review and
consideration once finalized by staff.
Amount Requested: $0 Amount Budgeted: $0
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion:
Approve the short list of firms recommended by staff and authorize staff to begin priced proposal
negotiation with the short listed firms on specific projects.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 10/22/2019 Title: MDEGLE – Scrap Tire Grant
Submitted By: Leo Evans Department: Public Works
Brief Summary: Staff is requesting permission to partner with Michigan Technological University on
a Scrap Tire Market Development Grant application through the Michigan Department of
Environment, Great Lakes, and Energy (MDEGLE).
Detailed Summary: Michigan Technological University has approach city staff to partner on a
FY20 grant application to MDEGLE as a part of their Scrap Tire Market Development Program.
Applications are due by November 1st, 2019. The proposed project is for the concrete
reconstruction of portions of Franklin Street and Michigan Avenue in the Nims Neighborhood. Staff
was planning to propose this project as a FY20-21 Capital Improvement project with a total project
cost preliminarily estimated at $1.15M; divided between the following budgets: Major Street
($800K), Sewer ($300K) and Water ($50K). The potential grant amount is estimated at not to
exceed $500K, which would be used to offset a portion of the Major Street contribution.
Amount Requested: None at this time, funding Amount Budgeted:
to be included in 20-21 budget proposal.
Fund(s) or Account(s): 202, 590, 591 Fund(s) or Account(s):
Recommended Motion:
Authorize staff to partner with Michigan Technological University on the Scrap Tire Market
Development Grant Application.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Fiscal Year 2020
SCRAP TIRE MARKET DEVELOPMENT GRANTS
INTRODUCTION AND ELIGIBILITY CRITERIA
Part 169, Scrap Tires, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as
amended (NREPA), Section 16908(2)(d), authorizes the Michigan Department of Environment, Great
Lakes, and Energy (EGLE) to issue reimbursement grants for the following:
• For grants to reimburse the cost of purchase of scrap tires to support the development of increased
markets for scrap tires. Only the cost of purchasing scrap tires from Michigan scrap tire processors
or other generators of scrap tires in Michigan is eligible for reimbursement.
o A “scrap tire” is defined as a tire that is no longer being used for its original intended purpose
including, but not limited to, a used tire, a reusable tire casing, or portions of a tire. (Part 169,
324.16901(1)(w))
o Cost reimbursement grants are available for 50 percent of the cost of purchasing scrap tires.
Reimbursement grants cannot exceed $89.00 per ton.
• Cost reimbursement grants are available for up to 50 percent of the cost of purchasing equipment,
or for research and development, to provide for a new or increased use of scrap tires.
Research and development are broadly defined as any activity associated with creating new
innovations in existing products, services, or procedures or the discovery of new innovations that lead
to the creation new products. For the purposes of the Scrap Tire Market Development Grant Program,
proposals should identify a viable end market(s) and associated partners working towards a common
outcome.
EGLE is now accepting applications for funding scrap tire market development projects from eligible
public and private entities. This packet is provided to satisfy the requirements in Section 16908(3) of
Part 169, which states applications for grants shall be submitted on a form approved by and containing
the information required by EGLE.
_________________________________________________________
Submission of a complete application does not guarantee
that the applicant will receive a Scrap Tire Market Development Grant
(Grant). Award of Grant funding is subject to legislative appropriation.
_________________________________________________________
Page 1 of 3
Michigan Department of Environment, Great Lakes, and Energy – 2020 Scrap Tire Market Development Grants
ELIGIBILITY CRITERIA
Applicants must meet the following criteria to be considered for a Grant:
1. The applicant must submit a complete application EQP5155 (Rev 08/2019) via email (EGLE-
[email protected]) by the application deadline. A complete application is described below
in the section titled “Required Application Components.”
2. The project must demonstrate new or increased uses of scrap tires in manufactured products, such
as modified asphalt, molded or extruded rubber products, or aggregate replacement materials, civil
engineering projects, or be for the research and development of methods to increase the use of
scrap tires.
3. Scrap tires must be purchased from a Michigan processor or other Michigan generator of scrap
tires. Grants are available for up to 50 percent of the cost of purchasing equipment or for new
research and development. The applicant must commit to at least 50 percent of the total project
amount, in cash. In-kind services are not allowed as part of the match, but will be considered
during the application evaluation process.
4. The applicant must submit documentation of the property owner’s permission for the applicant to do
business at that location and a scrap tire collection site registration application, fees, and bond, if
applicable.
5. The applicant must not be in litigation with the state of Michigan or any other public entity
concerning compliance with Part 169 or Part 115, Solid Waste Management, of the NREPA. If an
applicant has been ordered to pay fines and/or penalties for previous violations of Part 169 or
Part 115, all penalties/fines must have been paid in full.
6. Applicants requesting funding for scrap tires or equipment must submit documentation that the
technology to be utilized in the proposed process is beyond the research stage and that a
demonstration has indicated the proposed process is technically feasible for full-scale production.
(Not applicable for applicants requesting funding for research and development.)
7. The project must be located in Michigan.
8. The applicant must be registered to do business in Michigan and provide a Corporate ID# or be a
governmental entity.
9. When needed, grantees must use a Michigan scrap tire processor. A list of Michigan scrap tire
processors is available online:
http://www.michigan.gov/documents/deq/deq-whm-stp-processorlist_240416_7.pdf
If the applicant is a county or other local unit of government, the Michigan-based scrap tire
processor shall be selected through the local unit of government’s competitive bid process to
ensure the most cost-effective use of Grant funds. Prior to issuance of an agreement for Grant
funds, the grantee will need to demonstrate that the selected scrap tire processor(s) meet the
following conditions:
• The processor is authorized to do business in and is located in the State of Michigan. The
processor must possess all the required permits, registrations, and/or licenses required by law.
Page 2 of 3
Michigan Department of Environment, Great Lakes, and Energy – 2020 Scrap Tire Market Development Grants
Out of state haulers/processors may be considered and approved by EGLE on a case by case
basis for tires located in Michigan’s Upper Peninsula (UP), provided the applicant is
unsuccessful in finding a Michigan hauler/processor able to operate in the UP or provide
services in support of the proposed Grant project.
• The processor has agreed with the Grantee to process the tires and transport the processed
tires to the approved end-user.
• The processor has a contract(s) with the scrap tire material user(s) that will receive the
processed tires.
• The processor will use and properly complete the Scrap Tire Transportation Record form
(EQP 5128) when accepting and transporting the scrap tires.
• The processor will notify the Grantee of any changes that would make the processor unable to
meet all conditions or those of the Grant agreement.
Page 3 of 3
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 22, 2019 Title: Mower and Mower Cab purchases
Submitted By: Doug Sayles Department: Public Works
Brief Summary: The Parks Department is requesting approval to purchase (2) Riding Mowers and
(1) Mower Cab.
Detailed Summary: The Parks Department is requesting to purchase (2) Toro Groundsmaster
3280 4WD riding mowers for $42,022.52 ($47,022.52 minus $5,000.00 for used mower trade-ins)
and (1) Cab for $8,433.37, from Spartan Distributors. These new mowers will be replacing some of
the older models which we will be trading in and the Cab purchase is for (1) mower for winter
maintenance duties.
Amount Requested: $42,022.52 & $8,433.37 Amount Budgeted: $ 57,200.00
Fund(s) or Account(s): Parks Budget Fund(s) or Account(s): 101-70751-5720
Equipment Purchases (line item)
Recommended Motion: Authorize staff to purchase (2) Toro riding mowers and (1) Cab for one of
the riding mowers, from Spartan Distributors for $42,022.52 and $8,433.37.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date:10-22-19 Title: 2019-2020 Muskegon High School
Community Officer Agreement
Submitted By: Jeffrey Lewis Department: Public Safety/ Police
Brief Summary: This agreement provides Muskegon High School with a Community Officer during the nine
months school is in session. Muskegon Public Schools agrees to pay the City of Muskegon $2,609.54 each
month, from September 2019 through May 2020, totaling $23,485.82.
Detailed Summary:
Amount Requested: Amount Budgeted: $$23,485.82 Revenue
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: Approve the 2019-2020 school year MHS Community Officer Agreement
Check if the following Departments need to approve the item first:
Police Dept. X
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 10-22-2019 Title:1208 Eighth Street brownfield public
hearing
Submitted By: Dave Alexander Department: Economic Development
Brief Summary: The Brownfield Redevelopment Authority recommended approval of Brownfield
Plan Amendment for 1208 Eighth Street and now the city commission must schedule a public
hearing on that plan for November 12, 2019.
Detailed Summary: Core Development submitted a Brownfield Plan Amendment for 1208 Eighth
Street to the Brownfield Redevelopment Authority, which approved It on Oct. 8, 2019. The city
commission must set a public hearing on the plan for November 12, 2019. A resolution setting the
Nov. 12 public hearing is attached.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the resolution setting a public hearing for November 12, 2019
on the 1208 Eighth Street Brownfield Plan Amendment and notify the appropriate taxing units.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
RESOLUTION NOTIFYING TAXING UNITS
AND CALLING PUBLIC HEARING REGARDING
APPROVAL OF AMENDMENT TO THE BROWNFIELD PLAN OF THE
CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY
CORE DEVELOPMENT LLC
1208 EIGHTH
City of Muskegon
County of Muskegon, Michigan
___________________________________
Minutes of a Regular Meeting of the City Commission of the City of Muskegon,
County of Muskegon, Michigan (the "City"), held in the City offices, on the 22nd day of
October, 2019, at 5:30 p.m., prevailing Eastern Time.
PRESENT:
Members__________________________________________________________
__________________________________________________________________
ABSENT: Members
__________________________________________________________________
The following preamble and resolution were offered by Member
_________________ and supported by Member _________________:
WHEREAS, the City of Muskegon, County of Muskegon, Michigan (the "City") is
authorized by the provisions of Act 381, Public Acts of Michigan, 1996, as amended ("Act
381"), to create a brownfield redevelopment authority; and
WHEREAS, pursuant to Act 381, the City Commission of the City duly established
the City of Muskegon Brownfield Redevelopment Authority (the "Authority"); and
WHEREAS, in accordance with the provisions of Act 381, the Authority has prepared
and approved Brownfield Plan Amendments to include CORE DEVELOPMENT LLC (1208
Eighth) and
WHEREAS, the Authority has forwarded the Brownfield Plan Amendments to the
City Commission requesting its approval of the Brownfield Plan Amendments and
WHEREAS, prior to approval of the Brownfield Plan Amendments, the Muskegon
City Commission desires to hold a public hearing in connection with consideration of the
Brownfield Plan Amendments as required by Act 381; and
WHEREAS, prior to approval of the Brownfield Plan Amendments, the City
Commission is required to provide notice and a reasonable opportunity to the taxing
jurisdictions levying taxes subject to capture, to express their views and recommendations
regarding the Brownfield Plan Amendments.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Commission hereby acknowledges receipt of the Brownfield Plan
Amendments from the Authority and directs the City Clerk to send a copy of the proposed
Brownfield Plan Amendments to the governing body of each taxing jurisdiction in the City,
notifying them of the City Commission's intention to consider approval of the Brownfield Plan
Amendments [after the public hearing described below].
2. A public hearing is hereby called on the 12th of November, 2019 at 5:30 p.m.,
prevailing Eastern Time, in the City Hall Commission Chambers to consider adoption by the
City Commission of a resolution approving the Brownfield Plan Amendments.
3. All resolutions and parts of resolutions insofar as they conflict with the
provisions of this resolution be and the same hereby are rescinded.
AYES: Members
_______________________________________________________________________
_____________________________________________________________
NAYS: Members
__________________________________________________________________
RESOLUTION DECLARED ADOPTED.
_____________________________
Ann Meisch, City Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date:10/22/19 Title: Dangerous Building Case#
EN1901990
Submitted By: Jeffrey Lewis Department: Public Safety / Inspections
Brief Summary: The HBA has found the building located at 240 Mason Street to unsafe,
substandard and a public nuisance. It is requested that the structure is to be destroyed within (30)
thirty 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 or staff may issue infraction tickets to the owner,
agent of responsible party if they do not demolish the structure.
Detailed Summary:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To concur with the Housing Board of Appeals decision to demolish.
Check if the following Departments need to approve the item first:
Police Dept. ☒
Fire Dept. ☐
IT Dept. ☐
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date:10/22/19 Title: Dangerous Building Case#
EN1901526
Submitted By: Jeffrey Lewis Department: Public Safety / Inspections
Brief Summary: The HBA has found the building located at 1770 6th Street to be unsafe,
substandard and a public nuisance. It is requested that the structure is to be destroyed within (30)
thirty 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 or staff may issue infraction tickets to the owner,
agent of responsible party if they do not demolish the structure.
Detailed Summary:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To concur with the Housing Board of Appeals decision to demolish.
Check if the following Departments need to approve the item first:
Police Dept. X
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 22, 2019 Title: Marihuana Facilities Application
Submitted By: Mike Franzak Department: Planning
Brief Summary: Request to review the amended Marihuana Facilities Application
Detailed Summary:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the amended Marihuana Facilities Application.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Application for Marihuana Facilities Licenses in the
City of Muskegon
Application for License Type(s):
☐ MMFLA Grower Class A ☐ MMFLA Safety Compliance Facility ☐ MRTMA Secured Transporter
☐ MMFLA Grower Class B ☐ MRTMA Retailer ☐ MRTMA Safety Compliance Facility
☐ MMFLA Grower Class C ☐ MRTMA Grower Class A ☐ MRTMA Microbusiness
☐ MMFLA Processor ☐ MRTMA Grower Class B ☐ MRTMA Excess Marihuana Grower
☐ MMFLA Provisioning Center ☐ MRTMA Grower Class C ☐ MRTMA Designated Consumption
☐ MMFLA Secured Transporter☐ MRTMA Processor Establishment
Address of proposed licensed facility:
Application fee: $5,000 per license (licenses may be stacked).
Payment method used:
Applicant Information
Applicant Name:
Home Address:
Phone Number:
Have you received preliminary approval from the State of Michigan for an MMFLA License?
Planned Opening Date:
Property Owner Information
Owner Name:
Home Address:
Phone Number:
Does the applicant have legal possession of the premises from the date this license will be issued by
virtue of ownership, lease or other arrangement?
Ownership Lease Other (explain)
Step 1: Background Check
Has the applicant been indicted for, charged with, arrested for, convicted of, pled guilty or no contest to,
or forfeited bail under the laws of any jurisdiction (state, federal, or foreign) concerning any felony
criminal offense or a misdemeanor involving a controlled substance?
☐ No ☐ Yes
Has the applicant been found responsible for violating a local ordinance in any state involving a
controlled substance that substantially corresponds to a felony in that state, whether the offense has
been reversed on appeal, reduced, expunged, set aside, pardoned or otherwise?
☐ No ☐ Yes
Please provide the following information for all arrests, charges, indictments, and convictions related to
felonies regarding controlled substances.
Offense Date Court Case Disposition
Arrest/Charge/Indictment/Conviction Name/Location Number
Does the applicant have any outstanding taxes, fees, assessments (including any separate business
entities the applicant has ownership in) due to the City of Muskegon? All outstanding fees due to the
City of Muskegon must be paid before advancing to Step 2.
☐ No ☐ Yes
Step 2: Proof of Business Responsibility
The applicant must provide the following:
• Copy of deed or lease agreement.
• Proof that the applicant has reasonably demonstrated it possess sufficient financial resources to
fund the project.
• Acknowledgement and consent to investigations, statute and rule compliance (notarized).
• Copy of insurance policy, bond, or securities for facilities if building has already been purchased
or leased. This may be submitted after approval if building has not been purchased or leased yet.
Step 3: Plans
The following plans must be approved before a license is granted:
☐ Security Plan – The applicant must explain how they will maintain a safe environment for neighbors and
customers. Security cameras or guards are required and their locations must be shown on the plan.
☐ Outreach Plan – Provisioning Centers must explain how they will meet with neighborhood
organizations, business association, crime watch and other neighborhood organizations to provide
contact information for questions and concerns.
☐ Site Plan – See Appendix 1 for site plan requirements.
☐ Building Façade Improvement Plan – See Appendix 2 for building façade requirements.
☐ ADA Plan – Building plans showing that the building will be brought into full compliance of Americans
with Disabilities Act standards.
☐ Waste Disposal Plan – Explanation of how waste, chemicals and unused plant material will be disposed.
☐ Odor Elimination Plan – Documentation of carbon filtration system to be used along with other odor
eliminating procedures.
☐ Blight Elimination Plan – The plan must address how the business will eliminate existing blight on
premises. The plan must address the following:
• Buildings and light poles shall be painted with no chipping or fading.
• Windows must be in good condition with no cracks.
• Parking lot must be in good condition with no potholes. All asphalt cracks must be sealed.
• All fences must be in good condition without any visible wear.
• All dumpsters must be screened with privacy fencing.
☐ Customer Plan – The plan must address the following:
• How will the customer enter the building and view the product?
• Will locks/buzzers be used to enter display rooms?
• How many customers may enter at one time?
• Will there be security checking people at the door?
• What packaging will be used to keep product from being identified outside?
☐ Employment Plan – Plan must explain the following:
• Hiring procedures
• Equal Employment Opportunity Plan (see the City’s EEO & Employee Relations Director if you
need assistance)
• Anticipated employment levels
• Hours of operation and number of shifts – employees per shift
☐ Charitable Causes – The applicant is encouraged to provide a statement on the businesses intended
charitable contributions.
☐ Secure Transporters only: Provide proof of auto insurance, vehicle registration, and registration as a
commercial motor vehicle as applicable for any transporting vehicles used to transport marihuana
product.
Step 4: Muskegon Social Equity Programming
Does the Business plan on participating in the Muskegon Social Equity Program? ☐ Yes ☐ No
If yes, please explain how below. Please see the Appendix 3 for guidelines on the program.
Appendix 1
A site plan showing the following requirements, in addition to the standard requirements listed in
Section 514 of the zoning ordinance, must be submitted:
Landscaping – Decorative landscaping shall be provided with irrigation, even on sites that do not currently
meet the minimum landscaping requirements. Grass is required in all terraces. All new construction
projects shall require underground sprinkling. All sites must contain the following (see figure 1 for
example):
• An average minimum greenbelt of 10 feet shall be maintained along all street frontages.
Greenbelt buffers shall be landscaped in grass, ground cover, perennials, and/or other natural,
living, landscape material.
• All required front setbacks shall be landscaped with a minimum of one (2) canopy or shade tree, two
(4) understory or evergreen trees and (4) shrubs, for each thirty (30) lineal feet (or major portion
thereof) of frontage abutting the right-of-way. Deciduous canopy trees shall be a minimum of twelve
(12) feet in height and a minimum caliper of 2 inches at four and one-half (4 ½) feet above the ground.
Evergreen and understory trees shall be a minimum of six (6) feet high at planting.
• Parking lots exceeding 5,000 square feet (including all parking spaces, lanes, drives and other
areas devoted to vehicular use) shall be landscaped with at least one (1) landscape island. For
each additional 5,000 square feet (or each additional 20 spaces, whichever is greater) an
additional landscape island shall be required. Landscape islands shall be at least 180 square feet
in size, with a minimum width of three (3) feet. Landscape islands shall be landscaped with one
(1) shade canopy tree and three (3) shrubs for every eight (8) parking spaces. Canopy trees shall
be a minimum of twelve (12) feet in height with a minimum caliper of 2 inches at four and one-
half (4 ½) feet above the ground.
*Any plants that will not fit in the required landscaping areas may be donated to the city to be
placed in public spaces throughout the Marihuana Overlay District.
Traffic control – Applicant must demonstrate how traffic will enter/exit property. Actions may be required
to limit traffic near residential/commercial uses, this may include eliminating curb cuts and installing new
curbs or other measures. See figure 2 for an example.
Figure 1
Existing Site Conditions
Required Landscaping Improvements
Figure 2
Preferred Not Preferred
Appendix 2
An elevation drawing depicting the following building facade requirements shall be submitted:
• Bay Doors. See figure 3 for example.
• Security bars/gates are prohibited. However, security shutters may be used but are not
required. See figure 4 for example.
• Canopy over main entrance. See figure 5 for example.
• Ornamental lighting fixtures near all ingress/egress doors. See figure 6 for example.
• Signage. Businesses shall be limited to one sign, no larger than 25 square feet and shall not use
the word marihuana/marijuana, cannabis or any other word or phrase which would depict
marihuana/marijuana; nor may pictures of a leaf or leaves, green cross or any other rendering
which would depict marihuana/marijuana be displayed on a sign or any part of the building.
Windows shall remain free and clear of all advertising.
figure 3 figure 4
figure 5 figure 6
Appendix 3
Medicinal and Recreational Marihuana
Social Equity Programming
The City of Muskegon was recently announced as one of 19 Michigan cities that meet the State-identified
criteria for the State of Michigan’s Social Equity Program. Qualified communities each had a
disproportionately-high number of marihuana convictions as well as a poverty rate in excess of 30%.
Muskegon met both of these criteria.
The State program will provide interested individuals from these qualified cities with the following
services:
1. One-on-one assistance completing the State’s social equity application
2. Assistance preparing adult-use marihuana business application
3. Education on marihuana rules and regulations
4. Connecting participants with resources.
Once an applicant is accepted into the State’s Social Equity Program, he/she will be eligible for reduction
in certain application and renewal fees. Applicant must have been a resident of Muskegon for the last
five consecutive years; this will qualify them for a 25% fee reduction. Additionally, applicants with a
marihuana-related conviction will receive another 25% reduction. Residents that have been a registered
primary caregiver for at least two years between 2008 and 2017 will receive a 10% reduction. The three
fee reduction categories may be stacked for a total fee reduction of 60%.
The State’s equity programming is focused on assisting individuals with the resources to become involved
directly in the new industry as a licensed facility operator. Muskegon’s Marihuana Social Equity Program
(MSEP) is focused on creating opportunities for impacted individuals outside of the traditional state-
licensed facilities. MSEP will focus on helping impacted individuals create/grow businesses that service
the medical and recreational marihuana industry as well as other traditional businesses that exist within
the district boundaries. MSEP programming additionally focuses on individuals and families that have
been impacted by marihuana-related convictions – providing social and economic services that bring more
equity and opportunity for success. MSEP will operate as follows:
MSEP REVENUE
Medical and Recreational licensed marihuana businesses in Muskegon may elect to contribute 1% of gross
sales to the City’s MSEP. Additionally, 50% of all local excise tax receipts will be allocated to the City’s
MSEP.
ALLOCATION OF MSEP RESOURCES
1. 25% of all MSEP Funds will be used to create, maintain, and service an Equity Business Exchange:
a. City will operate the business exchange portal on the City’s website or as a standalone
website.
b. All businesses seeking to provide ancillary or in-direct services to State-licensed medical
or recreational marihuana businesses may be added to the portal. Businesses that meet
social equity qualifications or are certified as women or minority-owned (MSEP
Businesses) will be highlighted on the exchange.
c. Licensed recreational marihuana businesses can access these businesses’
products/services and determine if partnership opportunities exist.
d. Funds will be dedicated to assist MSEP Businesses with business development and
counseling assistance.
2. Fee Reductions will be provided in exchange for business incubation assistance
a. Recreational Marihuana business owners will receive a 10% reduction in application fees
and annual renewal fees in exchange for providing free/reduced rent to start-up
businesses within the district; an additional 25% reduction (35% total) will apply if MSEP
Businesses are utilized. These could be non-marihuana businesses. For example, apparel
shops, restaurants, or other retail storefronts located within the district and can directly
benefit from the foot-traffic generated within the district.
b. Recreational Marihuana business owners will receive a 25% reduction in application fees
in exchange for partnering MSEP Businesses to provide at least $25,000 in annual services
within a licensed facility. For example, subcontracting food preparation, security,
interior/exterior maintenance, snow removal, cleaning, etc.
3. 10% of MSEP funds will be dedicated to providing assistance with expungement of marihuana-
related offenses as follows:
a. Facilitate four expungement clinics annually for the calendar years 2020-2025.
b. Dedicate $2,500 annually for the calendar years 2020-2025 to offset expungement fees
for Muskegon Residents with convictions – 25% match required by the impacted resident.
To qualify for expungement assistance, the low-level marihuana offense must have been
committed within the City of Muskegon or they must be a resident and the offense
occurred in Muskegon County. Eligible expenses:
i. Costs associated with necessary fingerprinting.
ii. Costs associated with obtaining a certified record of the conviction.
iii. Costs associated with filing an “Application to Set Aside Conviction.”
4. 50% of all MSEP Funds will be allocated to city approved/funded programs focused on (a)
individuals previously incarcerated as a result of marihuana-related activity/conviction, and (b)
youth and young adults (aged 24 and younger) with one or more immediate family-members that
have served time away from the home as a result of marihuana-related activity/conviction. Note
that the City would prefer to partner with existing service-delivery partners. Assistance will focus
on helping these individuals/families obtain the following:
a. Drug/alcohol rehabilitation services
b. Mental health assistance
c. Access to social workers
d. Access to a valid driver’s license
e. Access to educational and life-skills tutoring
f. Completion of high school or GED requirements
g. Assistance with initial college admittance costs (tests, visits, application fees, etc.)
h. Completion of skilled-trades training/certification
i. Access to community college (tuition and fee assistance)
j. Access to safe/affordable housing
k. Access to family-related support services
l. Mentor Program
5. 15% of MSEP Funds will be retained for administration, community education, business micro-
loans ($100-$5,000), and miscellaneous expenses related to the program.