View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 25, 2020 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
□ CALL TO ORDER:
□ ROLL CALL:
□ HONORS, AWARDS, AND PRESENTATIONS:
□ PUBLIC COMMENT ON AGENDA ITEMS:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Transfer of Ownership of the Arch (Art Piece) to County of Muskegon City
Manager
C. Rezoning of 55 Ottawa St, 61 Ottawa St, and 65 Bank St Planning
□ PUBLIC HEARINGS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Resolution for Designation of City Street in Honor of Bishop Wells Vice
Mayor Hood
B. Request to Fly Mexican Flag City Clerk
C. First Responder Hazard Pay Premium Program Finance
D. Consumers Energy Easements Development Services
E. Social District Plan and Map Approval Economic Development
F. Social District Permit Recommendations Economic Development
G. EDA (Economic Development Administration) Public Works and Economic
Adjustment Assistance Program Grant Economic Development
H. Amendment to the Zoning Ordinance – Marihuana Facilities Overlay
District Expansion Planning
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:
Attorney/Client Confidential Communication
□ 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
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 25, 2020 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: To approve the minutes of the and August 10, 2020 Worksession Meeting, August
11, 2020 Regular City Commission Meeting, and August 12, 2020 Goal Setting 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, August 10, 2020
5:30 pm
City Commission Chambers
REMOTE MEETING
MINUTES
2020-47
Present: Mayor Gawron, Vice Mayor Hood, Commissioners Rinsema-Sybenga, Emory,
Johnson, Ramsey, and German.
Absent: None.
Bid Renewal Recommendation
Chair of the BID Board, Bob Tarrant, spoke about the recommendation to renew the BID for the
next three years. There are two main services they want to continue which is snow removal and
extra landscaping. This is the last time the BID board plans to ask for an extension of the BID
and hopes the expenses will be covered a different way moving forward.
The recommendation includes no change to the rate which is an annual 8 cents per square foot
of land capped at $4,000 per property with industrial type uses at 4 cents capped at $2,000 per
property.
Swan Alpha - Development Agreement
City staff has been working with Swan Alpha Development on a proposal to reuse the former
Farmers Market site as a residential development. The development would add 53 new units to
the site over two project phases.
We are proposing a development agreement that follows much of the framework of the West
Urban Properties Development Agreement. This project is very similar in that the developer
intends to build a combination of detached and attached single-family homes that will be made
available for rent. These properties will function more like a single multi-family development on
one or two adjacent parcels. One key difference between this agreement and the West Urban
Agreement is that this agreement does not ask the City to subsidize any rents. The only
proposed use of the “Swan Alpha Development Fund” would be in the event that the city’s tax
assessor sets the property assessment for the 53 units above the anticipated amount. Note that
this amount is similar to the benefit that would be expected with a Neighborhood Enterprise
Zone certificate. The development agreement does contemplate that the City of Muskegon
would make certain investments in the infrastructure necessary for the second phase. These
improvements (underground utilities, alleys, greenspace, trails, etc.) are reimbursable expenses
in the scattered site brownfield plan. $777,000 is contemplated for reimbursement here. Note
that 287 East Muskegon and 227 Eastern are included in the Brownfield, but not the purchase
agreement - these areas are being held for park/greenspace improvements.
Mike Kalis, with Swan Alpha Development, explained the homes will be two, three, and four
bedroom homes along with duplexes for rent. Currently there are no plans to list the homes for
sale.
Groundwater Ordinance Amendment
The City has received a petition from Consumers Energy to designate the Veterans Memorial
Park parcel under the water supplies ordinance. The ordinance prohibits the use of groundwater
wells and secondary water supplies under certain circumstances and in certain locations, to
prevent exposure to contaminated groundwater, as well as to prevent wells from influencing the
movement of contaminated water.
Muskegon Social District Plan
The City of Muskegon seeks to take advantage of Michigan Public Act 124 of 2020 signed into
law on July 1, 2020. This is enabling legislation that would allow Michigan municipalities to
establish Social Districts that would allow for “common areas” where two or more contiguous
licensed establishments (bars, distilleries, breweries, restaurants and tasting rooms) could sell
alcoholic beverages in special cups to be taken into the area for consumption. Muskegon city
administration through a collaboration of all City Hall departments is designing a Muskegon
Social District and the policies parameters and management of this new community
development tool. This Muskegon Social District Plan is being shared with potential license
holder users for refinement of the plan, a final draft will be presented to the Muskegon City
Commission for approval and sent on to the Michigan Liquor Control Commission for state
concurrence.
Public Comments – Public Comments were received.
The Worksession Meeting adjourned at 8:00 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 11, 2020 @ 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
electronically with the Mayor, Vice Mayor and Commissioners participating via
Zoom – a remote conferencing service, Clerk staff present at 933 Terrace Street,
Muskegon, MI at 5:30 p.m., Tuesday, August 11, 2020.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen J. Gawron, Vice Mayor Eric Hood, Commissioners
Ken Johnson, Dan Rinsema-Sybenga, Willie German, Jr., Michael Ramsey, and
Teresa Emory, City Manager Frank Peterson, City Attorney John Schrier, and City
Clerk Ann Meisch.
2020-48 HONORS, AWARDS, AND PRESENTATIONS:
A. Tribute to Muskegon Police Department
The Muskegon Police Department was presented with a Special Tribute from 34th
District State Senator, Jon Bumstead. The Tribute was read aloud by Mayor
Stephen J. Gawron.
B. 8 Can’t Wait
8 Can’t Wait is an eight-point political action campaign to reform policing in the
United States. Public Safety Director, Chief Jeffrey Lewis, introduced the topic for
presentation. Police Department Staff Members, Lieutenant Scott Zonnebelt,
Captain Andy Rush, and Captain Shawn Bride, reviewed current police
department policies that correlate with the campaign’s 8 points for police
reform.
PUBLIC COMMENT ON AGENDA ITEMS: Public comments were received.
2020-49 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the July 28, 2020 Regular City
Commission meeting.
STAFF RECOMMENDATION: To approve the minutes.
Page 1 of 15
B. Amendment to the Temporary Uses Ordinance – 2nd Reading Planning
SUMMARY OF REQUEST: Staff initiated request to amend section 2324 of the
zoning ordinance to allow mobile food vending as a temporary use. The
Planning Commission unanimously voted in favor of the ordinance amendment.
STAFF RECOMMENDATION: To approve the amendments to the zoning
ordinance.
C. Mobile Food Vending Ordinance Updates-2nd Reading City Clerk
SUMMARY OF REQUEST: Interest in operating food trucks in the City has
increased since the initial passage of the Mobile Food Vending Ordinance in
2014. Based on community and Commission feedback, staff has identified some
language updates to more effectively regulate mobile food vendors and areas
they operate.
The City Commission held work sessions to update the mobile food vending
ordinance on February 10 and March 9. Based on feedback received from the
community and Commission, the following changes are being recommended
for approval.
Regulatory Ordinance
Changes to Chapter 50 include requiring proof of permission to be on private
property, compliance with fire safety, code, and all other legal requirements
(including health department inspections and licenses), and display of city
license. The updates also include a change to allow temporary approval by the
City Clerk to allow overnight parking on public property or streets and a
clarification that a mobile food vendor cannot operate on public or private
property within 1,000 feet of an event or the Farmers Market during market
hours. As requested, a map showing this distance is attached. The required
distance from brick and mortars is increased to 100 feet as measured from the
service window to the lot line. A formal complaint, revocation, and appeals
process was also added. A red lined copy of all these changes is attached.
Public Areas and Streets
Allowing mobile food vending on private property in B-2, B-4, LR, WM, I-1, I-2, MC
and all Form Based Code context areas except Urban Residential and Lakeside
Residential was added and addressed through the amendment to the
temporary uses in the Zoning Ordinance.
A resolution allowing mobile food vendors on public property and streets in the
same areas is attached along with rescinding the previously identified areas.
STAFF RECOMMENDATION: To amend and adopt Chapter 50, Article VIII
Sections 50-303 through 50-305 and approve the resolution for mobile food
vending in public areas.
Page 2 of 15
D. Additional Costs-HVAC System at Mercy Health Arena Finance
SUMMARY OF REQUEST: To approve the Hurst Mechanical invoice for additional
work to install new heating supply and return lines serving the Lumberjacks
offices and the Arena Director’s office for $20,410.43. This invoice will be
forwarded to Team Financial for payment.
During the start up process of the new HVAC system at Mercy Health Arena the
system was pressure tested and discovered that underground sections of the
return lines were compromised. Hurst Mechanical installed isolation valves at
every heating supply & return line so the system could be separated into
quadrants to attempt to isolate leaks and only re-pipe certain sections.
However, it was discovered that there were leaks everywhere. The City Manager
negotiated with Hurst Mechanical to apply the DTE Energy & Consumers rebates
against the additional costs. Much of the additional costs were covered, this last
invoice is for the last piece of the project.
AMOUNT REQUESTED: $20,410.43
AMOUNT BUDGETED: $0
STAFF RECOMMENDATION: To approve the Hurst Mechanical invoice of
$20,410.43 for payment.
E. Second Floor Furniture Development Services
SUMMARY OF REQUEST: Construction on the second floor of city hall is nearing
completion. Staff is seeking approval to purchase furniture for the new space.
Staff has obtained and reviewed quotes for the work from two local office
furniture companies, Grand River Office and Lakeshore Furniture, and is seeking
approval for a combination of their services to complete the work.
Grand River Office – new desks, office chairs, conference room tables, and
cabinets at $36,664.55 ($32,490.65 + $4,173.90)
Lakeshore Furniture – reupholstered side chairs for offices, lateral file cabinets,
and new chairs for the conference room at $11,323.70.
Some details are still being investigated so a contingency cost of $7,198.24 is
being included for a total of $55,186.49.
The most current quotes are included. Both companies are using local
manufacturers where possible.
AMOUNT REQUESTED: $55,186.49
AMOUNT BUDGETED: $0
FUND OR ACCOUNT: Public Improvement Fund
STAFF RECOMMENDATION: Approve the expenditure of $55,186.49 for office
furniture.
Page 3 of 15
H. Holiday Display Items Public Works
SUMMARY OF REQUEST: Staff is asking permission to purchase various items to
add to the Holiday display at Hackley Park.
Staff is asking permission to purchase a Polar Bear bench ($1,499), four (4)
Outdoor Sleigh Reindeer (at $1,798.00 x 4 + $7,192.00), a Life Size Rearing
Reindeer ($999.00) and Reindeer Antlers ($50.00), totaling $9,751.00
The request also includes a 15-foot Snowman for a cost of $5,579 and $635 in
shipping for a total of $6,214. We received $3,300 in donations for the snowman
and will take the remainder of $2,914 out of the Public Relations Budget.
AMOUNT REQUESTED: $9,751.00 & $2,914.00
AMOUNT BUDGETED: $10,000.00
FUND OR ACCOUNT: 101-70751
101-10102-5352
STAFF RECOMMENDATION: Authorize staff, per recommendation of Holiday
Committee, to purchase the various Holiday decorations, to be used at Hackley
Park.
I. AWIA (America’s Water Infrastructure Act) 2018 Public Works
SUMMARY OF REQEUST: Authorize staff to enter into an agreement with Prein &
Newhof to perform an EPA Mandated “America’s Water Infrastructure Act of
2018” (AWIA 2018) with our wholesale customers. Our share of the cost will be
$22,000.
AWIA 2018 was signed into law in October 2018. Section 2013 of the law requires
Community Water Systems serving more that 3, 300 people to perform a Risk
and Resilience Assessment (RRA) and develop or revise an Emergency Response
Plan (ERP). A letter certifying the completion of the RRA and ERP must be
submitted to the US EPA before the statutory deadlines.
Compliance with the new requirements of AWIA 2018 by completing a Risk and
Resilience Assessment and updating the Emergency Response Plan for our
Community Water Supply allows us to take steps to reduce risk in response to
malevolent acts or natural hazards and ensure the long-term resiliency of the
water system for our customers.
AMOUNT REQUESTED: $22,000
AMOUNT BUDGETED: $22,000
FUND OR ACCOUNT: 591
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with
Prein & Newhof.
Page 4 of 15
K. Peck Street Water & Sewer Upgrades Public Works
SUMMARY OF REQUEST: Authorize the award of the Peck Street contract to the
low bidder, Kamminga & Roodvoets Inc, and authorize the clerk to sign the
resolution.
Staff solicited bids for sewer replacement, water main replacement and road
reconstruction on Peck Street from Laketon Avenue north to Merrill Avenue in
the Nelson and McLaughlin neighborhoods.
Bids received are as follows:
• $3,481,438.91 – Kamminga & Roodvoets
• $3,589,454.75 – Wadel Stabilization
• $3,794,984.00 – Hallack Contracting
• $4,135,588.35 – Diversco Construction
• $4,827,140.03 – Dunigan Brothers
This project is financed through the sale of bonds in partnership with the State of
Michigan Clean Water and Drinking Water Revolving Funds. The State of
Michigan programs offer forgiveness for portions of the project.
The project would be constructed during the 2021 construction season.
There will be a separate project financed through City Major Streets and
MDOT/FHWA to reconstruct Peck Street from Merrill to Apple in the same year.
That project is expected to take bids in January or February.
AMOUNT REQUESTED: $2,481,438.91
AMOUNT BUDGETED: $4,700,000 (Total)
19/20 - $200,000
20/21 - $1,700,000
21/22 - $2,800.000
(Inclusive of Engineering, Bonding, Financing, Contingency, etc.)
FUND OR ACCOUNTS: 202/590/591-92010
STAFF RECOMMENDATION: Approve the award of the Peck Street contract
to the low bidder, Kamminga & Roodvoets, Inc and authorize the clerk to sign
the resolution.
L. Water Supply System Bonds Finance
SUMMARY OF REQUEST: Ordinance Authorizing the issuance of Water Supply
System Junior Lien Revenue Bonds. Request to authorize the issuance of Water
Supply System Bonds in an amount not to exceed $4,800,000. The Bonds are
expected to be sold to the Michigan Finance Authority and payable in 20
Page 5 of 15
annual principal installments at an interest rate of 2%. Scheduled closing is
September 30th. Estimated Principal Forgiveness is $380,000.
STAFF RECOMMENDATION: To approve the ordinance authorizing the
issuance of Water Supply System Revenue Bonds.
M. Sanitary Sewer Supply System Bonds Finance
SUMMARY OF REQUEST: Ordinance Authorizing the issuance of Sanitary Sewer
Supply System Junior Lien Revenue Bonds. Request to authorize the issuance of
Sanitary Sewer Supply System Bonds in an amount not to exceed $5,400,000. The
Bonds are expected to be sold to the Michigan Finance Authority and payable
in 20 annual principal installments at an interest rate of 2%. Scheduled closing is
September 30th. Estimated Principal Forgiveness is $950,000.
STAFF RECOMMENDATION: To approve the ordinance authorizing the
issuance of Sanitary Sewer Supply System Revenue Bonds.
Motion by Commissioner Johnson second by Commissioner German, to
approve the consent agenda as presented, except items F, G, and J.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, German, Rinsema-
Sybenga, and Emory
Nays: None
MOTION PASSES
2020-50 REMOVED FROM CONSENT AGENDA:
F. Brownfield Development and Reimbursement Agreement, Harbor West,
LLC Economic Development
SUMMARY OF REQUEST: Approval of the Development and Reimbursement
agreement (D&RA) for the Harbor West, LLC (Hartshorn Village) brownfield plan
amendment. The BRA will be meeting on August 11 to consider approval of the
Development and Reimbursement Agreement to the City Commission.
Brownfield Plan Amendment for Harbor West, LLC (Hartshorn Village) was
approved by the commission June 9, 2020. Harbor West, LLC has submitted a
D&RA for the Brownfield Plan for Hartshorn Village, a residential site
condominium development on an initial 3.01 acres adjacent to Hartshorn
Marina. The BRA will reimburse developer for eligible costs for the initial 10
residential site condos and adjacent marina improvements for the next 30 years
from property tax increments. Per the terms of the Sale and Development
agreement from August 15, 2018, the city will provide buyer up to $600,000 for
eligible costs. The city would receive the first $600,000 of tax capture, then
Harbor West for its remaining eligible costs and finally with the marina upgrade
being covered last. The initial $5.597 million of eligible costs in brownfield plan is
a local-only tax capture although the plan is eligible for $2,249 for eligible
environmental costs captured by state educational millage through ELGE. There
Page 6 of 15
is no need for state approval. The plan includes state eligible environmental
costs of $250,000, $19,500 for demolition, $626,000 for site preparation and $3.946
million for infrastructure improvements. A majority of the infrastructure costs
($3.502 million) are to upgrade the city’s adjacent Hartshorn Marina and for a
joint-use pool and clubhouse for the condo owners and marina slip holders. The
plan contemplates continued five-year capture of tax increments for a local
Brownfield Revolving Loan Fund if there is time left in the 30-year plan after
eligible costs are covered.
STAFF RECOMMENDATION: Approval of the Harbor West, LLC Brownfield
Development and Reimbursement Agreement and authorize the city clerk and
mayor to sign the same.
Motion by Commissioner Johnson second by Commissioner Rinsema-Sybenga,
to approve the Harbor West, LLC Development and Reimbursement Agreement
and resolution and allow the Mayor and City Clerk to sign the same.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, Rinsema-Sybenga, and Johnson
Nays: German
MOTION PASSES
G. Concession Agreement – Grand Traverse Pie Company Public Works
SUMMARY OF REQUEST: Staff is asking permission to enter into a contractual
agreement with Jennifer Serrano of “Grand Traverse Pie Company” at Pere
Marquette Park.
Staff is asking permission to enter into a Concession Agreement for 2020 with
Jennifer Serrano of “Grand Traverse Pie Company”, at Pere Marquette Park.
Commission from said Concession would be $300.00 plus 5% of gross receipts.
STAFF RECOMMENDATION: Authorize staff to enter into a Concession
Agreement with Jennifer Serrano of “Grand Traverse Pie Company”, at Pere
Marquette Park.
Motion by Commissioner Emory second by Commissioner Johnson, to authorize
staff to enter into a concession Agreement with Jennifer Serrano of “Grand
Traverse Pie Company”, at Pere Marquette Park.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
and Gawron
Nays: None
MOTION PASSES
J. Amity Avenue Water & Sewer Upgrade Public Works
SUMMARY OF REQUEST: Authorize the award of the Amity Avenue contract to
the low bidder, Kammming & Roodvoets Inc, and authorize the clerk to sign the
Page 7 of 15
resolution.
Staff solicited bids for sewer replacement, water main replacement and road
reconstruction on Amity Avenue from Getty to Fork and on sections of Fork,
Myrtle and Murphy in the Angell neighborhood.
Bids received are as follows:
• $4,138,499.30 – Kamminga & Roodvoets
• $4,246,607.65 – Jackson – Merkey Contractors
• $4,388,385.50 – Hallack Contracting
• $4,708,725.80 – Dunigan Brothers
This project is financed through the sale of bonds in partnership with the State of
Michigan Clean Water and Drinking Water Revolving Funds. The State of
Michigan programs offer forgiveness for portions of the project.
The project would be constructed during the 2021 construction season.
AMOUNT REQUESTED: $4,138,499.30
AMOUNT BUDGETED: $5,700,000 (Total)
19/20 - $200,000
20/21 - $2,750,000
21/22 - $2,750,000
(Inclusive of Engineering, Bonding, Financing, Contingency, etc…)
FUND OR ACCOUNT: 590/591-92009
STAFF RECOMMENDATION: Approve the award of the Amity Avenue
contract to the low bidder, Kamminga & Roodvoets, Inc. and authorize the clerk
to sign the resolution.
Motion by Commissioner German second by Commissioner Rinsema-Sybenga,
to approve the award of the Amity Avenue contract to the low bidder,
Kamminga & Roodvoets, Inc. and authorize the clerk to sign the resolution.
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
Gawron, and Hood
Nays: None
MOTION PASSES
2020-51 PUBLIC HEARINGS:
A. Public Hearing on Michigan Natural Resources Trust Fund Application for
Campbell Field Public Works
SUMMARY OF REQUEST: To receive public input on the plan for improvements at
Page 8 of 15
Campbell Field and to approve a resolution to apply for grant funds under the
Michigan Natural Resources Trust Fund Program with a commitment of matching
funds.
Staff submitted an application to MDNR through the Michigan Natural
Resources Trust Fund program to help fund the improvements at Campbell Field.
The preliminary plan for improvements at Campbell Field was prepared based
on staff recommendation and stakeholder feedback.
In light of COVID-19 concerns MDNR allowed for public input on the plans to be
received after the initial application was submitted.
Staff also posted the plans to Facebook for comment in March of 2020, a
summary of comments received on the preliminary plan is included.
Matching funds for this project are derived from the Public Improvement Fund in
future years and are provided primarily via the PILOT extension that was
approved for the Royal Glen Townhouses at the 11/26/2019 Commission
Meeting. Proceeds from the PILOT Agreement are expected to provide $156,000
in matching funds with any additional costs and in-kind services to be provided
by the City of Muskegon.
AMOUNT REQUESTED: $200,000 for MDNR Match + $100,000 for Engineering &
Contingencies
AMOUNT BUDGETED: $300,000 (Future Years)
FUND OR ACCOUNT: 404
STAFF RECOMMENDATION: To close the public hearing and approve the
resolution of authorization and commitment of matching funds for the Michigan
Natural Resources Trust Fund application at Campbell Field.
PUBLIC HEARING COMMENCED: No public comments were received.
Motion by Commissioner Rinsema-Sybenga second by Commissioner Johnson,
to close the public hearing and approve the resolution of authorization and
commitment of matching funds for the Michigan Natural Resources Trust Fund
application at Campbell field.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
and Ramsey
Nays: None
MOTION PASSES
2020-52 UNFINISHED BUSINESS:
A. Muskegon Central Dispatch Tower Site Lease Agreement Public
Safety – No action requested at this time – REMOVED
Page 9 of 15
2020-53 NEW BUSINESS:
A. Designation of Voting Delegates for the Michigan Municipal League
Annual Meeting City Clerk
SUMMARY OF REQUEST: To designate, by action of the Commission, one of our
officials who will be in attendance at the Convention as an official
representative to cast the vote of the municipality at the Annual Meeting; and,
if possible, to designate on other official to serve as an alternate.
STAFF RECOMMENDATION: To appoint an official representative and
alternate representative to be in attendance and to cast the vote of the
municipality at the Annual Business Meeting of the Michigan Municipal League
Convention.
Motion by Commissioner Rinsema-Sybenga second by Commissioner Johnson,
to designate Mayor Stephen J. Gawron as the official representative and Vice
Mayor Eric Hood as the alternate representative to be in attendance and to cast
the vote of the municipality at the Annual Business Meeting of the Michigan
Municipal League Convention.
ROLL VOTE: Ayes: Rinsema-Sybenga, Emory, Johnson, Gawron, Hood, Ramsey,
and German
Nays: None
MOTION PASSES
B. Small Retailer Assistance Program Development Services
SUMMARY OF REQUEST: Staff is seeking approval of the establishment of a small
retailer assistance program.
CDBG funds in 2019 and 2020 have been allocated to assist in the creation of
more small retail businesses downtown and to aid existing small retail businesses
negatively impacted by COVID-19. Staff have developed a program to award
these fund as outlined below.
The Small Retailer Assistance Program will offer one of two incentives to assist in
the creation of a new small retail business downtown. These incentives include
the Rental Assistance Grant and the Retail Renovation Grant. Both grants
require a 50% match with a maximum grant of $5,000.
Two additional incentives are being made available to existing small retail
businesses negatively impacted by COVID-19. A CV Rental Assistance Grant
and a CV Capital Grant are being offered. Both grants require a 25% match
with a maximum grant of $5,000.
Businesses must be located within the Downtown Development Authority District
to qualify.
AMOUNT REQUESTED: $60,000 + CDBG-CV
Page 10 of 15
AMOUNT BUDGETED: $60,000 + CDBG-CV
FUND OR ACCOUNT: CDBG and CDBG-CV
STAFF RECOMMENDATION: To approve the establishment of the small retailer
assistance program.
Motion by Commissioner Johnson second by Commissioner Rinsema-Sybenga,
to approve the establishment of the small retailer assistance program.
Motion by Commissioner Johnson second by Commissioner Rinsema-
Sybenga, to amend the motion to make both programs city-wide.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Ramsey, Rinsema-Sybenga,
and Emory
Nays: German
MOTION PASSES
VOTE ON ORIGINAL MOTION
ROLL VOTE: Ayes: Emory, Johnson, Gawron, Hood, Ramsey, and Rinsema-
Sybenga
Nays: German
MOTION PASSES
C. Purchase Agreement 1188 4th Street City Manager
SUMMARY OF REQUEST: City staff is seeking authorization to enter into the
purchase agreement with LeighAnn Mikesell, a City of Muskegon employee.
1188 4th Street was a regular area of concern among neighbors. In an attempt
to help mitigate the concerns, the city purchased the property and completed
a renovation. The property was listed on the MLS for $229,900; an offer was
accepted for $225,000. Staff is seeking permission to approve the purchase
agreement and complete the sale. Note that this property is part of the
scattered site brownfield project. Any difference in sales price and renovation
cost will be recovered via tax capture.
In order to comply with state and local conflict of interest concerns, Ms. Mikesell
has submitted a letter to the mayor disclosing her interest in the property and
outlining the benefits of this sale to her and to the City. The letter has been
noticed to the public along with the agenda for the commission meeting.
The sale con only be approved by a unanimous vote of all commissioners.
If approved, the minutes of the commission must disclose the name of each
party involved in the contract, the terms of the contract, the nature of the
financial interest of the public servant with the conflict, and that the sale is in the
best interest of the City.
Page 11 of 15
LeighAnn Mikesell, Director of Development Services for the City of Muskegon is
the purchaser of the home at 1188 4th Street. The home is being purchased from
the City of Muskegon. The approved purchase price is $225,000 – no
contingencies. A benefit to the purchaser includes the price the city paid to
obtain the property ($88,710.92) as well as the amounts paid for improvements
($235,716). The total is $324,427. The property was listed with a real estate agent
for $229,900. LeighAnn Mikesell offed $225,000 and submitted a check for
earnest money in the amount of $2,500. The City will benefit by selling the
property to LeighAnn Mikesell because she is a good citizen that cares about
the community, has consistently paid taxes and utility bills owed to the city, she
will maintain the property in excellent condition and will enhance the
landscaping to further improve the property and make a positive impact on the
neighborhood.
STAFF RECOMMENDATION: Declare that the sale is in the best interests of the
City to sell the property to Ms. Mikesell and authorize the City Manager to sign
the purchase agreement and complete the sale.
Motion by Commissioner Rinsema-Sybenga second by Commissioner Johnson,
to declare that the sale is in the best interest of the City to sell the property to Ms.
Mikesell and authorize the City Manager to sign the purchase agreement and
complete the sale.
ROLL VOTE: Ayes: Gawron, Hood, Ramsey, German, Rinsema-Sybenga, Emory,
and Johnson
Nays: None
MOTION PASSES
D. Groundwater Ordinance Amendment Planning
SUMMARY OF REQUEST: The City has received a petition from Consumers
Energy to designate the Veteran’s Memorial Park parcel under the water
supplies ordinance. The ordinance prohibits the use of groundwater wells and
secondary water supplies under certain circumstances and in certain locations,
to prevent exposure to contaminated groundwater, as well as to prevent wells
from influencing the movement of contaminated water.
Notice was sent to the only affected address (Veterans Memorial Park) prior to
this meeting.
STAFF RECOMMENDATION: To approve the amended groundwater
ordinance as presented.
Motion by Commissioner Rinsema-Sybenga second by Vice Mayor Hood, to
approve the amendment to the groundwater ordinance as presented.
ROLL VOTE: Ayes: Hood, Ramsey, German, Rinsema-Sybenga, Emory, Johnson,
and Gawron
Page 12 of 15
Nays: None
MOTION PASSES
E. City of the Dead Event Planning – REMOVED PER APPLICANT REQUEST
F. Swan Alpha Development Agreement City Manager
SUMMARY OF REQUEST: City staff has been working with Swan Alpha
Development on a proposal to reuse the former Farmers Market site as a
residential development. The development would add 53 new units to the site
over two project phases.
We are proposing a development agreement that follows much of the
framework of the West Urban Properties Development Agreement. This project is
very similar in that the developer intends to build a combination of detached
and attached single-family homes that will be made available for rent. These
properties will function more like a single multi-family development on one or
two adjacent parcels. One key difference between this agreement and the
West urban Agreement is that this Agreement does not ask the City to subsidize
any rents. The only proposed use of the “Swan Alpha Development Fund” would
be in the even that the city’s tax assessor sets the property assessment for the 53
units above the anticipated amount. Note that this amount is similar to the
benefit that would be expected with a Neighborhood Enterprise Zone
certificate. The development agreement does contemplate that the City of
Muskegon would make certain investments in the infrastructure necessary for
the second phase. These improvements (underground utilities, alleys,
greenspace, trails, etc.) are reimbursable expenses in the scattered site
brownfield plan. $777,000 is contemplated for reimbursement here. Note that
287 East Muskegon and 225 Eastern are included in the Brownfield, but not the
purchase agreement – these areas are being held for park/greenspace
improvements.
STAFF RECOMMENDATION: To authorize the City Manager to sign the
Development Agreement.
Motion by Commissioner Rinsema-Sybenga second by Vice Mayor Hood, to
authorize the City Manager to sign the Development Agreement.
ROLL VOTE: Ayes: Ramsey, German, Rinsema-Sybenga, Gawron, and Hood
Nays: Emory and Johnson
MOTION PASSES
G. 4th Amendment to Lease – Lumberjacks City Manager
SUMMARY OF REQUEST: Staff is seeking approval of the fourth amendment to
the lease agreement with WC Hockey. This amendment will provide relief to the
team as they endeavor to compete in the 2020-21 USHL season with new rules
related to the COVID-19 Pandemic.
Page 13 of 15
We are proposing an amendment to one section of the lease to accommodate
anticipated reduced capacity at the arena: Paragraph 14. The Lumberjacks
previous agreed to undertake a certain amount of construction in the facility
and be reimbursed for those costs only if they exercised their first option to
extend the lease. Previously, we acknowledged that the work was complete
and the cost was $260,215.35; it was to be deducted from their rent in years 3-7.
Staff is proposing that the cost be deducted in years 2-4 as follow: Year 2:
$125,000; Year 3: $100,000; Year 4: $35,215.35
STAFF RECOMMENDATION: Approve the Agreement and authorize the
Mayor to sign.
Motion by Commissioner Rinsema-Sybenga second by Commissioner Ramsey,
to approve the agreement and authorize the Mayor to sign.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Emory, Johnson, Gawron, Hood,
and Ramsey
Nays: None
MOTION PASSES
H. Beach Noise and Signage Commissioner Emory
SUMMARY OF REQUEST: We have received a request from Commissioner Emory
to install signage at the beach pertaining to noise rules and alcohol
consumption. The request also included a request to reduce the music level
coming from The Deck Restaurant.
STAFF RECOMMENDATION: Staff has no recommendation on this item and
has received no more complaints in 2020 than in years’ past. The beach is
significantly busier this year.
No action on this item. Referred back to staff.
Commissioner Rinsema-Sybenga left at 9:30 p.m.
ANY OTHER BUSINESS: Commissioner Willie German mentioned that he had
conversations with several residents that had received complaints about having
tents in their yards. Residents wishing to get a reprieve from the sun this summer
should be encouraged to put up and take down their tents on occasion rather
than leaving them up for too long.
Commissioner Ken Johnson brought up the sale of 1867 Hoyt Street to
accommodate the construction of a garage serving 1875 Hoyt homeowner and
a parking pad serving 1861Hoyt. The Commission directed staff and legal
counsel to negotiate a sales agreement for the City-owned lot.
PUBLIC COMMENT ON NON-AGENDA ITEMS: Public comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 10:00 p.m.
Page 14 of 15
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
Page 15 of 15
Prep Meeting for Fall Goal Setting Session
August 12, 2020
9:00 am
Via Zoom
Minutes
2020-54
Present: Mayor Gawron, Vice Mayor Hood, Commissioners Rinsema-Sybenga, Emory,
German, Johnson, and Ramsey along with the City Manager and Department Heads all joined
by zoom.
Introductions
Two videos were shown to the group. The group was asked to state what stood out to them
personally in the videos regarding diversity.
Public Comment
Kimi George commented that complaints simply mean citizens want to be seen and heard and
we should remember that and be open to the process.
Laying the Foundation: Where are we now as a community?
Beth Buelow, the moderator of the meeting, asked Commissioners and staff where are we now
as a community. What are you hearing from others?
Mayor Gawron - Neighborhoods, safe place to live, public safety, expansion of economic
opportunity - a great concern now during the pandemic.
Vice Mayor Hood - People are tired of lip service. People will agree and say we are with you but
they do not want you above them. We need to be honest with people and our answers. Once
the rage is over, we are back to normal until something else happens. We need to get ahead of
that. We have a long way to go.
Dwana Thompson - Gun violence, voter registration, gerrymandering, getting absentee ballots
on-time, culturally friendly business community, and retaining employees in the community.
Commissioner German - Downtown development - people like it, everyone needs to feel
included, not enough black-owned businesses, development of inner-city, concern of
gentrification, less people of color graduating, more equity for marihuana facilities, and Covid-19
making sure we are not in a red zone.
Commissioner Dan Rinsema-Sybenga - Economic uncertainty, city services, police reform (How
is our police doing and what do we need to do to move forward.)
Jake Eckholm - Giving minority owned businesses an ear. We might have the right words to
say, but we are not the person to say it. We need to acknowledge who should be part of the
conversation.
Ken Grant - The black people know this has been happening for years. It’s cameras that allow
others to see it. Actions speak louder than words. Muskegon would be better if the people who
live here actually sent their kids to schools here. It’s actions.
Dave Alexander - Educational equity. We need programs. We need Caucasian people to be
excited about these programs and want to participate.
Commissioner German - each community has different concerns. We need to put ourselves in
those individual shoes. Different Wards have different concerns and we need to be open to
listening to those concerns and solve issues.
Reason for optimism:
Commissioner Ramsey - we can learn to foster relationships in groups and there is strength in
numbers. I’m most optimistic about us coming together as a team.
Mayor Gawron - we live in a community with a long history of neighbors banning together at the
neighborhood association level. There are many good people, engaged people, willing to share
their minds and hearts.
Vice Mayor Hood - We have a good Commission. We have a great Mayor and City Manager
and the rest of our employees and leadership team. I have been with the City in one way or
another since 1988. I have seen so much improvement especially when it comes to equality and
diversity.
Commissioner German - Our youth. They are the future. I connect with a lot of youth and I see
the excitement. They want change. The kids do not care about ethnicity or the background we
come from. They want to see change. Racism is learned behavior. Kids want to seek
knowledge. I went through Muskegon Public Schools. It was very diverse. It seems more
segregated now.
Commissioner Rinsema-Sybenga - There is a great team at the City. I’ve seen when they put
their mind to something, they get it done. I think it’s something we can move forward with.
Dave Alexander - Everything from affordable housing, market rate housing, convention center,
rehabbing of homes, makes me optimistic that we will be back to that transformational energy
we had prior to Covid-19.
Kirk Briggs - Blight fight projects downtown, the changes over the last few years have been
fantastic. Imagine what it will look like eight years from now.
LeighAnn Mikesell- Developers are now reaching out to us. They see what we are doing and
they are stating that Muskegon is a really cool place. Excited that others are recognizing it
finally.
Dwana Thompson- Happy to see what is happening here and having these conversations
towards equity.
Oneata Bailey - Happy to see new staff, younger staff, great to see the new housing in our old
employee parking lot - affordable homes. Excited about the development of new housing at the
old farmers market site.
Commissioner Johnson - Awesome staff at city hall and leadership on the Commission. More
effort to collaborate with other communities more than ever before.
Looking Ahead: Where do we want to be?
Oneata Bailey - Talked about what we see moving forward after covid-19. We will be a
sustainable community. We will be stronger. We will have recovered. We will understand that
we are not all operating the same way. We are looking at ways we can help every individual,
community, and city as a whole.
Commissioner Johnson- Who do we want to be moving forward. We are a diverse community
with arts and culture. We want to be attractive to families and somewhere where people want to
live. Have a sense of pride living here. Be happy and proud residents living in this city. Be able
to live together and work together.
Ken Grant - Emphasize Muskegon is a great destination for tourism, focus on more diversified
restaurants/food courts, utilize farmers market, want to be known as a place to come here and
have a good time. Want to have a more lively downtown, have more foot traffic all year around.
Dave Alexander - Aspire to enjoy. Be a joyful community. Enjoy being with each other. Current
conditions liberate us to put things on the table that we would not have on there before. Be a
place that meets the basic needs of everyone. Be a community that is unique with glorious
resources around us.
Leighann Mikesell - Diverse neighborhoods, everyone feel comfortable sending their kids to the
neighborhood schools, welcome everyone, more diverse downtown, and want city employees
living in the city. Cultural, economic, ethnic, age, etc.
Beth Lewis - Everyone benefits from progress and feels part of the progress. Not everyone
views progress the same way. Muskegon has a lot of momentum going into Covid-19. We could
be a good case study on how this should be done. We see a lot of positive things in this city to
begin with.
What stood out to you?
The word ALL stood out. A word used often in the discussion.
Pay attention most to those that are most marginalized.
Commissioner Emory - How to make people in our city feel included. Finding a way to take
those barriers down.
Commissioner Johnson - What kind of metrics do we have to make this quantitative measure?
Community Stakeholders: Identification of primary constituents that will inform City of
Muskegon goals, including outline of purpose of meetings and strategy for engaging
with stakeholders
Next Steps
Oneata Bailey - Invite them in as we address the priorities of the city. Which stakeholders
should be brought in when we are talking about that segment?
Commissioner Rinsema-Sybenga - Identified groups such as small business groups, disability
groups, LGBTQ, K-12 youth, senior services, youth groups, etc. to engage with.
Dwana Thompson - Sorority, Girl Scouts, Boy Scouts, Jaycees, Optimist, and GVSU should be
added to the stakeholder list.
Dave Alexander - Do it in small, intimate settings. Commissioners & staff need time and space
to hear the stories. Should not be bigger than 15 people. Local landlord associations, hear from
the young people, faith-based communities, and surveys to gather information.
Beth Lewis - Educational piece, Orchard View School should be added, Muskegon County
should be a partner, WMSRDC, larger employers, also look at smaller businesses owned and
operated by Muskegon people.
LeighAnn Mikesell - Social Justice Commission - start with groups most likely not to be included,
Muskegon Democratic Black Caucus.
Need to be open to ideas not on our radar right now.
Closing Remarks
It’s a large list. There is much to be done. We should make a list of what groups should be put
together to discuss which topics. We could break it down among employees.
Ideas and suggestions should be passed along to LeighAnn Mikesell.
Public Participation
Kimi George stated when approaching stakeholders, are you looking for buy-in or input? Those
are two different things. Be upfront with the public. Be honest if you are looking for public
support and not necessarily public input.
Meeting adjourned at 12:30 pm.
________________________________
Ann Marie Meisch, MMC
City Clerk
You may copy the link information below and paste it into a browser to view the meeting.
https://www.youtube.com/watch?v=wMElG-QQed0&feature=youtu.be
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 8-25-2020 Title: Transfer of Ownership of the Arch (Art
Piece) to County of Muskegon
Submitted By: Frank Peterson Department: City Manager
Brief Summary: Staff is seeking permission to sign the attached Deed of Gift for the Arch, a
sculpture that has been housed in several locations until it found its home at 7th and Western
Avenue next to the historic Union Depot in 2016. Staff wishes to transfer ownership and
responsibility to the County as it currently sits on Muskegon County property.
Detailed Summary:
Amount Requested: None Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To authorize the City Manager to sign the Deed of Gift to transfer
ownership of the Arch to the County of Muskegon.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
DEED OF GIFT
As owner of the property listed below, the City of Muskegon hereby irrevocably
and unconditionally gives and transfers to the County of Muskegon all right, title,
and interest, and when applicable, all copyrights and trademarks in and to the
described property.
The County of Muskegon acknowledges and accepts the donation of the
following:
• TITLE: Arch, Aluminum and painted fiberglass, 1973
• ARTIST: Steven Jay Urry, American (1939-1993)
o Steven Jay Urry was known for his abstract welded steel and aluminum
sculptures of biomorphic forms. Born in Chicago, he first drew serious
attention in 1966 during a solo show of large-scale welded steel sculptures
in Chicago. In 1969, the Museum of Contemporary Art in Chicago hosted
a solo show of Urry’s work. He also lived and worked in San Francisco,
New York, Miami, and Arizona.
• PROVENANCE: Arch was originally exhibited at a 1973 sculpture exhibition
entitled Off the Pedestal in Grand Rapids, Michigan. The sculpture spent time in
Grand Rapids, but was eventually purchased by the City of Muskegon and sited
at the entrance to the Muskegon City Hall. Later, it was moved to 11th Street at
Muskegon Avenue, one of the main city thoroughfares at that time. With the
creation of a highway bypass in Muskegon in the early 2000s, Arch lacked public
visibility, and the sculpture was moved in 2016 to a more prominent place at 7th
Street and Western Avenue, next to the historic Union Depot, 610 W. Western
Ave, Muskegon, MI, which houses the Muskegon County Convention and Visitor
Center.
• VALUE: $80,000 (estimate only, replacement value)
Given this date: _____/____/______
City of Muskegon County of Muskegon
By: By:
Frank Peterson, City Manager Mark Eisenbarth, County Administrator
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 8/25/20 Title: Rezoning of 55 Ottawa St, 61 Ottawa
St and 65 Bank St
Submitted By: Mike Franzak Department: Planning
Brief Summary: Request to rezone 55 Ottawa St, 61 Ottawa St and 65 Bank St from WM,
Waterfront Marine to I-2, General Industrial.
Detailed Summary:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the request to rezone 55 Ottawa St, 61 Ottawa St and 65
Bank St from WM, Waterfront Marine to I-2, General Industrial.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Zoning Ordinance Excerpt:
SUMMARY
1. The properties are currently zoned WM- Waterfront Marine.
2. The applicant is seeking a rezoning to industrial in order to run a crane operating training center. The
site would eventually contain a building in the front and training center in the back.
3. The most appropriate zoning for this type of use would be I-2, as many of the principal uses allowed
include the usage of cranes. Staff would consider this request a principal use permitted in I-2 districts.
4. The properties are adjacent to an I-2 zoning district and the area is characterized by industrial, port and
heavy commercial uses.
5. Please see the enclosed zoning ordinance excerpt for I-2 districts.
6. Notices were sent to all properties within 300 feet of the property. Ron Mathews from Verplank
Trucking is in favor of the request.
55 Ottawa St, 61 Ottawa St and 65 Bank St
Zoning Map
Aerial Map
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
An ordinance to amend the zoning map of the City to provide for a zone change for 55 Ottawa St, 61
Ottawa St and 65 Bank St from WM, Waterfront Marine to I-2, General Industrial.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning for 55 Ottawa St, 61 Ottawa
St and 65 Bank St from WM, Waterfront Marine to I-2, General Industrial.
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
CERTIFICATE (Rezoning 55 Ottawa St, 61 Ottawa St and 65 Bank St )
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 25th day of August 2020, 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: ___________________, 2020 ________________________________
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 August 20, 2020, the City Commission of the City of Muskegon adopted an ordinance
amending the zoning map to provide for the change of zoning for 55 Ottawa St, 61 Ottawa St and 65 Bank St
from WM, Waterfront Marine to I-2, General Industrial.
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 ____________________, 2020 CITY OF MUSKEGON
By ___________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 8-25-2020 Title: Designation of City Street in Honor of
Bishop Wells
Submitted By: Vice Mayor Hood Department: Commission
Brief Summary: A request has been received to designate Valley Street and the corner of Getty
Street and Delano Avenue as Bishop Nathaniel Wells Jr. Way to honor his legacy and leadership
within the community.
Detailed Summary:
Amount Requested: None Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the resolution and designate Valley Street and the corner of
Getty Street and Delano Avenue as Bishop Nathaniel Wells Jr. Way.
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
DESIGNATION OF CITY STREET IN HONOR OF BISHOP WELLS
WHEREAS, the City received a request to designate Valley Street and the corner of
Getty Street and Delano Avenue as Bishop Nathaniel Wells Jr. Way; and
WHEREAS, Bishop Wells was a leader in the nation’s largest black Pentecostal
Denomination, the Church of God in Christ, Inc.; and
WHEREAS, Bishop Wells was a leader in the community advocating for the poor
throughout his career as a senior pastor at Muskegon Holy Trinity Institutional Church of
God in Christ for 44 years; and
WHEREAS, Bishop Wells was the jurisdictional prelate for Western Michigan
jurisdictional Church of God in Christ; and
WHEREAS, Nathaniel Wells Jr. founded the Trinity Nonprofit Housing Corporation in
1991, a program that was operated and built around affordable housing developments
in Muskegon County along with many other places in Michigan and beyond; and
WHEREAS, Bishop Wells earned a doctorate degree in theology from Midwest
Theological University in 2014;
WHEREAS, Bishop Wells received many awards including NAACP Man of the Year in
1975, Muskegon Bar Association’s Liberty Bell Award in 2000, Muskegon County
Economic Development Award in 2000, Most Influential Person of the Year in
Muskegon in 2003, the statewide Jeanne Peterson Award in Affordable Housing in
1999; a general board member for the national denomination, a founding member of the
Tri-Valley Academy charter school; and
WHEREAS, Bishop Wells made a profound impact on the lives he touched and will be
greatly missed;
NOW THEREFORE BE IT RESOLVED that the City Commission hereby approve the
request to designate Valley Street and the corner of Getty Street and Delano Avenue as
Bishop Nathaniel Wells Jr. Way.
Witnessed this 25th day of August 2020.
_________________________
Stephen J. Gawron, Mayor
_________________________
Ann Marie Meisch, City Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 25, 2020 Title: Request to Fly Mexican Flag
Submitted By: Ann Marie Meisch, MMC Department: City Clerk
Brief Summary: Latinos Working for the Future is requesting to have the Mexican Flag flown at City
Hall in celebration of Mexican Independence Day which is September 16, 2020. They are
requesting that the flag be raised on September 12, 2020 during a flag raising ceremony and taken
down on September 20, 2020. They are also requesting to host a mini event to raise the flag as
well as having a drive by community children’s PPE giveaway.
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 grant the request of Latinos Working for the Future and allow them to
host a mini flag raising event on September 12, 2020 in conjunction with a drive-by community
children’s PPE giveaway and to allow the Mexican Flag to be flown September 12, 2020 through
September 20, 2020 at City Hall
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: August 25, 2020 Title: First Responder Hazard Pay Premium
Program
Submitted By: Beth Lewis Department: Finance
Brief Summary: To authorize staff to apply for reimbursement under the State of Michigan’s First
Responder Hazard Pay Premium Program.
Detailed Summary: As part of the State of Michigan’s CARES Act the First Responder Hazard Pay
Premium Program will reimburse employers for hazard pay premiums paid to eligible employees
who have performed hazardous duty or work involving physical hardship related to COVID 19 up to
$1,000 per employee.
During the months of April and May the City paid all sworn police, fire personnel, and employees
working a full 40 hours who were deemed essential a flat $100 per week. Additional all employees
that were expected to directly interact in a face-to-face capacity with residents or handle mail or
cash from outside of City Hall were paid an additional $2.50 per hour for all hours worked. Under
the States CARES Act Public Safety and Public Health Payroll Reimbursement Program the City
was able to apply for reimbursement of all Police and Fire wages and payroll expenditures for April
and May. So we expected to be reimbursed all the essential duty and hazard duty pay and payroll
costs paid to Police and Fire along with their regular pay and payroll costs.
Fire personnel have spoken to the State and confirmed that they would also be eligible to receive
an additional $1,000 per employee that the city could be reimbursed for. The Finance office has
confirmed this. The reimbursement would only be for up to $1,000 per employee and would not
reimburse the City for their payroll costs. We have 92 First Responders and have estimated the
payroll costs to be $18,581.
The application will be submitted as payment is pending approval of funds availability. The State
has earmarked $100,000,000 for this program.
Amount Requested: $18,581 Amount Budgeted: 0
Fund(s) or Account(s):General Fund Fund(s) or Account(s):
Recommended Motion: To authorize staff to apply for the State of Michigan’s CARES Act First
Responder Hazard Pay Premium Program.
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: August 25, 2020 Title: Consumers Energy Easements
Submitted By: LeighAnn Mikesell Department: Development Services
Brief Summary: Staff is seeking direction for two lease agreements to provide Consumers Energy
permanent access to trim, cut down, and control any trees, brush, and other vegetation. The
easements also allow the company to maintain, inspect, survey, replace, reconstruct, improve,
remove, replace, change the size, enlarge, and protect their electric facilities adjacent to the
easement. Please note that Consumers Energy will not use the easements to construct additional
facilities.
Detailed Summary: As compensation for the easements, Consumers Energy agrees to pay the
city $11,800 based on property values in the area. City staff propose to use the funds to plant
trees throughout the urban core of the city with many targeted for the downtown area. Please note
that the requirements for each easement are different based on how close the Consumer’s line is
to the City of Muskegon property line.
For the 0005-00 parcel, the Consumers line is 70’ from the city’s property line, and a 10’ wide
easement is needed to remove “danger trees” only. Danger trees are trees that could exceed 35’
in height and fall into the line.
For the 0003-00 parcel, the Consumers line is 35’ from the city’s property line. This requires a 5’
easement to remove all vegetation, and a 40’ wide easement to remove “danger trees.”
An aerial photo is included for reference.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Tree Replacement Fund(s) or Account(s): Tree Replacement
Recommended Motion: to approve/deny the two easement agreements with Consumers Energy
and authorize the mayor and clerk to sign.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
EASEMENT FOR THE PROTECTION OF ELECTRIC FACILITIES
Cobb to Muskegon Heights No 1
SAP# 36334984
Master Tract# TRN000916039404
Agreement# MI00000050768
City of Muskegon, a Michigan Municipal Corporation, 933 Terrace St., Muskegon 49440 (hereinafter “Owner”)
for $1.00 and other good and valuable consideration [exempt from real estate transfer tax pursuant to MCLA 207.505(f) and
from State real estate transfer tax pursuant to MCLA 207.526(f)] grants and warrants to
CONSUMERS ENERGY COMPANY, a Michigan corporation, One Energy Plaza, Jackson, Michigan 49201 (hereinafter “Consumers”)
a permanent easement to enter Owner’s land (hereinafter “Owner’s Land”) located in the City of Muskegon, County of Muskegon,
and State of Michigan as more particularly described in the attached Exhibit A and to trim, cut down, and otherwise remove and
control any trees, brush, roots, and other vegetation within a portion of Owner’s Land (hereinafter “Maintenance Easement Area”)
described in the attached Exhibit B and to utilize the Maintenance Easement Area for the support of constructing, operating,
maintaining, inspecting (including aerial patrol), surveying, replacing, reconstructing, improving, removing, relocating, changing
the size of, enlarging, and protecting a line or lines of electric facilities, which electric facilities (hereinafter “Adjacent Facilities”)
are or will be located on land adjacent to the Maintenance Easement Area and which centerline is described in the attached
Exhibit D, and conducting such other activities as may be convenient in connection therewith as determined by Consumers for
the purpose of transmitting and distributing electricity, and the right from time to time hereafter, to enter Owner’s Land to trim,
cut down, and otherwise remove and control any trees, brush, roots, or other vegetation within a portion of Owner’s Land
(hereinafter “Protection Easement Area”) described in the attached Exhibit C, which Consumers, in its sole discretion, determines
both are of a species capable of obtaining a height of 35 feet or taller and which may endanger Consumers’ Adjacent Facilities.
Access: Consumers shall have the right to unimpaired access and the right of ingress and egress on, over, and through the
Maintenance Easement Area and the Protection Easement Area for any and all purposes necessary, convenient, or incidental to
the exercise by Consumers of the rights granted hereunder.
Trees and Other Vegetation: Owner shall not plant any trees within the Maintenance Easement Area without a prior written
agreement executed by Consumers’ Real Estate Department expressly allowing the aforementioned.
Buildings/Structures: Owner agrees not to build, create, construct, or permit to be built, created, or constructed, any obstruction,
building, septic system, drain field, fuel tank, pond, swimming pool, lake, pit, well, foundation, engineering works, installation or
any other type of structure within 20 feet of the centerline as described in Exhibit D, whether temporary or permanent, natural or
man-made with the exception of those items listed on the attached Exhibit E, without a prior written agreement executed by
Consumers’ Real Estate Department expressly allowing the aforementioned.
No Facilities: Consumers agrees that it will not construct any facilities on Owner’s Land pursuant to this easement.
Ground Elevation: Owner shall not materially alter the ground elevation within 20 feet of the centerline as described in Exhibit D
without a prior written agreement executed by Consumers’ Real Estate Department expressly allowing said alteration.
Form RE/EAS/EL/MP/VM/MJL2018 Page 1 of 7
Revision: 2019.2 (CG)
Approved: 6/17/2019 (AJ)
Crop Damage: Consumers shall pay compensation, based on market rates, for all growing crops situated on Owner’s Land that
are damaged or destroyed by Consumers during the original installation and/or subsequent maintenance, repair or removal of
the Adjacent Facilities. Growing crops shall not mean i) trees or ii) vegetation used in landscaping.
Exercise of Easement: Consumers’ nonuse or limited use of this easement shall not preclude Consumers’ later use of this
Easement to its full extent.
Ownership: Owner covenants with Consumers that they are the lawful fee simple owner of the aforesaid lands, and that they have
the right and authority to make this grant, and that they will forever warrant and defend the title thereto against all claims
whatsoever.
Successors: This Easement shall bind and benefit Owner’s and Consumers’ respective heirs, successors, lessees, licensees, and
assigns.
Counterparts: This Easement may be executed simultaneously in two or more counterparts, each of which shall be deemed an
original and all of which together shall constitute one and the same instrument. It is not necessary that all parties execute any
single counterpart if each party executes at least one counterpart.
Signature Page to Follow
Form RE/EAS/EL/MP/VM/MJL(2018) 2019 Page 2 of 7
Date: Owner: City of Muskegon, a Michigan Municipal corporation
By:
Print Name – Stephen J. Gawron
Its:
Print title - Mayor
By:
Print Name – Ann Marie Meisch, MMC
Its:
Print title – City Clerk
Acknowledgment
The foregoing instrument was acknowledged before me in County, Michigan,
on by
Name Title
, City of Muskegon, a Michigan Municipal Corporation, on behalf of the
Name Title
Corporation.
Notary Public
Print Name
County, Michigan
Acting in County
My Commission expires:
Prepared By: Jeremy Williams 6/30/2020 After recording, return to:
Consumers Energy Company Carrie Main, EP7-287
One Energy Plaza Consumers Energy Company
Jackson, MI 49201 One Energy Plaza
Jackson, MI 49201
Form RE/EAS/EL/MP/VM/MJL(2018) 2019 Page 3 of 7
EXHIBIT A
Owner’s Land
Land situated in the City of Muskegon, County of Muskegon, State of Michigan:
That part of the Northwest 1/4 of the Southwest 1/4 of Section 34, T10N R16W lying Southerly of a line which is 132’.00”
Southerly of and parallel with Southerly line of the Railroad right of way running in a Northwesterly and Southeasterly direction
across said land. Also, that part of the Northeast 1/4 of the Southwest 1/4 of said section, described as: Beginning at the
Southwest corner of the Northeast 1/4 of the Southwest 1/4 : thence North 1° 17’ 25” East along 1/8 line 117’.17” to the
Southerly line of Consumers Power Company; thence South 70° 47’ 10” East along said line 358’.43” to the 1/8 line; thence
North 89° 51’ 45” West along said 1/8 line 341’.10” to the point of beginning.
Parcel ID: 61-24-134-300-0003-00
Form RE/EAS/EL/MP/VM/MJL(2018) 2019 Page 4 of 7
EXHIBIT B
Maintenance Easement Area
All that portion of Owner’s Land that lies within 40 feet of the Adjacent Facilities Centerline.
Form RE/EAS/EL/MP/VM/MJL(2018) 2019 Page 5 of 7
EXHIBIT C
Protection Easement Area
A 40-foot-wide strip of land across the Owner’s Land on either side of and parallel and adjacent to the Maintenance Easement
Area.
Form RE/EAS/EL/MP/VM/MJL(2018) 2019 Page 6 of 7
EXHIBIT D
Adjacent Facilities Centerline
Beginning approximately 68.00 feet south of the North Line of Section 2, T9N, R16W and approximately 500.00 feet East of the
West Line of Section 2, T9N, R16W; thence Northwesterly to a point approximately 189.00 feet North of the South Section Line
of Section 34, T9N, R16W and 198.00 feet West of the East Line of Section 34, T9N, R16W.
Form RE/EAS/EL/MP/VM/MJL(2018) 2019 Page 7 of 7
EASEMENT FOR THE PROTECTION OF ELECTRIC FACILITIES
Cobb to Muskegon Heights No 1
SAP# 36334984
Master Tract# TRN000916039404
Agreement# MI00000050771
City of Muskegon, , a Michigan Municipal Corporation, 933 Terrace St., Muskegon 49440 (hereinafter “Owner”)
for $1.00 and other good and valuable consideration [exempt from real estate transfer tax pursuant to MCLA 207.505(f) and
from State real estate transfer tax pursuant to MCLA 207.526(f)] grants and warrants to
CONSUMERS ENERGY COMPANY, a Michigan corporation, One Energy Plaza, Jackson, Michigan 49201 (hereinafter “Consumers”)
a permanent easement to enter Owner’s land (hereinafter “Owner’s Land”) located in the City of Muskegon, County of Muskegon,
and State of Michigan, as more particularly described in the attached Exhibit A, to trim, cut down, and otherwise remove and
control any trees, brush, roots, or other vegetation within a portion of Owner’s Land (hereinafter “Protection Easement Area”)
described in the attached Exhibit B, which Consumers, in its sole discretion, determines both are of a species capable of obtaining
a height of 35 feet or taller and which may endanger Consumers’ facilities.
Access: Consumers shall have the right to unimpaired access and the right of ingress and egress on, over, and through the
Protection Easement Area for any and all purposes necessary, convenient, or incidental to the exercise by Consumers of the rights
granted hereunder.
Crop Damage: Consumers shall pay compensation, based on market rates, for all growing crops situated on Owner’s Land that
are damaged or destroyed by Consumers in the exercise of the rights granted pursuant to this easement. Growing crops shall not
mean i) trees or ii) vegetation used in landscaping.
Exercise of Easement: Consumers’ nonuse or limited use of this easement shall not preclude Consumers’ later use of this
Easement to its full extent.
Ownership: Owner covenants with Consumers that they are the lawful fee simple owner of the aforesaid lands, and that they have
the right and authority to make this grant, and that they will forever warrant and defend the title thereto against all claims
whatsoever.
Successors: This Easement shall bind and benefit Owner’s and Consumers’ respective heirs, successors, lessees, licensees, and
assigns.
Counterparts: This Easement may be executed simultaneously in two or more counterparts, each of which shall be deemed an
original and all of which together shall constitute one and the same instrument. It is not necessary that all parties execute any
single counterpart if each party executes at least one counterpart.
Form RE/EAS/EL/MP/DVM/MJL(2018) Page 1 of 4
Revision: 2019.2 (CG)
Approved: 6/17/2019 (AJ)
Date: Owner:
By:
Print Name – Stephen J. Gawron
Its:
Print title - Mayor
By:
Print Name – Ann Marie Meisch, MMC
Its:
Print title – City Clerk
Acknowledgment
The foregoing instrument was acknowledged before me in County, Michigan,
on by
Name Title
, City of Muskegon, a Michigan Municipal Corporation, on behalf of the
Name Title
Corporation.
Notary Public
Print Name
County, Michigan
Acting in County
My Commission expires:
Prepared By: After recording, return to:
Jeremy Williams, 06/30/2020 Carrie Main, EP7-287
Consumers Energy Company Consumers Energy Company
One Energy Plaza One Energy Plaza
Jackson, MI 49201 Jackson, MI 49201
Form RE/EAS/EL/MP/DVM/MJL(2018) Page 2 of 4
Revision: 2019.2 (CG)
Approved: 6/17/2019 (AJ)
EXHIBIT A
Owner’s Land
Land situated in the City of Muskegon, County of Muskegon, State of Michigan:
A parcel of land in the Northeast 1/4 of the Southwest 1/4 in Section 34, T10N, R16W, lying Northeasterly of Michigan Shore
Railroad right of way and that part of the Southeast 1/4 of the Southwest 1/4 of Section 34 lying NorthEasterly of Michigan
Shore Railroad right of way. Excepting, a parcel of land described as: Beginning at the Northwest corner of the Northeast 1/4 of
the Southwest 1/4 of said section: thence South 89° 40’ 45” East 200’.00” along the East and West 1/4 line; thence South
36° 29’ 57” West to a point on the West 1/8 line that is South 1° 17’ 25” West 280’.00” from the point of beginning. Also
Excepting, a parcel of land described as: Commencing at the Northwest corner of the Northeast 1/4 of the Soutwest 1/4 of said
section; thence South 1° 17’ 25” West along the West 1/8 800’.68” for the point of beginning; thence South 27° 50’ 57” East
367’.35” to the Northerly Railroad right of way; thence North 70° 47’ 10” West along said right of way 188’.00” to said 1/8;
thence North 1° 17’ 25” East along said 1/8 line 263’.00” to the point of beginning.
Parcel ID: 61-24-134-300-0005-00
Form RE/EAS/EL/MP/DVM/MJL(2018) Page 3 of 4
Revision: 2019.2 (CG)
Approved: 6/17/2019 (AJ)
EXHIBIT B
Protection Easement Area
Easement area is the Southwesterly 10.00 of Owner’s Land.
Form RE/EAS/EL/MP/DVM/MJL(2018) Page 4 of 4
Revision: 2019.2 (CG)
Approved: 6/17/2019 (AJ)
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 8-25-2020 Title: Social District plan & map approval
Submitted By: Dave Alexander Department: Economic Development
Brief Summary: With state enabling legislation for Social Districts, city staff is proposing a
Downtown Muskegon Social District for approval of a plan and district map and filing them with the
Michigan Liquor Control Commission.
Detailed Summary: Public Act 124 of 2020 allows cities to create Social Districts and within them
Common Areas where alcoholic beverages from participating licensed establishments can be
possessed and consumed outside of the establishments’ service areas. A Downtown Muskegon
Social District was presented at the August City Commission work session designed to create fun
and new energy in the downtown, while assisting participating restaurants and bars to expand
business during COVID-19 restrictions. The district would be managed by the city’s downtown
manager in conjunction with a number of city departments. The plan addresses a year-round,
seven-day-a-week Social District in terms of marked boundaries, hours of operation, enforcement,
security, design of a district cup, sanitation, marketing and entertainment. Since the work session,
the draft plan and accompanying map have been changed to eliminate the Social District and
Common Area north of Shoreline Drive and at this time the ability to carry district alcoholic
beverages across Shoreline Drive. The other change was an expansion of the financing options to
include fees per cup, annual establishment participation fees, daily patron wristband fees and
potential district sponsorship revenues. Staff has brought together a working group of participating
establishment representatives to come to a consensus on a funding model that would pay for all of
the city’s cost in implementing and managing the district. A resolution supporting the Downtown
Muskegon Social District plan and accompanying district map is attached. If approved, the
resolution, plan and map will be sent to the Michigan Liquor Control Commission, operational
details set and implementation begun. Participating licensee permit recommendation approvals are
being requested in a separate agenda item.
Amount Requested: none Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the Downtown Muskegon Social District and Map and direct
the clerk and mayor to file it with the Michigan Liquor Control Commission and authorize staff to
implement.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
Muskegon Social District Plan
Introduction:
The City of Muskegon seeks to take advantage of Michigan Public Act 124 of 2020 signed in to
law on July 1, 2020. This is enabling legislation that would allow Michigan municipalities to
establish Social Districts that would allow for “common areas” where two or more contiguous
licensed establishments (bars, distilleries, breweries, restaurants and tasting rooms) could sell
alcoholic beverages in special cups to be taken into the area for consumption. Muskegon city
administration through a collaboration of all City Hall departments is designing a Muskegon
Social District and the policies, parameters and management of this new community
development tool. This Muskegon Social District Plan is being shared with potential license
holder users for refinement of the plan, a final draft will be presented to the Muskegon City
Commission for approval and sent on to the Michigan Liquor Control Commission for state
concurrence.
Management:
The Muskegon Social District would be created and managed by the city through its economic
development department and downtown manager. The district management and operations
would be assisted by the city’s public safety, public works, clerk and finance departments.
District boundaries:
The Muskegon Social District would have a common area south of Shoreline Drive with the
potential of expanding to the north in the future.
The initial Muskegon Social District would be mainly along West Western Avenue from Eighth
Street to Pine Street, including portions of Clay Avenue, Morris Avenue, Third Street and
Jefferson Street. (map attached)
Streets in the Social Districts would remain open to traffic and for parking, unless parking
spaces are given to outdoor dining. The district is being proposed with the expectation of
certain properties being developed that would include future businesses with liquor licenses
that might expand the common area.
Potential participating license holders:
Muskegon Social District -- The Eagles, Tipsy Toad, Mike’s Bar, Pigeon Hill, Burl & Sprig, Top
Shelf, Mercy Health/Rad-Dads, Dr. Rolf’s, Racquets, Smash, Walker’s, the CIM’s Courses, Unruly,
Boar’s Belly, 18th Amendment, WMSO/The Block, Farmers Market, Hennessy’s, Nipotes, 794
Kitchen, Capone’s, and Rake.
Participating license holders would be asked to sign a Social District agreement with the city,
which must approve social district permits issued by the MLCC. This allows a license holder to
sell alcoholic beverages in special district cups in its service area to be taken into the common
area for consumption.
Non-alcohol businesses within the district:
There are businesses which could be in the common area and allow for Social District beverages
to be brought into those places of business. Examples would be retail outlets such as Vintage
Redefined, Harris and Willow, Western Market and the Century Club Center.
Operations:
The Muskegon Social Districts would operate year round but the district’s seasonal road
closures along with outdoor services and amenities would be from May 1 to Oct. 31. Operations
would be seven days a week. The common areas would be open from 11 a.m. until 11 p.m.
Before 11 a.m. and after 11 p.m., Social District beverages would not be able to be possessed
nor consumed in the common areas. After hours, consumption of alcoholic beverages would
have to be contained within the license holders’ service areas.
It is the intent of city administration to begin implementing the Muskegon Social Districts in
2020, if possible. An initial roll out might not be a full Muskegon Social District but by the spring
of 2021 the entire Muskegon Social District plan would be implemented.
District designation and marking:
The boundaries of the Muskegon Social Districts would be clearly designated and marked with
signs and graphics on streets and sidewalks. The signs could be accompanied by a trash
receptacle for customers to dispose of used district cups as they exit the district.
Social District financing:
The Muskegon Social District established, implemented and managed by the City of Muskegon
must generate enough revenue to cover its costs. A number of funding models could pay for
the Muskegon Social District. The options include a surcharge on beverages purchased for
possession and consumption in the common areas though an upcharge on cups that would
need to be purchased through the city. Participating establishments could handle the surcharge
however they choose within their product price structure. The cup could contain a sponsor logo
or message that could generate dollars for the district. The district establishments could charge
a small daily fee for a wrist band to be a common area user. And finally, a district fee for
participating license holders in the Muskegon Social District could generate further revenues.
One or a blending of these funding methods would be explored and implemented by consensus
of the city and the participating establishments. Revenues would pay for initial implementation
such as signs and trash receptacles and ongoing costs such as the cups, security-enforcement,
sanitation, marketing-promotion and entertainment.
Social District logo and beverage containers:
The Muskegon Social Districts should have a name for branding and marketing purposes but
must have a special logo for use on the non-glass district beverage cups of no more than 16
ounces. The cups of various colors and/or stickers to differentiate among license holders must
also have a logo or name identifying the establishment. Muskegon Social District cups may not
be reused, must remain in the establishment where they were purchased or in the common
area and may not be taken into an establishment that did not sell the beverage.
Muskegon Social District will explore the use of cups that can be recycled or composted.
Security-enforcement:
Security and enforcement in the Muskegon Social Districts would be provided by the Muskegon
Police Department. The Muskegon Social District may hire certified private security personnel
to assist within the district.
Insurance:
The city would insure its management and operation of the Muskegon Social District through its
municipal umbrella insurance policy. Participating license holders would be left to secure their
own liability insurance as they deem necessary.
Sanitation:
The Muskegon Public Works Department with heavy assistance from participating
establishments would provide sanitation within the district including trash removal, litter pick
up on a daily basis and deployment of portable toilets, if needed. Each participating license
holder would be required to have a city provided trash receptacle outside of its entrances for
the disposal of district cups and empty those receptacles when needed. The city would
maintain its current downtown trash receptacles and could expand the number in areas where
establishments are not available to assist.
Marketing and promotion:
The Muskegon Social District should have a branded name for marketing purposes and a
distinctive logo. Marketing would be done through traditional free media and paid advertising
along with extensive social media. The district needs its own Facebook page, other social media
accounts and website.
Entertainment/food trucks:
The Muskegon Social District has the opportunity to provide entertainment on a regular basis
and food trucks when warranted. The district includes three small stages to provide various
musical acts, including Olthoff Stage, Alcoa Square and the Farmers Market. The district could
also coordinate and promote individual establishments wanting to feature musical
entertainment. Finally, food trucks could be introduced to drive visitors into the district and
create a street-fair atmosphere when deemed necessary.
Festivals/special events:
The state’s Social District law does not allow special event liquor licenses to participate in a
Social District. Such special licenses are the backbone of several large festival events historically
within Muskegon’s Social Districts. Going forward, the Muskegon Social District and its
participating license holders seem to favor allowing these “beer tents” with no alcoholic
beverage entering or exiting special-event licensed area. But ongoing coordination and
collaboration with downtown events and festivals would be needed.
Muskegon Social District - South
Muskegon Social District
1 The Eagles
2 Tipsy Toad Tavern
3 Mike’s Inn
4 Pigeon Hill Brewing
5 Burl and Sprig
6 Top Shelf 19 20 22
17 21
7 Mercy Health Arena/Rad Dads
8 Dr. Rolf’s BBQ
9 Racquet’s
10 Smash Wine Bar & Bistro
11 Delta Hotels by Marriot
12 The CIM’s Courses 18
13 Unruly Brewing 14 15
14 The Block 13 16
15 18th Amendment
16 The Boar’s Belly
11
17 Farmers Market
18 Hennessy’s Pub 9
10 12
19 Nipote’s 7
20 794 Kitchen & Bar 8
5
21 Capone’s Speakeasy 4
6
22 Rake Beer Project
3
2
1
RESOLUTION APPROVING DOWNTOWN MUSKEGON SOCIAL DISTRICT
PLAN AND MAP
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 virtually, live on the city’s FaceBook page per the
governor’s COVID-19 executive order on open meetings, on the 25th day of August, 2020 at
5:30 p.m., prevailing Eastern Time.
PRESENT:
ABSENT:
The following preamble and resolution were offered by Commissioner
___________________ and supported by Commissioner __________________.
WHEREAS, in accordance with Public Act 124 of 2020 on the establishment of Social
Districts within a Michigan city; and
WHEREAS, COVID-19 pandemic has caused unprecedented economic disruption
worldwide and within our local business community; and
WHEREAS, restaurants and bars, which have been key contributors to the historic
redevelopment of Downtown Muskegon, have been and will continue to be hard hit by the
economic impact of the pandemic; and
WHEREAS, increasing availability of outdoor spaces for dining and drinking will help
downtown and its businesses recover; and
WHEREAS, Public Act 124 of 2020 empowers local governments like the City of
Muskegon to enhance its downtowns with Social Districts and accompanying Common Areas
where purchasers may consume and possess alcoholic beverages sold by multiple qualified
Michigan Liquor Commission licensees who obtain Social District Permits; and
WHEREAS, the City Commission has received requests to designate a downtown Social
District; and
WHEREAS, the City Commission has considered the potential impact of the requested
Social District on the public health, safety and welfare of the city; and
WHEREAS, the City Commission desires to designate a downtown Social District with
Common Area,
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The following Social District containing a Common Area is designated described in
the attached plan and map, and
2. That the Common Area within the Social District, the City Manager, or his designee,
is authorized to make minor and reasonable adjustments to the Common Area to
safeguard public health, safety and welfare, and
3. That the Social District and Common Area have at least two qualified, participating
and permitted Liquor Control Commission licensees, and
4. That the signage placed to clearly define and mark the limits of the Common Area
shown in the plan and on the Social District map, and
5. The management and maintenance of the Social District and Common Area shall be
conducted by city staff in accordance with the operational details in the plan, and
6. That the Social District and Common Area shall be maintained in a manner that
protects the health and safety of the city, and
7. That, if the Social District and Common Area are deemed to be a public health and
safety concern, a public hearing revoking the plan will be held before the City
Commission in accordance with Act. 124 of 2020.
Be it Further Resolved that the Mayor and City Clerk are hereby authorized to execute
all documents necessary to file the Muskegon Downtown Social District plan and map with the
Michigan Liquor Control Commission.
AYES:
NAYS:
RESOLUTION DECLARED APPROVED.
Ann Marie Meisch, City Clerk
Stephen J Gawron, Mayor
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on August 25, 2020 and that said meeting was conducted and public
notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act,
being Act 267, Public Acts of Michigan, 1976, as amended and modified by the governor’s
COVID-19 executive order and that the minutes of said meeting were kept and will be or have
been made available as required by said Act.
Ann Marie Meisch, City Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 8-25-2020 Title: Social District Permit
recommendations
Submitted By: Dave Alexander Department: Economic Development
Brief Summary: The City Commission must recommend approval of the Michigan Liquor Control
Commission permits of participating licensed establishments in the Downtown Muskegon Social
District.
Detailed Summary: With the establishment of the Downtown Muskegon Social District,
participating licensed establishments must receive a Social District permit from the Michigan Liquor
Control Commission. The MLCC must first receive a recommendation for approval from the City
Commission before granting the permits. The attached resolution includes the names of the
establishments initially seeking a Social District permit from the state and seeking City Commission
recommended approval. The Social District plan identifies 22 potential participating licensees
within the district. Beyond this initial group of permit applicants, other licensed establishments may
file a Social District permit application in the future.
Amount Requested: None Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the resolution recommending Michigan Liquor Control
Commission approval of Social District permits in the Downtown Muskegon Social District and to
direct the City Clerk to certify the City Commission action with the MLCC.
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 RECOMMENDING DOWNTOWN MUSKEGON SOCIAL DISTRICT
PERMIT APPLICATON APPROVALS
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 virtually, live on the city’s FaceBook page per the
governor’s COVID-19 executive order on open meetings, on the 25th day of August, 2020 at
5:30 p.m., prevailing Eastern Time.
PRESENT:
ABSENT:
The following preamble and resolution were offered by Commissioner
___________________ and supported by Commissioner __________________.
WHEREAS, in accordance with Public Act 124 of 2020 on the establishment of Social
Districts within a Michigan city; and
WHEREAS, COVID-19 pandemic has caused unprecedented economic disruption
worldwide and within our local business community; and
WHEREAS, restaurants and bars, which have been key contributors to the historic
redevelopment of Downtown Muskegon, have been and will continue to be hard hit by the
economic impact of the pandemic; and
WHEREAS, increasing availability of outdoor spaces for dining and drinking will help
downtown and its businesses recover; and
WHEREAS, Public Act 124 of 2020 empowers local governments like the City of
Muskegon to enhance its downtowns with Social Districts and accompanying Common Areas
where purchasers may consume and possess alcoholic beverages sold by multiple qualified
Michigan Liquor Commission licensees who obtain Social District Permits; and
WHEREAS, the City Commission has designated a Downtown Muskegon Social District
and Common Area, and
WHEREAS, the city has received requests from multiple qualified licensees to
recommend approval of their Social District Permit applications by the Michigan Liquor Control
Commission, and
WHEREAS, the licensed establishments are contiguous to the Common Area within the
Social District, and
WHEREAS, the City Commission desires to recommend approval of the Social District
Permit applications,
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Social District Permit Applications from the following licensees are
recommended by the City Commission to consideration and approval by the
Michigan Liquor Control Commission:
a. 18th Amendment, LLC – 350 W. Western Ave. 49440
b. Baker College of Muskegon/Culinary Institute – 336 W. Clay St. 49440
c. Parkland Acquisition Two, LLC – 939 Third St. 49440
d. Unruly Brewing Co., LLC – 360 W. Western Ave. 49440
e. Pigeon Hill Brewing Co., LLC – 500 W. Western Ave, Ste 1 49440
2. The City Clerk is authorized and directed to provide each applicant with a certification
of this action in the form specified by the Michigan Liquor Control Commission.
AYES:
NAYS:
RESOLUTION DECLARED APPROVED.
Ann Marie Meisch, City Clerk
Stephen J Gawron, Mayor
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on August 25, 2020 and that said meeting was conducted and public
notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act,
being Act 267, Public Acts of Michigan, 1976, as amended and modified by the governor’s
COVID-19 executive order and that the minutes of said meeting were kept and will be or have
been made available as required by said Act.
Ann Marie Meisch, City Clerk
Michigan Department of Licensing and Regulatory Affairs
Business ID:
Liquor Control Commission (MLCC)
Toll-Free: 866-813-0011 - www.michigan.gov/lcc Request ID:
(For MLCC Use Only)
Social District Permit Application
Part 1 - Licensee Information
Individuals, please state your legal name. Corporations or Limited Liability Companies, please state your name as it appears on your Articles of Incorporation / Organization.
Pigeon Hill Brewing Company, LLC
Licensee name:
500 W. Western Ave, Suite 1
Address:
Muskegon MI 49440
City: State: Zip Code:
Michael A. Brower 616.566.6664 [email protected]
Contact Name: Phone: Email:
Part 2 - Required Documents & Fees
Local Governmental Unit Approval
Approval from the local governmental unit (city council, township board, village council) is required to be submitted with this application
(See page 2 for approval form)
Leave Blank - MLCC Use Only
TOTAL DUE:
$70.00 Inspection Fee (MLCC Fee Code 4036)
$250.00 Social District Permit Fee (MLCC Fee Code 4081) Make checks payable to State of Michigan
Part 3 - Signature of Licensee
Under administrative rule R 436.1003, the licensee shall comply with all state and local building, plumbing, zoning, sanitation, and health
laws, rules, and ordinances as determined by the state and local law enforcements officials who have jurisdiction over the licensee.
Approval of this application by the Michigan Liquor Control Commission does not waive any of these requirements. The licensee must
obtain all other required state and local licenses, permits, and approvals for this business before using this permit for the sale of alcoholic
liquor on the licensed premises.
I certify that the information contained in this form is true and accurate to the best of my knowledge and belief. I agree to comply with all
requirements of the Michigan Liquor Control Code and Administrative Rules. I also understand that providing false or fraudulent
information is a violation of the Liquor Control Code pursuant to MCL 436.2003.
The person signing this form has demonstrated that they have authorization to do so and have attached appropriate documentation as
proof.
Pigeon Hill Brewing Company, LLC by 8/19/20
Michael A. Brower
Print Name of Licensee & Title Signature of Licensee Date
Please return this completed form and fees to:
Michigan Liquor Control Commission
Mailing address: P.O. Box 30005, Lansing, MI 48909
Hand deliveries: Constitution Hall - 525 W. Allegan Street, Lansing, MI 48933
Overnight deliveries: 2407 N. Grand River Avenue, Lansing, MI 48906
Fax with Credit Card Authorization to: 517-284-8557
LCC-208 (07-20) LARA is an equal opportunity employer/program. Auxiliary aids, services and other reasonable accommodations are available upon request to individuals with disabilities. Page 1 of 2
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 8-25-20 Title: EDA Public Works and Economic
Adjustment Assistance Program Grant
Submitted By: Pete Wills Department: Economic Development
Brief Summary: Staff is requesting authorization to apply for a grant through the Economic Development
Administration (EDA) Public Works & Economic Adjustment Assistance Program, with a commitment of
matching funds, to assist in making necessary infrastructure improvements at the former state-owned West
Shoreline Correctional Facility, currently within the Port City Industrial Park, located at 2725 Olthoff Drive.
Detailed Summary: Staff is seeking to apply for a $3,500,000 grant through the EDA Public Works and
Economic Adjustment Assistance Program and commit $700,000 in match towards a total $4.2M project.
The City took ownership of the 61.96 acre project site on 6/25/19 through the assistance of a $4 million state
grant in 2018. Due care, demolition and site preparation activities have been completed and approximately
$700,000 of the original grant remains unspent. The EDA grant would result in infrastructure improvements,
including water, sewer and transportation network upgrades to support future industrial and commercial
redevelopment onsite as well as within the Industrial Park complex. Specific improvements include: up-sizing
sanitary sewer capacity of the Olthoff & DeBaker Gravity Sanitary Sewer line & Sherman Boulevard Gravity
Sanitary Sewer line; extending sanitary & water lateral stub outs from Olthoff into project site; as well as
undergoing pavement reconstruction of a portion of Keating Avenue which is the last piece of original road in
the Industrial Park.
Total estimated project cost is $4,214,000. Applicant match shared requirement is 20% and EDA expects to
fund at least 80% of project amount. Matching funds derived from remaining balance of 2018 state grant;
approximately $700,000. Estimated engineering costs of $451,500 is a grant-eligible expense. The City is
well positioned to leverage this redevelopment opportunity as it will make our region more competitive in
attracting new investment and job creation given the site’s proximity to water/sewer infrastructure, access to
a variety of transportation networks and available workforce.
Amount Requested: $700,000 Amount Budgeted: $700,000
Fund(s) or Account(s): 482-91908, State Grants Fund(s) or Account(s): 482-91908, State Grants
Recommended Motion:
Approve the resolution of support and authorize the Mayor and Clerk to sign and commit to funding the
required match if the project is selected.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action:
EDA Grant Application
Port City Industrial Park - Infrastructure Improvements
Preliminary Contingency Engineering
Utility Served Project Description Inflation (5%) Project Total
Const. Estimate (20%) (15%)
Sanitary Sewer Olthoff & DeBaker Gravity Sanitary Upsizing $750,000 $37,500 $150,000 $112,500 $1,050,000
Sanitary Sewer Sherman Boulevard Gravity Sanitary Upsizing $1,260,000 $63,000 $252,000 $189,000 $1,764,000
Sanitary Sewer Extend Sanitary Lateral Stubs from Olthoff into Site $250,000 $12,500 $50,000 $37,500 $350,000
Water Extend Water Lateral Stubs from Olthoff into Site $250,000 $12,500 $50,000 $37,500 $350,000
Streets Keating Avenue Pavement Reconstruction $500,000 $25,000 $100,000 $75,000 $700,000
$4,214,000
City of Muskegon
RESOLUTION
SUPPORT OF
APPLICATION FOR PORT CITY INDUSTRIAL PARK INFRASTRUCTURE IMPROVEMENTS
WHEREAS, Muskegon City Commissioners continually seek to increase industrial and commercial
development opportunities that will make our region more competitive in attracting new investment
and job creation; and
WHEREAS, Muskegon City Commissioners support the positive economic impact and stability of the 30
current industrial and commercial establishments, and their employees, located within the Port City
Industrial Park; and
WHEREAS, Muskegon City Commissioners supports the submission of an application titled, “Port City
Industrial Park Infrastructure Improvements” to the Economic Development Administration (EDA) to
assist in making necessary infrastructure improvements, including water, sewer, and transportation
network upgrades to support future industrial and commercial redevelopment; and
WHEREAS, the City of Muskegon is hereby making a financial commitment to the project in the amount
of $700,000 as matching funds; and
NOW, THEREFORE LET IT BE RESOLVED, that Muskegon City Commissioners hereby authorizes
submission of an EDA application, and further resolves to make available its financial obligation amount
of $700,000 of a total $3,500,000 grant request during the 2020-2021 fiscal year.
Ayes:
Nayes:
Absent:
Motion Approved.
Date this_______of________20__.
________________________________
Stephen J. Gawron
Mayor
________________________________
Ann Marie Meisch
City Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 8/25/20 Title: Amendment to the Zoning Ordinance
– Marihuana Facilities Overlay District
Expansion
Submitted By: Mike Franzak Department: Planning
Brief Summary:
Staff-initiated request to amend Section 2331 of the zoning ordinance to expand the marihuana facilities
overlay district to several other locations.
Detailed Summary:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: To approve the request to amend Section 2331 of the zoning ordinance to
expand the marihuana facilities overlay district as presented.
Check if the following Departments need to approve the item first:
Police Dept.
Fire Dept.
IT Dept.
For City Clerk Use Only:
Commission Action
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend the Marihuana Facilities Overlay District to include several other properties.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The following properties will be added to the Marihuana Facilities Overlay District – 2034 Lakeshore Dr, 2054
Lakeshore Dr, 2080 Lakeshore Dr, parcel #24-233-000-0024-02, 880 1st St, 790 Terrace St, 623 W Clay, 639 W Clay,
920 Washington Ave, 796 E Apple Ave, 935 Getty St, 981 S Getty St, 863 E Laketon Ave, 885 E Laketon Ave, 935 S
Getty St and portions of 120 E Laketon Ave and 1290 E Laketon Ave.
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 25th day of August 2020, 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: ___________________, 2020. __________________________________________
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 August 25, 2020, the City Commission of the City of Muskegon adopted an
ordinance to amend the Form Based Code Section of the Zoning Ordinance to restrict small multiplexes
in Urban Residential Context Areas to four units maximum.
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 ____________________, 2020. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Hearing, Case 2020-14: Staff-initiated request to amend Section 2331 of the zoning ordinance to
expand the marihuana facilities overlay district to several other locations.
SUMMARY
1. The City currently allows MMFLA (medical) and the MRMTA (recreational) licenses in only one
district.
2. Staff has received comments from citizens and City Commissioners about the need to expand these
districts to provide access for citizens and to make the industry more equitable to property owners
across the City.
3. Staff is proposing to amend the ordinance to allow five additional (smaller) districts.
4. Enclosed are copies of the current Marihuana Facilities Overlay District and the proposed amended
Marihuana Facilities Overlay District. The amended ordinance proposes five additional overlay
districts, with specific licensing restrictions to each, but requires the same site enhancements as the
current ordinance.
5. The current Marihuana Facilities District has seen the transformation of several
vacant/underutilized properties into remodeled, active buildings. Please see the before and after
pictures below of several buildings within the district. Staff believes the newly proposed districts
will also assist in the redevelopment of key properties.
6. Notice was sent to properties within 300 feet of the proposed districts. Email responses to the
notices are enclosed.
7. Staff has removed 821 and 847 E Apple Ave from the request.
Before After
1
Under Construction
2
Properties Located in Proposed Districts
District 2
2080 Lakeshore Dr 2054 Lakeshore Dr
2034 Lakeshore Dr
3
District 3
Parcel #24-233-000-0024-02
880 1st St
790 Terrace St
District 4
639 W Clay Ave
4
623 W Clay Ave
920 Washington Ave
District 5
796 E Apple Ave & 981 S Getty St
5
935 S Getty St
863 & 885 E Laketon Ave
District 6
Portions of 1230 & 1290 E Laketon Ave
6
PROPOSED ORDINANCE:
SECTION 2331: MARIHUANA FACILITIES OVERLAY DISTRICTS
A Marihuana Facilities Overlay District is hereby created as outlined in Figures 23-2 through 23-7. Within
said overlay districts only, certain Medical Marihuana Facilities and Recreational Marihuana Facilities to
the extent licensed pursuant to City Code Sections 34-201 through 34-208 and (to be determined) are
permitted.
A. Overlay District:
1. Location: There are six separate Marihuana Overlay Districts, please see Figures 23-2 through
23-7 for the location of the overlay districts.
i. District 1 (Figure 23-2): Within this overlay district, the following licenses are
permitted: Provisioning Centers, Growers (Medical and Recreational), Processors
(Medical and Recreational), Secure Transporters, Retailers, Microbusiness,
Designated Consumption Establishments, Temporary Marihuana Events, and Safety
Compliance Facilities.
Figure 23-2
ii. District 2 (Figure23-3): Within this overlay district, the following licenses are
permitted as depicted, with the following conditions:
• Must be located in a multi-story building
• May not occupy more than 50% of the first floor.
Figure 23-3
iii. District 3 (Figure 23-4): Within this overlay district, the following licenses are
permitted as depicted on the map below, with the following conditions:
• Provisioning Center and Retail licenses may not occupy more than 3,000 sf of the
parcel.
• Grow licenses are restricted to basements.
Figure 23-4
iv. District 4 (Figure 23-5): Within this overlay district, the following licenses are
permitted as depicted, with the following conditions:
• Provisioning Center and Retail licenses must be located on the top floor of a
mixed-use building.
• Microbusinesses may not occupy more than 70% of a building.
Figure 23-5
v. District 5 (Figure 23-6): Within this overlay district, the following licenses are
permitted as depicted:
Figure 23-6
vi. District 6 (Figure 23-7): Within this overlay district, the following licenses are
permitted as depicted:
Figure 23-7
B. Grower, Excess Grower, and Processor Requirements:
1. Signage. Signage 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.
2. Building and Site Amenities. All Grower and Processor facilities must meet the following
amenity requirements:
a. Bay doors. Buildings must have bay doors in which a secure transport vehicle can
enter for delivery.
b. Canopy. Buildings must have a canopy or decorative awning over the main entrance
to the building.
c. Lighting. There shall be ornamental lighting on the exterior of the building at all
ingress and egress doors. There shall also be at least one decorative street lamp with
banner brackets every 30 feet of linear road frontage. The Zoning Administrator may
require these lamps to be located off-site within the overlay district to create a
cohesive look for the district.
d. Landscaping plan. Decorative landscaping shall be provided with irrigation. All new
construction projects shall require underground sprinkling. Please see Part G,
Landscaping Requirements.
e. Street furniture/amenities. There shall be at least one bench, bike rack, trash can or
bus shelter located on site. The Zoning Administrator may require any of these over
another to keep a diversified look throughout the district. Properties that cannot
meet these requirements because of site conditions may allow the Zoning
Administrator to locate these amenities anywhere within the district or within 500
feet of its boundaries.
f. Carbon filtration system. The building shall be equipped with an activated carbon
filtration system for odor control and be maintained in working order.
3. Waste Disposal Plan. A plan must be approved for the disposal of waste, chemicals and
unused plant material.
4. Security. There must be a security presence in place on the property at all times, either by
licensed security guard(s) and/or security cameras. A floor plan with security details is
required.
C. Provisioning Center, Retailer, Microbusiness and Designated Consumption Establishment
Requirements:
1. Hours.
Provisioning Centers, Retailers and Microbusinesses and Designated Consumption
Establishments may operate between the hours 8 am and 12 am.
2. Signage. Signage 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.
3. Building and Site Amenities. All Provisioning Centers, Retailers, Microbusinesses and
Designated Consummation Establishments must meet the following amenity requirements:
a. Canopy. Buildings must have a canopy or decorative awning over the main entrance
to the building.
b. Security shutters. The interior of all windows shall require security shutters that give
the appearance of shutters or window shades. Metal bars and gates are prohibited.
c. Lighting. There shall be ornamental lighting on the exterior of the building at all
ingress and egress doors. There shall also be at least one decorative street lamp with
banner brackets every 30 feet of lineal road frontage. The Zoning Administrator may
require these lamps to be located off-site within the overlay district to create a
cohesive look for the district.
d. Landscaping plan. Decorative landscaping shall be provided with irrigation. All new
construction projects shall require underground sprinkling. Please see Part G,
Landscaping Requirements.
e. Street furniture/amenities. There shall be at least one bench, bike rack, trash can or
bus shelter located on site. The Zoning Administrator may require any of these over
another to keep a diversified look throughout the district. Properties that cannot
meet these requirements because of site conditions may allow the Zoning
Administrator to locate these amenities anywhere within the district or within 500
feet of its boundaries.
f. Carbon filtration system. The building shall be equipped with an activated carbon
filtration system for odor control and be maintained in working order.
4. Indoor Activities. All activities of a provisioning center shall be conducted within the structure
and out of public view. Walk-up and drive thru windows are not permitted.
5. Security. There must be a security presence in place on the property at all times, either by
licensed security guard(s) and/or security cameras. A floor plan with security details is
required.
D. Safety Compliance Facility Requirements:
1. Indoor Activities. All activities of a marihuana safety compliance facility shall be conducted
within the structure and out of public view.
2. Building and Site Amenities. All Safety Compliance Facilities must meet the following amenity
requirements:
a. Canopy. Buildings must have a canopy or decorative awning over the main entrance
to the building.
b. Lighting. Ornamental lighting is required on the exterior of the building at all ingress
and egress doors. There shall also be at least one decorative street lamp with banner
brackets every 30 feet of lineal road frontage. The Zoning Administrator may require
these lamps to be located off-site within the overlay district to create a cohesive look
for the district.
c. Landscaping Plan. Decorative landscaping shall be provided and all landscaping shall
be irrigated. All new construction projects shall require underground sprinkling.
Please see Part G, Landscaping Requirements.
d. Street furniture/amenities. There shall be at least one bench, bike rack, trash can or
bus shelter located on site. The Zoning Administrator may require any of these over
another to keep a diversified look throughout the district. Properties that cannot
meet these requirements because of site conditions may allow the Zoning
Administrator to locate these amenities anywhere within the district or within 500
feet of its boundaries.
3. Security. There must be a security presence in place on the property at all times, either by
licensed security guard(s) and/or security cameras. A floor plan with security details is
required.
4. Chemical waste and plant disposal plan. A list of all chemicals used in testing and how they
will be disposed of must be provided. The plan must also show how marihuana plants and
products will be disposed.
E. Secure Transporter Requirements:
1. Storage. Marihuana and supplies, materials or money shall not be kept in any secure
transport vehicle overnight. Outdoor storage, excluding transport vehicles is prohibited.
2. Building and Site Amenities. All Secure Transporter buildings must meet the following amenity
requirements:
a. Canopy. Buildings must have a canopy or decorative awning over the main entrance
to the building.
b. Lighting. Ornamental lighting is required on the exterior of the building at all ingress
and egress doors. There shall also be at least one decorative street lamp with banner
brackets every 30 feet of lineal road frontage. The Zoning Administrator may require
these lamps to be located off-site within the overlay district to create a cohesive look
for the district.
c. Landscaping Plan. Decorative landscaping shall be provided and all landscaping shall
be irrigated. All new construction projects shall require underground sprinkling.
Please see Part G, Landscaping Requirements.
d. Street furniture/amenities. There shall be at least one bench, bike rack, trash can or
bus shelter located on site. The Zoning Administrator may require any of these over
another to keep a diversified look throughout the district. Properties that cannot
meet these requirements because of site conditions may allow the Zoning
Administrator to locate these amenities anywhere within the district or within 500
feet of its boundaries.
3. Security. There must be a security presence in place on the property at all times, either by
licensed security guard(s) and/or security cameras. A floor plan with security details is
required.
F. Temporary Marihuana Event Requirements:
1. Temporary Marihuana Events may be held within the allowed area for Recreational
Marihuana Facilities, including parking lots and the public right-of-way, with the issuance of
all necessary local and state permits.
G. Landscaping Requirements:
1. All required front setbacks shall be landscaped with a minimum of two canopy or shade trees,
four understory or evergreen trees and four shrubs, for each 30 lineal feet of road frontage.
Access ways from public rights-of-way through required landscape strips shall be permitted, but
such access ways shall not be subtracted from the lineal dimension used to determine the
minimum number of trees and shrubs required.
2. All terraces (area between street and sidewalk) shall be landscaped with a minimum of one
canopy tree for each 20 lineal feet of road frontage.
3. Properties that cannot meet these landscaping requirements because of site conditions may
allow the Zoning Administrator to locate the required landscaping anywhere within the overlay
district or within 500 feet of its boundaries. Required understory trees, evergreen trees and
shrubs may be replaced with canopy trees within the terrace at a 1:1 ratio.