City Commission Packet 08-12-2014

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       CITY OF MUSKEGON
          CITY COMMISSION MEETING
                               AUGUST 12, 2014
     CITY COMMISSION CHAMBERS @ 5:30 P.M.
                                             AGENDA

□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
□ INTRODUCTIONS/PRESENTATION:
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
        A. Approval of Minutes. CITY CLERK
        B. SECOND READING: Hours at City Parks – Ordinance Amendment. CITY
           CLERK
        C. Farmers’ Market – Third Amendment to Purchase Agreement.
           PLANNING & ECONOMIC DEVELOPMENT
        D. MDOT-City Agreement for Muskegon & Webster. ENGINEERING
        E. Prosecution Services for Muskegon Police Department. PUBLIC SAFETY
        F. Property Tax Settlement Agreement with Consumers Energy B.C. Cobb
           Plant. CITY MANAGER
        G. SECOND READING: Marihuana Ordinance. CITY CLERK
□ PUBLIC HEARINGS:
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION:
►   Reminder: Individuals who would like to address the City Commission shall do the following:
►   Fill out a request to speak form attached to the agenda or located in the back of the room.
►   Submit the form to the City Clerk.
►   Be recognized by the Chair.
►   Step forward to the microphone.
►   State name and address.
►   Limit of 3 minutes to address the Commission.
►   (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)

□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE CUMMINGS, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231)
724-6705 OR TTY/TDD DIAL 7-1-1- TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Memorandum 
 

To:    Mayor and Commissioners 

From:  Frank Peterson 

Re:    City Commission Work Session 

Date:  August 7, 2014 

We have a number of items on the agenda, and I thought you could use a little background on them as 
you prepare for our meeting next week. 

 

1.     Representatives  from  the  MEDC  will  be  on  hand  to  discuss  the  Redevelopment  Ready 
       Communities Program, as well as their initial assessment on Muskegon’s current redevelopment 
       ready status.  They will try to keep the presentation to 10‐15 minutes to allow time for questions.  
       At this point, staff is committed to becoming a recognized redevelopment‐ready community – it’ll 
       be a lot of work, and a major commitment, but we agree with a number of their principles and 
       would like access to the incentives that the program would offer.  As part of the first steps, we 
       are planning to partner with the MEDC to hold a developers showcase in downtown Muskegon 
       on September 11th.   
        
2.     We have a final draft Medical Marihuana Ordinance ready for Commission action.  We are asking 
       for Commissioners to vote at the work session and again at the Commission meeting.  This will 
       allow us to begin implementation and formally end the moratorium.  Michelle Landis will be on 
       hand to explain the ordinance and answer any questions.  A subsequent zoning ordinance will be 
       presented  to  the  Planning  Commission  at  an  upcoming  meeting  to  limit  medical  marihuana 
       businesses to B‐2, B‐3, B‐4, B‐5, I‐1, and I‐2 zoning districts. 
        
3.     Working in conjunction with Downtown Muskegon Now, we are exploring the idea of creating a 
       Business Improvement District in the downtown.  A BID is a mechanism to make investments in a 
       particular area – this one being focused on the downtown.  The funds would be raised via special 
       assessments  on  the  properties  within  the  district,  and  would  in‐turn  be  expended  within  the 
       district based on the decisions/desires of the group being assessed.  A board would be put in place 
       to  formally  make  those  decisions.    Likely  expenditures  will  include  marketing,  snow  removal, 
       beautification, Christmas decorations, special events, etc.  We are not asking the Commission to 
       act on this item at this time – we are simply looking to share the concept and take your feedback.  
       If it appears there is support from the Commission and the downtown business community, we 
       will likely bring the BID to the commission for formal approval in September or October. 
      
4.   We have had an initial meeting with residents and business owners in the Muskegon/Webster 
     construction area to take comments on the types of amenities they would like.  We need to move 
     forward with the design ASAP.  Accordingly, we are bringing the discussion forward to this work 
     session with the hope of settling on a plan for both streets.  Because we have heard so many 
     varying requests for the street, and because our funds are limited, staff is making the following 
     recommendation for the two corridors: 
      
         a.      Two 11‐foot traffic lanes and one 7‐foot parking lane on both streets.  This will narrow 
                 the street width from 44 feet to 33 feet.  
         b.      Terraces will be widened approximately five feet each from their current size. 
         c.      The 33‐foot  crossing path will not require bump‐outs for safe crossing; accordingly, 
                 bump‐outs are not recommended. 
         d.      A  left‐turn  lane  will  be  established  at  the  intersection  of  Terrace  Street  for  both 
                 Muskegon and Webster. 
         e.      Staff will review the Commission’s previous action regarding the traffic signals being 
                 removed with the elimination of turn lanes. 
      
     I recognize that this plan does not increase parking, but I do believe it accomplishes some of the 
     neighborhood’s priorities: 
      
         a.      Replacing the road surface 
         b.      Slowing traffic 
         c.      Narrowing the road width 
         d.      Increasing terraces 
         e.      Providing adequate parking for normal daily activity 
                  
5.   We  are  recommending  the  Commission  enter  into  a  1‐year  agreement  with  the  Prosecutor’s 
     Office for prosecuting local ordinances.  Later we will ask for a 6‐month extension on the current 
     Parmenter  O‐Toole  contract.    The  long‐term  goal  will  be  to  seek  proposals  for  both  of  these 
     services from one vendor.   
      
6.   We have reached a tentative agreement with Consumers Energy to settle our current tax tribunal 
     appeal.  The loss in value at the BC Cobb is great, but it is within the figures we budgeted.  We 
     have  negotiated  a  number  of  essential  services  payments,  and  plan  to  use  those  payments  to 
     maintain service levels during the three year agreement.  The expectation is to continue to work 
     with Consumers to ensure timely redevelopment of the property and continued use of the deep 
     water port. 

 
Date:    August 12, 2014
To:      Honorable Mayor and City Commissioners
From:    Ann Marie Cummings, City Clerk
RE:      Approval of Minutes




SUMMARY OF REQUEST: To approve minutes of the July 22nd City
Commission Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
                                        1




     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                          JULY 22, 2014
    CITY COMMISSION CHAMBERS @ 5:30 P.M.
                                 MINUTES

The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, July 22, 2014.
Mayor Gawron opened the meeting with prayer from Vice Mayor Spataro after
which the Commission and public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Gawron, Vice Mayor Lawrence Spataro,
Commissioners Eric Hood, Willie German, and Ken Johnson, City Manager
Franklin Peterson, City Attorney John Schrier, and City Clerk Ann Marie
Cummings.
Commissioner Byron Turnquist arrived at 5:35 p.m.
Absent: Commissioner Dan Rinsema-Sybenga (excused)
2014-53 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the July 7th Commission
Worksession Meeting, and the July 8th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
   C. Approval of Vinyl Siding Installers           for   Fiscal   Year   2014-2015.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve Community & Neighborhood Services to
sign a contract with Mark Tucker Construction, 1620 Fruitvale Rd., Holton, MI, and
Cutting Edge, 766 Chatterson Road, Muskegon, MI, to install vinyl siding at an
agreed price of $50 per building square for the Vinyl Siding Program’s 2014-2015
fiscal year.
The Community & Neighborhood Services office received one other bid from



                                                                                       1
vinyl siding installers: Schmidt Roofing and Construction, 552 W. Southern,
Muskegon, MI 49441: $85 per building square.
FINANCIAL IMPACT: Funding will be disbursed from the 2014-2015 Community
Development Block Grant Vinyl Siding fund.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the request.
      D. Approval of the Housing Development Grant Agreement for Target
         Market Analysis. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: The Cities of Muskegon, Norton Shores, Muskegon
Heights, along with the County of Muskegon, are interested in pursuing a Target
Market Analysis Study to forecast our future housing needs; this will enable each
City to have a tool for investors and developers and may lead to future
investment. The agreement is with MSHDA for a match up to $15,000 for this
study.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve and authorize the City Manager to sign
the Agreement and Designation Form.
      E. Hours at City Parks – Ordinance Amendment. CITY CLERK
SUMMARY OF REQUEST: Staff has found a discrepancy in the code of
ordinances for park hours. City parks have opened at 5:00 a.m. for many years.
Under the Uniform Traffic Code, Chapter 92-33, section 8.10(v), it inadvertently
list the park opening as 7:00 a.m.
The amendment would change subsection (v) to list the hours of the park as
being closed from the hours of 11:00 p.m. and 5:00 a.m.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:         Staff recommends approval of the ordinance
amendment.
(REQUIRES SECOND READING.)
      F. Michigan Irish Music Festival (MIMF) – Request to Serve Spirits at the
         Festival. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The Michigan Irish Music Festival has filed a special
event application for their annual festival to be held at Heritage Landing
September 11-14, 2014. They are requesting City Commission approval to serve
spirits (Jameson Irish Whiskey) at the festival, as follows:


                                                                                    2
      1. In measured 1.5 oz. servings over ice or mixed with ginger ale.
      2. At a tasting event on Saturday & Sunday, along with craft beer & cider
         tastings they have hosted in the past.
They have served liquor in the past (Baileys Irish Crème).
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the request.
      G. Vacation of the Alley between Vulcan Street and Brunswick Street, from
         Nims Street to Keating Avenue.           PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: Newkirk Electric at 1875 Roberts Street is requesting to
vacate the alley between Vulcan Street and Brunswick Street, from Nims Street
to Keating Avenue. They would then replat the alley so they can utilize it for
business operations.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends vacation of the street, with the
condition that all utility easement rights be retained.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
vacation of the alley at their July meeting.
Motion by Commissioner German, second by Commissioner Hood to accept the
Consent Agenda as read minus Item B.
ROLL VOTE: Ayes: Hood, Spataro, German, Turnquist, Johnson, and Gawron
            Nays: None
MOTION PASSES
2014-54 ITEM REMOVED FROM THE CONSENT AGENDA:
      B. Permanent Traffic Control Order. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to install “2 (two) hour parking” limit
signage from 8:30 a.m. to 5:30 p.m., where permissible to install, in the specified
downtown areas bordering 7th Street up to Terrace Street and from Shoreline
Drive to Muskegon Avenue, with the exception of 1st Street from Morris Street to
Western Avenue, per Traffic Control Work Order #15-(2014).
FINANCIAL IMPACT: Cost of signs/posts and man-power to install, if approved.
BUDGET ACTION REQUIRED: None.



                                                                                      3
STAFF RECOMMENDATION: Authorize DPW staff to install “2 (two) hour parking”
limit signs per Traffic Control Work Order #15-(2014).
Motion by Vice mayor Spataro, second by Commissioner German to authorize
DPW staff to install “2 (two) hour parking” limit signs per Traffic Control Work
Order #15-(2014).
ROLL VOTE: Ayes: Spataro, German, Turnquist, Johnson, Gawron, and Hood
            Nays: None
MOTION PASSES
2014-55 PUBLIC HEARINGS:
      A. Request for an Industrial Facilities Exemption Certificate – The Bold
         Companies. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, The
Bold Companies, 2291 Olthoff Drive, has requested the issuance of an Industrial
Facilities Tax Exemption Certificate. The total capital investment will be $403,031
in personal property and will create 20 jobs. This qualifies them for a tax
abatement of nine years under the current City policy.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of nine years for personal property.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.
Motion by Vice Mayor Spataro second by Commissioner Johnson to close the
Public Hearing and approve the resolution granting an Industrial Facilities
Exemption Certificate for a term of nine years for personal property for Bold
Companies, 2291 Olthoff Drive.
ROLL VOTE: Ayes: German, Turnquist, Johnson, Gawron, Hood, and Spataro
            Nays: None
MOTION PASSES
2014-56 NEW BUSINESS:
      A. Approval of Sale of City-Owned Property at 2279 Austin. COMMUNITY
         & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution and direct the Mayor and
Clerk to sign Quit Claim Deed to Mark and Christine Rice, of 2283 Austin, for the



                                                                                      4
property at 2279 Austin, including the garage. Mr. and Mrs. Rice will purchase it
for $700.
FINANCIAL IMPACT: The proceeds from the sale will be used to continue the
rehabilitation of vacant houses through the HOME program to sustain our
current investments to stabilize and revitalize neighborhoods.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct Community &
Neighborhood Services staff to file the Quit Claim Deed.
Motion by Commissioner Johnson, second by Vice Mayor Spataro to approve
the resolution and direct Community & Neighborhood Services staff to file the
Quit Claim Deed on 2279 Austin.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Spataro, and German
         Nays: None
MOTION PASSES
      B. Approval of Sale of City-Owned Home at 2035 Harding. COMMUNITY &
         NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution and instruct the Community &
Neighborhood Services Department to complete the sales transaction between
Ms. Sharon L. Williams for the rehabilitated home at 2035 Harding, which is part
of the City’s HOME Infill Program through the U.S. Department of Housing and
Urban Development. Ms. Williams purchase price is $85,000.
FINANCIAL IMPACT: The proceeds from the sale will be used to continue the
rehabilitation of vacant houses through the HOME program to sustain our
current investments to stabilize and revitalize neighborhoods.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the Community
& Neighborhood Services staff to complete the sale.
Motion by Commissioner Johnson, second by Commissioner German to
approve the resolution and direct Community & Neighborhood Services staff to
complete the sale.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Spataro, and German
            Nays: None
MOTION PASSES
      C. Concurrence with the Housing Board of Appeals Notice and Order to
         Demolish the Following: PUBLIC SAFETY



                                                                                    5
         1747 7th Street
         766 W. Southern
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they be demolished within 30 days by
the owner or agent or infraction tickets may be issued for noncompliance
and/or that administration may be directed to obtain bids for the demolition of
the structures and that the Mayor and City Clerk be authorized and directed to
execute a contract for demolition with the lowest responsible bidder.
FINANCIAL IMPACT: General Funds for 1747 7th Street and CDBG Funds for 766
W. Southern.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:        To concur with the Housing Board of Appeals
decision to demolish.
Motion by Vice Mayor Spataro, second by Commissioner Johnson to concur
with the Housing Board of Appeals notice and order to demolish 766 W.
Southern.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Spataro, German, and Turnquist
            Nays: None
MOTION PASSES
Motion by Vice Mayor Spataro, second by Commissioner German to concur
with the Housing Board of Appeals notice and order to demolish 1747 7th Street.
ROLL VOTE: Ayes: Gawron, Hood, Spataro, German, Turnquist, and Johnson
            Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:37 pm.


                                                Respectfully submitted,




                                                Ann Marie Cummings, MMC
                                                City Clerk




                                                                                  6
           Commission Meeting Date: August 12, 2014




Date:         August 6, 2014
To:           Honorable Mayor & City Commission
From:         Planning & Economic Development Department
RE:           Farmers’ Market- Third Amendment to Purchase
              Agreement


SUMMARY OF REQUEST: The City is waiting for the contractor’s lien period on the
Farmers’ Market to expire, so the property can be transferred from the DMDC to the
City free of any claims. This should occur in the near future. Therefore, a Third
Amendment to the Purchase Agreement is recommended to extend the closing date.
The Third Amendment allows for a 90-day extension. It is anticipated that the closing
will occur prior to that time. The Amendment allows for continued operation of the
Farmers’ Market prior to the official closing on the property, with the City “fully
responsible for any and all liability related to operating the farmers’ market” during
that time. The Closing is moved to November 8, 2014 or before.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: To approve the attached “Third Amendment to
Purchase Agreement” and authorize the City Manager’s signature (after the fact).
                                     THIRD AMENDMENT TO
                                     PURCHASE AGREEMENT

        This Amendment (“Amendment”) is made effective on ____________, 2014 (“Effective Date”)
by and between the City of Muskegon, a Michigan municipal corporation, with offices located at 933
Terrace Street, Muskegon, Michigan 49440 (“City”), and Downtown Muskegon Development
Corporation, a Michigan non-profit corporation, with offices located at 425 W. Western, Muskegon,
Michigan 49442 (“DMDC”). City and DMDC, may each be referred to as a “Party” or collectively as
“Parties”.

                                                Background

      A.       City and DMDC entered into a purchase agreement on August 13, 2013 (“Purchase
Agreement”) for certain Premises (as defined in the Purchase Agreement). The Premises are being sold
be DMDC to City for the purpose of operating a farmer’s market in downtown Muskegon.

        B.     The intent of the Purchase Agreement was to have a Closing (as defined in the Purchase
Agreement) upon the completion of construction of certain elements and structures by DMDC. The
farmer’s market opened on May 3, 2014, however, the Parties were not be able to close prior to such date.

        C.       The Parties now desire to move the Closing to on or before November 14, 2014, or such
other date mutually agreed upon by the Parties. During the time period between May 3, 2014 and the
Closing, the Parties desire for the City to operate the farmer’s market on the Premises.

     Therefore, for good and valuable consideration, and the mutual promises contained in this
Amendment, the Parties agree to amend Purchase Agreement as follows:

       1.      Closing. The Closing shall occur on or before November 14, 2014, or such other date
mutually agreed upon by the Parties.

        2.      Operations. From the date the farmer’s market opens on the Premises until Closing, the
City shall operate the farmer’s market (“Operations Period”). City shall have full use of the Premises
during the Operations Period.

          3.      Liability. During the Operations Period, City shall be fully responsible for any and all
liability on the Premises related to operating the farmer’s market. In addition, City shall include operating
the farmer’s market on its general liability insurance coverage. Notwithstanding the preceding, DMDC
shall be responsible for any liability on the Premises related to its actions, and the actions of its employees
or agents.

        4.     No Other Modification. Except as expressly modified by the terms of this Amendment,
the Purchase Agreement shall remain in full force and effect. In the event of any inconsistency or conflict
between the Purchase Agreement and this Amendment, the provisions of this Amendment shall govern
and control.

        The Parties have executed this Amendment as of the Effective Date.


                                [Signatures to appear on the following page]



C:\USERS\LINDA.POTTER\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET
FILES\CONTENT.OUTLOOK\H8NAZE4J\JI4395.DOCX
CITY:        City of Muskegon,
             a Michigan municipal corporation

By:
Name: Frank Peterson
Title: City Manager
Date: ____________ ___, 2014




DMDC:        Downtown Muskegon Development Company,
             a Michigan non-profit corporation

By:
Name:
Title:
Date: ____________ ___, 2014




C:\USERS\LINDA.POTTER\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET
FILES\CONTENT.OUTLOOK\H8NAZE4J\JI4395.DOCX
Date:        August 12, 2014
To:          Honorable Mayor and City Commissioners
From:        Engineering
RE:          MDOT-City Agreement for Muskegon & Webster


SUMMARY OF REQUEST:
Authorize staff to sign the agreement with Michigan Department of Transportation
accepting Priority Road funding to reconstruct Muskegon & Webster from 9th to
Spring and adopt a resolution naming the authorized staff.



FINANCIAL IMPACT:
None at this time as all elements of the projects are eligible for the awarded 3.3
million, however, some adjustments (needing more money) might be necessary as
we proceed with the design and evaluation of utility needs.



BUDGET ACTION REQUIRED:
Authorize staff to incorporate the project into the 2014/2015 budget.



STAFF RECOMMENDATION:
Authorize staff to sign the agreement/contract with the MDOT and adopt the
resolution naming the authorize staff.



COMMITTEE RECOMMENDATION:
                          RESOLUTION__________

RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE
MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF
MUSKEGON FOR THE RECONSTRUCTION OF MUSKEGON & WEBSTER
AVENUES BETWEEN 9TH STREET & SPRING STREET TOGETHER WITH
OTHER NECESSARY RELATED WORK ITEMS AND AUTHORIZATION FOR
MOHAMMED AL-SHATEL, CITY ENGINEER EXECUTE SAID CONTRACT

Moved by_____________________________________and supported by


Commissioner___________________________that the following Resolution be
adopted:

WHEREAS, entry by the City of Muskegon into Contract no. 2014-0854 between the
Michigan Department of Transportation and the City of Muskegon for the
reconstruction of Muskegon & Webster Avenues between 9th & spring within
the City is in the best interests of the City of Muskegon.

RESOLVED, that entry by the City into Contract Agreement Number 2014-0854 be
and the same is hereby authorized and approved and Mohammed AL-Shatel, City
Engineer is authorized to execute said contract for and on behalf of the City of
Muskegon.



Adopted this____________day of____________, 2014.

                                       BY

                                            Stephen J. Gawron, Mayor

                                       ATTEST

                                            Ann Cummings, City Clerk

                               CERTIFICATION

This resolution was adopted at a meeting of the City Commission, held on
____________, 2014. The meeting was properly held and noticed pursuant to
the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of
1976.
                                               CITY OF MUSKEGON

                                       By___________________________
                                            Ann Cummings, City Clerk
                                                             STATE OF MICHIGAN
      RICK SNYDER                             DEPARTMENT OF TRANSPORTATION                                                   KIRK T. STEUDLE
         GOVERNOR                                                                                                                DIRECTOR
                                                                   LANSING

                                                                 July 29, 2014


             Dear City of Muskegon:

                                                     MDOT CONTRACT 2014-0854
                                            Priority Road Investment Program Project (PRIP)


             Enclosed are the Contract(s) and other PRIP forms issued between your organization and the Michigan Department
             of Transportation. Please take the time to read and understand this Contract. If this Contract meets with your
             approval, please complete the following checklist, and return this checklist, the Contract and Exhibit A for each
             project as soon as possible. Upon its award you will receive an electronic scan for your files. The original
             signed Contract will be maintained in CSD files.

                               Please do not date the Contract. MDOT will date the Contract when it is executed. This
                               Contract is not executed until it has been signed by all parties. Upon all final approvals the
                               Contract will be sent to the MDOT Director for execution.

                               Secure the necessary signatures on the Contract.

                               Include a certified resolution/authorization. The resolution/authorization should specifically
                               name the officials who are authorized to sign the Contract. The resolution/authorization must be
                               submitted, even though you may have submitted one in the past.

                               Return the Contract with the certified resolution/authorization to the attention of Bill
                               Rottiers in the Bureau of Finance, Contract Services Division at the address at the bottom of
                               the page for MDOT execution. A scanned electronic copy of the executed Contract will be
                               forwarded to your attention via e-mail. Our street address for the use of an overnight carrier,
                               should you need it, is 425 W. Ottawa St., Lansing MI 48933.

             _______           Complete and return Exhibit A electronically by email to DoyleL@Michigan.gov or include
                               it with the signed Contract

                               Public Act 533 of 2004 requires that payments under this Contract be processed by electronic
                               funds transfer (EFT). The CONSULTANT is required to register to receive payments of EFT
                               at the Contract & Payment Express website (www.cpexpress.state.mi.us).

             _______           Upon completion of          the   project   complete    and   return   Exhibit   B   by   email   to
                               DoyleL@Michigan.gov


             If you have any questions regarding the Contract, please feel free to contact Bill Rottiers, Contract Administrator at
             (517) 373-2895 or by email at RottiersW@Michigan.gov. If you have any other questions please contact Larry
             Doyle, LAP Engineer at (517) 335-2233 or by email at DoyleL@Michigan.gov.


             Enclosures: 3




                                    MURRAY D. VAN WAGONER BUILDING • P.O. BOX 30050 • LANSING, MICHIGAN 48909
                                                       www.michigan.gov • (517) 373-2090
LH-LAN-0 (01/11)
Date:         July 31st, 2014

To:           Honorable Mayor and City Commissioners

From:         Director of Public Safety Jeffrey Lewis

RE: Prosecution Services for Muskegon Police Department


SUMMARY OF REQUEST:

The Director of Public Safety requests that the City Commission review and authorize
the proposed contract for prosecutorial services required for the police department as
it relates to civil infractions and misdemeanor ordinance cases generated by
Muskegon Police Department during enforcement efforts. The service time of this
proposed contract will be for a one (1) year period, expiration date of July 31st, 2015.

Request for prosecutorial service letters were sent to; two (2) law firms on June 10th,
2014 outlining the terms and conditions of said services to be provided. Parameter
O’Toole & Muskegon County Prosecutor Office both responded (see attachments for
details of services and costs).

The Muskegon County Prosecutor forwarded a “flat rate” fee of $75,000.00, which is
a savings over the contract that is now in place with the prosecutor’s office.
Parmenter O’Toole offered a “flat rate” fee of $90,000.00. Parmenter O’Toole added
additional information that all other city matters would be handled at the current rate
until year 2017; information was received, but not considered in the decision to select
a firm for specific prosecutorial services.

FINANCIAL IMPACT:

Positive impact - proposal forwards a savings over 20% over current legal
expenditures for civil infractions & misdemeanor representation.

BUDGET ACTION REQUIRED:

N/A

STAFF RECOMMENDATION:

Staff recommends approving Muskegon County Prosecutor’s Proposal.
Date:         August 12, 2014
To:           Honorable Mayor and City Commissioners
From:         City Manager
RE:           Property Tax Settlement Agreement with
              Consumers Energy B.C. Cobb Plant


SUMMARY OF REQUEST: The City and Consumers Energy wish to avoid any
additional cost of a tax appeal before the Michigan Tax Tribunal. Staff has come to a
tentative agreement with Consumers to stipulate a true cash value for the property
located at 151 North Causeway. Attached is a property tax settlement agreement
that states the following:

2014 Assessed Value agreed to - $24,000,000

2015 Assessed Value agreed to - $20,000,000

2016 Assessed Value agreed to - $11,000,000

In recognition of the ongoing financial cost to the City for essential services,
Consumers will make the following payments:

$100,000 on October 1, 2014

$100,000 on July 1, 2015

$25,000 on July 1, 2016

These payments are conditioned upon the City’s compliance with all other provisions
of the agreement, including payment of any refunds and interest owed under the
Stipulation for Entry of Consent Judgment.

FINANCIAL IMPACT: None. This is a budgeted item.

BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION:              To authorize the Mayor and Clerk to sign the
agreement as written.
                                                              CONSUMERS ENERGY DRAFT
                                                                             08/6/2014


                      PROPERTY TAX SETTLEMENT AGREEMENT
                        CONSUMERS ENERGY B.C. COBB PLANT

       This Agreement is made effective as of                    , 2014 (the "Effective Date"),
between City of Muskegon, a Michigan municipal corporation with its principal office at 933
Terrace, Muskegon, Michigan ("City"), and Consumers Energy, a Michigan corporation with its
principal office at One Energy Plaza, Jackson, Michigan, 49201-2277 (“Consumers Energy”).

       1.      Recitals.

        1.1    Property Ownership. Consumers Energy presently owns various parcels of real
and personal property in the City. Consumers Energy owns real property, including land, a coal-
fired power plant and other related improvements with an address of 151 North Causeway,
Muskegon, Michigan. The real property located at this address is subject to assessment by the
City under parcel number 61-24-117-300-0001-00 and is the location of the B.C. Cobb Power
Plant (the “Plant”).

        1.2     Plant Closing. As of the date of this agreement, the Plant does not have Selective
Catalytic Reduction, Activated Carbon Injection, Flue Gas Desulfurization, or carbon
sequestration technologies. Under federal and/or state environmental regulations, some or all of
these technologies would be required for continued operation beyond April of 2016. As a direct
result of these environmental regulations, and because it is not economic to retrofit the Plant with
these technologies, Consumers Energy announced that it intends to idle the Plant by April of
2016.

       2.      Valuation for Real Property taxes. On or around May of 2014, Consumers
Energy timely filed a tax appeal before the Michigan Tax Tribunal challenging the 2014 Tax
Year true cash value, assessed value, and taxable value. The case is captioned as Consumers
Energy v. City of Muskegon, MTT Docket No. 14-002061-TT. Both parties desire to avoid the
additional cost of any tax appeal during the remaining period until the scheduled closing of the
Plant. To that end, City and Consumers Energy hereby agree to stipulate a True Cash Value for
the property located at 151 North Causeway and subject to assessment under parcel number 61-
24-117-300-0001-00, including the Plant, of $24,000,000 as of December 31, 2013, $20,000,000
as of December 31, 2014, and $11,000,000 as of December 31, 2015. The parties agree that a
2014 Stipulation for Entry of Consent Judgment, attached as Exhibit B, must be entered by the
Tax Tribunal in order to execute this agreement.

        3.      Essential City Services. In recognition of the ongoing financial cost to the City
for the provision of essential city services, Consumers Energy will make the following payments
to the City: $100,000 on October 1, 2014, $100,000 on July 1, 2015 and $25,000 on July 1, 2016.
These payments are conditioned upon the City’s compliance with all other provisions of this
agreement, including payment of any refunds and interest owed under the Exhibit B Stipulation
for Entry of Consent Judgment.
       4.      Miscellaneous.

       4.1    Governing Law. This Agreement is executed in accordance with, shall be
governed by, and construed and interpreted in accordance with the laws of the State of Michigan.

        4.2    Entire Agreement. This Agreement shall constitute the entire agreement, and
shall supersede any other agreements, written or oral, that may have been made or entered into,
by and between the parties with respect to the subject matter of this Agreement and shall not be
modified or amended except in a subsequent writing signed by the party against whom
enforcement is sought.

       4.3    Binding Effect. This Agreement shall be binding upon, and inure to the benefit
of and be enforceable by, the parties and their respective legal representatives, permitted
successors and assigns.

        4.4      Interpretation. City and Consumers Energy each agree that this Agreement was
drafted and negotiated by both of them so neither party will have its terms construed against it as
the drafter of this Agreement.

        4.5     Effective Date. The Effective Date of this Agreement shall be the date upon
which the last of the parties identified below executes this Agreement and that date will be
inserted in the introductory sentence to this Agreement.


       City of Muskegon                                     Consumers Energy Company


       By:                                                  By:
       Name: Stephen Gawron                                 Name: Theodore J. Vogel
       Title: Mayor                                         Title: Vice President & Chief Tax
       Date: ______________, 2014                                  Counsel
                                                            Date: ______________, 2014

       By:
       Name: Ann Marie Becker
       Title: City Clerk
       Date: ______________, 2014


       By:
       Name: Donna VanderVries
       Title: City Assessor
       Date: ______________, 2014



                                              2
                             STATE OF MICHIGAN
              DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
                  MICHIGAN ADMINISTRATIVE HEARING SYSTEM
                          MICHIGAN TAX TRIBUNAL


CONSUMERS ENERGY COMPANY,
    Petitioner,

v                                                   MTT Docket No. 14-002061

MUSKEGON,
      Respondent.
_____________________________/

                 STIPULATION FOR ENTRY OF CONSENT JUDGMENT

1.     The case is pending in the X Entire Tribunal OR __ Small Claims Division.

2.     Property Parcel No: 61-24-117-300-0001-00.

3.     The values for the property identified above as established by
       Respondent’s Board of Review are:
     Tax            True Cash                Assessed                 Taxable
     Year             Value                   Value                    Value
     2014          $40,000,000             $20,000,000             $20,000,000


4.     The values for the property identified above as stipulated by the parties
       for settlement purposes are:
     Tax            True Cash             State Equalized             Taxable
     Year             Value                    Value                   Value
     2014          $24,000,000             $12,000,000             $12,000,000


5.     If stipulation addresses tax years other than the tax year originally
       appealed or tax years added through motions to amend that have been
       granted by the Tribunal, list the separate facts upon which the parties rely
       to invoke the Tribunal’s authority over those tax year or years (attach
       additional page if necessary):


6.     List separately any special terms or conditions being proposed by the
       parties that would affect the execution of this Consent Judgment
MTT Docket No. 14-002061
Entire Tribunal Consent Judgment

       including, but not limited to, the joint payment of the refund, the waiver of
       interest, etc.:

              IT IS FURTHER ORDERED AND ADJUDGED that refunds shall be
              made payable to the Petitioner, Consumers Energy
              Company, and sent to Brian VanBlarcum, Corporate Tax –
              Property Tax, One Energy Plaza, Jackson, MI          49201.
              Calculations of the refund amount shall also be sent to the
              same address.



HONIGMAN MILLER
SCHWARTZ AND COHN LLP                           PARMENTER O'TOOLE
Attorneys for Petitioner,                       Attorneys for Respondent,


By: _______________________________             By: _____________________________
    Steven P. Schneider (P46605)                     John Schrier, Esq. (P31556)
    660 Woodward Avenue                              601 Terrace Street
    2290 First National Bldg.                        Muskegon, MI 49440-
    Detroit, Michigan 48226-3506                     (231) 722-1621
    (313) 465-7544

Dated: August __, 2014                          Dated: August __, 2014



By: _______________________________
    Carolee Kvoriak Cameron (P57484)
    Senior Tax Attorney for CMS Energy Corp
    One Energy Plaza
    Jackson, MI 49201
    (517) 788-2209

Dated: August __, 2014
                                        City of Muskegon                        [8-6-14 revision]
                                 Muskegon County, Michigan
                               Ordinance Amendment No. _____


THE CITY OF MUSKEGON HEREBY ORDAINS:

Chapter 34, Article IV of the Code of Ordinances of the City of Muskegon, Michigan is amended
in its entirety, replacing sections 34-101 through 34-115 with the following:

Sec. 34-101. Purpose and Intent.

         It is the intent of this ordinance to give effect to the intent of Initiated Act 1 of 2008,
MCL 333.26421, et seq, (the Act) as approved by the electors, and not to determine and establish
an altered policy with regard to marihuana. The act authorizes a narrow exception to the general
rule and state policy that the cultivation, distribution, and use of marihuana amount to criminal
acts. It is the further intent of this ordinance to protect the public health, safety, and general
welfare of persons and property, and to issue licenses. It is the further intent of this ordinance to
comply with the Act while concurrently attempting to protect the health, safety, and welfare of
law enforcement officers and other persons in the community, and also to address and minimize
reasonably anticipated secondary effects upon children, other members of the public, and upon
significant areas of the community, that would be reasonably expected to occur in the absence of
the provisions of this ordinance. This ordinance is designed to recognize the fundamental intent
of the Act to allow the creation and maintenance of a private and confidential patient-caregiver
relationship to facilitate the statutory authorization for the limited cultivation, distribution, and
use of marihuana for medical purposes; and to regulate around this fundamental intent in a
manner that does not conflict with the Act so as to address issues that would otherwise expose
the community and its residents to significant adverse conditions, including the following:
adverse and long-term influence on children; substantial serious criminal activity; danger to law
enforcement and other members of the public; discouragement and impairment of effective law
enforcement with regard to unlawful activity involving the cultivation, distribution, and use of
marihuana; the creation of a purportedly lawful commercial enterprise involving the cultivation,
distribution and use of marihuana that is not reasonably susceptible of being distinguished from
serious criminal enterprise; and, the uninspected installation of unlawful plumbing and electrical
facilities that create dangerous health, safety, and fire conditions.

        This ordinance permits authorization for activity based on the Act. Nothing in this
ordinance shall be construed as allowing persons to engage in conduct that endangers others or
causes a public nuisance, or to allow use, cultivation, growth, possession or control of marihuana
not in strict accordance with the express authorizations of the Act and this ordinance; and,
nothing in this ordinance shall be construed to undermine or provide immunity from federal law
as it may be enforced by the federal or state government relative to the cultivation, distribution,
or use of marihuana. Thus, the authorization of activity, and the approval of a license under this
ordinance shall not have the effect of superseding or nullifying federal law applicable to the
cultivation, use, and possession of marihuana, and all applicants and grantees of licenses are on
notice that they may be subject to prosecution and civil penalty, including forfeiture of property.

                                                  1
Sec. 34-102. Definitions.

Act means Initiated Law of 2008, MCL 333.26421, et seq., and Michigan Administrative Rules,
R 333.101, et seq.

Department means the State of Michigan Department of Community Health.

Dispensary means one or more primary caregivers growing, storing, delivering, transferring,
and/or providing qualifying patients with Medical marihuana out of a building or structure.

Qualifying patient or patient means a person as defined under MCL 333.26423(h) of the Act,
who has been issued and possesses a Registry Identification Card under the Act.

Primary caregiver or caregiver means a person as defined under MCL 333.26423(g) of the Act,
and who has been issued and possesses a Registry Identification Card under the Act.

Registry Identification Card means the document defined under MCL 333.26423(i) of the Act.

Distribution means the physical transfer of any amount of marihuana in any form by one person
to any other person or persons, whether or not any consideration is paid or received.

Distributor means a primary caregiver who engages in any one or more acts of Distribution.

Facility or Premises means a commercial business having a separate or independent postal
address, one private office having a separate or independent postal address, one single family
residence having a separate or independent postal address, one apartment unit having a separate
or independent postal address, one condominium unit having a separate or independent postal
address, or one free-standing industrial building having a separate or independent postal address.

Medical Marihuana Home Cultivation Operation means the cultivation of marihuana by a
registered patient within a single family dwelling that is the registered patient’s primary
residence and which cultivation is in conformity with the restrictions and regulation contained in
the Act.

Marihuana means the substance or material defined in section 7106 of the public health code,
1976 PA 368, MCL 333.7106.

Principal residence means the place where a person resides more than half of the calendar year.

Sec. 34-103. Licensure requirements.

               (1)     The cultivation of marihuana by a caregiver or any other person permitted
       under the Act, and the provision of caregiver services relating to medical marihuana use,
       shall be permitted in accordance with the Act. No cultivation, distribution, and other
       assistance to patients shall be lawful in this community at a location unless and until such



                                                2
      location for such cultivation, distribution, and assistance shall have been licensed under
      this ordinance.

              (2)     The license requirements set forth in this chapter shall be in addition to,
      and not in lieu of, any other licensing and permitting requirements imposed by any other
      federal, state or local law.


              (3)     Each caregiver operating at a facility or dispensary shall obtain a separate
      license prior to operating.

             (4)     The following locations shall require licensure:

                     (a) A facility used for the cultivation of marihuana by caregivers or
                         patients permitted under the Act;
                     (b) A dispensary or facility used for distribution;
                     (c) Any facility used to provide any other assistance to patients by
                         caregivers permitted under the Act relating to medical marihuana;
                     (d) A location other than a patient’s principal residence where a patient
                         cultivates or uses marihuana exclusively for such patient’s personal
                         consumption.
                     (e) The principal residence of a patient where marihuana is cultivated or
                         used exclusively for such patient’s personal consumption.

             (5)     Operating as a primary caregiver is prohibited in a residence.

              (6)     Any portion of the structure where energy usage and heat exceeds typical
      residential use, such as a grow room, and the storage of any chemicals such as herbicides,
      pesticides, and fertilizers shall be subject to inspection and approval by the fire
      department to insure compliance with the City’s adopted International Fire Code.

              (7)    The premises shall be open for inspection upon request by the City’s
      appointed inspectors, building officials, fire department, and/or law enforcement officials
      for compliance with all applicable laws and rules, during the stated hours of operation/use
      and as such other times as anyone is present on the premises.

Sec. 34-104. Application for license.

              (1)       An application for an annual license or renewal under this section shall be
      submitted to the City Clerk. A license shall be issued or renewed upon payment of the
      required fee and submission of a completed application in compliance with the provisions
      of this article, and compliance with all provisions and requirements of this article.

              (2)    An application renewal shall be submitted annually. Application to renew
      a license under this ordinance shall be filed at least 30 days prior to the date of expiration.
      Such renewal shall be accompanied by the annual fee.


                                                 3
       (3)     An application shall include the names of all caregivers operating in the
same facility or on the same premises, with proof of registration, including current
Registry Identification Card, pursuant to the Act.


        (4)    The applicant and all Registry Identification Card holders shall not have
any felony convictions within the past ten years and shall not have ever been convicted of
a felony involving illegal drugs or a felony that is an assaultive crime as defined in
section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a. If
a criminal background check reveals any such felony conviction, no license shall be
issued and/or an existing license shall be revoked.


        (5)    The application shall include the marihuana facility history of the
applicant; whether such person has had a business license revoked or suspended, the
reason therefore, and the business activity or occupation subsequent to such action of
suspension or revocation.


       (6)     No license shall be issued and/or an existing license may be revoked if
applicant or business owes to the City any outstanding back taxes, fines, fees or liens.


        (7)     Applications shall include the address of the precise premises at which
there shall be possession, cultivation, distribution or other assistance in the use of
marihuana.


       (8)     If the premises are rented and not owned by the applicant, the
landlord/owner of the premises must sign the application acknowledging that they are
aware of the legal growth, storage and/or distribution of medical marijuana on the
premises.


        (9)    Specify the name and address of the place where all unused portions of
marihuana plants cultivated in connection with the use of marihuana or caregiver activity
at the premises shall be disposed.


        (10) Describe the enclosed, locked facility in which any and all cultivation of
marihuana is proposed to occur, or where marihuana is stored, with such description
including: location in building, precise measurements in feet, of the floor dimensions and
height; the security device for the facility; and in the case of facilities with more than one
primary caregiver, the name of the single primary caregiver designated to solely oversee
and have access to each separate enclosed, locked facility.




                                          4
             (11) Describe all locations in the premises where a caregiver or other person
      authorized under the Act shall render assistance to a qualifying patient.


              (12) Specify the number of patients to be assisted by each caregiver, including
      the number of patients for whom marihuana is proposed to be cultivated, and the number
      of patients to be otherwise assisted on the premises, and the maximum number of plants
      to be grown or cultivated at any one time.


             (13) For safety and other code inspection purposes, it shall describe and
      provide detailed specifications of all lights, equipment, and all other electrical, plumbing,
      and other means proposed to be used to facilitate the cultivation of marihuana plants.


              (14) The initial application fee and renewal fees shall be established by special
      resolution of the City Commission; thereafter they shall be established by annual budget
      resolution of the City Commission.


              (15) In the case of corporations, partnerships, non-profit organizations, or other
      business types, the applicant shall be the highest level official or employee of the entity
      such as, board President, Chief Executive Officer, Executive Director, or comparable
      position.


              (16) If the applicant is a corporation, a copy of the articles of incorporation and
      current corporation records disclosing the identity and residential addresses of all
      directors, officers, and shareholders shall be included. Include the address of the
      corporation itself, if different from the address of the marihuana dispensary or
      growing/manufacturing facility and the name and address of the resident agent for the
      corporation.

              (17) If the applicant is a partnership, the names and residence address of each
      of the partners and the partnership itself, if different from the address of the marihuana
      dispensary or growing/manufacturing facility, and the name and address of the resident
      agent.

Sec. 34-105. Number of Marijuana Plants.

            (1)     In a patient’s principal residence, there shall be not more than twelve
      marihuana plants per licensed patient being cultivated at any one time.

              (2)     At a facility at which a caregiver cultivates marihuana for use by patients,
      there shall not be more than twelve marihuana plants being cultivated at any one time per
      patient, and in no event more than seventy-two marihuana plants being cultivated at any
      one time per caregiver (which assumes cultivation for five patients, plus an additional

                                                5
       twelve plants if the caregiver is also a patient that has not designated a caregiver to assist
       in providing medical marihuana).

Sec. 34-106.          Locations

              (1)      Facilities used by a primary caregiver are permitted in the following
       zoning districts: B-2, B-3, B-4, B-5, MC, I-1 and I-2.

               (2)   No facility may be located within 1,000 feet of a preschool, elementary
       school, middle school or high school. Measurements for purposes of this section shall be
       made from property boundary to property boundary.

Sec. 34-107.          No Signs or Advertising.

               (1)    The distribution of marihuana is generally unlawful, and the Act does not
       authorize any activity such as a “dispensary.” Reading the Act as a whole, the activities
       of caregivers are interpreted as being limited to private and confidential endeavors.
       Moreover, the location and identity of a caregiver may be readily known to his or her
       patients. Accordingly, there shall be no signage identifying a facility, dispensary or any
       place where a caregiver is operating.

              (2)      Unless conducted as part of a related licensed professional medical or
       pharmaceutical practice, caregiver activity shall not be advertised as a “clinic,”
       “hospital,” “dispensary,” or other name customarily ascribed to a multi-patient
       professional practice.

Sec. 34-108. Primary caregiver operations.

The following additional standards shall apply to all primary caregiver operations:

               (1)    Shall not be operated from a business which sells alcoholic beverages.

                (2)     The establishment shall be designed, operated, and maintained at all times
       consistent with responsible business practices and so that no excessive demands shall be
       placed upon public safety services, nor any excessive risk of harm to the public health,
       safety, or sanitation, interference with vehicular or pedestrian traffic or parking, or the
       continuance or maintenance of any unlawful conduct, public nuisance, or disorderly
       conduct either within the establishment or on or about the adjacent businesses and public
       streets, alleys, parks, parking facilities, or other areas open to the public. The
       establishment shall make reasonable effort to report to authorities any unlawful conduct
       that is observed from the premises.


               (3)    No drive-through facilities shall be permitted.




                                                  6
              (4)    All transfers and deliveries of medical marihuana to qualifying patients
       must occur within the structure out of public view.

                (5)   The consumption of medical marihuana on the premises is prohibited.

Sec. 34-109. Medical Marihuana Home Cultivation Operation.

        In addition to the requirements of home occupations outlined in the City’s zoning
ordinance, patients who chose to cultivate their own medical marijuana at home shall be subject
to the following requirements:

                (1)   All use of marijuana on the premises shall comply with the Act at all
       times.

                (2)     All medical marijuana shall be contained within an enclosed, locked
       facility inside a primary or accessory building.


               (3)    All necessary building, electrical, plumbing and mechanical permits shall
       be obtained for any portion of the building in which electrical wiring, lighting, storage
       and/or watering devices that support the cultivation, growing or harvesting of marihuana
       are located.


               (4)     The City Clerk shall coordinate electrical, fire, mechanical, plumbing
       inspectors (and any other inspector(s) deemed necessary under the circumstances) with
       regard to site of such cultivation for the purpose of determining whether all lights,
       plumbing, equipment, and all other means used to facilitate the cultivation of marihuana
       plants is in accordance with all applicable codes.


              (5)     If a room with windows is utilized as a growing location, any lighting
       methods that exceed usual residential levels between the hours of 11 pm and 7am shall
       employ shielding methods, without alteration to the exterior of the residence, to prevent
       ambient light spillage that may create a distraction for adjacent residential properties or
       vehicles on adjacent right of ways.

Sec. 34-110.          Use of land in accordance with approved application.

               (1)     If approved, all use of property shall be in accordance with an approved
       license application, including all information and specifications submitted by the
       applicant in reliance on which the application shall be deemed to have been approved.

               (2)     Any facility that exists on the effective date of this ordinance shall cease
       operations and may make application for and receive approval to continue to operate. An
       application for such existing operations must be filed within fifteen days following the
       effective date of this ordinance.

                                                 7
Sec. 34-111.          No Vested Rights

        A property owner shall not have vested rights or nonconforming use rights that would
serve as a basis for failing to comply with this ordinance or any amendment of this ordinance.

Sec. 34-112. Effect of license; suspension; penalties; daily violation.

               (1)     A license is valid only for the location identified on the license and cannot
       be transferred to another location within the city without a new application.

               (2)    A license does not prohibit prosecution by the federal government of its
       laws or prosecution by state authorities for violations of the Act or other violations not
       protected by the Act.


              (3)     Compliance with city ordinances and state statutes is a condition of
       maintenance of a license and a license may be suspended for cause pursuant to the
       provisions of this chapter.


               (4)     Suspension of a license is not an exclusive remedy and nothing contained
       herein is intended to limit the city’s ability to prosecute code violations that may have
       been the cause of the suspension or any other code violations not protected by the Act.


                (5)    Each day that a person shall conduct a primary caregiver operation or
       Medical Marihuana Home Cultivation Operation without a license or allow, operate, or
       assist in said operation shall constitute a separate offense.


               (6)    A violation of any section of this article is a misdemeanor.


Sec. 34-113.          Non-renewal revocation.

       The City Clerk may choose to not renew or to revoke a license based on any of the
following:

               (1)     A failure to meet the conditions or maintain compliance with the standards
       established by this division in reference to applications for a new license or the renewal
       of an existing license; or

               (2)     One or more violations of any city ordinance, state or federal law or
       regulation, on the premises; or



                                                 8
               (3)     Maintenance of a nuisance on the premises; or


             (4)    A demonstrated history of excessive calls for public safety (police, fire,
       and EMS) originating from the premises, being three or more calls in any 30 day period;
       or


              (5)    Nonpayment of real and/or personal property taxes, fines, fees or liens
       owed to the City; or


               (6)     Failure to comply with any City adopted building or fire codes.

Sec. 34-114.           Appeals Process

        If an applicant or licensee chooses to appeal denial of a license or revocation of a license,
the applicant or licensee can enter in a written appeal to the City Clerk’s office using a city
generated form including the appellants signature, the requirement or decision from which the
appeal is made, and shall state the specific grounds on which the appeal is based. Appeals shall
be filed within 30 days of the decision in question. City Commission shall consider the appeal
within 30 days of the receipt of the appeal.

Sec. 34-115.           Severability

        If any clause, sentence, section, paragraph, or part of this ordinance, or the application
thereof to any person, firm, corporation, legal entity, or circumstances, shall be for any reason
adjudged by a court of competent jurisdiction to be unconstitutional or invalid, such judgment
shall not effect, impair, or invalidate the remainder of this ordinance and the application of such
provision to other persons, firms, corporation, legal entities, or circumstances by such shall be
confined in its operation to the clause, sentence, section, paragraph, or part of this ordinance
thereof directly involved in the case or controversy in which such judgment shall have been
rendered and to the person, firm, corporation, legal entity, or circumstances then and there
involved. It is hereby declared to the legislative intent of this body that the ordinance would
have been adopted had such invalid or unconstitutional provisions have not been included in this
ordinance.




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