City Commission Packet 10-28-2014

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       CITY OF MUSKEGON
          CITY COMMISSION MEETING
                             OCTOBER 28, 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. Sodium Hypochlorite Storage Tank #2 Repairs. PUBLIC WORKS
        C. Amendment to the Zoning Ordinance.                             PLANNING & ECONOMIC
           DEVELOPMENT
        D. Consulting Services with Michigan Municipal League.                                AFFIRMATIVE
           ACTION & RISK MANAGEMENT
        E. Ground Lease and Option to Purchase for Nims Neighborhood Park
           Playground. PLANNING & ECONOMIC DEVELOPMENT
        F. Marketing and Image. CITY MANAGER
□ 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 Meeting

Date:   October 23 2014

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

1.      Under the consent agenda, we are asking the Commission to accept the recommendation of the
        Planning Commission to expand the zoning districts for medical marihuana businesses.
2.      We are asking for permission to engage the Michigan Municipal League to assess our currently
        active staff positions, and write new job descriptions for each position that better-reflects the
        realities of our organizational structure today. Over the past decade or more, many positions
        have changed or combined with other positions, and this will give us a better understanding of
        each employee’s primary and secondary functions. I expect this will also help us from a
        recruiting aspect, as it will help us better-identify the skills/traits needed to adequately fill any
        vacant positions. I am recommending that we utilize the MML for this service, as I have used
        them for such a project in the past; they are in the best position to provide relevant and
        accurate information and recommendation on public sector employment trends in Michigan.
3.      We are asking the Commission to authorize the lease of land to the NIMS neighborhood
        association for the purpose of installing a neighborhood park.
4.      We are asking the Commission to authorize a budget of $20,000 for image-related activities.
        We expect the budget to be spent on developing and implementing a marketing strategy,
        refreshing some entry way signage, and partnering with other agencies like the CVB and the
        Chamber of Commerce, as well as with private businesses, to better market our community to
        its residents and visitors. We have already secured some partnerships, and fully expect to
        leverage more dollars from the community to have the far greater impact than $20,000.

If there are questions on any agenda items, please try to let staff know in advance, and we will be sure
to have the appropriate data/research available at the meeting.
Date:    October 28, 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 October 13th
Commission Worksession Meeting, and the October 14th City
Commission Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
                                       City of Muskegon
                                 City Commission Worksession
                                        October 13, 2014
                                  City Commission Chambers
                                            5:30 PM

                                          MINUTES

2014-76
Present: Commissioners Hood, German, Rinsema-Sybenga, Gawron, Johnson, Turnquist, and
Spataro.
Absent: None.

Muskegon Bike Time – Request for a 5-Year Commitment for Bike Time 2015-2019.
Muskegon Bike Time has submitted a request for a five-year commitment from the City to host
Bike Time downtown. There are no major changes from the way Bike Time has operated in the
past. This year, 2014, was the first year that Bike Time was operated by a local group and they
are requesting a 5-year agreement to make planning the event easier.

This item has been placed on the October 14, 2014 City Commission meeting for consideration.

Taser (X26-P) Units for the Police Department.
The Director of Public Safety requests the City Commission review and authorize the purchase
and implementation of the “Taser x26p” force continuum tool (less than lethal device). The
police department is submitting a request for the purchase of twenty-five (25) units (safety
yellow), and accessories. The department currently does not have a force continuum tool with
the exception of “impact weapons” and “CS gas” (spray). The department believes risk to
citizens and police officers may be reduced and research supports a reduction in excessive force
claims. The purchase and implementation will be coordinated with officer training, department
policy, followed up by “use of force reporting” and supervisory review on all TASER
activations.

This item has been placed on the October 14, 2014 City Commission meeting for consideration.

Any Other Business.

West Michigan Lake Hawks – City Support.
After a successful season in 2013, the West Michigan Lake Hawks have requested assistance
from the City of Muskegon for their 2014 Season. Staff has proposed providing financial
assistance through the purchase of game tickets, which would be provided to local groups
working with youth (similar to the arrangement with the Muskegon Lumberjacks). The majority
of games for the season will be played at the Muskegon Heights and Reeths Puffer High Schools.
However, staff has suggested the team attempt to get at least one game at Muskegon High
School (in which case additional funds may be needed for the higher cost of the facility).

Staff recommends the City Commission consider purchasing 20 tickets at $10 each for each
home game (13 games this season) for a total of $2,600; as well as 20 additional tickets if they
are able to secure the Muskegon Public High School (MPHS) for a game (additional $200). In
addition, if the MPHS is secured, it is recommended the City finance the difference in costs from
the other venues (cost over $500); possibly to be shared by MPS.

This item has been placed on the October 14, 2014 City Commission meeting for consideration.
City Commission Rules and Procedures
Vice Mayor Spataro reviewed some of the rules and procedures with Commissioners.
Commissioner Turnquist reiterated the need for Commissioners to be recognized by the Chair
before speaking.

Adjournment.
Motion by Commissioner Hood, seconded by Commissioner Rinsema-Sybenga to adjourn
at 6:48 p.m.

                                                                       MOTION PASSES



                                                         ____________________________
                                                          Ann Marie Cummings, MMC
                                                                  City Clerk
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                     OCTOBER 14, 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, October 14, 2014.
Mayor Gawron opened the meeting with prayer from Mr. George Monroe from
the Evanston Avenue Baptist Church after which the Commission and public
recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Gawron, Vice Mayor Lawrence Spataro,
Commissioners Ken Johnson, Eric Hood, Willie German, Dan Rinsema-Sybenga,
and Byron Turnquist, City Manager Franklin Peterson, City Attorney John Schrier,
and City Clerk Ann Marie Cummings.
2014-77 INTRODUCTIONS/PRESENTATION:
      A. Recognition of JAAR Partnerships Participation in the Third Annual
         “GOOD BUDDY BUCKS” Program.
Public Safety Director Jeffrey Lewis and Mayor Gawron thanked JAAR
Partnerships for their participation in the Third Annual “Good Buddy Bucks”
Program.
      B. Muskegon Police Department Citizen Certificate of Appreciation for
         Christopher Johnson.
Public Safety Director Jeffrey Lewis presented Citizen Certificate of Appreciation
to Christopher Johnson.
      C. Muskegon Police Department Citizen Certificate of Appreciation for
         Joel Erndteman.
Public Safety Director Jeffrey Lewis presented Citizen Certificate of Appreciation
to Joel Erndteman.
2014-78 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK




                                                                                     1
SUMMARY OF REQUEST:       To approve minutes of the September 23rd City
Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
     B. Assistance to Firefighters Grant Program – Fire Prevention.     PUBLIC
        SAFETY
SUMMARY OF REQUEST: The Director of Public Safety requests that the City
Commission review and authorize the acceptance of the Fire Prevention Grant
offering (Smoke Alarms). The Muskegon Fire Department submitted and
received $10,000 (match of 5%) to purchase approximately 1,000 Home Smoke
Alarms (lithium-ion battery operated – ten year warranty). The alarms will be
offered to the residents of Muskegon which requires they submit a “home
survey” to the NFPA before reception. The alarms will be purchased through
Home Depot (Muskegon) that offered a special price offering of $10.05 each.
FINANCIAL IMPACT: $500 supplies as a match to the grant.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of acceptance of the
Fire Prevention Grant.
     C. West Michigan Metropolitan Transportation Planning Program
        (WestPlan) Dues FY2015 (October 1, 2014-September 30, 2015). CITY
        MANAGER
SUMMARY OF REQUEST: To approve the City of Muskegon’s portion of the
WestPlan dues, payable to West Michigan Shoreline Regional Development
Commission.      The agency determines projects and distributes federal
transportation funds.
FINANCIAL IMPACT: $16,040.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve this request.
COMMITTEE RECOMMENDATION:         Commissioner       Turnquist,   who   is   our
representative on WMSRDC, recommends approval.
     D. Donation Programs for M-1040 Individual Income Tax Returns.
        TREASURER/INCOME TAX
SUMMARY OF REQUEST: Approval of multiple donations programs for the
Muskegon M-1040 income tax returns. Every year our goal is to increase the
number of refunds donated to our designated programs. Last year, 410
taxpayers donated their refunds to our donation programs for a grand total of



                                                                                   2
$2,414.
The three designated donation programs for the M-1040 income tax returns will
be the Lakeshore Trail Improvements, Muskegon Farmer’s Market Capital
Improvement Fund and the Downtown Muskegon Now.
FINANCIAL IMPACT: Each donated refund saves the City approximately $1.25 in
checks, fees, and postage.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval recommended.
      E. Policy for Public Inspection and Copying of Assessing Records. CITY
         CLERK
SUMMARY OF REQUEST: The State requires all jurisdictions to have a policy for
inspection and copying of Assessing Records.       The policy is written in
compliance with the State requirements.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the policy as written.
      F. Adoption of 2012 International Fire Code. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety requests that the City
Commission review and authorize the adoption of the 2012 (edition) of the
International Fire Code. The new edition addresses safeguarding of life,
property from fire, explosion hazards arising from the use and occupancy of
building within the City of Muskegon. The new edition has been reviewed and
forwarded by the City of Muskegon Fire Marshal’s Office.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends adoption of the proposed 2012
edition.
Motion by Commissioner Johnson, second by Commissioner German to
approve the Consent Agenda as read minus Items G and H.
ROLL VOTE: Ayes:      Gawron, Hood, Spataro, German, Rinsema-Sybenga,
           Turnquist, and Johnson
            Nays: None
MOTION PASSES
2014-79 ITEMS REMOVED FROM THE CONSENT AGENDA:
      G. Muskegon Bike Time – Request for a 5-Year Commitment for Bike Time,



                                                                                3
         2015-2019. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Muskegon Bike Time has submitted a request for a five-
year commitment from the City to host Bike Time downtown. There are no major
changes from the way Bike Time has been run in the past. This year, 2014, was
the first year that Bike Time was run by a local group, and they are asking for the
five-year agreement to make planning the event easier. Knowing their plans
well in advance should also help City staff with their planning.
Items requiring City Commission approval are the same as in past years: that
the City waive DPW equipment rental costs, that Bike Time be able to use their
own labor pool when possible rather than using City staff, and some deviation
from street closure times listed in the City’s special event policy.
FINANCIAL IMPACT: Request for the waiver of equipment rental fees.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: As in past years, it is recommended that staff be
allowed to make the final decision regarding rental fees and actual costs to be
coordinated through the City Manager. In addition, staff recommends that if
Bike Time picks up items such as picnic tables, bleachers, and trash cans for
distribution at the proper locations, there will be no equipment rental charge to
Bike Time. This must first be approved by and coordinated through City staff. It is
also recommended that City staff review staffing levels for City personnel with
the Bike Time staff, with the City making the final decision on the number of City
staff needed for the event.
Regarding street closures, staff recommends approval with the condition that
Bike Time notify affected downtown businesses of the dates and times of street
closures and the date and time that No Parking restrictions go into effect on
those streets.
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga to
approve the agreement with Muskegon Bike Time for the request for a 5-year
commitment extending from 2015 to 2019.
ROLL VOTE: Ayes:    Hood, Spataro, German, Rinsema-Sybenga, Turnquist,
           Johnson, and Gawron
            Nays: None
MOTION PASSES
      H. West Michigan Lake Hawks – City Support. PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: After a successful season in 2013, the West Michigan
Lake Hawks have requested assistance from the City of Muskegon for their 2014
Season. Staff has proposed providing financial assistance through the purchase
of game tickets, which would be provided to local groups working with youth


                                                                                      4
(similar to the arrangement with the Muskegon Lumberjacks). The majority of
games for the season will be played at the Muskegon Heights and Reeths Puffer
High Schools. However, staff has suggested that the team attempt to get at
least one game at Muskegon High School (in which case additional funds may
be needed for the higher cost of the facility).
FINANCIAL IMPACT:         Recommended that the City Commission consider
purchasing 20 tickets at $10 each for each home game (13 games this season)
for a total of $2,600; as well as 20 additional tickets if they are able to secure the
Muskegon Public High School (MPHS) for a game (additional $200). In addition,
if the MPHS is secured, it is recommended the City finance the difference in
costs from the other venues (cost over $500); possibly to be shared by MPS.
BUDGET ACTION REQUIRED: Amend the “General Recreation” budget to
include the amount for sponsorship of the West Michigan Lake Hawks.
STAFF RECOMMENDATION: To approve the sponsorship of the West Michigan
Lake Hawks through the purchase of tickets and possible contribution towards
the cost to secure Muskegon High School for a game.
Motion by Commissioner Rinsema-Sybenga second by Commissioner German
to approve the City support of the West Michigan Lake Hawks.
ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Turnquist, Johnson,
           Gawron, and Hood
             Nays: None
MOTION PASSES
2014-80 UNFINISHED BUSINESS:
      A. SECOND READING: Marihuana Ordinance. CITY CLERK
SUMMARY OF REQUEST: The City Commission issued a moratorium on the current
marihuana ordinance to give staff and counsel the opportunity to review the
State law and make changes to be in conformance. An extension of the
moratorium was granted because of pending State legislation. Because it’s
unknown when the State may take action, staff is recommending to move
forward.
Applicants will be responsible to pay a $1,500 application fee and a $1,100
renewal fee as well as all inspections required by the Building Inspection and Fire
Marshall to ensure public safety of such operations. Signage will not be allowed.
Patients growing in their homes for themselves are subject to a $100 application
fee and the necessary safety inspections by the Building Inspector and Fire
Marshall. The City Clerk will serve as the medical marihuana officer of the
community.
Facilities used by a primary caregiver are permitted in the following zoning



                                                                                         5
districts: B-2, B-3, B-4, B-5, MC, I-1, and I-2. No facility may be located within
1,000 feet of a preschool, elementary school, middle school or high school.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the ordinance and authorize the fees as
outlined above be added to the fee schedule.
Motion by Vice Mayor Spataro, second by Commissioner Hood to approve the
ordinance as read and authorize the fees as outlined and add the fees to the fee
schedule.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga
to amend the motion by adding to Section 34-103(7) the following clause:
Withholding consent for inspection by law enforcement of a patient’s premises
used for a medical marihuana home cultivation operation shall not be
considered a violation of this article, nor may this denial of consent be
considered by the City Clerk with regard to revocation or non-renewal of a
patient’s license.
VOTE ON AMENDMENT:
ROLL VOTE: Ayes: Johnson
            Nays: Rinsema-Sybenga, Turnquist, Gawron, Hood, Spataro, and
            German
MOTION FAILS
Motion by Vice Mayor Spataro, second by Commissioner Hood to call the
question.
VOTE ON MOTION TO CALL THE QUESTION:
ROLL VOTE: Ayes: Turnquist, Gawron, Hood, Spataro, German, and Rinsema-
           Sybenga
            Nays: Johnson
MOTION PASSES
VOTE ON ORIGINAL MOTION:
ROLL VOTE: Ayes: Rinsema-Sybenga, Gawron, Hood, and Spataro
            Nays: German, Turnquist, and Johnson
MOTION PASSES
2014-81 NEW BUSINESS:
      A. Taser (X26-P) Units for the Police Department. PUBLIC SAFETY
SUMMARY OF REQUEST:       The Director of Public Safety requests that the City



                                                                                     6
Commission review and authorize the purchase and implementation of the
“Taser x26p” force continuum tool (less than lethal device). The Police
Department is submitting a request for the purchase of 25 units (safety yellow),
and accessories. The department currently does not have a force continuum
tool with the exception of “impact weapons” and “CS gas” (spray). The
department believes risk to citizens and police officers may be reduced and
research supports a reduction in excessive force claims. The purchase and
implementation will be coordinated with officer training, department policy,
followed up by “use of force reporting” and supervisory review on all TASER
activations.
FINANCIAL IMPACT:      Force Continuum Tool budgeted ($31,350 units and
accessories).
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of TASER purchase and
implementation.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner German
to approve the TASER purchase and implementation.
ROLL VOTE: Ayes:  Johnson, Gawron, Hood, Spataro, German, Rinsema-
           Sybenga, and Turnquist
            Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:55 p.m.


                                           Respectfully submitted,




                                           Ann Marie Cummings, MMC
                                           City Clerk




                                                                                   7
Date:       October 28, 2014
To:         Honorable Mayor and City Commission
From:       Water Filtration - DPW
RE:         Sodium Hypochlorite Storage Tank #2 Repairs




SUMMARY OF REQUEST:
Authorize staff to enter into an agreement with Tri-Clor Inc. for fiberglass
repairs to Sodium Hypochlorite Storage Tank #2.


FINANCIAL IMPACT:
$8,750.00


BUDGET ACTION REQUIRED:
None.


STAFF RECOMMENDATION:
Staff recommends acceptance of bid from Tri-Clor Inc. for $8,750.00
10/8/2014 
 
TO:        Mohammed Al‐Shatel – Public Works Director 
 
FROM:  Kevin Herbert – Water Filtration Plant 
 
RE:        Repairs to Sodium Hypochlorite Storage Tank #2 
 
 
 
A small but significant leak has been discovered in the floor of our #2 Sodium Hypochlorite bulk storage 
tank. This 12,000 gallon fiberglass tank was installed in 1997 as part of the Multi‐Purpose Building plant 
expansion.  
 
I solicited bids for the repair of this tank and received quotes from 2 vendors that are qualified; both 
specified the same fiberglass material that is recommended by the tank supplier as well as the ASTM C‐
581 chemical compatibility code. 
 
 Price Quotes: 
 
Tri‐Clor Inc. ‐ Hastings, MI           $8,750.00 
Restore‐It‐All – Muskegon, MI   $9,000.00 (Cannot perform work until mid‐December) 
 
I am seeking authorization to contract with Tri‐Clor the lowest qualified bidder at the quoted price of 
$8,750.00 for the repairs to Sodium Hypochlorite tank #2. 
               Commission Meeting Date: October 28, 2014




Date:        October 23, 2014
To:          Honorable Mayor and City Commissioners
From:        Planning & Economic Development
RE:          Amendment to the Zoning Ordinance


SUMMARY OF REQUEST:

Staff initiated request to amend the zoning ordinance to allow medical marihuana
dispensaries in B-2 (Convenience and Comparison Business), B-3 (Central
Business), B-4 (General Business), B-5 (Governmental Business), MC (Medical
Care), I-1 (Light Industrial) and I-2 (General Industrial) districts.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

To approve the zoning ordinance amendment.

COMMITTEE RECOMMENDATION:

The Planning Commission recommended approval of the request at their October 16
meeting.
                                          CITY OF MUSKEGON
                                        PLANNING COMMISSION
                                          REGULAR MEETING

                                              STAFF REPORT

                                              October 16, 2014

Hearing, Case 2014-12: Staff initiated request to amend the zoning ordinance to allow medical marihuana
dispensaries in B-2 (Convenience and Comparison Business), B-3 (Central Business), B-4 (General
Business), B-5 (Governmental Business), MC (Medical Care), I-1 (Light Industrial) and I-2 (General
Industrial) districts.


STAFF OBSERVATIONS
   1. See the enclosed proposed city ordinance on medical marijuana. The ordinance was approved at the
      September 23 City Commission meeting, but will have to go back for a second reading on October 14
      because it was not unanimous, with one City Commissioner voting no.
   2. The city ordinance was written to allow medical marijuana dispensaries in B-2 (Convenience and
      Comparison Business), B-3 (Central Business), B-4 (General Business), B-5 (Governmental
      Business), MC (Medical Care), I-1 (Light Industrial) and I-2 (General Industrial) districts.
   3. Currently, medical marihuana caregiver facilities are only allowed in I-2, General Industrial districts.
   4. A medical marihuana dispensary is defined in the ordinance as one or more primary caregivers
      growing, storing, delivering, transferring, and/or providing qualifying patients with medical
      marihuana out of a building or structure.
   5. The Planning Commission is being asked to approve the districts that these dispensaries will be
      allowed to operate as a principal use permitted.

MOTION FOR CONSIDERATION
I move that the amendments to principal uses permitted sections of the B-2, B-3, B-4, B-5, MC, I-1 and I-2
districts of the Zoning Ordinance be recommended to City Commission for (approval/denial).
                                           CITY OF MUSKEGON

                                    MUSKEGON COUNTY, MICHIGAN

                                          ORDINANCE NO._____

An ordinance to amend Sections 904, 1100, 1200, 1300, 1304, 1400 and 1500 of the Zoning Ordinance
to allow medical marihuana dispensaries as a principal use permitted.


THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

NEW LANGUAGE

Deletions are crossed out and additions are in bold:

Amendment to Section 904

15. Medical Marihuana dispensaries to the extent licensed pursuant to City Code Sections 34-101 through
    31-116.

Amendment to Article XI, Section 1100

14. Medical Marihuana dispensaries to the extent licensed pursuant to City Code Sections 34-101 through
    31-116.

Amendment to Article XII, Section 1200

10. Medical Marihuana dispensaries to the extent licensed pursuant to City Code Sections 34-101 through
    31-116.

Amendment to Article XIII, Section 1300

15. Medical Marihuana dispensaries to the extent licensed pursuant to City Code Sections 34-101 through
    31-116.

Amendment to Section 1304

13. Medical Marihuana dispensaries to the extent licensed pursuant to City Code Sections 34-101 through
    31-116.

Amendment to Article XIV, Section 1400
12. Medical Marihuana dispensaries to the extent licensed pursuant to City Code Sections 34-101 through
    31-116.


Amendment to Article XV, Section 1500

8.   Medical Marihuana caregiver facilities to the extent licensed pursuant to City Code Sections 34-101
     through 43-107. Medical Marihuana dispensaries to the extent licensed pursuant to City Code Sections
     34-101 through 31-116.



This ordinance adopted:

Ayes:______________________________________________________________

Nayes:_____________________________________________________________

Adoption Date:

Effective Date:

First Reading:

Second Reading:

                                                  CITY OF MUSKEGON

                                                  By: _________________________________
                                                         Ann Cummings, 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
16th day of October, 2014, 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 2008, and that minutes were kept
and will be or have been made available as required thereby.

DATED: ___________________, 2014.               __________________________________________
                                                Ann Cummings, 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 October 28, 2014, the City Commission of the City of Muskegon adopted an
ordinance to amend Sections 904, 1100, 1200, 1300, 1304, 1400 and 1500 of the Zoning Ordinance to allow
medical marihuana dispensaries as a principal use permitted.
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 ____________________, 2014.                              CITY OF MUSKEGON

                                                                   By _________________________________
                                                                         Ann Cummings, MMC
                                                                         City Clerk

---------------------------------------------------------------------------------------------------------------------

PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.

Account No. 101-80400-5354




                                                                                                                        6
 TO:        Honorable Mayor and City Commissioners
 CC:        Frank Peterson
 FROM:      Dwana Thompson, Affirmative Action & Risk Management Director
 DATE:      October 22, 2014
 RE:        Consulting Services with Michigan Municipal League


SUMMARY OF REQUEST:
Approval to utilize the Michigan Municipal League’s Consulting Services in the development of
comprehensive job descriptions for City staff positions.
The scope of the work included in the packet outlines the process the league will undergo to perform the
updates to all the currently budgeted job descriptions. Many of the job descriptions at the City have not
been updated since the late 1980’s to the mid 1990’s. We have recognized difficulties with attempts to
recruit employees utilizing outdated industry language, and the updates are needed across the board for all
position descriptions. The descriptions will comprise all the necessary elements utilizing ADA compliant
language for inclusion in each job description.
The project would begin in January 2015, and would be completed within three months.
FINANCIAL IMPACT:
Using an estimate of 55 positions, the total not-to-exceed professional fee would be $13,750. This rate
includes two on-site visits to conduct employee orientation sessions and employee interviews. Travel
related expenses will be held to a minimum and billed at actual cost, and additional visits will be billed at
$750 per visit plus the actual cost of travel.
BUDGET ACTION REQUIRED:
Amend the 2014/2015 FY budget to include $15,000 as an expense under Civil Service. This budget item
will be reflected in the 1st Quarter Reforecast to the 2014/2015 Fiscal Year Budget.
STAFF RECOMMENDATION:
Staff recommends and requests approval to utilize the Michigan Municipal League’s Consulting Services in
the development of comprehensive position descriptions for City staff, and amend the 2014/2015 FY
budget to include the expense under Civil Service, and authorize the Mayor and Clerk to sign the
agreement.
October 15, 2014

Mr. Franklin Peterson
City Manager
933 Terrace St.
Muskegon, MI 49443

Dear Mr. Peterson:

I understand you are interested in utilizing the League’s consulting services in the development of
comprehensive job descriptions for City staff positions. In follow-up, I am providing the enclosed potential
scope of work and an estimate of professional fees associated with this type of project.

Scope of Work

Task 1: Initiate the Project & Orient Employees

As a first step in the project, we will meet with the City Manager to discuss the project, our methodology
and the role of employees. During the same visit, we will orient all employees to the purpose of job
analysis, discuss our methodology and answer any questions about the project.

At the orientation session we will distribute and provide instruction on job analysis questionnaires. When
completed, these documents will provide us with information concerning specific job duties, scope of
responsibility, experience, educational and licensing requirements, the knowledge, skills and abilities
needed to perform the job, physical demands of the position, the work environment encountered on the
job, and other job-related criteria.

Typically it will take about an hour for employees to complete the questionnaires. Staff with similar
positions are encouraged to work together on them where appropriate, for example Public Safety Officers
or Equipment Operators. We typically suggest the questionnaires be completed within a week or two, and
we ask that supervisors, department heads and the City Manager review all questionnaires prior to
submission to the League.

These questionnaires serve as the foundation for personal interviews with employees during the next site
visit, and the most complete information is important to have on hand while meeting with employees.


Task 2: Conduct Employee Interviews and Job Analysis

Once we have received the completed questionnaires, including review by supervisors/department heads
and the City Manager, we will conduct on-site interviews with employees in each classification studied. In
cases where several staff members share the same position, for example Public Safety Officer or
Equipment Operator, we prefer to conduct small group meetings. As well, we are available to conduct
telephone interviews with any staff who may be out of the office or who work an alternative schedule. It is
critical to ensure that every employee has the opportunity for input at this stage.

Interviews focus on gaining a full understanding of the duties and responsibilities associated with each
position and the knowledge, skills and abilities required to succeed in the position. We also discuss the
physical requirements and work setting of each job to guide development of ADA compliant language for
inclusion in the job description.
The questionnaires are an important foundation but can never fully capture the details needed to prepare
a comprehensive position description. These personal meetings offer additional depth and perspective to
support the process.


Task 3: Draft Job Descriptions and Prepare Final Report

Having gained a full understanding of each position, we will create draft job descriptions to clearly
delineate positional duties, responsibilities, reporting arrangements and the knowledge, skills and abilities
required for each position. Also, we will consider and incorporate criteria relevant to the requirements of
the Americans with Disabilities Act into each description.


Task 4: Finalize Job Descriptions

The draft job descriptions will be sent to the City Manager for review and discussion. Any feedback and
input will be gathered and incorporated into the final job descriptions.


Professional Fees, Expenses and Timing

This scope of work is to include approximately 55 positions. Our fees for the scope of services outlined
above will not exceed $250 per position analyzed. Using an estimate of 55 positions, the total not-to-
exceed professional fee would be $13,750.

This not-to-exceed rate includes two on-site visits to conduct employee orientation sessions and employee
interviews. Travel related expenses, such as mileage, lodging, and meals will be held to a minimum and
billed at actual cost. We are pleased to make additional visits to meet in person or make presentations.
These visits will be billed at $750 per visit plus the actual cost of travel.

We are currently available to begin work in January, 2014 and expect to complete the work within three
months.

Please let me know if I can further refine the scope of work presented above or if there are any questions.
If this letter is acceptable, I’ve provide a signature line below to formally engage the League in this work
if/when you’re ready to move in that direction.

Sincerely,

Sent via email
Mandy M. Reed, PHR
Human Resources Specialist


To officially engage the League to provide the services described within this letter, please sign below:

AUTHORIZED SIGNATURE:

Signature:                                                           Date:
Title:

Signature:                                                           Date:
Title:
          Commission Meeting Date: October 28, 2014




Date:        October 22, 2014
To:          Honorable Mayor & City Commission
From:        Planning & Economic Development Department
RE:          Ground Lease and Option to Purchase for Nims
             Neighborhood Park Playground


SUMMARY OF REQUEST: On March 5, 2014 the City Commission approved the
“Participation Agreement” with Nims Neighborhood, Muskegon Public Schools and
the City of Muskegon for the Nims Neighborhood Park Playground. After several
months of planning, fundraising, grant writing and negotiations, Nims Neighborhood
and City staff have agreed on the “Ground Lease and Option to Purchase” for the
property at the corner of Southern and Davis (see attachment). The Nims
Neighborhood president has signed the document. The Neighborhood has raised
over $25,000 for playground equipment, which is expected to be ordered early next
year and installed in the spring of 2015. The Neighborhood continues to fundraise
and write grants for additional improvements in the future.



FINANCIAL IMPACT: Minor costs for water service and tap fees.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: To approve the attached “Ground Lease and Option
to Purchase” and authorize the Vice-Mayor and City Clerks signatures and to
authorize the purchase of the designated property (legal description in the “Lease”
agreement) by the City of Muskegon staff from Muskegon Public Schools.
Date:        October 28, 2014
To:          Honorable Mayor and City Commissioners
From:        City Manager’s Office
RE:          Marketing and Image




SUMMARY OF REQUEST:               At its annual Goal Setting Meeting, the City
Commissioners listed improving the city’s image as a top priority. Staff has been
working on image-related activities including signage, marketing strategies, and
partnering with other agencies on this endeavor. The City currently does not have
funds budgeted for Marketing and Image and is requesting that $20,000 be added to
the Public Relations budget to fund marketing and image related activities.




FINANCIAL IMPACT: To add $20,000 to the Public Relations Fund.




STAFF RECOMMENDATION:          Staff recommends approval.

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