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CITY OF MUSKEGON CITY COMMISSION MEETING APRIL 24, 2018 @ 5:30 P.M. MUSKEGON CITY COMMISSION CHAMBERS 933 TERRACE STREET, MUSKEGON, MI 49440 AGENDA □ CALL TO ORDER: □ PRAYER: □ PLEDGE OF ALLEGIANCE: □ ROLL CALL: □ HONORS AND AWARDS: □ INTRODUCTIONS/PRESENTATION: Proclamation – Women’s Veteran’s Day □ CITY MANAGER’S REPORT: □ CONSENT AGENDA: A. Approval of Minutes City Clerk B. Amendment to the Zoning Ordinance Planning & Economic Development C. Procurement of Turbidimeters DPW/WFP D. Ottawa Bridge – Resolution of Support for Bridge Funding Application and Commitment for Matching Funds DPW □ PUBLIC HEARINGS: A. Public Hearing for the 2018 Action Plan Community & Neighborhood Services □ COMMUNICATIONS: □ UNFINISHED BUSINESS: □ NEW BUSINESS: A. Concurrence with the Housing Board of Appeals Notice and Order to Demolish the Following: Public Safety 577 Amity Avenue 1330 5th Street Page 1 of 2 □ ANY OTHER BUSINESS: A. Medical Marihuana Facilities Licensing Act – Opt In/Out Discussion – No Action Requested Planning & Economic Development □ PUBLIC PARTICIPATION: ► Reminder: Individuals who would like to address the City Commission shall do the following: ► Fill out a request to speak form attached to the agenda or located in the back of the room. ► Submit the form to the City Clerk. ► Be recognized by the Chair. ► Step forward to the microphone. ► State name and address. ► Limit of 3 minutes to address the Commission. ► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.) □ CLOSED SESSION: □ ADJOURNMENT: ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724- 6705 OR TTY/TDD DIAL 7-1-1- TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705. Page 2 of 2 Memorandum To: Mayor and Commissioners From: Frank Peterson Re: City Commission Meeting Date: April 19, 2018 Here is a quick outline of the items on our agenda(s): 1. Under the Consent Agenda, we are asking the Commission to consider the following: a. Approval of meeting minutes from the most-recent City Commission meeting. b. Approval of an amendment to the zoning ordinance that is being recommended by the Planning Commission. Mike will speak directly to the need at the meeting, but the goal is to allow non-profit supportive housing as a special land use in certain building types while also allowing home-based businesses as a principal use in certain building types. This will only impact certain areas governed by the form based code. c. Approval of a capital purchase at the filtration plant. The item – tubidimeters – will replace outdated and obsolete equipment. The cost is $57,188.88, which will be included in the filtration plant budget. d. Approval of a resolution that will authorize staff to seek grants to replace the Ottawa Street Bridge. Local cost share is estimated at $300,000 plus engineering costs of approximately $300,000. The project would take place in 2021. 2. Under public hearings, we will take comments on the 2018 CNS Action Plan. 3. Under the New Business, we are asking the Commission to consider the following: a. Concurrence with the Housing Board of Appeals recommendation to demolish two structures. Let me know if you have any questions/comments/concerns Date: April 18, 2018 To: Honorable Mayor and City Commissioners From: Ann Marie Meisch, City Clerk RE: Approval of Minutes SUMMARY OF REQUEST: To approve minutes of the April 9, 2018 Worksession Meeting and the April 10, 2018 Regular Meeting. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. CITY OF MUSKEGON CITY COMMISSION WORKSESSION Monday, April 9, 2018 5:30 p.m. City Commission Chambers MINUTES 2018-23 Present: Johnson, Hood, Turnquist, Gawron, and Warren Absent: Rinsema-Sybenga and German Heritage Square Commons II Gary Post has requested a construction loan in the amount of $300,000 for construction at Heritage Square Commons, II. There was discussion regarding the project, this reason the loan is being requested, and the terms. Presentation by West MI Building Trades – Convention Center The West Michigan Building and Construction Trades Council – The West Michigan Building and Construction Trades Council presented information detailing a proposed Community Benefits Agreement with respect to the Muskegon Convention Center. 92nd District State Representative, Terry Sabo, stopped in to the meeting. He has been keeping busy in Lansing. Pollination Plan Presentation LeighAnn Mikesell, Director of Municipal Services, presented information to the City Commission regarding an Urban Pollinator Habitat. Some goals are to reduce pesticide use, create buffer zones, create native planting areas, and cut down on mowing costs. Adjournment The Worksession meeting adjourned at 7:30 p.m. Respectfully Submitted, Ann Marie Meisch, MMC – City Clerk CITY OF MUSKEGON CITY COMMISSION MEETING APRIL 10, 2018 @ 5:30 P.M. MUSKEGON CITY COMMISSION CHAMBERS 933 TERRACE STREET, MUSKEGON, MI 49440 MINUTES The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, April 10, 2018. Pastor Tim Cross, Living Word Church, opened the meeting with prayer, after which the Commission and public recited the Pledge of Allegiance to the Flag. ROLL CALL FOR THE REGULAR COMMISSION MEETING: Present: Mayor Stephen J. Gawron, Vice Mayor Eric Hood, Commissioners Ken Johnson, Byron Turnquist, Willie German, Jr., Dan Rinsema-Sybenga, and Debra Warren (arrived 5:37), City Manager Frank Peterson, City Attorney John Schrier, and City Clerk Ann Meisch. INTRODUCTIONS/PRESENTATION: Mayor Gawron announced to the audience that the City of Muskegon has been voted number one in a nationwide Strong Towns competition and thanked all of this involved. Introduction of Power of Unity Alliance Club – Commissioner German introduced some members of a Muskegon Community College student club formed in the interest of creating more unity. 2018-24 CONSENT AGENDA: A. Approval of Minutes City Clerk SUMMARY OF REQUEST: To approve minutes of the March 27, 2018 Regular Meeting. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the minutes. B. Rezoning Several Properties Planning & Economic Development SECOND READING SUMMARY OF REQUEST: Staff-initiated request to rezone 1814 Dyson St, 1831 Dyson St and 1828 Jarman St from B-2, Convenience and Comparison Business Page 1 of 5 District to R-2, Medium Density Single Family Residential District. Also to rezone 1813 Dyson St from R-1, Low Density Single Family Residential District to R-2, Medium Density Residential District. Also to rezone 1808 McIlwrath St, 1814 McIlwrath St, and 1825 Jarman St from B-4, General Business District to R-2, Medium Density Single Family Residential District. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends approval of the rezonings. COMMITTEE RECOMMENDATION: The Planning Commission voted 8-0 in favor of recommending approval of the rezonings. C. Amendment to the Zoning Ordinance – Wireless Communication Service Facilities Planning & Economic Development SECOND READING SUMMARY OF REQUEST: Staff-initiated request to amend Section 2321 of the zoning ordinance to expand the overlay district to allow Wireless Communication Service Facilities at 1800 Peck St (Marsh Field) and 2375 Beach St (Water Filtration Plant). Staff has prepared two options for the Water Filtration Plant location and is requesting that the Commission select one of them. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the zoning ordinance amendment, with option 1 for the Water Filtration Plant location. COMMITTEE RECOMMENDATION: The Planning Commission tabled the request at their December 14, 2017 meeting over concerns about the Water Filtration Plant location. At their March 15, 2018 meeting, they approved a motion 8-0 to recommend approval of the request to expand the overlay district as presented, with option 1 for the Water Filtration Plant site. D. 2018/19 Water Treatment Sodium Hypochlorite Bids Department of Public Works – Water Filtration SUMMARY OF REQUEST: Recommend endorsement of lowest responsible bidder to supply sodium hypochlorite for the Water Filtration Plant. FINANCIAL IMPACT: An estimated cost of $71,280.00 (based on average annual water pumped and feed rates). BUDGET ACTION REQUIRED: None Page 2 of 5 STAFF RECOMMENDATION: Staff recommends the Mayor and City Commission endorse the low bid received and allow staff to enter into a contract with Olin for sodium hypochlorite for one year, beginning April 15, 2018. E. City Hall Carpet Purchase Finance & Administrative Services SUMMARY OF REQUEST: The Finance & Administrative Services Division has been charged with purchasing new carpet beginning with the offices on the first floor of City Hall. The current carpet was installed at the time of a building renovation in 1996. Over the course of the last five years we have noticed areas of extreme wear and tear from rolling chairs, moving furniture, partition walls leaving empty spots, and an inability to keep the carpet clean with our usual carpet cleaning schedule. Approximately 10 months ago, Safebuilt bid out their renovation project with consideration of the top 3 lowest bids, and contracted with the local vendor who had the lowest, most reasonable bid for their project. Understanding that the rest of City Hall still needed to be renovated, we were given the opportunity to lock in the same bid rate for the rest of the City offices provided we continue the project within a reasonable period of time. FINANCIAL IMPACT: $100,000 has been allocated in the public improvement fund for (Phase 1) carpeting City Hall. This was approved with the 2017/18 Annual Budget. The current estimate is for $68,493.87 for the first floor BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Authorize staff to purchase flooring and services related to the purchase and installation of new carpet and flooring for the City Hall offices from Lakeshore Carpet One of 2591 McCracken. F. Heritage Square Commons II – Construction Loan City Manager SUMMARY OF REQUEST: Gary Post has requested a construction loan in the amount of $300,000 for construction at Heritage Square Commons II. FINANCIAL IMPACT: A $300,000 loan to be paid back in full. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval. H. Paving of Parking Lot, Jefferson at Western DPW-Engineering SUMMARY OF REQUEST: To award above referenced project to Jackson-Merkey Contractors, Inc since they were the lowest responsible bidder with a total bid price of $214,559.50. FINANCIAL IMPACT: The construction cost of $214,559.50 plus %15 for construction engineering costs. BUDGET ACTION REQUIRED: Revised the budgeted amount via the 3rd quarterly reforecast to more accurately reflect the projected costs. Project is Page 3 of 5 included in the original 2017/18 capital budget. STAFF RECOMMENDATION: Award the contract to Jackson-Merkey Contractors, Inc. for a bid price of $214,559.50. I. City Hall Irrigation Replacement-Department of Public Works SUMMARY OF REQUEST: Award the replacement of the irrigation system at City Hall to Ashley Irrigation. Four contractors were contacted, and two supplied bids as follows: Ashley Irrigation $21,248.13 Lakeshore Harbor Gardens: $26,500.00 FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Award the project to the low bidder, Ashley Irrigation. J. Community Relations Committee Resignations and Appointments City Clerk SUMMARY OF REQUEST: To accept the following resignations and appointments for the two boards below: Income Tax Board of Review Resign: Catherine Young Appoint: Elizabeth Sherman Construction Code Board of Appeals Resign: Vicky Luthy Appoint: Michael Eslick FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To concur with the recommendations of the Community Relations Committee and approve the resignations and appointments. Motion by Commissioner Warren, second by Commissioner German, to approve the consent agenda as presented, except item G. ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, and Warren Nays: None MOTION PASSES Page 4 of 5 2018-25 ITEMS REMOVED FROM CONSENT AGENDA G. Letter of Understanding Between the County and City for Reimbursement of Architectural Services for Proposed Convention Center City Manager SUMMARY OF REQUEST: This is a request to reimburse a percentage of the architectural expenses for the proposed Convention Center to the County. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval. Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson, to approve the request to reimburse a percentage of the architectural expenses for the proposed Convention Center to the County. ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, Warren, and German Nays: None MOTION PASSES PUBLIC PARTICIPATION: Public Comments were received ADJOURNMENT: The City Commission meeting adjourned at 5:55 p.m. Respectfully Submitted, Ann Marie Meisch, City Clerk Page 5 of 5 Commission Meeting Date: April 24, 2018 Date: April 19, 2018 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Amendment to the Zoning Ordinance – SUMMARY OF REQUEST: Staff-initiated request to amend Section 2005.10 (Urban Residential Context Area) of the Form Based Code to allow non-profit supportive housing as a special use permitted in certain building types and to allow home-based businesses as a principal use permitted in certain building types. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the zoning ordinance amendment. COMMITTEE RECOMMENDATION: The Planning Commission voted 8-0 in favor of recommending approval of the ordinance amendment. PLANNING COMMISSION EXCERPT STAFF REPORT April 12, 2018 SUMMARY 1. Please see the enclosed copy of Section 2005.10 (Urban Residential Context Area) of the Form Based Code. This section describes the allowed uses in certain building types within the Urban Residential Context Area. The proposed changes are highlighted in yellow. 2. Staff is recommending to allow Non-profit supportive housing as a Special Use Permitted, on Sanford St and Peck St only, in the following building types: Live/Work, Duplex and Detached House. 3. The Step Up organization requested a type of foster group home on Sanford St at the February 2018 meeting. That request required a rezoning, which was denied, because it was in a single-family residential area. However, there are portions of Peck St and Sanford St that are more conducive to these type of uses. Particularly the areas zoned RM-1, Low Density Multi-Family Residential District (which allows this type of use under a SUP) and the small area that is zoned UR, Urban Residential. These zones already allow for multi-family uses. However, Step Up and similar organizations do not fit the definition of multi-family either because the tenants are not related. 4. Staff has also noticed that home businesses were never approved as a principal use permitted in Urban Residential Districts. Home business should be allowed in these districts as well as long as they follow the rules of Section 401(Home Based Businesses) of the zoning ordinance. CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO._____ An ordinance to amend Section 2005.10 of the Form Based Code to allow non-profit supportive housing as a Special Land Use permitted in certain building types and to allow home-based businesses as a principal use permitted in certain building types. THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS: NEW LANGUAGE Additions are highlighted: This ordinance adopted: Ayes:______________________________________________________________ Nayes:_____________________________________________________________ Adoption Date: Effective Date: First Reading: Second Reading: CITY OF MUSKEGON By: _________________________________ Ann Meisch, MMC, City Clerk CERTIFICATE The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 24th day of April, 2018, at which meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as required thereby. DATED: ___________________, 2018. __________________________________________ Ann Meisch, MMC Clerk, City of Muskegon Publish: Notice of Adoption to be published once within ten (10) days of final adoption. CITY OF MUSKEGON NOTICE OF ADOPTION Please take notice that on April 24, 2018, the City Commission of the City of Muskegon adopted an ordinance to amend Section 2005.10 of the zoning ordinance to allow non-profit supportive housing as a Special Land Use permitted in certain building types and to allow home-based businesses as a principal use permitted in certain building types. 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 ____________________, 2018. CITY OF MUSKEGON By _________________________________ Ann Meisch, MMC City Clerk --------------------------------------------------------------------------------------------------------------------- PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE. Account No. 101-80400-5354 6 Date: April 24, 2018 To: Honorable Mayor and City Commissioners From: Department of Public Works - Filtration RE: Procurement of Turbidimeters SUMMARY OF REQUEST: Authorize staff to procure new tubidimeters from Hach to replace old and obsolete tubidimeters, at the Water Filtration Plant. FINANCIAL IMPACT: Existing trubidimeters are old, obsolete, failing and replacement parts are not available. These turbidimeters require controllers and replacing these turbidimeters in bulk would be more economical to procure them with controllers as kits. Currently, there are 3 newer Hach controllers in stock and procuring the new Hach turbidimeter kits will allow the existing controllers to be utilized. This is a more economical approach for replacement of all turbidimeters at the cost of $57,118.88 (including shipping). BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Staff be authorized to procure turbidimeters from Hach at the Water Filtration Plant at a cost of $57,118.88 O:\CLERK\Common\Word\Agenda Items for Next Meeting\2018\042418\06_Commission approval - Filtration Plant Turbidimeters.doc Date: 4/17/2018 To: Honorable Mayor and City Commissioners From: Department of Public Works RE: Ottawa Bridge – Resolution of Support for Bridge Funding Application and Commitment for Matching Funds SUMMARY OF REQUEST: The Engineering Department would like to apply for critical bridge funding through the Michigan Department of Transportation. These funds would be used to replace the Ottawa bridge which was constructed in 1929 and is currently in very poor condition. Construction is estimated at $1,374,000, and the city would be required to provide matching funds of approximately $300,000 plus engineering costs. Funding is available starting in 2021. The MDOT application requires a resolution of support and commitment for the matching funds. FINANCIAL IMPACT: $600,000 split over fiscal year 20/21 and 21/22 BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: Approve the resolution of support for the critical bridge fund application and commit to funding the required match and engineering costs. O:\CLERK\Common\Word\Agenda Items for Next Meeting\2018\042418\07A_Commission Request Ottawa Bridge Resolution.doc CITY OF MUSKEGON APPLICATION FOR MICHIGAN DEPARTMENT OF TRANSPORTATION LOCAL BRIDGE FUNDS OTTAWA STREET OVER SOUTH BRANCH MUSKEGON RIVER (SN 7700) I. INTRODUCTION The Ottawa Street Bridge over the South Branch of Muskegon River is the first priority for funding for the City of Muskegon. The City of Muskegon is requesting funding for a full bridge replacement project in the 2021 fiscal year. A brief description of the bridge follows: Constructed in 1929, the Ottawa Street Bridge is a single-span bridge with a length of 37.3 feet. The bridge has a clear width of 40 feet and an out-to-out of 53.8 feet. The superstructure consists of steel beams with a concrete deck. The abutments are concrete stub walls behind steel sheeting with a cantilever support for the sidewalks and rails. Six-foot sidewalks along each side. The bridge railing is a concrete balustrade. Ottawa Street is classified as an “Urban Local” on the National Functional Classification Map. The average daily traffic on is 400 (2017) vehicles per day. II. GENERAL CONDITION OF THE BRIDGE The following major deficiencies were noted on a 2017 inspection of the Ottawa Street Bridge: The bridge is in very poor condition. Beams 3E & 4E have holes in the webs 4ft long or more, with heavy section loss beyond, these are considered failed. Heavy laminar pack rust on the adjacent beams. The beams under southbound have heavy rust scale with some section loss. Small holes found in Beam 4W. Water leaking through the deck with efflorescence throughout. Areas of deck bottom spalling with exposed rebar with section loss. Concrete diaphragms are crumbling with constant water seeping through. Heavy rust scale along abutment sheet piling. Bearings have laminar rust scale. Spalling along facia façade. Undermining of cantilevered sidewalks. Small hydraulic opening causes high velocity and scour of the sand bottom. Ottawa Street over S. Br. Muskegon River 1 City of Muskegon III. NARRATIVE SUPPORTING THE APPLICATION A. Contact Person The contact person for the City of Muskegon is: Ms. LeighAnn Mikesell Director of Municipal Services 1350 E. Keating Street Muskegon, MI 49442 Phone: (231) 724-6944 B. Replacement Discussion The existing foundation type is unknown, therefore a complete replacement is the best option. The estimated replacement bridge length is 95 feet to span ordinary highwater width and allow for scour protection. Estimated out-out width is 42 feet, based on 12-foot lanes with 1.5 feet of gutter, 6-foot sidewalk, and 1.5 feet for a railing. C. Economic Importance The economic importance of the Ottawa Street Bridge includes the following: Access to Richards Park along the north bank of the river. Access to a public boat launch at the west side of the park. Provides user and emergency access to the Lakeshore Trail. A 12- mile non-motorized path traversing the city. Muskegon Conservation District is planning a site development for their new headquarters in a portion of the land north of the bridge. D. Existing Detour Impact There is no existing detour for this bridge. E. Impact of Closed Structure If the bridge was closed, motorists and emergency vehicles would have to take a 2.5-mile detour looping around the MDOT causeway over the river north and west of the bridge. There is only one-way traffic access from the causeway. Making the causeway access route two-way is unlikely due to geometric constraints and safety concerns. Ottawa Street over S. Br. Muskegon River 2 City of Muskegon F. Structure Maintenance No known maintenance has occurred. The northbound lane was closed in 2016. IV. COST BREAKDOWN The following is the estimated replacement cost for the Ottawa Street Bridge, SN 7700. ITEM ESTIMATED COST Approach Construction $211,000 Structure Construction $1,163,000 Total (A&B) $1,374,000 V. PRIORITY LIST The following is the priority list for bridges in the City of Muskegon: 1. SN 7700 Ottawa Street over South Branch of Muskegon River: Replacement Ottawa Street over S. Br. Muskegon River 3 City of Muskegon City of Muskegon RESOLUTION SUPPORT OF APPLICATION FOR CRITICAL BRIDGE FUNDS WHEREAS, Muskegon City Commissioners desire to promote safety and access for the residents and visitors of our great city; and WHEREAS, Muskegon City Commissioners recognize the importance of the Ottawa bridge to provide safe access to Richards Park, the Muskegon River, and Muskegon Lake; and WHEREAS, Muskegon City Commissioners understand the need to replace the existing Ottawa bridge due to various deficiencies and very poor condition; and NOW, THEREFORE LET IT BE RESOLVED, that Muskegon City Commissioners support the application for federal and state critical bridge funds and commit to funding required match dollars for reconstruction of the bridge. Dated this ______ of _______ 20__. ________________________________ Stephen J. Gawron Mayor _________________________________ Ann Marie Meisch City Clerk Commission Meeting Date: April 24, 2018 Date: April 19, 2018 To: Honorable Mayor and City Commission From: Community and Neighborhood Services Department RE: Public Hearing for the 2018 Action Plan __________________________________________________________________ SUMMARY OF REQUEST: To conduct a public hearing on April 24, 2018 to receive comments from the public concerning the 2018 Action Plan developed by the Community and Neighborhood Services department. After the public hearing, all comments received during the 30 day comment period (April 15- May 14) will be documented and included in the plan as required. FINANCIAL IMPACT: The City is required to submit the Annual Action Plan to receive 2018 allocations of CDBG and HOME Investment Partnership Programs. BUDGET ACTION REQUIRED: NONE STAFF RECOMMENDATION: To direct staff to gather comments from the public and to submit the 2018 Action Plan to HUD after the public comment period. COMMISSION MEETING DATE: April 24, 2018 TO: Honorable Mayor and Commissioners FROM: Jeffrey Lewis, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case #: EN1800243 – 577 Amity Ave SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 577 Amity Ave is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder or staff may issue civil infraction citations to the owner, agent or responsible party if they do not demolish the structure. Location and ownership: This structure is located on Amity Ave between Kenneth Street and Scott Street in the Angell Neighborhood. The property is owned by Carolyn Diggs, 577 Amity Ave, Muskegon, MI 49442. New address of 3232 Roosevelt Rd Apt Z- 3, Muskegon, MI 49441. Staff Correspondence: Fire occurred on December 31, 2017. The “Notice & Order” was sent and posted on March 7, 2018. A ten day notice was sent and posted on March 26, 2018. On April 5, 2018, the HBA declared the structure substandard, dangerous and a nuisance. Financial Impact: Fire Escrow Funds of $9,918.75 have been received Budget action required: None State Equalized value: $1,900 Estimated cost to repair: $34,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish all structures on the property Owner Contact: Owner appeared at the HBA hearing and stated she received estimates from $60,000 to $80,000 to repair the home. The owner said does not want to put that much money into the home and does not want to repair it. Owner requested more time to remove her property from the home before we demolish the home. Permits obtained: None FIRE INSPECTION REPORT Owner DIGGS CAROLYN 3232 ROOSEVELT RD APT Z-3 MUSKEGON, MI 49441 Enforcement # EN1800243 Property Address: 577 AMITY AVE Parcel # 24-205-053-0003-20 Date completed: March 29, 2018 DEFICENCIES: 1. Several windows are broken, missing, or destroyed by fire. New windows must be installed to the current Building & Energy Codes 2. Front entry door damaged by fire and must be replaced 3. Soffit and fascia missing on west side of home 4. The entire interior of the home has smoke and heat damage. Water damage noted in areas of fire damage 5. All drywall / plaster and insulation must be removed and replaced 6. Home must be rewired to code to include hardwired smoke detection 7. Furnace must be replaced. All duct work in areas of the fire must be replaced 8. All plumbing damaged by fire must replaced 9. Floor coverings, subfloor and fire damaged floor joists must be replaced 10. Kitchen cabinets destroyed by fire must be removed and replaced Based upon my recent inspection of the above property I determined that the structure meets the definition of a Dangerous Building and/or Substandard Building as set forth in Section 10-61 of the Muskegon City Code. If you disagree with the decision of the City Commission, you have the right to file a petition for superintending control in the Circuit Court for the County of Muskegon within 21 days after the City Commission concurs. PHOTOS OF 577 Amity Ave COMMISSION MEETING DATE: April 24, 2018 TO: Honorable Mayor and Commissioners FROM: Jeffrey Lewis, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case #: EN1800245 - 1330 5th St. SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 1330 5th St. is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder or staff may issue civil infraction citations to the owner, agent or responsible party if they do not demolish the structure. Location and ownership: This structure is located on 5th Street between Mason Ave and Strong Ave in the Nelson Neighborhood. The property is owned by Antwan Herman, 316 Morris Ave, STE 260, Muskegon, MI 49440 and P.O. Box 523 Euless TX, 76039. Staff Correspondence: Fire occurred on June 29, 2017. The “Notice & Order” was sent and posted on March 7, 2018. A ten day notice was sent and posted on March 26, 2018. On April 5, 2018, the HBA declared the structure substandard, dangerous and a nuisance. Financial Impact: Fire Escrow Funds of $30,739.08 have been received Budget action required: None State Equalized value: $27,800 Estimated cost to repair: $40,000 to $50,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish all structures on the property Owner Contact: No contact with the owner throughout the HBA process. On April 12, 2018, the owner advised he did not change his mailing address and did not receive the notices. Owner said his insurance company will not pay his claim because the fire was ruled as an “intentionally set” fire. Owner said he thinks the building can be saved but does not have the money to make any repairs until the insurance company pays his claim. Permits obtained: None FIRE INSPECTION REPORT Owner HERMAN ANTWAN PO BOX 523 EULESS, TX 76039 Enforcement # EN1800245 Property Address: 1330 5TH ST Parcel # 24-205-392-0006-00 One Story commercial structure approx. 2,268 sqft Date completed: March 26, 2018 DEFICENCIES: 1. All windows damaged by fire must be replaced. Windows must meet current Building & Energy codes 2. Building has a flat roof. All roof rafters damaged by fire must be replaced 3. Entire exterior roof covering must be replaced 4. Entire structure has been damaged by heat, fire, smoke and water 5. Entire structure must be rewired to code 6. Furnace’s (2) must be inspected and certified safe or be replaced 7. All fire damaged plumbing fixtures and piping must be replaced 8. Floor covers throughout the entire structure must be replaced 9. Stairway to basement is fire damaged and must be replaced 10. Brick veneer damaged by fire on the side of the building must be replaced 11. Entire interior must be cleaned, sealed and re-painted Based upon my recent inspection of the above property I determined that the structure meets the definition of a Dangerous Building and/or Substandard Building as set forth in Section 10-61 of the Muskegon City Code. If you disagree with the decision of the City Commission, you have the right to file a petition for superintending control in the Circuit Court for the County of Muskegon within 21 days after the City Commission concurs. PHOTOS OF 1330 5th ST CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO. ____ THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS: 1. Chapter 34, Article IV of the Code of Ordinances of the City of Muskegon, Michigan, Sections 34-201 through 34-208 are adopted as follows: Sec. 34-201 Purpose and Intent. It is the intent of this ordinance to give effect to the intent of the Medical Marihuana Facilities Licensing Act, PA 281 of 2016, MCL 333.27101, et seq, (the MMFLA), and not to determine and establish an altered policy with regard to medical marihuana. It is the intent of Muskegon City Code Sections 34-101 through 34- ___ to give effect to the intent of the Michigan Medical Marihuana Act, Initiated Act 1 of 2008, MCL 333.26421, et seq., (the MMMA) as approved by the electors, The purpose of this ordinance is to serve and protect the health, safety and welfare of the general public and establish a set of rules and regulations which are fair and equitable for those interested in establishing a Marihuana Facility pursuant to the MMFLA. Section 34-202 Definitions. Applicant means a person who applies for a license under this section. If an entity applies for a license, the term includes an officer, director, managerial employee or has a direct or indirect ownership interest in the applicant. Grower means an MMFLA licensee that is a commercial entity located in this state that cultivates, dries, trims, cures or packages marihuana for sale to a Processor or Provisioning Center. Marihuana Facility means a location at which a license holder is licensed to operate under the MMFLA. Marihuana-infused product means a topical formulation, tincture, beverage, edible substance, or similar product containing any usable marihuana that is intended for human consumption in a manner other than smoke inhalation. MMFLA means the Medical Marihuana Facilities Licensing Act, PA 281 of 2016, MCL 333.27101, et seq. O:\CLERK\Common\Word\Agenda Items for Next Meeting\2018\042418\15B_Licensing Ordiance; Med. Marij (003).DOC 1 MMMA means the Michigan Medical Marihuana Act, Initiated act 1 of 2008, MCL 333.26421, et seq. MMMA Caregiver Facility means any building(s) or structure(s) located on non- residential property that is utilized by one or more than one primary caregiver engaged in the medical use of marihuana pursuant to the MMMA. Permit means a permit issued by the City under this section. Primary caregiver or caregiver means a person as defined by the MMMA. Processor means an MMFLA licensee that is a commercial entity located in this state that purchases marihuana from a Grower and that extracts resin from the marihuana or creates a marihuana-infused product for sale and transfer in package form to a Provisioning Center. Provisioning Center means an MMFLA licensee that is a commercial entity located in this state that purchases marihuana from a Grower or Processor and sells, supplies, or provides marihuana to registered qualify patients, directly or through the patients’ registered primary caregivers. Provisioning Center includes any commercial property where marihuana is sold at retail to registered qualifying patients or registered primary caregivers. A noncommercial location used by a primary caregiver to assist a qualifying patient connected to the caregiver through the department’s marihuana registration process in accordance with the MMMA is not a Provisioning Center for purposes of the MMFLA or this section. Qualifying patient or patient means a person defined by the MMMA. Registry Identification Card means the document as defined by the MMMA. Safety Compliance Facility means an MMFLA licensee that is a commercial entity that receives marihuana from a Marihuana Facility or registered primary caregiver, tests it for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marihuana to the Marihuana Facility. Secure Transporter means an MMFLA licensee that is a commercial entity located in this state that transports marihuana, with or without storage, between Marihuana Facilities for a fee. State operating license means a license that is issued under the MMFLA that allows the licensee to operate as a Marihuana Facility. All other terms used in this section have the same definitions ascribed to them in the MMFLA or MMMA. O:\CLERK\Common\Word\Agenda Items for Next Meeting\2018\042418\15B_Licensing Ordiance; Med. Marij (003).DOC 2 Sec. 34-203 MMFLA Opt-In Provision Pursuant to Section 205(1) of the MMFLA, the City will authorize Permits for the following types of Marihuana Facilities: Growers; Processors; Provisioning Centers; Safety Compliance Facilities; and Secure Transporters. Sec. 34-204 Permit Required for MMFLA Activity. (1) Any person or entity that wishes to operate as a Marihuana Facility in the City shall obtain a Permit and must obtain a State Operating License prior to opening or operating. (2) The application and inspection fee for the Permit required by this section shall be as set from time to time by the City by resolution. (3) In addition to an annual reapplication and inspection fee, the City may assess an annual fee of no more to $5,000.00 to help defray the administrative and enforcement costs associated with the operation of the Marihuana Facilities operating in the City. (4) No permit issued under this section shall be transferable. (5) All Permits issued under this section shall be renewed annually and subject to annual inspection and renewal fees as set from time to time by the City by resolution. (6) The City may limit the number of Permits issued under this section, and may revise this limit from time to time. (7) A person or entity that receives a Permit under this section shall display its Permit and, when issued, its State Medical Marihuana Facility License in plain view clearly visible to City officials and State Medical Marihuana Licensing Board authorized agents. (8) No person or entity that opened or operated a facility doing business or purporting to do business as a Marihuana Facility prior to the adoption of this ordinance shall be considered a lawful use. Sec. 34-205 MMFLA Location Requirements. (1) Growers, Processors, Provisioning Centers, Safety Compliance Facilities, and Secure Transporters are permitted in those zones and subject to requirements provided for in the City’s Zoning Ordinance. (2) The Marihuana Facility shall meet all applicable written and duly promulgated standards of the City and, prior to opening, Applicants shall demonstrate O:\CLERK\Common\Word\Agenda Items for Next Meeting\2018\042418\15B_Licensing Ordiance; Med. Marij (003).DOC 3 to the City that the location meets the rules and regulations promulgated by the State Medical Marihuana Facilities Licensing Board. Sec. 34-206 Application Procedure. (1) All Applicants for Permits required by this section shall file an application with the Clerk. This application shall be signed by the Applicant if an individual, or by all partners if a partnership, by a managing member if a limited liability company, or by the president of a corporation. (2) The Applicant may be requested to provide any information required by the MMFLA and any other information deemed by the City to be required for the consideration of a Permit. (3) The Permit shall be approved if the Applicant meets all City requirements unless a due diligence investigation discloses tangible evidence that the conduct of the Applicant’s business would pose a substantial threat to the public health, safety, or general welfare. Sec. 34-207 Permit Revocation and Review. (1) A Permit granted under this section may be revoked or not renewed for any of the following reasons: (a) Any fraud or misrepresentations contained in the Permit application; (b) Any knowing violation of this ordinance; (c) Loss of the Applicant’s State Medical Marihuana Facility License; (d) Failure of the Applicant to obtain a State Medical Marihuana Facility License within a reasonable time after obtaining a Permit under this section; or (e) Conducting business in an unlawful manner or in such a way as to constitute a menace to the health, safety, or general welfare of the public. (f) The violation of any of the conditions of issuance or continuation of a certificate of registration. (g) Fraud, misrepresentation or any false statement made in the operation of the business. (h) Failure to pay personal property taxes, or timely file documentation or returns required for such taxes. O:\CLERK\Common\Word\Agenda Items for Next Meeting\2018\042418\15B_Licensing Ordiance; Med. Marij (003).DOC 4 (i) Failure to pay city income taxes, failure to withhold city income tax from employees, failure to remit to the City withheld city income taxes, or timely file documentation or returns required for such taxes. (j) Failure to pay any outstanding amounts owed the city (such as fees for inspections or property services, water or sewer bills, municipal civil infraction fines applicable to the business or its premises, current special assessment, installments, etc.). (k) Failure to pay registration fees imposed pursuant to this chapter and resolution of the city commission. (l) Failure or inability of an applicant to meet and satisfy any of the requirements and provisions of this chapter. (m) Failure to allow inspection of the business premises or hazardous material storage records at a reasonable time.. 2. This Ordinance is to become effective ten (10) days after adoption. Ayes: Nays: First Reading: Second Reading: 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 ____ day of _______________, 2017, at which meeting a quorum was present and remained throughout, and that the meeting was conducted and public notice was given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or have been made available as required thereby. Date:_______________________, 2017 ________________________________ Ann Marie Meisch, MMC O:\CLERK\Common\Word\Agenda Items for Next Meeting\2018\042418\15B_Licensing Ordiance; Med. Marij (003).DOC 5 City Clerk Publish: Notice of Adoption to be published once within ten (10) days of final adoption. O:\CLERK\Common\Word\Agenda Items for Next Meeting\2018\042418\15B_Licensing Ordiance; Med. Marij (003).DOC 6 CITY OF MUSKEGON NOTICE OF ADOPTION TO: ALL PERSONS INTERESTED Please take notice that on ___________________, 2017, the City Commission of the City of Muskegon amended Chapter____________, Article ___________ of the Muskegon City Code, summarized as follows: 1. Section __________ is amended to provide_____________. 2. Section ____________ is amended to add ______________. 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 (10) days from the date of this publication. Published: _________________, 2017 CITY OF MUSKEGON By________________________ Ann Marie Meisch, MMC City Clerk ------------------------------------------------------------------------------------------------------------ PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE O:\CLERK\Common\Word\Agenda Items for Next Meeting\2018\042418\15B_Licensing Ordiance; Med. Marij (003).DOC 7 SECTION 2330: MEDICAL MARIHUANA FACILITIES OVERLAY DISTRICTS Two Medical Marihuana Facilities Overlay Districts are hereby created as outlined in Figure 23-2. Within said overlay districts only, certain Medical Marihuana Facilities to the extent licensed pursuant to City Code Sections 34-201 through 34-208 are permitted. A. Overlay Districts: 1. Location: There are two overlay districts where certain Medical Marihuana Facilities are permitted. These overlay districts and their permitted uses are as follows: a. Overlay District 1: Permitted uses include Provisioning Centers, Secure Transporters and Safety Compliance Facilities. b. Overlay District 2: Permitted uses included Provisioning Centers, Growers, Processors, Secure Transporters, and Safety Compliance Facilities. B. Growers and Processors Requirements: 1. Signage. Signage shall be limited to one sign, no larger than 25 square feet and shall not use the word marihuana/marijuana, cannabis or any other word or phrase which would depict marihuana/marijuana; nor may pictures of a leaf or leaves, green cross or any other rendering which would depict marihuana/marijuana be displayed on a sign or any part of the building. 2. Building and Site Amenities. All Grower and Processor facilities must meet the following amenity requirements: a. Bay doors. Buildings must have bay doors in which a secure transport vehicle can enter for delivery. b. Canopy. Buildings must have a canopy or decorative awning over the main entrance to the building. c. Lighting. There shall be ornamental lighting on the exterior of the building at all ingress and egress doors. d. Landscaping plan. Decorative landscaping shall be provided with irrigation. All new construction projects shall require underground sprinkling. e. Carbon filtration system. The building shall be equipped with an activated carbon filtration system for odor control and be maintained in working order. 3. Waste Disposal Plan. A plan must be approved for the disposal of waste, chemicals and unused plant material. 1 4. Security. There must be a security presence in place on the property at all times, either by licensed security guard(s) and/or security cameras. A floor plan with security details is required. C. Provisioning Center Requirements: 1. Hours. Provisioning Centers may operate between the hours 8 am and 8 pm. 2. Signage. Signage shall be limited to one sign, no larger than 25 square feet and shall not use the word marihuana/marijuana, cannabis or any other word or phrase which would depict marihuana/marijuana; nor may pictures of a leaf or leaves, green cross or any other rendering which would depict marihuana/marijuana be displayed on a sign or any part of the building. Windows shall remain free and clear of all advertising. 3. Building and Site Amenities. All Provisioning Centers must meet the following amenity requirements: a. Bay doors. Buildings must have bay doors in which a secure transport vehicle can enter for delivery. b. Canopy. Buildings must have a canopy or decorative awning over the main entrance to the building. c. Security shutters. The interior of all windows shall require security shutters that give the appearance of shutters or window shades. Metal bars and gates are prohibited. d. Lighting. There shall be ornamental lighting on the exterior of the building at all ingress and egress doors. e. Landscaping plan. Decorative landscaping shall be provided with irrigation. All new construction projects shall require underground sprinkling. f. Carbon filtration system. The building shall be equipped with an activated carbon filtration system for odor control and be maintained in working order. 4. Indoor Activities. All activities of a provisioning center shall be conducted within the structure and out of public view. Walk-up and drive thru windows are not permitted. 5. Security. There must be a security presence in place on the property at all times, either by licensed security guard(s) and/or security cameras. A floor plan with security details is required. D. Safety Compliance Facility Requirements: 1. Indoor Activities. All activities of a marihuana safety compliance facility shall be conducted within the structure and out of public view. 2. Building and Site Amenities. All Safety Compliance Facilities must meet the following amenity requirements: a. Canopy. Buildings must have a canopy or decorative awning over the main entrance to the building. 2 a. Lighting. Ornamental lighting is required on the exterior of the building at all ingress and egress doors. b. Landscaping Plan. Decorative landscaping shall be provided and all landscaping shall be irrigated. All new construction projects shall require underground sprinkling. 3. Security. There must be a security presence in place on the property at all times, either by licensed security guard(s) and/or security cameras. A floor plan with security details is required. 4. Chemical waste and plant disposal plan. A list of all chemicals used in testing and how they will be disposed of must be provided. The plan must also show how marihuana plants and products will be disposed. E. Secure Transporter Requirements: 1. Storage. Marihuana and supplies, materials or money shall not be kept in any secure transport vehicle overnight. Outdoor storage, excluding transport vehicles is prohibited. 2. Building and Site Amenities. All Secure Transporter buildings must meet the following amenity requirements: a. Canopy. Buildings must have a canopy or decorative awning over the main entrance to the building. b. Lighting. Ornamental lighting is required on the exterior of the building at all ingress and egress doors. c. Landscaping Plan. Decorative landscaping shall be provided and all landscaping shall be irrigated. All new construction projects shall require underground sprinkling. 3. Security. There must be a security presence in place on the property at all times, either by licensed security guard(s) and/or security cameras. A floor plan with security details is required. 3 SEVENTH SIXTH PARK B-4 SEAWAY LAKETON LAKETON LAKETON I-2 OSR I-2 R-1 ALPHA COMMERCE R-1 JEFFERSON SIXTH FIFTH HOLBROOK B-2 HOLBROOK B-4 TEMPLE R-1 SANFORD I-1 PARK PECK YOUNG MUSKEGON HEIGHTS MUSKEGON HEIGHTS PROPOSED MMFLA DISTRICT 1 I-1 PROPOSED MMFLA DISTRICT 2 SEAWAY PROPOSED MMFLA DISTRICT 3 B-4 GENERAL BUSINESS B-2 CONVENIENCE COMPARISON BUSINESS I-1 LIGHT INDUSTRIAL I-2 GENERAL INDUSTRIAL MUSKEGON HEIGHTS MC MEDICAL CARE OSR OPEN SPACE RECREATION R-1 SINGLE-FAMILY RESIDENTIAL Unofficial document: compiled by Bureau of Medical Marihuana Regulation staff for informational purposes only. This is a working document that may be revised. Updated as of 4/6/18. Highlights indicate changes since 3/23/18. Safety Compliance County Municipality Grower - Class A Grower- Class B Grower - Class C Processor Provisioning Center Secure Transporters Facilities Arenac Au Gres Township no cap no cap no cap no cap no cap no cap no cap Bangor Township 10 10 30 10 6 5 5 Bay City 25 25 25 25 50 25 25 Bay Gibson Township no cap no cap no cap no cap no cap no cap no cap Kawkawlin Township 10 10 50 10 10 6 5 Pinconning Township 5 0 no cap 10 10 6 5 Buchanan 5 5 5 5 5 5 5 Galien Township 2 2 4 5 0 1 2 Berrien Niles no cap no cap no cap no cap 2 no cap no cap Village of Eau Claire 0 0 1 1 0 1 1 Battle Creek no cap no cap no cap no cap no cap no cap no cap Calhoun Bedford Charter Township total of 25 between A,B,C 10 10 5 5 Marshall no cap no cap no cap no cap 0 2 2 DeTour Township 1 1 3 2 0 2 2 Chippewa DeTour Village 2 2 2 2 0 1 1 Crawford Frederic Township no cap no cap no cap no cap 5 no cap no cap Eaton Windsor Charter Township 10 10 10 5 0 2 2 Burton no cap no cap no cap no cap no cap no cap no cap Genesee Mount Morris Charter Township 10 10 no cap no cap 5 5 5 Thetford Township no cap no cap no cap no cap no cap no cap no cap Gladwin Tobacco Township 1 1 1 1 1 1 2 Acme Township no cap no cap no cap no cap no cap no cap no cap Grand Traverse Village of Kingsley no cap no cap no cap no cap 0 no cap no cap Gratiot Seville Township 0 0 0 0 0 0 2 Hillsdale Village of Camden 2 2 2 6 4 6 6 East Lansing no cap no cap no cap no cap no cap no cap no cap Lansing no cap no cap no cap no cap 25 no cap no cap Ingham Lansing Charter Township 1 0 0 0 0 2 0 Village of Webberville no cap no cap no cap no cap 0 no cap no cap AuSable Charter Township total of 3 between A,B,C 3 1 3 3 Iosco Oscoda Charter Township total of 2 between A,B,C 2 2 2 2 Iron Mastodon Township no cap no cap no cap no cap no cap no cap no cap Clare no cap no cap no cap no cap no cap no cap no cap Isabella Wise Township total of 6 between A,B,C 2 2 2 2 Houghton Portage Charter Township 0 0 0 0 3 0 0 Leoni Township no cap no cap no cap no cap 6 no cap unclear: not mentioned Jackson Parma Township 0 0 2 1 0 0 1 Kalamazoo Charter Township no cap no cap no cap no cap no cap no cap no cap Kalamazoo no cap no cap no cap no cap no cap no cap no cap Kalamazoo Ross Township no cap no cap no cap no cap 0 no cap no cap Portage no cap no cap no cap no cap no cap no cap no cap Wakeshma Township 5 5 5 15 0 15 15 Kalkaska Village of Kalkaska no cap no cap no cap no cap 5 no cap no cap Lake Pleasant Plains Township no cap no cap no cap no cap no cap no cap no cap Adrian no cap no cap no cap no cap zoned 5/no cap no cap no cap Lenawee Morenci no cap no cap no cap no cap no cap no cap no cap Center Line 5 5 5 15 15 15 15 Macomb Lenox Township total of 15 between A,B,C 3 3 3 3 Humboldt Township 10 10 10 5 2 2 2 Republic Township 5 5 5 2 2 2 1 Marquette Negaunee Township 5 5 5 2 2 no cap no cap Sands Township 5 5 5 2 4 3 3 Monroe Village of Carleton 1 0 0 1 1 1 1 Newaygo total of 1 between A,B,C 1 0 1 0 Newaygo White Cloud no cap no cap no cap 6 1 2 2 Hazel Park 3 3 3 3 3 3 3 Oakland Walled Lake total of 3 -- type not specified 3 3 2 3 Orion Charter Township 0 0 6 2 0 2 2 Ontonagon Carp Lake Township no cap no cap no cap no cap no cap no cap no cap Evart total of 4 between A,B,C 4 2 2 2 Osceola Richmond Township no cap no cap no cap no cap no cap no cap no cap Ottawa Crockery Township total of 1 between A,B,C 0 1 0 0 Saginaw Village of Chesaning no limit no limit no limit no limit unclear: 2 or 3 no limit no limit Schoolcraft Mueller Township no cap no cap no cap no cap no cap no cap no cap Juniata Township 5 5 5 0 0 2 5 Tuscola Vassar no cap no cap no cap no cap no cap no cap no cap Vassar Township no cap no cap no cap no cap 5 no cap no cap Bangor no cap no cap no cap no cap no cap no cap no cap Hartford 1 1 1 1 1 1 1 Van Buren Porter Township no cap no cap no cap 5 2 5 5 Village of Breedsville no cap no cap no cap no cap 5 no cap no cap Sharon Township total of 4 between A,B,C 4 0 0 0 Washtenaw Ypsilanti total of 3 between A,B,C 3 7 0 0 Inkster no cap no cap no cap no cap 3 no cap no cap Wayne River Rouge no cap no cap no cap no cap no cap no cap no cap