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CITY OF MUSKEGON CITY COMMISSION MEETING MARCH 8, 2011 CITY COMMISSION CHAMBERS @ 5:30 P.M. AGENDA CALL TO ORDER: PRAYER: PLEDGE OF ALLEGIANCE: ROLL CALL: HONORS AND AWARDS: INTRODUCTIONS/PRESENTATION: CONSENT AGENDA: A. Approval of Minutes. CITY CLERK B. Purchasing Cards. FINANCE C. Amendment to the Zoning Ordinance – Medical Marihuana Facilities. PLANNING & ECONOMIC DEVELOPMENT D. Application for Special License (Liquor Control Commission). PUBLIC SAFETY E. Request from Consumers Energy for Easements. ENGINEERING F. Liquor License Request for Watermark Banquet and Conference Center, 920 Washington. CITY CLERK PUBLIC HEARINGS: A. Request to Repeal Existing Historic Preservation Ordinance. PLANNING & ECONOMIC DEVELOPMENT B. Request to Amend Chapter 38, Article III of the Code of Ordinances, Historic District Ordinance. PLANNING & ECONOMIC DEVELOPMENT C. Amendment to the City Code of Ordinances – Medical Marihuana Regulation and Licensing. PLANNING & ECONOMIC DEVELOPMENT D. Recommendation for Annual Renewal of Liquor Licenses. CITY CLERK COMMUNICATIONS: CITY MANAGER’S REPORT: UNFINISHED BUSINESS: A. SECOND READING: Amendment to the Zoning Ordinance – Outdoor Lighting. PLANNING & ECONOMIC DEVELOPMENT B. SECOND READING: Rezoning Request for the Property Located at 1221 W. Laketon Avenue. PLANNING & ECONOMIC DEVELOPMENT NEW BUSINESS A. Five-Year Consolidated Plan. COMMUNITY & NEIGHBORHOOD SERVICES 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 Becker, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or TDD: (231) 724-4172. Date: March 8, 2011 To: Honorable Mayor and City Commissioners From: Ann Marie Becker, City Clerk RE: Approval of Minutes SUMMARY OF REQUEST: To approve minutes of the City Commission Meeting that was held on Tuesday, February 22, 2011. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. CITY OF MUSKEGON CITY COMMISSION MEETING FEBRUARY 22, 2011 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, February 22, 2011. Mayor Warmington opened the meeting with a prayer from Pastor Josh Dear from the Lakeside 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 Warmington, Vice Mayor Stephen Gawron, Commissioners Sue Wierengo, Chris Carter, Clara Shepherd, and Lawrence Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Ann Marie Becker. Absent: Commissioner Steve Wisneski (excused) 2011-10 CONSENT AGENDA: A. Approval of Minutes. CITY CLERK SUMMARY OF REQUEST: To approve minutes of the February 7th Commission Worksession Meeting and the February 8th City Commission Meeting. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. B. Amendment to the Zoning Ordinance – Outdoor Lighting. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Staff initiated request to amend Section 2331 (Landscaping, Fencing, Walls, Screens and Lighting) of Article XXIII (General Provisions) of the zoning ordinance to modify the guidelines on outdoor lighting. 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 February 10th meeting. C. Rezoning Request for the Property Located at 1221 W. Laketon Avenue. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Staff initiated request to rezone the property at 1221 W. Laketon Avenue from RM-2, Medium Density Multiple Family Residential District to R-1, Single Family Residential District. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Staff recommends approval of the rezoning. COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the request at their February 10th meeting. D. Easement from Brunswick to Construct Sidewalks along the North Side of Laketon Avenue on Parts of Blocks 438, 458 and 459. ENGINEERING SUMMARY OF REQUEST: Authorize staff to execute the agreement with Brunswick accepting easements to construct sidewalks as part of the upcoming reconstruction of Laketon Avenue between Beidler and Park. Furthermore, if approved, direct staff to record said easements. FINANCIAL IMPACT: One dollar. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Authorize staff to execute agreement and record easements. Motion by Commissioner Spataro, second by Commissioner Shepherd to approve the Consent Agenda as read. ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, and Gawron Nays: None MOTION PASSES 2011-11 NEW BUSINESS: A. ChargePoint Station – Muskegon: Master Services Subscription Agreement. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: The Federal Government has contracted with ChargePoint (Coulomb Technologies, Inc.) to install 297 electric vehicle charge stations in Michigan by October 1, 2011. Thus far, they have installed 70 stations. The West Michigan area will receive several stations, including over 20 in Muskegon County. Currently, there is a ChargePoint station at MAREC. Other municipalities are also having them installed (as well as institutions and businesses). The City has designated two parking spaces in the Western Avenue Parking Lot to be used for a station. We are in discussions with the Arena Management in this regard. FINANCIAL IMPACT: The Federal Government will pay for the ChargePoint station equipment. The City will receive a grant in the amount of $2,500 from the Lou Eklund Fund at the Community Foundation for Muskegon County for the station installation (estimated to be $2,000; any funds remaining can be applied towards future maintenance fees). It is recommended to allow free access for the electrical charge for the first year. If it is determined that the station is being well used, the City can start charging for its use. If the City charges for the station use, there will also be a $.50 per transaction fee and a 7.5% charge per total usage fee from ChargePoint for administration (they will not charge anything if the City does not charge anything). BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the “ChargePoint Master Services Subscription Agreement” between the City of Muskegon and ChargePoint/Coulomb Technologies, Inc. and authorize the Mayor’s signature. Motion by Vice Mayor Gawron, second by Commissioner Wierengo to approve the “ChargePoint Master Services Subscription Agreement” between the City of Muskegon and ChargePoint/Coulomb Technologies, Inc. Motion by Commissioner Spataro, second by Commissioner Carter to amend the motion to allow for authorization after concurrence of the City Attorney and the City Manager. Vote on amendment: ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Gawron, Shepherd, and Spataro AMENDED MOTION PASSES Vote on original motion: ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Gawron, Shepherd, and Spataro MOTION PASSES B. Shoreline Spectacular Request – Labor Day Weekend 2011. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: In accordance with our recently amended Special Events Policy, “applicants requesting a Special Events Liquor License for Labor Day events must go before the City Commission for approval”. The Shoreline Spectacular is requesting approval for their event. The Police Department has not approved their request for a temporary liquor license. FINANCIAL IMPACT: The Shoreline Foundation, which runs Shoreline Spectacular, has an outstanding invoice (#9845846) for their 2010 event. It is City policy that all current charges owed to the City must be paid prior to holding another event. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To deny the request for the Shoreline Spectacular event in 2011, due to the fact that their invoice from 2010 has not been paid and the Police Department has not approved their request for a temporary liquor license. Motion by Commissioner Spataro, second by Vice Mayor Gawron to deny the request for a permit for Labor Day Weekend 2011 by Shoreline Spectacular. ROLL VOTE: Ayes: Gawron, Spataro, Warmington, Wierengo, and Carter Nays: Shepherd MOTION PASSES C. Breakwater Festival Request – Labor Day Weekend 2011. PLANNING & ECONOMIC DEVELOPMENT Removed per request of applicant. 2011-12 ANY OTHER BUSINESS: Commissioner Spataro asked that a resolution in opposition to Senate Bill 34 which would eliminate personal property taxes be prepared and sent to the Governor and Muskegon County Legislative Delegation. ADJOURNMENT: The City Commission Meeting adjourned at 6:00 p.m. Respectfully submitted, Ann Marie Becker, MMC City Clerk Date: March 8, 2011 To: Honorable Mayor and City Commissioners From: Finance Director RE: Purchasing Cards SUMMARY OF REQUEST: The City has used purchasing cards since 1994 as a means to streamline purchasing and vendor payment processes. The State of Michigan recently negotiated its P-card program with Bank of America and is extending the contract to other units of government through the MiDeal joint purchasing program. The state program offers substantial benefits over our current arrangement with 5/3 Bank: Higher rebates – Currently we receive a fixed 1% rebate on P-card purchases. This rebate generates about $35,000 annually. Under the state program our purchasing volume is pooled with the state and other members of the program. Currently, rebates would be about 1.38% and would grow as additional members join the program. User interface – The current card management user interface is not user friendly and has caused some staff dissatisfaction. Staff has worked through a demonstration of the interface for the state P- card and found it to be superior in terms of usability and functionality. FINANCIAL IMPACT: The change will generate an estimated $13,000 in additional rebates that will grow further as program membership increases. Staff efficiencies will be realized from the more user-friendly P-card management user interface. Finally, the City benefits because the state has borne the costs of the RFP and due diligence process. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: Authorize staff to execute documents need to join the state P-card program. COMMITTEE RECOMMENDATION: None. State of Michigan Procurement Card Services Contract Extended to MiDeal Members Bank of America is the provider for the State of Michigan Procurement Card Services – Statewide Contract. As part of the Contract, Bank of America can provide purchasing card services to any city, village, county, township, school district, intermediate school district, non- profit hospital, institution of higher education, community, or junior college in Michigan. These local government bodies must meet the following criteria before the State of Michigan Procurement Card Services – Statewide Contract can be extended to them: 1. The local government body must be a member of the State of Michigan MiDeal program. A current listing of approved program members is available at: http://www.michigan.gov/mideal. 2. The anticipated annual card volume of the local government body must be at least $1MM. Benefits of linking to the State of Michigan Procurement Card Services Contract are: o The need to go through the RFP process is eliminated o Easy enrollment o State pricing including annual rebates beginning at $1MM in annual spend o No program or cardholder fees o Works application to manage your card program o Networking and Best Practices o Assigned Card Account Manager o Assigned Card Account Specialist for servicing needs The main financial benefit to participating in this program is that all of the card volume from the State and all local government bodies is added together to determine the rate-tier for rebate payment. This approach pools the spend from the State and multiple local programs, so that a higher rebate rate is achieved for all programs and that respective percentage is then paid on each member’s portion of the card program expenditure. As an example, four local government bodies participating in the program may have $5 million in annual card spend each. The State may have $30 million in annual card spend. By themselves, the four local bodies would earn a rebate rate at the $5 million tier from their rebate grids. With the State program, the four local government bodies are added together with the State for a total of $50 million and each would be paid the $50 million tier rate on their $5 million of card spend. Many local government clients of ours are realizing the benefits of this program and able to determine that this program offers a much better financial return than each local government body could achieve individually. We welcome our clients’ participation and would recommend a meeting to discuss the opportunity and review the technology capabilities of our card processing system. Here is just a quick overview. Advanced Technology – Works The Bank of America procurement card program offers state of the art technology – Works. Works is a web-based payment management solution that considerably expands the role of purchasing cards within the procurement process. We are pleased to be able to provide our clients with a superior technological solution for consideration. Again, a full demonstration will illustrate the capabilities of the system in the context of the client’s program requirements and objectives. To participate, the local government body would need to be pre-approved for credit worthiness and then sign a Linking Authorization Document which is their agreement with Bank of America to provide the procurement card services as set forth in the State of Michigan Statewide Procurement Card Services Agreement. The implementation of the program would begin as soon as the client is ready and typically takes 60 days. The State of Michigan Procurement Card Services – Statewide Contract No. 071B9200109 can be found on the State of Michigan website. SCHEDULE A TO BANK OF AMERICA CORPORATE PURCHASING CARD AGREEMENT GENERAL PRODUCT FEE SCHEDULE Electronic Payment – No Fee Payment Method and applicable fee: Fee Waived Annual Card Fee (Per Card): Late Fee: Assessed if full payment is not received by Payment Due Date. Central Bill Accounts: Minimum $250.00, Maximum $3,500.00 Not to exceed State of Michigan Law Individual Bill Accounts: Not to exceed State of Michigan Law Not to exceed State of Michigan Periodic Finance Charge: Law 2.00% of transaction amount Cash Advance Fee: Minimum $5.00, no maximum Overlimit Fee: Fee Waived Central Bill Accounts: Assessed when Aggregate Charge Limit is exceeded. Fee Waived Individual Bill Accounts: Assessed when any Card Limit is exceeded. $29.00 per occurrence Returned Payment Fee: Copy Fee: $3.00 per copy Logo Card Fee Waived Logo Fee: Custom Card Not Selected Unique Card Design Fee: 1% of the U.S. Dollar amount International Transaction Fee: SELECTION OF SETTLEMENT PERIOD ___ day cycle/___ day grace period Indicate the Settlement Period or number of days after the statement closing date within which payment is due. SCHEDULE B TO BANK OF AMERICA CORPORATE PURCHASING CARD AGREEMENT ELECTRONIC PRODUCT FEE SCHEDULE Internet Application Options: Works Solution No fee Visa Information Management (VIM) Reporting N/A VIM with Workflow N/A Custom Interface: Interface warranty period of 1 year Development $0 Maintenance $0 Standard Electronic File Delivery Options: EDI 811 $0 Statement Billing File $0 File Express (MasterCard only) N/A AMENDED Attachment A TO BANK OF AMERICA CORPORATE PURCHASING CARD AGREEMENT (Cycle and Grace Days) REBATE DEFINITIONS: Capitalized terms, which are not defined in this Attachment A have the meaning ascribed in Article 1, and/or Article 2, Attachment B (including Addendum) to which this Attachment A is attached. "Calculation Period" means, initially, the 12-month period commencing sixty (60) days after Bank of America receives a fully executed original of this Agreement and thereafter, each subsequent 12- month period. “Cycle Days” means the number of days from the start of the billing period to the statement date. “Grace Days” means the number of days from the statement date that payment is due. "Large Ticket Interchange Transactions" means certain transactions which, based upon the type of merchant and/or transaction dollar amount, are subject to a Visa or MasterCard large ticket interchange program, as determined by and amended by Visa and MasterCard from time to time. "Rebate Multiplier" means the multiplier corresponding to the Standard Transaction Volume and Cycle and Grace Days as set forth in the Standard Transactions Rebate Multiplier Table, and the multiplier corresponding to the Large Ticket Interchange Transaction Volume and Cycle and Grace Days set forth in the Large Ticket Interchange Transactions Rebate Multiplier Table below. “Standard Transactions” means the Transaction Volume not meeting the criteria for Large Ticket Interchange Transactions. "Total Credit Losses" means, for any Calculation Period, the sum of (i) Bank of America's credit losses on the Accounts for the Calculation Period and (ii) Bank of America's credit losses on the Accounts for any previous Calculation Period which have not been applied against any rebate payable under this Agreement. "Transaction Volume" means, for any Calculation Period, the total dollar amount of purchase transactions made with the Cards during the Calculation Period, less the total dollar amount of: returned purchases, credit adjustments, Transactions resulting from Unauthorized Use, and disputed charges. Cash advances and Convenience Checks are not included in Transaction Volume. REBATE CONDITIONS: The program must meet the following conditions in order to qualify for a rebate: (i) During the Calculation Period, Company and Participant pay Bank of America the total amount of the new balance shown as due on each Billing Statement on or before the Payment Due Date; (ii) Neither Company nor Participant has breached any obligation, covenant, representation or warranty contained in this Agreement; (iii) For the Calculation Period, and Transaction Volume is at least $1,000,000.00. REBATE CALCULATION AND PAYMENT: In the event that all of the above Rebate Conditions are met with respect to the Calculation Period, Bank of America shall pay a rebate to Company, which shall be calculated at the end of the Calculation Period in accordance with the respective Multiplier Tables for Standard and Large Ticket Interchange Transactions and using the following equation: (Transaction Volume for Standard Transactions x Rebate Multiplier) + (Transaction Volume for Large Ticket Interchange Transactions x Rebate Multiplier) – Total Credit Losses Payment of any rebate shall be made by ACH credit or other means determined by Bank of America, within 90 days following the end of the Calculation Period. No rebate shall be paid to any Participant. Should one or more of the above Rebate Conditions not be met, Bank of America shall be under no obligation to pay any rebate, although Bank of America may, in its sole discretion, determine to pay a rebate in an amount determined by Bank of America. Bank of America's payment of a rebate in such circumstance shall in no way obligate Bank of America to pay a rebate with respect to any subsequent Calculation Period. STANDARD TRANSACTIONS REBATE MULTIPLIER TABLE Cycle days 14 14 30 30 30 30 30 State of Michigan 09/11/09 Annual Card Volume Tiers Grace days 3 7 3 7 14 20 25 Excludes Large Ticket REBATE BASIS POINTS $1,000,000 $4,999,999 92 88 85 81 74 67 62 $5,000,000 $9,999,999 102 98 95 91 84 77 72 $10,000,000 $14,999,999 112 108 105 101 94 87 82 $15,000,000 $19,999,999 117 113 110 106 99 92 87 $20,000,000 $24,999,999 122 118 115 111 104 97 92 $25,000,000 $29,999,999 135 131 128 124 117 110 105 $30,000,000 $34,999,999 136 132 129 125 118 111 106 $35,000,000 $39,999,999 136.5 132.5 129.5 125.5 118.5 111.5 106.5 $40,000,000 $44,999,999 137 133 130 126 119 112 107 $45,000,000 $49,999,999 137.5 133.5 130.5 126.5 119.5 112.5 107.5 $50,000,000 $54,999,999 138 134 131 127 120 113 108 $55,000,000 $59,999,999 138.5 134.5 131.5 127.5 120.5 113.5 108.5 $60,000,000 $64,999,999 139 135 132 128 121 114 109 $65,000,000 $69,999,999 139.5 135.5 132.5 128.5 121.5 114.5 109.5 $70,000,000 $74,999,999 140 136 133 129 122 115 110 $75,000,000 $79,999,999 140.25 136.25 133.25 129.25 122.25 115.25 110.25 $80,000,000 $84,999,999 140.5 136.5 133.5 129.5 122.5 115.5 110.5 $85,000,000 $89,999,999 140.75 136.75 133.75 129.75 122.75 115.75 110.75 $90,000,000 $94,999,999 141 137 134 130 123 116 111 $95,000,000 $99,999,999 141.25 137.25 134.25 130.25 123.25 116.25 111.25 $100,000,000 $104,999,999 141.5 137.5 134.5 130.5 123.5 116.5 111.5 $105,000,000 $109,999,999 141.75 137.75 134.75 130.75 123.75 116.75 111.75 $110,000,000 $114,999,999 142 138 135 131 124 117 112 $115,000,000 $119,999,999 142.5 138.5 135.5 131.5 124.5 117.5 112.5 $120,000,000 $129,999,999 143 139 136 132 125 118 113 $130,000,000 $139,999,999 144 140 137 133 126 119 114 $140,000,000 $149,999,999 145 141 138 134 127 120 115 $150,000,000 $159,999,999 146 142 139 135 128 121 116 $160,000,000 $169,999,999 147 143 140 136 129 122 117 $170,000,000 $179,999,999 148 144 141 137 130 123 118 $180,000,000 $189,999,999 149 145 142 138 131 124 119 $190,000,000 $199,999,999 150 146 143 139 132 125 120 $200,000,000 $209,999,999 151 147 144 140 133 126 121 $210,000,000 $219,999,999 152 148 145 141 134 127 122 $220,000,000 $229,999,999 153 149 146 142 135 128 123 $230,000,000 $239,999,999 154 150 147 143 136 129 124 $240,000,000 $299,999,999 155 151 148 144 137 130 125 $300,000,000 + 156 152 149 145 138 131 126 LARGE TICKET INTERCHANGE TRANSACTIONS REBATE MULTIPLIER Large Ticket Interchange Cycle Days 14 14 30 30 30 30 30 Qualified Transactions Grace Days 3 7 3 7 14 20 25 Annual Volume REBATE BASIS POINTS $0 $1,499,999 39 35 31 27 20 15 10 $1,500,000 $4,999,999 49 45 41 37 30 25 20 $5,000,000 $19,999,999 59 55 51 47 40 35 30 $20,000,000 + 64 60 56 52 45 40 35 CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO. _____ An ordinance to amend Section 1500 of Article XV which provides for principal uses permitted in I-2 General Industrial Districts. THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS: NEW LANGUAGE Deletions are crossed out and additions are in bold: SECTION 1500: PRINCIPAL USES PERMITTED In an I-2 General Industrial District, buildings and land may be used for one (1) or more of the following specified uses, unless otherwise provided in this Article. 1. Any Principal Use Permitted in the I-1 District, subject to the requirements of this District. 2. Primary metal industries, including foundries, smelting and refining of metal or alloys, rolling and extruding plants. 3. Chemical plants whose manufacturing process produce products which are not hazardous materials as defined in the Fire Code. 4. Paper and pulp manufacturing. 5. Power generating plants. 6. Junk yards and scrap metal processing. 7. Rubber manufacturing or remanufacturing of rubber products. 8. Medical marihuana caregiver facilities to the extent licensed pursuant to City Code Sections 34-101 through 34-107. 9. Uses similar to the above principal uses. This ordinance adopted: Ayes: ____________________________________________________________________________ Nayes: ____________________________________________________________________________ Adoption Date: _____________________________________________________________________ C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\Case 2011‐01 Med Marijuana (2).DOC Effective Date: _____________________________________________________________________ First Reading: ______________________________________________________________________ Second Reading: ____________________________________________________________________ CITY OF MUSKEGON By: ________________________________ Ann Marie Becker, MNC, 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 ___ day of _________, 201_, 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: _____________________, 201_. ____________________________________ Ann Marie Becker, MMC Clerk, City of Muskegon Publish: Notice of Adoption to be published once within ten (10) days of final adoption. C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\Case 2011‐01 Med Marijuana (2).DOC Date: March 8, 2011 To: Honorable Mayor and City Commissioners From: Engineering RE: Request from Consumers Energy Company for Easements SUMMARY OF REQUEST: Consumers Energy Company is seeking four easements from the City of Muskegon for its Muskegon-Cobb #1 and #2 line relocation projects. The project objective is to relocate five High Voltage Distribution lines that currently exist in the wetlands area East of Consumers Energy’s Cobb Generation Plant, to a location out of a wetlands area. This is being done to facilitate access, which could reduce the size and duration of the outages, should an event in the area damage these lines. Access is currently limited, due to changing environmental restrictions. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: None. Date: March 8, 2011 To: Honorable Mayor and City Commissioners From: Ann Marie Becker, City Clerk RE: Liquor License Request Watermark Banquet and Conference Center 920 Washington SUMMARY OF REQUEST: The Liquor Control Commission is seeking local recommendation on a request from Watermark Banquet and Conference Center, LLC, 920 Washington Street to amend initial forms to Enlarge Outdoor Service Area and Drop One Additional Bar Permit for a total of 3 bars. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Departments are recommending approval with zoning issues to be worked out. Date: March 8, 2011 To: Honorable Mayor and City Commissioners From: Ann Marie Becker, City Clerk RE: Recommendation for Annual Renewal of Liquor Licenses SUMMARY OF REQUEST: To adopt a resolution recommending non- renewal of those liquor license establishments who are in violation of Section 50-146 and 50-147 of the Code of Ordinances for the City of Muskegon. These establishments have been found to be in non- compliance with the City Code of Ordinances and renewal of their liquor licenses should not be recommended by the City Commission. If any of these establishments come into compliance by March 22, 2011, they will be removed from this resolution, and recommendation for their renewal will be forwarded to the Liquor Control Commission. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Adoption of the resolution. RESOLUTION RECOMMENDING STATE WITHHOLD RENEWAL OF LIQUOR LICENSES FOR CODE VIOLATIONS Resolution No. THE CITY COMMISSION OF THE CITY OF MUSKEGON DO RESOLVE, that whereas, the attached business establishments in the City of Muskegon have liquor licenses and are found to be in violation of Article V, Section 50-146 and 50-147 of the Code of Ordinances of the City of Muskegon: AND WHEREAS, a hearing was held on March 8, 2011, before the City Commission to allow such licensees an opportunity to refute the determination of the City Commission that such establishments are in non-compliance with the City Code of Ordinances and renewal of their liquor licenses should not be recommended by the City Commission; and WHEREAS, an affidavit of mailing of Notices of Hearing and Notification of Non- Compliance to City Standards to the licensees has been filed; NOW, THEREFORE, BE IT RESOLVED, that the City Commission of the City of Muskegon hereby recommends that these liquor licenses not be approved for renewal, and a copy of this Resolution be sent to the State Liquor Control Commission. If any of these establishments come into compliance before March 22, 2011, they will be removed from this Resolution. Approved and adopted this 8th day of March, 2011. AYES: NAYS: By:_________________________________ Ann Marie Becker, MMC City Clerk Captain Jack's Bar & Grill 1601 Beach Muskegon, MI 49441 Chaity Lodge #1397 149 Ottawa Muskegon, MI 49442 Community Market 1149 Wood Muskegon, MI 49442 Daniels Concessions 2300 Henry Muskegon, MI 49441 Downtown Market 45 E. Muskegon Muskegon, MI 49440 Dreamer's 978 Pine Muskegon, MI 49442 Express Lane 812 W. Laketon Muskegon, MI 49441 Express Lane 1992 S. Getty Muskegon, MI 49442 Frontier Liquor Shoppe 631 W. Southern Muskegon, MI 49441 Ghezzi's Market 2017 Lakeshore Muskegon, MI 49441 Lakeshore Tavern 1963 Lakeshore Muskegon, MI 49441 Latitudes Market 3200 Lakeshore Muskegon, MI 49441 Los Amigos, Inc. 1848 E. Sherman Blvd., Suite M Muskegon, MI 49444 Muskegon Aerie #668, Eagles 611 - 625 W. Western Muskegon, MI 49440 Muskegon Family Foods 1157 Third Muskegon, MI 49441 Pat's Roadhouse 157 S. Getty Muskegon, MI 49442 Racquets 446 W. Western Muskegon, MI 49440 Sam's Drink-All 1500 Getty Muskegon, MI 49442 Shiva Mart 2021 Marquette Muskegon, MI 49442 Sunny Mart 1100 Hackley Muskegon, MI 49441 The Frauenthal Center 413 - 415 W. Western Muskegon, MI 49440 The Flamingo II 1161 - 1163 E. Laketon Muskegon, MI 49442 The Old Clover Bar 817 Forest Muskegon, MI 49442 Time Out Bar 313 W. Laketon Muskegon, MI 49441 Westside Inn 1635 Beidler Muskegon, MI 49441 CERTIFICATION This resolution was adopted at a regular meeting of the City Commission, held on March 8, 2011. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON By: ______________________________________ Ann Marie Becker, MMC City Clerk Treas. Inc. Tax Insp. Police Form Applebee's Neighborhood Grill & Bar 1825 E. Sherman Bayside Centre 3006 Lakeshore Bonfire 2536 Henry Captain Jack's Bar & Grill 1601 Beach X X X Chaity Lodge #1397 149 Ottawa X Clay Avenue Cellars 611 W. Clay Club Envy 435 & 441 W. Western Community Market 1149 Wood X Daniels Concessions 2300 Henry X DJ's Pub 2064 Henry Dockers Fish House & Lounge 3505 Marina View Pt. Downtown Market 45 E. Muskegon X Dreamer's 978 Pine X Express Lane 812 W. Laketon X X Express Lane 1992 S. Getty X X Fricano's Muskegon Lake 1050 W. Western, Suite 200 Frontier Liquor Shoppe 631 W. Southern X Ghezzi's Market 2017 Lakeshore X X X Harbour Towne Yacht Club 3425 Fulton Holiday Inn 939 Third K.B.'s Market 1431 Getty L & G Family Market 1813 Getty L.C. Walker Arena & Conference Center 470 W. Western Lake Express 1918 Lakeshore Lake House Waterfront Grille 730 Terrace Point Lakeshore Tavern 1963 Lakeshore X X Lakeside Club, Incorporated 1777 Lakeshore Landmark 1308 W. Sherman Latitudes Market 3200 Lakeshore X Lighthouse Liquor 860 W. Sherman Linne Lodge #57 3132 Lakeshore Los Amigos, Inc. 1848 E. Sherman Blvd., Suite M X X Marine Tap & Grill 1983 Lakeshore Mike's Inn 555 W. Western Muskegon Aerie #668, Eagles 611 - 625 W. Western X Muskegon Athletic Club 333 Western, Suite B Muskegon Country Club 2801 Lakeshore Muskegon Family Foods 1157 Third X Muskegon Recreation Club 1763 Lakeshore Muskegon Yacht Club 3198 Edgewater Pat's Roadhouse 157 S. Getty X Pizza Hut 1480 Apple Pizza Hut 2590 Henry Polish Falcons Lodge-276 1014 W. Hackley Polish Roman Catholic Union of America 1890 Henry Pop-A-Top Tavern 2185 Henry Port City Cruise Line 560 Mart Porthole Bar 1300 W. Sherman Racquets 446 W. Western X Sam's Drink-All 1500 Getty X Treas. Inc. Tax Insp. Police Form Shiva Mart 2021 Marquette X X Shoreline Inn 750 Terrace Point Someplace Else III/Glenside Pub 1508 W. Sherman Sunny Mart 1301 E. Apple Sunny Mart 1100 Hackley X Superstop Food Store 2390 Sherman The Cheese Lady 808 Terrace The Culinary Institute of Michigan 336 W. Clay The Frauenthal Center 413 - 415 W. Western X The Flamingo II 1161 - 1163 E. Laketon X The Old Clover Bar 817 Forest X The Sand Bar 1031 W. Laketon Time Out Bar 313 W. Laketon X Tipsy Toad 609 W. Western Veterans of Foreign Wars Post 446 165 S. Getty Walgreen's #4835 1000 S. Getty Walgreen's #5315 840 W. Sherman Wayne's Deli 746 W. Laketon Wesco #13 1075 W. Laketon Westside Inn 1635 Beidler X Escrowed Liquor Licenses Lakeview Mart 1930 Lakeshore Pulaski Lodge Group 2809 871 Pulaski Rite-Aid Discount Pharmacy #3326 821 E. Apple Ruby Tuesday #7361-020 1710 E. Sherman TDDK, Inc. 450 - 452 W. Western X - Not in compliance Commission Meeting Date: March 8, 2011 Date: March 1, 2011 To: Honorable Mayor & City Commission From: Community and Neighborhood Services Department RE: Five-year Consolidated Plan ________________________________________________________ SUMMARY OF REQUEST: To allow CNS staff to publish a summary of the 2011 – 2016 City of Muskegon Five-year Consolidated Plan for citizen review for not less than 30 days. A public notice will solicit comments on our proposed plan. STAFF RECOMMENDATION: We are requesting to direct the CNS office to publish a summary of the 2011 – 2016 City of Muskegon Five- year Consolidated Plan.
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