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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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