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CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 13, 2012
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. National Bike to Work Week Proclamation. CITY CLERK
C. Approval of Amendment to Norton Shores CDBG Contract with the City
of Muskegon. COMMUNITY & NEIGHBORHOOD SERVICES
D. Lakeshore Trails Improvement Fund Agreement. FINANCE
E. Water Filtration Plant East Clarifier Solids Pump Replacement. PUBLIC
WORKS
F. Solid Waste Proposal. PUBLIC WORKS
G. City – MDOT Agreement for Milling and Resurfacing of M-120
(Causeway). ENGINEERING
PUBLIC HEARINGS:
A. Recommendation for Annual Renewal of Liquor Licenses. CITY CLERK
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
NEW BUSINESS:
ANY OTHER BUSINESS:
PUBLIC PARTICIPATION:
Reminder: Individuals who would like to address the City Commission shall do the following:
Fill out a request to speak form attached to the agenda or located in the back of the room.
Submit the form to the City Clerk.
Be recognized by the Chair.
Step forward to the microphone.
State name and address.
Limit of 3 minutes to address the Commission.
(Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
CLOSED SESSION: To Discuss Attorney/Client Information.
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 13, 2012
To: Honorable Mayor and City Commissioners
From: Ann Marie Cummings, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the February 28th
City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 28, 2012
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 28, 2012.
Mayor Warmington opened the meeting with a prayer from Mr. George Monroe
from Evanston Avenue Baptist Church after which the Commission and public
recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Sue Wierengo, Byron Turnquist, Eric Hood, Lawrence Spataro,
and Willie German, City Manager Bryon Mazade, City Attorney John Schrier,
and City Clerk Ann Marie Cummings.
2012-12 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the February 13th Worksession
Meeting and the February 14th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Fireworks Display Permit for the Shrine Circus. CITY CLERK
SUMMARY OF REQUEST: Jordan Productions, Inc. is requesting approval of a
fireworks display permit for March 2nd and 3rd at the L. C. Walker Arena. Fire
Marshall Metcalf has reviewed the request and recommends approval
contingent on inspection of the fireworks.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
C. Amendments to the Zoning Ordinance. PLANNING & ECONOMIC
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DEVELOPMENT
SUMMARY OF REQUEST: Staff has requested the following amendments to the
zoning ordinance:
Amend Article II, “Definitions”, of the zoning ordinance to include definitions for
“Brewpub,” “Micro Brewery,” “Brewery,” “Small Winery,” “Winery,” “Small
Distillery” and “Distillery.”
Amend Article XI (B-2 Districts), Section 1100 and Section 1101 of the zoning
ordinance to allow for “Brewpubs,” “Micro Breweries,” “Small Wineries,” and
“Small Distilleries.”
Amend Article XII (B-3 Districts), Section 1200 and Section 1201 of the zoning
ordinance to allow for “Brewpubs,” “Micro Breweries,” “Small Wineries,” and
“Small Distilleries.”
Amend Article XIII (B-4 Districts), Section 1300 and Section 1301 of the zoning
ordinance to allow for “Brewpubs,” “Micro Breweries,” “Small Wineries,” and
“Small Distilleries.”
Amend Section 1304 (B-5 Districts) of the zoning ordinance to allow for
“Brewpubs,” “Micro Breweries,” “Small Wineries,” and “Small Distilleries.”
Amend Article XIV (I-1 Districts), Section 1400 of the zoning ordinance to allow for
“Micro Breweries,” “Breweries,” “Small Wineries,” “Wineries,” “Small Distilleries,”
and “Distilleries.”
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the zoning ordinance amendments.
COMMITTEE RECOMMENDATION: The Planning Commission unanimously
recommended approval of the requests at their February 16th meeting.
D. Rental Registration Exemption. CITY MANAGER
SUMMARY OF REQUEST: To approve an ordinance amendment to Chapter 10,
Article VI, Section 10-351 Registration of rental dwellings. This amendment would
exempt certain dwellings that are not owner-occupied, but are occupied by
certain relatives of the owner, from the rental registration requirements of the
ordinance.
FINANCIAL IMPACT: Minimum.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the ordinance amendment.
Motion by Commissioner Spataro, second by Commissioner Wierengo to
approve the Consent Agenda as read with the change noted on the
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Worksession Minutes.
ROLL VOTE: Ayes: Wierengo, Turnquist, Warmington, Hood, Spataro, German,
and Gawron
Nays: None
MOTION PASSES
2012-13 NEW BUSINESS:
A. City of Roosevelt Park Water Agreement. CITY MANAGER
SUMMARY OF REQUEST: To approve a new water supply agreement with the
City of Roosevelt Park. The previous agreement expired last October.
FINANCIAL IMPACT: The water rate multiplier is reduced from 1.35 to 1.25 times
Muskegon’s rate, which results in a reverse reduction to the City.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the proposed agreement.
Motion by Vice Mayor Gawron, second by Commissioner Wierengo to approve
the City of Roosevelt Park water agreement with the City of Muskegon.
ROLL VOTE: Ayes: Turnquist, Warmington, Hood, Spataro, German, Gawron, and
Wierengo
Nays: None
MOTION PASSES
B. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following. PUBLIC SAFETY
1675 Pine Street-Garage (Area 13)
845 W. Dale Avenue (Area 12)
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they be demolished within 30 days. It
is further requested that administration be directed to obtain bids for the
demolition of the structures and that the Mayor and City Clerk be authorized
and directed to execute a contract for demolition with the lowest responsible
bidder.
FINANCIAL IMPACT: CDBG Funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to
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concur with the Housing Board of Appeals notice and order to demolish the
garage at 1675 Pine Street and the structures at 845 W. Dale Street.
ROLL VOTE: Ayes: Warmington, Hood, Spataro, German, Gawron, Wierengo,
and Turnquist
Nays: None
ANY OTHER BUSINESS: Request to put the Fisherman’s Landing property
exchange on the April Worksession.
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 5:50 p.m.
Respectfully submitted,
Ann Marie Cummings, MMC
City Clerk
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Commission Meeting Date: March 13, 2012
Date: February 22, 2012
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services Department
RE: Approval of Amendment to Norton Shores CDBG
Contract with the City of Muskegon
SUMMARY OF REQUEST: To approve the amendment to the contract for
City of Norton Shores’ two-year agreement with the City of Muskegon for
CDBG Administration.
After an Environment Review audit by HUD, HUD has requested the
agreement between the City of Norton Shores and the City of Muskegon be
amended to include compliance with National Environmental Policy Act of
1969 (NEPA) and Part 58 for the Environmental Certification compliance
forms.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the amendment to the contract by
the City of Norton Shores for the two-year agreement with the City of
Muskegon for CDBG Administration to include compliance with NEPA and
Part 58 for the Environmental Certification compliance forms.
COMMITTEE RECOMMENDATION: The Norton Shores City Council
approved the amendment at their February 21 meeting.
Date: March 13, 2012
To: Honorable Mayor and City Commissioners
From: Finance Department
RE: Lakeshore Trails Improvement Fund Agreement
SUMMARY OF REQUEST: The Lakeshore Trails Improvement Fund was
established as a small “grow-a-fund” entity at the Community Foundation several
years ago using taxpayer-designated income tax refunds as seed money. The fund
has now grown to a level (>$10,000) at which it qualifies to be managed and invested
as a full-fledged endowment fund by the Foundation.
The attached organization endowment fund agreement allows this transition to take
place. The agreement has been reviewed by staff and the City Attorney.
FINANCIAL IMPACT: There is no immediate financial impact on the City.
Longer-term, it is hoped that the fund will continue to grow and someday be used to
help fund repairs and enhancements to the Trail – costs that would otherwise be
borne by the City.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorization for the Mayor to sign the attached
agreement.
COMMITTEE RECOMMENDATION: None.
COMMUNITY FOUNDATION for MUSKEGON COUNTY
ORGANIZATION ENDOWMENT FUND AGREEMENT
LAKESHORE TRAILS IMPROVEMENT FUND
AGREEMENT made ________________, 2012 between the City of Muskegon, (the "CITY") and
COMMUNITY FOUNDATION for MUSKEGON COUNTY, a Michigan non-profit corporation
(the"FOUNDATION"), with reference to the following facts:
A. The CITY is presently a tax-exempt organization.
B. The FOUNDATION is a publicly-supported community foundation, meeting the public
support test of IRC §509(a) and organized and operated exclusively for charitable purposes as provided in
IRC §501(c)(3).
C. The CITY desires to establish a permanent Endowment Fund with the FOUNDATION which
shall be known as the Lakeshore Trails Improvement Fund (hereinafter referred to as the "FUND").
D. The FOUNDATION, pursuant to the terms of this AGREEMENT and the restrictions imposed
hereby, desires to accept donations to the FUND, and to administer and distribute the same in accordance
with the terms and conditions of this AGREEMENT.
1. Establishment of FUND. The FOUNDATION acknowledges receipt of $10,138.92 as the
initial property of the FUND. CITY and FOUNDATION acknowledge that none of the money donated is
CITY’S money, but rather are donations from individuals donating their tax refund monies, or individuals
making gifts directly to the FUND.
2. Property of the FUND. The FUND shall include the property received to establish the
FUND, such property as may later be transferred to the FOUNDATION from any source for inclusion in
the FUND and accepted by the FOUNDATION, and all undistributed income from the FUND. The
FUND shall be the FOUNDATION’S property held by it in its corporate capacity and shall not be
deemed a trust fund held by it in a trustee capacity. The FOUNDATION shall have the ultimate authority
and control over all property in the FUND, and the income derived therefrom, in accordance with the
Articles of Incorporation and Bylaws of the FOUNDATION (as they may be amended from time to time),
and the terms of this Agreement applied in a manner not inconsistent with said Articles and Bylaws.
3. Designation of Purposes. The FUND shall be used for the general support of the bike
trails which are located within City of Muskegon.
4. Distributions of Income. All or a portion of the spendable income (as defined herein) of
the FUND shall be distributed to CITY upon the written request of CITY, which may be submitted
periodically to the FOUNDATION. The request shall include a City Commission written resolution
approving the request for a distribution from the FUND.
5. Other Distributions. Distributions in excess of the spendable income of the FUND may
be made to the CITY as the FOUNDATION’S Board of Trustees determines. Recommendations for such
distributions may be made from time to time to the FOUNDATION by the CITY’s Commission as
provided in Paragraph 4 above. Excess distributions may be made only from the portion of the FUND’S
balance which represents contributions made by the CITY plus allocated investment realized/unrealized
gains and/or losses to such portion. Recommendations of the CITY’s Commission shall be solely
advisory and not binding on the FOUNDATION.
6. Successors to the CITY.
(a) The FUND will continue for the exclusive use and benefit of the successor or
surviving organization if the CITY merges or consolidates with another entity which is also a tax-exempt
organization.
(b) Upon dissolution of the CITY, the FUND shall continue for the benefit
of such other tax exempt organization as identified by the CITY Commission, providing such
identification is consistent with the charitable purposes of the FOUNDATION. Any designation made
under this section shall be in writing and shall be delivered by the CITY to the FOUNDATION prior to
the filing of legal dissolution of the CITY.
(c) If CITY fails to identify such other tax exempt organization or such
identification is not consistent with the tax-exempt status of the FOUNDATION, the FUND shall become
a part of the Unrestricted Endowment of the FOUNDATION.
7. Variance.
(a) The FOUNDATION agrees that if its Board of Trustees proposes to exercise the
variance power under Article VIII, Section (8) of the FOUNDATION’S Bylaws, the exercise of such
power shall not be effective earlier than at least 30 days after the FOUNDATION notifies CITY in
writing of (i) its intent to exercise such power and (ii) the manner in which the FOUNDATION proposes
to vary the purposes, uses, or methods of administration of the Fund. During the notice period, CITY
may advise the FOUNDATION of its views regarding the proposed exercise of the power and take such
other action as it deems appropriate. If the FOUNDATION becomes aware of any other action instituted
or proposed by any person to vary the purposes, uses, or methods of administration of the FUND, it will
promptly notify the City Commission.
(b) If the FOUNDATION ceases to be a qualified charitable organization or if the
FOUNDATION proposes to dissolve, the assets of the FUND shall, after payment or making provision
for payment of any liabilities, properly chargeable to the FUND, be distributed to CITY. If CITY is not
then a qualified to receive such monies, said assets shall be distributed in such manner and to such
organization or organizations in Muskegon County as satisfies necessary requirements and serves
purposes similar to those of the CITY.
(c) Notwithstanding anything in this Agreement or in the FOUNDATION’S Articles or
Bylaws to the contrary, the FOUNDATION agrees not to exercise the modification provisions contained
in Article VIII of its Bylaws except to the extent and as may be required from time to time by the laws of
the State of Michigan or by the Internal Revenue Code, including the rules and regulations with respect
thereto, in order to qualify the Organization Endowment Fund as a component part of the
FOUNDATION. Internal Revenue Service regulations presently require that any restriction or condition
may be modified if it becomes unnecessary, incapable of fulfillment, or inconsistent with the charitable
needs of the Muskegon County area.
8. Definitions and Construction.
(a) As used in this Agreement:
(i) “Qualified charitable organization” means an organization described
in §501(c)(3) and which is other than a private foundation under §509(a) of the Internal Revenue
Code.
(ii) References to any provision of the Internal Revenue Code shall be
deemed references to the U.S. Internal Revenue Code of 1986 as the same may be amended from
time to time and the corresponding provision of any future U.S. Internal Revenue Code.
(iii) "Spendable income" means the amount determined under the spending
rule policy being used by the Foundation for its component Funds (less fees).
(b) It is intended that the FUND shall be a component part of the FOUNDATION
and that nothing in this Agreement shall affect the status of the FOUNDATION as an entity which is a
qualified charitable organization. This Agreement shall be interpreted in a manner consistent with the
foregoing intention and so as to conform to the requirements of the Internal Revenue Code and any
regulations issued pursuant thereto applicable to the intended status of the FOUNDATION.
(c) Each Fund is charged two fees. One is the investment manager fee, which is
negotiated with the various managers and may vary from year to year. This fee is currently included in
the total net investment gains and/or losses that are applied to the FUND quarterly. The second is a
FOUNDATION administrative fee for the FUND which is currently at .5% and reviewed annually. If
there are transfers of property to the Fund on any day after the first day of the Foundation’s fiscal year,
only a pro-rata portion of the annual fees will be charged against the Fund.
9. Gift Acknowledgments. The Foundation shall make all information with respect
to the FUND available to CITY during normal business hours of the FOUNDATION, or on-line, with
authorization, but not limited to, name, address, amount of gift and restrictions on gift, if any.
10. Copies of AGREEMENT.
The CITY and the FOUNDATION may furnish copies of this AGREEMENT to other potential
donors to the FUND to demonstrate the protocol and procedures that have been put in place with regard to
the administration and disbursement of the FUND.
The Parties execute this Agreement by its duly authorized officers effective as of the day and year above
as evidence of their agreement.
LAKESHORE TRAILS IMPROVEMENT FUND
By: _______________________________________________________
Steve Warmington, Mayor, City of Muskegon
COMMUNITY FOUNDATION for MUSKEGON COUNTY
By: _______________________________________________________
Chris A. McGuigan, President/CEO
k:\dvlp\funds\agreements\2012\lakeshoretrailsimprovementorgfund-cityofmuskegon.doc
Date: March 13, 2012
To: Honorable Mayor and City Commission
From: Department of Public Works – Director
RE: Water Filtration Plant East Clarifier Solids Pump
Replacement
SUMMARY OF REQUEST:
Authorize staff to purchase a Gorman-Rupp solids pump from the lowest
responsible bidder Dubois-Cooper Associates, Inc. and contract with Allied
Mechanical Services, Inc. to install for total cost of $12,410.00
FINANCIAL IMPACT:
$12,410.00
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Authorize staff to purchase a Gorman-Rupp solids pump for the Water
Filtration Plant East Clarifier sump from Dubois-Cooper Associates, Inc for
$8,010.00
Enter into a contract with Allied Mechanical to install the Gorman-Rupp solids
pump and remove old pump for a cost of $4,400.00
Date: February 27, 2012
To: DPW Director – Mohammed Al-Shatel
From: Water Filtration Plant
RE: Water Filtration Plant East Clarifier Solids Pump
Replacement
Summary:
The east clarifier solids pump is failing. It is located in a corridor with process piping
built around it. The area is difficult to get lifting equipment into and to work in. A
new pump that is easier to install and work on in the tight space is proposed.
Part I
We propose to purchase a Gorman-Rupp (T4A3S-B) solids pump for the Water
Filtration Plant East Clarifier sump from Dubois-Cooper Associates, Inc for $8,010.00.
6-8 weeks lead time required before delivery.
Part II
We propose to have a contractor remove the old pump and install the Gorman-Rupp
solids pump. This work will be done by Allied Mechanical Services, Inc. for a cost of
$4,400.00
Approval
To complete the pump installation, slight modifications to the solids transfer piping
must be made. The changes are approved by the MDEQ. Verbal approval from
Steve Busch on 2/27/2012. MDEQ requests drawings to be submitted to document
changes made.
Part I Bid Tabulation for Pump Purchase
Company Address Proposed Price Notes
INDELCO Plastics 6530 Cambridge St $7,704.68
Corp. St. Louis Park, MN.
55426
2509 29th st
Franklin Howerda Co. $9,350.00
Wyoming, MI 49519
DuBois Cooper 905 Penniman $7,780.00 Price is higher but
Assoc., Inc. Plymouth, MI includes training.
48170-0161
Part II Bid Tabulation for Pump Removal and Installation
Company Address Proposed Price Notes
2509 29th st
Franklin Howerda Co. $11,500.00
Wyoming, MI
49519
Northwest Kent 4095 16 Mile Rd $5,970.00
Mechanical Co. Cedar Springs, MI
49319
Allied Mechanical Srvs, 3380 Highland Dr. $4,400.00 * lowest price
Inc. Hudsonville, MI
49426
Date: March 13, 2012
To: Honorable Mayor and City Commissioners
From: DPW
RE: Solid Waste Proposal
SUMMARY OF REQUEST:
Authorize staff to begin negotiation with Republic Services (Allied Waste) on a
contract extension. Republic Services submitted the attached letter proposing an
extension to our current solid waste contract which is slated to expire at the end of
2012. Staff’s recommendation will be brought back to you for consideration at a later
date.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Authorize staff to negotiate with Republic Services a possible contract extension.
COMMITTEE RECOMMENDATION:
Date: March 13, 2012
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City – MDOT Agreement for:
Milling & Resurfacing of M-120 (Causeway)
SUMMARY OF REQUEST:
To approve the attached contract with MDOT for the Milling & Resurfacing of M-120
(Causeway) from US-31 BR to Northerly City Limits and to approve the attached
resolution authorizing the Mayor and City Clerk to sign the contracts.
FINANCIAL IMPACT:
The City’s required participation on this MDOT project is expected to be around
$15,800.
BUDGET ACTION REQUIRED:
The City’s share of $15,800 will needs to be incorporated into the 2012/2013 CIP
budget
STAFF RECOMMENDATION:
Approve the attached resolution and authorize the mayor & clerk to sign the contracts
as well as authorize staff to incorporate this project into the 2012/2013 budget
COMMITTEE RECOMMENDATION:
RESOLUTION__________
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE
MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF
MUSKEGON FOR THE MILLING AND RESURFACING OF M-120 (CAUSEWAY)
BETWEEN US-31BR AND THE NORTHERLY CITY LIMITS. TOGETHER WITH
OTHER NECESSARY RELATED WORK AND AUTHORIZATION FOR MAYOR
STEPHEN J. WARMINGTON AND CITY CLERK ANN CUMMINGS TO EXECUTE
SAID CONTRACT
Moved by_____________________________________and supported by
Commissioner___________________________that the following Resolution be
adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 11-5246 between the
Michigan Department of Transportation and the City of Muskegon for the Milling &
Resurfacing of M-120 from US-31BR to the City’s northerly limits within the City
is in the best interests of the City of Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 11-5246 be and
the same is hereby authorized and approved and the Mayor and Clerk are
authorized to execute said contract for and on behalf of the City of Muskegon.
Adopted this____________day of____________, 2012.
BY
Stephen J. Warmington, Mayor
ATTEST
Ann Cummings, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
____________, 2012. The meeting was properly held and noticed pursuant to
the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of
1976.
CITY OF MUSKEGON
By___________________________
Ann Cummings, City Clerk
Date: March 13, 2012
To: Honorable Mayor and City Commissioners
From: Ann Marie Cummings, 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, 2012, 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 13, 2012, 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, 2012, they will be removed
from this Resolution.
Approved and adopted this 13th day of March, 2012.
AYES:
NAYS:
By:_________________________________
Ann Marie Cummings, MMC
City Clerk
2012 Liquor Licenses
Not in Compliance
Bayside Centre, 3006 Lakeshore
Captain Jack’s Bar & Grill, 1601 Beach
Club Envy, 441 W. Western
Dockers Fish House & Lounge, 3505 Marina View Pt.
Dreamer’s, 978 Pine
Express Lane, 1992 S. Getty
Frontier Liquor Shoppe, 631 W. Southern
Holiday Inn, 939 Third
Lakeshore Tavern, 1963 Lakeshore
Lakeside Club, Inc., 1777 Lakeshore
Lighthouse Liquor, 860 W. Sherman
Los Amigo, Inc., 1848 E. Sherman
Muskegon Family Foods, 1157 Third
Shiva Mart, 2021 Marquette
Shoreline Inn, 750 Terrace Point
The Flamingo II, 1163 E. Laketon
The Old Clover Bar, 817 Forest
Tipsy Toad, 609 W. Western
Westside Inn, 1635 Beidler
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on March 13,
2012. 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 Cummings, MMC
City Clerk
2012 Liquor License Renewals
Treasurer/
Name Address Inspection Income Tax Clerk
Applebee's Neighborhood Grill & Bar 1825 E. Sherman
Bayside Centre 3006 Lakeshore X
Captain Jack's Bar & Grill 1601 Beach X
Clay Avenue Cellars 611 W. Clay
Club Envy 435 & 441 W. Western X X
Community Market 1149 Wood
DJ's Pub 2064 Henry
Dockers Fish House & Lounge 3505 Marina View Pt. X X
Downtown Market 45 E. Muskegon
Dreamer's 978 Pine X
Express Lane 812 W. Laketon
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
Hennessy's Irish Pub 885 Jefferson
Holiday Inn 939 Third X
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 X
Lakeside Club, Incorporated 1777 Lakeshore X
Landmark 1308 W. Sherman
Latitudes Market 3200 Lakeshore
Lighthouse Liquor 860 W. Sherman X
Linne Lodge #57 3132 Lakeshore
Los Amigos, Inc. 1848 E. Sherman Blvd., Suite M X X X
Marine Tap & Grill 1983 Lakeshore
Mike's Inn 555 W. Western
Muskegon Aerie #668, Eagles 611 - 625 W. Western
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
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
Sam's Drink-All 1500 Getty
Shiva Mart 2021 Marquette X
Shoreline Inn 750 Terrace Point X
Treasurer/
Name Address Inspection Income Tax Clerk
Sunny Mart 1301 E. Apple
Sunny Mart 1100 Hackley
Superstop Food Store 2390 Sherman
The Cheese Lady 808 Terrace
The Culinary Institute of Michigan 336 W. Clay
The Flamingo II 1161 - 1163 E. Laketon X X
The Frauenthal Center 413 - 415 W. Western
The Old Clover Bar 817 Forest X
The Sand Bar 1031 W. Laketon
Tipsy Toad 609 W. Western X
Veterans of Foreign Wars Post 446 165 S. Getty
Walgreen's #4835 1000 S. Getty
Walgreen's #5315 840 W. Sherman
Watermark 920 920 Washington
Wayne's Deli 746 W. Laketon
Wesco #13 1075 W. Laketon
Westside Inn 1635 Beidler X X
X - Not in compliance
Closed Establishments
Bonfire 2536 Henry
Chaity Lodge #1397 149 Ottawa
Harbour Towne Yacht Club 3425 Fulton
Someplace Else III/Glenside Pub 1508 W. Sherman
Time Out Bar 313 W. Laketon
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