City Commission Packet 03-08-2011

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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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