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CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 25, 2005
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, Michigan at 5:30 p.m., Tuesday, January 25,
2005.
Mayor Warmington opened the meeting with a prayer from Pastor Sarah
Johnson of the Word of Truth Outreach 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 Bill Larson, Commissioner
Chris Carter, Kevin Davis, Stephen Gawron, Clara Shepherd, and Lawrence
Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Gail Kundinger.
2005-07 INTRODUCTIONS/PRESENTATION:
A. National Night Out. POLICE
Denny Powers explained what National Night Out is, thanked Consumers Energy
for their help, and presented certificates to the Neighborhood Associations and
Consumers Energy.
2005-08 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Community Relations
Committee that was held on Monday, January 3, 2005; the Commission
Worksession that was held on Monday, January 10, 2005; and the Regular
Commission Meeting that was held on Tuesday, January 11, 2005.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Contract for Walton Street Project Excavation. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve Community and Neighborhood Services to
execute a contract with Watts Trucking and Excavating, 1872 Austin, Muskegon.
Watts has the lowest bid, which was $13,500.
The CNS Department received three other bids from Accurate Excavators, 4040
Central Rd., Muskegon - $17,950; Eastside Excavators, 5555 Miller, Muskegon -
$30,000; and McCormick Sand Inc., 995 S. 162nd, Shelby - $35,000.
FINANCIAL IMPACT: The funding will be allocated from the City’s 2003 HOME
entitlement.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: The Land Reutilization Committee and the City
Commission approved the Walton Street project.
C. FIRST READING-Zoning Ordinance Amendment for Outdoor Lighting.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2331 of Article XXIII (General
Provisions) to amend the Outdoor Lighting in all districts language regarding
street lighting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend language regarding street lighting.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 1/11 meeting. B. Mazade, P. Sartorius, T.
Johnson, T. Michalski, J. Aslakson, and L. Spataro voted in favor of the change.
S. Warmington, B. Smith and T. Harryman were absent.
D. FIRST READING-Zoning Ordinance Amendment to Require the Same
Front Setback for a Major Street as a Collector Street. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 404, Article IV (R-1 Single
Family Residential); Section 603, Article VI (RT Two Family Residential); Section
703, Article VII, (RM-1 Low Density Multiple-Family Residential); Section 803,
Article VIII, (RM-2 Medium Density Multiple-Family Residential); Sections 903 &
907, Article IX (RM-3 High Density Multiple-Family Residential & MC Medical Care
Districts); Section 1003, Article X, (B-1 Limited Business); Section 1103, Article XI, (B-
2 Convenience and Comparison Business); Section 1203, Article XII, (B-3 Central
Business); Sections 1303 & 1308, Article XIII, (B-4 General Business & B-5 Central
Governmental Service); Section 1403, Article XIV, (I-1 Light Industrial); Section
1503 & 1507, Article XV, (I-2 General Industrial & WI-PUD Waterfront Industrial
Planned Unit Development); Section 1603, Article XVI (OSC Open Space
Conservation); Section 1703, Article XVII, (OSR Open Space Recreation); Section
1803, Article XVIII, (LR Lakefront Recreation); Section 1903, Article XIX (WM
Waterfront Marine); Section 2003, Article XX, (H Heritage), to amend the front
setback requirement for a major street to be the same as a collector street, to
match Table I.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the front setback requirement for a major street to be the
same as a collector street, to match Table I.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 1/11 meeting. B. Mazade, P. Sartorius, T.
Johnson, T. Michalski, J. Aslakson, and L. Spataro voted in favor of the request. S.
Warmington, B. Smith and T. Harryman were absent.
Motion by Commissioner Carter, second by Vice Mayor Larson to approve the
Consent Agenda as submitted.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
2005-09 PUBLIC HEARINGS:
A. Create a Special Assessment District for Southern Ave., Sixth to Seaway.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment for Southern Avenue, Sixth Street to Seaway Drive, and to create the
special assessment district and appoint two City Commissioners to the Board of
Assessors if it is determined to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 5:43 p.m. to hear and consider any comments
from the public. Comments in favor of the project were heard from: Robert
Kendall, 315 W. Southern Avenue; and Mary Jo MCCann, 461 W. Webster,
Representing Nelson Neighborhood Association. Ed Simmons, 973 W. Forest also
commented.
Motion by Commissioner Davis, second by Commissioner Carter to close the
Public Hearing at 5:49 p.m. and create the special assessment district for
Southern Avenue, Sixth to Seaway.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
Carter
Nays: None
MOTION PASSES
2005-10 NEW BUSINESS:
A. Agreement with Muskegon Public Schools for Election Services. CITY
CLERK
SUMMARY OF REQUEST: To approve the Agreement with Muskegon Public
Schools for Elections Services provided for all District School Elections. Under the
new Election Consolidation legislation schools are no longer legally able to
conduct their own elections. All duties are turned over to an Election
Coordinating Committee made up of the clerks from communities in the School
District, the County Clerk and the School District. One individual is selected as
the Election Coordinator and since we have the largest number of residents in
the district, we will be the Coordinator. This really is what we have been doing
over the past 10 years that I have been Clerk in Muskegon. So it is business as
usual regarding school elections except for some specifics in the law that
requires a signed agreement by all members of the District Coordinating
Committee. We will be reimbursed for all actual costs for the Elections. Both the
City Attorney and the School District Attorney have reviewed the agreement
and approved it as written.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
COMMITTEE RECOMMENDATION: Election Coordinating Committee
recommends approval.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the agreement and authorize the Clerk to sign the agreement.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
Davis
Nays: None
MOTION PASSES
B. Taxicab License – Great Lakes Shuttle, 1087 W. Laketon. CITY CLERK
SUMMARY OF REQUEST: Stephanie Tilford of Great Lakes Shuttle, whose office is
located at 1087 W. Laketon, is requesting approval of a license to operate five
taxicabs.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve this request contingent upon approval
from the Police Department, Inspections, and applicant obtaining a special use
permit for the location.
Motion by Vice Mayor Larson, second by Commissioner Spataro to approve the
license contingent upon approval from the Police Department, Inspections, and
applicant obtaining a Special Use Permit.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
Gawron
Nays: None
MOTION PASSES
C. Water Plant Improvements Change Order. WATER FILTRATION
SUMMARY OF REQUEST: To approve change order #6 of the Water Filtration
Plant Improvements Project. A portion of this change order was authorized as
“emergency” within the City’s purchasing plan in order to keep the construction
project on schedule. The remainder of the items are similarly critical but do not
affect the project schedule.
FINANCIAL IMPACT: The total cost of change order #6 is $159,561.
BUDGET ACTION REQUIRED: None at this time. The change order cost will be
applied to the total cost of the Improvements Project as funded by the Drinking
Water Revolving Loan Fund.
STAFF RECOMMENDATION: Staff recommends approval of the items authorized
by the “emergency” procedure and the additional items as indicated in
change order #6.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve
the change order.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
Larson
Nays: None
MOTION PASSES
D. Extending the Deadline for Taking Action on Proposed Mall Historic
District. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To extend the deadline for taking action on the
proposed Mall Historic District. A public hearing was held on January 21, 2004
but no action was taken. This public hearing triggered an automatic one-year
deadline for taking action. Because that deadline has expired, Staff is now
requesting that the City Commission extend the deadline for one more year.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution extending the time period
to take action on whether or not to designate the Mall buildings as a historic
district.
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
resolution extending the deadline for one more year.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
Shepherd
Nays: None
MOTION PASSES
E. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Structures: PUBLIC SAFETY
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 thirty (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.
1. 1263 W. Larch – Area 12
CASE # AND PROJECT ADDRESS: #EN-030173, 1263 W. Larch
LOCATION AND OWNERSHIP: This structure is located on W. Larch between
Ruddiman and McGraft. It is owned by Deutsche Bank Trust in Texas and is
currently in foreclosure. As of 12/03 this structure is owned by Martin/Jane Engle.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
11/20/03. A notice and order to repair was issued 12/3/03. On 1/8/04 the HBA
declared the structure substandard and dangerous. The case returned to the
HBA 12/02/04 to allow new owners time to respond, no one was present and
was declared substandard and dangerous.
OWNER CONTACT: On 1/13/04 a contact for the bank called the Inspection
office and stated the home is in foreclosure and they cannot do anything until
the redemption period is up, which is 6 months. He was faxed all copies of
previous notices. Mr. Engle contacted the Inspection Department in December
2004 stating he no longer owned the property he stated the property was taken
by the bank. He gave contact numbers for Saxon Mortgage formerly Deutsche
Bank. The Inspection Department contacted Saxon Mortgage who first said the
property was sold but the Inspection Department checked and no deed was
registered with said new owner. The title office was contacted that handled the
sale and they reported that the sale was cancelled. Saxon Mortgage was
contacted again who forwarded the Inspection Department to their foreclosure
attorney’s office. The office of the foreclosure attorney Orlands Assoc., reported
that the foreclosure was never completed and that the property was still owned
by Mr. Engle. A memo was sent to Mr. Engle and Saxon Mortgage stating these
findings. There has been no owner contact since this time.
FINANCIAL IMPACT: General Funds
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $18,100.
ESTIMATED COST TO REPAIR: $8,000 plus the cost of interior repairs.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
2. 1856 Continental
CASE # AND PROJECT ADDRESS: # EN-040047, 1856 Continental
LOCATION AND OWNERSHIP: This structure is located on Continental between E.
Holbrook Road and E. Laketon Avenue and is owned by Phyllis Passenier.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted
4/19/04 also an interior inspection was conducted 6/10/04. Mr. and Mrs.
Passenier were present for the HBA meeting. They stated they are in the process
of getting estimates for the repairs now that the insurance company declared
the house fixable. Bob Grabinski inquired on the construction that has been
done to the home without permits and Mr. Passenier stated the house was sold
on a land contract and the buyers did the work. A building permit for siding was
issued 6/12/04. The permit expired 12/9/04.
OWNER CONTACT: There has been no owner contact or inspections scheduled.
FINANCIAL IMPACT: General Fund
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $12,949
ESTIMATED COST TO REPAIR: $30,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
3. 341 Bauer – Area 11
CASE # AND PROJECT ADDRESS: # EN-040041, 341 Bauer
LOCATION AND OWNERSHIP: This structure is located on Bauer between Spring
Street and Pine Street and is owned by Muskegon Monument & Stone.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
4/30/04. No one was present to represent this case at the HBA 7/01/04 meeting.
Henry Faltinowski stated he spoke with John Allen at about 4:30 and he said he
would be at this meeting. A building permit to demolish was issued 7/16/04. The
site has not been cleared of demolition debris.
OWNER CONTACT: There has been no owner contact.
FINANCIAL IMPACT: General Funds
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $1,696
ESTIMATED COST TO REPAIR: Building not salvageable
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
4. 61 Ottawa
CASE # AND PROJECT ADDRESS: # EN-040059, 61 Ottawa
LOCATION AND OWNERSHIP: This structure is located on Ottawa between
Bayou and Marquette and is owned by Abonmarche Developers, P.O. Box 1088,
Benton Harbor, MI 49023.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted
5/25/04. It is a commercial building that has been vacant for some time.
OWNER CONTACT: A fax was received the day of the HBA meeting asking for 6
months to allow them time to sell the structure. There has been no owner
contact since that time.
FINANCIAL IMPACT: General Funds
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $99,900
ESTIMATED COST TO REPAIR: $30,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
5. 1309 Sixth – Area 10
CASE # AND PROJECT ADDRESS: #EN-040067, 1309 Sixth Street.
LOCATION AND OWNERSHIP: This structure is located on Sixth Street between
Monroe Street and Merrill Street and is owned by Yvette Ikens.
STAFF CORRESPONDENCE: This house was inspected by the trade inspectors
3/23/04 after the housing inspector realized it had never been removed from the
dangerous building list since December 2002. At the time of the inspection, the
house was owned by Brian VanFarowe who owns other rental properties in
Muskegon. There has been no contact from him or his property manager, Alex
Fortenberry, since the inspection and in July the house was open. Upon
contacting Mr. Fortenberry about the missing door, it was discovered that Yvette
Ikens had purchased the property on a Land Contract. The city had the
structure boarded 7/9/04.
OWNER CONTACT: There has been no owner contact.
FINANCIAL IMPACT: CDBG
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $14,600
ESTIMATED COST TO REPAIR: $25,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
6. 235 W. Forest
CASE # AND PROJECT ADDRESS: #EN-040034, 235 W. Forest
LOCATION AND OWNERSHIP: This structure is located on Forest Street between
Fifth Street and Sixth Street and is owned by Louis Pimpleton.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted
3/12/04. No one was present to represent this case at the HBA meeting. It was
found open and vandalized by officers in March.
OWNER CONTACT: There has been no owner contact.
FINANCIAL IMPACT: CDBG
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $18,500
ESTIMATED COST TO REPAIR: $10,000 exterior only.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Vice Mayor Larson, second by Commissioner Shepherd to concur
with the Housing Board of Appeals decision to demolish all six structures.
ROLL VOTE: Ayes: Warmington, Carter, Gawron, Larson, Shepherd, and Spataro
Nays: Davis
MOTION PASSES
F. Appointment of Brickley DeLong as the City’s Independent Auditor.
FINANCE
Motion by Vice Mayor Larson, second by Commissioner Spataro to appoint
Brickley DeLong as the City’s auditor.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 6:33 p.m.
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk.
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