View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 24, 2004
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, February 24,
2004.
Mayor Warmington opened the meeting with a prayer from Pastor Anderson
of the Philadelphia 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 Bill Larson, Commissioners
Chris Carter, Kevin Davis, Stephen Gawron, Clara Shepherd, and Lawrence
Spataro, City Manager Bryon Mazade, City Attorney John Schrier and City Clerk
Gail Kundinger.
2004-21 CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession
that was held on Monday, February 9, 2004, and the Regular Commission
Meeting that was held on Tuesday, February 10, 2004.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
b. Fireworks Display – Shrine Circus. CITY CLERK
SUMMARY OF REQUEST: Jordan Productions, Inc. is requesting approval of a
fireworks display permit for March 5th and 6th, at the Walker Arena. Fire Marshall
Metcalf will inspect the fireworks. The insurance coverage has been approved.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
c. Real Estate Purchase Agreement – Crow Investments. LEISURE SERVICES
SUMMARY OF REQUEST: To authorize the Mayor and Clerk to sign the Real Estate
Purchase Agreement with Crow Investments to purchase property for the
Lakeshore Trail.
FINANCIAL IMPACT: $52,000 from the Golf Course Fund
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve.
d. Sale of Buildable Vacant Lot on Meeking Street. PLANNING &
ECONOMIC DEVELOPMENT
Staff requested item removed for agenda.
e. Sale of Buildable Vacant Lot on Ducey Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot 1030
Ducey Ave. (designated as parcel number 24-612-000-0503-00) to Muskegon
County Habitat for Humanity, 280 Ottawa St., Muskegon, MI. The lot is 150 X 134
ft. and is being offered to the Muskegon County Habitat for Humanity for $9,000.
They plan to split the lot into two 75ft. lots and construct two 1,260 sq. ft., single-
family homes. The homes will conform to the design guidelines contained in the
“Policy for Sale of City-Owned Residential Property.” The True Cash Value (TCV)
for the property listed in the Assessor’s office is $12,000, so our price is set at
$9,000 which is 75% of that amount.
FINANCIAL IMPACT: The sale of this lot for construction of two new homes will
generate additional tax revenue for the City and will place the property back
on the City’s tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and Clerk to sign said resolution.
f. Sale of Buildable Vacant Lot on Erickson Street. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot 440
Erickson St. (designated as parcel number 24-205-140-0005-00) to Muskegon
County Habitat for Humanity, 280 Ottawa St., Muskegon, MI. The lot is 132 X
132ft., and is being offered to the Muskegon County Habitat for Humanity for
$4,125. They plan to split the lot into two 66ft. lots and construct two 1,260 sq. ft.,
single-family homes. The homes will conform to the design guidelines contained
in the “Policy for Sale of City-Owned Residential Property.” The True Cash Value
(TCV) for the property listed in the Assessor’s office is $5,500, so our price is set at
$4,125 which is 75% of that amount
FINANCIAL IMPACT: The sale of this lot for construction of two new homes will
generate additional tax revenue for the City and will place the property back
on the City’s tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and Clerk to sign said resolution.
g. Sale of Buildable Vacant Lot on Albert Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot 1338
Albert Ave. (designated as parcel number 24-611-000-0315-00) to Muskegon
County Habitat for Humanity, 280 Ottawa St., Muskegon, MI. The lot is 150 X 132
ft. and is being offered to the Muskegon County Habitat for Humanity for $9,000.
They plan to split the lot into two 75ft. lots, and construct two 1,260 sq. ft., single-
family homes. The homes will conform to the design guidelines contained in the
“Policy for Sale of City-Owned Residential Property.” The True Cash Value (TCV)
for the property listed in the Assessor’s office is $12,000, so our price is set at
$9,000 which is 75% of that amount.
FINANCIAL IMPACT: The sale of this lot for construction of two new homes will
generate additional tax revenue for the City and will place the property back
on the City’s tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and Clerk to sign said resolution.
h. Sale of Non-Buildable Lot at 538 Jackson Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot at 538
Jackson Ave. (designated as parcel number 24-205-014-0017-00) to J. Arthur
Sanders, owner of 532 Jackson Ave., Muskegon, MI. Approval of this sale will
allow the adjacent property owner to expand his current yard. In keeping with
the unbuildable lot policy, the lot will be offered to the adjacent property owner
with the smallest lot. Therefore, Mr. Sanders will be offered the 24.8 X 207.3-ft lot
for $100. (This sale was approved and the deposit paid in 2003 prior to the $1 Lot
Marketing Plan being approved.)
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back
on the City’s tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and Clerk to sign said resolution.
i. Sale of Non-Buildable Lot at 593 Muskegon Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot at 593
Muskegon Ave. (designated as parcel number 24-205-345-0003-10) to Marie
Rudd, of 597 W. Muskegon Ave., Muskegon, MI. Approval of this sale will allow
the adjacent property owner to expand her current yard. Other adjacent
property owners were offered the other City-Owned lots on that block, but as of
this time have not responded. This lot is being offered to Ms. Rudd for $1 under
the Dollar Lot Marketing Plan.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back
on the City’s tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and Clerk to sign said resolution.
j. Sale of Non-Buildable Lot at 1247 Marcoux Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot at
1247 Marcoux Ave. (designated as parcel number 24-610-000-0178-00) to Garry
& Nancy Workman, owners of 1301 Marcoux Ave., Muskegon, MI. Approval of
this sale will allow the Workman’s to expand the current yard on the house they
are rehabbing. This lot is being offered to the Workman’s for $1 under the Dollar
Lot Marketing Plan.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back
on the City’s tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and Clerk to sign said resolution and deed.
k. Sale of Non-Buildable Lot at 538 S. Getty Street. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot at 538
Getty St. (designated as parcel number 24-612-000-0647-00) to Archer Holdings,
L.L.C., owner of 548 S. Getty St., Muskegon, MI. Approval of this sale will allow
the owners of Dailey Cleaners to maintain and beautify this lot located next to
their business. Since this lot is zoned R-1 Residential, it is being offered to Archer
Holdings, L.L.C. for $1 under the Dollar Lot Marketing Plan for residential lots.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back
on the City’s tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and Clerk to sign said resolution.
l. Sale of Non-Buildable Lot at 1080 Spring Street. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot at
1080 Spring St. (designated as parcel number 24-205-236-0001-00) to Melvin
Kimbrough, Sr., owner of 1112 spring St., Muskegon, MI. Approval of this sale will
allow the owner to expand his current yard. This lot has no room for a driveway;
however, Mr. Kimbrough can apply for a variance for front-yard parking. The
other adjacent property has both a driveway and garage. Therefore, the lot is
being offered to Mr. Kimbrough for $1 under the Dollar Lot Marketing Plan for
residential lots.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back
on the City’s tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and Clerk to sign said resolution.
m. Brownfield Consulting Contract – Ann Couture. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The City of Muskegon has been contracting with Anne
Couture, of Couture Environmental Strategies LLC, during the last six years, to
assist us with our Brownfield activities. She has excellent contacts at the
Department of Environmental Quality, since she worked there several years ago.
Therefore, her assistance is important in moving forward on the technical
aspects of our Brownfield Authority, as well as grant application assistance. Not
only does Ms. Couture work closely with our City Staff, but we also refer potential
brownfield applicants to her. Since we instituted a Brownfield Redevelopment
Authority application fee, in the amount of $2,500, the City has received funds
which help defray the costs of the contract (in fact, in 2003, there were five
applications). Funds for Ms. Couture’s current contract have been expended.
Therefore, the Commission is asked to approve the current proposal from Ms.
Couture.
FINANCIAL IMPACT: Costs to the City will not exceed $15,000. It is expected that
this amount will allow for at least one year of services.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the proposal between the City of
Muskegon and Couture Environmental Strategies LLC, and authorize the Mayor
and Clerk to sign the proposal.
n. FIRST READING: Police Command: Pension Ordinance Change.
ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: To adopt the pension ordinance change resulting from
contract negotiation with the Police Officer Command Unit. In January, the
Commission approved tentative agreements (TA) reached with the Command
unit; among TAs was a proposed change in the pension multiplier from 2.5% to
2.75% (for normal retirement) effective 12/31/06, and change the retirement
age from 55w/25 years of service to age 53 w/25 years of service. This is a
normal follow-up action that takes place after the actuarial has reviewed the
appropriate language that will be reflected in the contract.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval.
o. Consideration of Bids: 2004 Sidewalk Replacement Program.
ENGINEERING
SUMMARY OF REQUEST: The 2004 Sidewalk Replacement contract be awarded
to Accurate Excavators out of Muskegon. Accurate was the lowest, responsible
bidder with a bid price of $200,690.10.
FINANCIAL IMPACT: The construction cost of $200,690.10 plus related
engineering expenses.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Award the contract to accurate Excavators.
p. Consideration of Bids: Torrent Street, Sherman to Letart. ENGINEERING
SUMMARY OF REQUEST: The contract to construct a new paved (Asphalt) street
on Torrent between Sherman & Letart be awarded to McCormick Sand Co. out
of Shelby. McCormick Sand was the lowest, responsible bidder with a bid price
of $71,692.10.
FINANCIAL IMPACT: The construction cost of $71,692.10 plus related engineering
expenses.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Award the contract to McCormick Sand Co.
r. Donation of Salvaged Boiler. ENGINEERING
SUMMARY OF REQUEST: Your authorization to donate a boiler that was salvaged
from a previous Filtration plant upgrade to Mount Zion Church of God in Christ is
requested. This boiler is of no use in any of the City owned buildings and has
been setting idle, collecting dust for the last four to five years. After checking
with contractors, we were informed that the cost to assemble is about $2,500
and to install would cost around the same amount.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Donate the Boiler to Mount Zion Church of God in
Christ.
Motion by Vice Mayor Larson, second by Commissioner Davis to approve the
Consent Agenda as read, minus Item Q.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington,
Carter
Nays: None
MOTION PASSED
2004-22 ITEMS REMOVED FROM CONSENT AGENDA
q. Consideration of Bids: Walnut Street, Thompson to Wilcox.
ENGINEERING
SUMMARY OF REQUEST: The milling & resurfacing as well as water service
contract (H-1576) on Walnut between Wilcox & Thompson be awarded to
McCormick Sand Co., out of Shelby. McCormick Sand was the lowest,
responsible bidder with a bid price of $41,360.00.
FINANCIAL IMPACT: The construction cost of $41,360 plus related engineering
expenses.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Award the contract to McCormick Sand Co.
Motion by Commissioner Spataro, second by Vice Mayor Larson to award the
milling and resurfacing as well as water service contract on Walnut between
Wilcox & Thompson to McCormick Sand Co.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter,
Davis
Nays: None
MOTION PASSED
2004-23 PUBLIC HEARINGS:
a. Request for the Transfer of an Industrial Development Certificate –
Burgess-Norton Mfg. Co. to Re-Source Industries, Inc. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Re-
Source Industries, Inc., 1485 S. Getty St., Muskegon, MI has requested the transfer
of Industrial Development Certificate No. 96-741 for property located at 1485
Getty St., Muskegon, Mi. The certificate was originally requested October 22,
1996 by Burgess-Norton, Manufacturing Co. The transfer will be for real property
only. Re-Source Industries Inc., is a company performing high volume
production machining, and will be transferring their business from their plant in
Coopersville.
FINANCIAL IMPACT: Certain additional income and property taxes will be
collected.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution transferring the Industrial
Development Certificate to Re-Source Industries, Inc.
The Public Hearing opened at 5:51pm to hear comments from the public. There
were no comments heard at this time.
Motion by Vice Mayor Larson, second by Commissioner Carter to Close the
Public hearing at 5:54 pm and to approve the resolution transferring the Industrial
Development Certificate to Re-Source Industries Inc.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis,
Gawron
Nays: None
MOTION PASSED
b. 2004-2005 Public Hearing Proposals. COMMUNITY & NEIGHBORHOOD
SERVICES
SUMMARY OF REQUEST: To accept the proposal packets of proposals solicited by
CNS office for the 2004-2005 fiscal year. To instruct the CNS office to continue
with the Consolidated Planning process which includes proposal reviews and
recommendation by both the Citizen’s District Council (CDC) board and
administration before being brought to the City Commission for preliminary and
final decisions.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To instruct the CNS office to continue the
consolidated planning process for fiscal year 2004-2005.
The Public Hearing opened at 5:55pm to hear comments from the public. There
were no comments heard at this time.
Motion by Commissioner Spataro, second by Commissioner Shepherd to close
the Public Hearing at 6:04pm and to accept the packets of proposals solicited
by CNS office for the 2004-2005 fiscal year and to instruct the CNS office to
continue the consolidated planning process for fiscal year 2004-2005.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron,
Larson
Nays: None
MOTION PASSED
c. Create Special Assessment District for Austin Street, Barney to Delano.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Austin, Barney to Delano 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 and assign two City
Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 6:06pm to hear comments from the public.
Comments in opposition were heard from Herbert Grissom of 2278 Austin and
Roger Neilsen of 2156 Austin. Comments in favor were heard from Mary Hussey
of 2115 Austin, William Odneil of 2142 Austin, Patricia Cole of 2124 Austin and
Jacqueline Vines of 2174 Continental.
Motion by Commissioner Spataro, second by Commissioner Carter to close the
Public Hearing at 6:35pm and to create the special assessment district for Austin,
Barney to Delano and appoint two Commissioners (Carter and Gawron) to the
Board of Assessors by adopting the resolution.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson,
Shepherd
Nays: None
MOTION PASSED
d. Create Special Assessment District for Ridge Avenue, Cumberland to
Wickham. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Ridge Ave., from Cumberland St. to Wickham St. 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
STAFF RECOMMENDATION: To create the special assessment and assign two City
Commissioners to the Board of Assessors by adopting the resolution
The Public Hearing opened at 6:43pm to hear comments from the public. There
were no comments heard at this time.
Motion by Vice Mayor Larson, second by Commissioner Davis to close the Public
Hearing at 6:46pm and to deny the request to create the special assessment
district of the Ridge Ave., from Cumberland St. to Wickham St.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Larson
Nays: Gawron, Shepherd, Spataro
MOTION PASSES
e. Create Special Assessment District for Hudson Street, Forest to Southern.
ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment of the Hudson St., Forest to Southern, 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
STAFF RECOMMENDATION: To create the special assessment and assign two City
Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 6:47pm to hear comments from the public. There
were no comments heard at this time.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing at 6:50pm to approve the request to create the special
assessment district for Hudson St., Forest to Southern and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the
project.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington
Nays: Larson
MOTION FAILED
2004-24 NEW BUSINESS:
a. 2004 Fee Schedule. ENGINEERING
SUMMARY OF REQUEST: Amend the 2004 Fee Schedule to include a $30.00 none
refundable fee to obtain construction contract documents and plans. At the
present time we have a $25.00 deposit which is refundable upon the return of
the documents. The deposit is not effective at this time since we are issuing an
average of 15-contracts per projects and when they are returned we have little
or no use for all of them.
FINANCIAL IMPACT: Saving of about $450 per year.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the amendment and add to the 2004 fee
schedule the cost for construction documents.
Motion by Commissioner Carter, second by Vice Mayor Larson to approve the
amendment to the 2004 Fee Schedule to include a $30.00 none refundable fee
for construction contract documents and plans.
ROLL VOTE: Ayes Davis, Gawron, Larson, Shepherd, Spataro, Carter
Nays: None
Out of Room: Warmington
MOTION PASSED
b. FIRST READING: Zoning Ordinance Amendment for Signs. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2334 (Signs) of Article XXIII
(General Provisions) of the City’s Zoning Ordinance in regards to prohibited and
exempt signs. The amendment creates provisions regarding the installation of
“Community Promotional” banners on poles located on City property.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend and add proposed language in the articles and sections
described above, with the recommended modifications proposed by the
Planning Commission.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 2/12 meeting. The Planning Commission
deleted the need for an encroachment agreement with the City and added
that there be an agreement with the owner of the pole. This is reflected in the
proposed ordinance. The vote was unanimous with B. Smith absent.
Motion by Vice Mayor Larson, second by Commissioner Spataro to amend
Section 2334 (Signs) of Article XXIII (General Provisions) of the City’s Zoning
Ordinance in regards to prohibited and exempt signs, and approve the Planning
Commissions recommendation to delete the need for an encroachment
agreement with the City and that there be an agreement with the owner of the
pole.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter,
Davis
Nays: None
MOTION PASSED
c. Extension of Renaissance Zone Agreement Terms – Shaw Walker.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The City of Muskegon designated the Shaw Walker
property as a Renaissance Zone in October 2002. As part of the process, an
agreement was entered into with the owner/developer, P & G Holdings, LLC.
The Agreement stated that P & G Holdings would invest at least $3,000,000 in
the property within two years from the date of the property designation as a
Renaissance Zone. Since it has taken longer than expected for the owner to
receive their Remedial Action Plan amendment (RAP – which allows them to
include residential in the building) from the MDEQ, the owners are requesting an
extension on their development requirements. The owners have stayed in
continual contact with City staff throughout this process. They now have their
approved amended RAP and will take out building permits for the Phase I
construction prior to February 24, 2004. They are asking for a one-year extension
on our Agreement, to ensure that construction is completed within the
requirements of the Agreement.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the “First Amendment to Development
Agreement, City of Muskegon Renaissance Zone”, allowing for a time extension
to September 1, 2005 to complete Phase I improvements to the Shaw Walker
property.
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
“First Amendment to Development Agreement, City of Muskegon Renaissance
Zone”, allowing for a time extension to September 1, 2005 to complete Phase 1
improvements to the Shaw Walker property.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis,
Gawron
Nays: None
MOTION PASSED
d. Nugent Sand Pipeline Construction. CITY MANAGER
SUMMARY OF REQUEST: To consider intervening in Nugent Sand’s appeal of the
DEQ decision to deny the permit to construct a pipeline through the Lake
Michigan dune.
FINANCIAL IMPACT: $3,000 - $5,000 to file motion to intervene.
BUDGET ACTION REQUIRED: An amendment to the 2004 Budget would be
required.
STAFF RECOMMENDATION: None
Motion by Commissioner Spataro, second by Commissioner Larson to authorize
staff to pursue intervening in Nugent Sand’s appeal of the DEQ decision to deny
the permit to construct a pipeline through the Lake Michigan dune.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron,
Larson
Nays: None
MOTION PASSED
e. Milwaukee Clipper Request. LEISURE SERVICES
SUMMARY OF REQUEST: S.S. Milwaukee Clipper Preservation, Inc. has requested
that they be allowed to permanently moor the Milwaukee Clipper along the
peninsula at Hartshorn Marina.
FINANCIAL IMPACT: Unknown
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Develop a contract to be brought back to the City
Commission.
COMMITTEE RECOMMENDATION: The Leisure Services Board recommends
approval of the request.
Motion by Vice Mayor Larson, second by Commissioner Gawron to direct staff to
develop a contract have it be brought back to the City Commission.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson,
Shepherd
Nays: None
MOTION PASSED
f. Public Safety Administrative Consolidation. CITY MANAGER
SUMMARY OF REQUEST: To endorse a proposal to consolidate the administration
of police, fire and inspections.
FINANCIAL IMPACT: Projected first-year net savings of $102,820.
BUDGET ACTION REQUIRED: Savings will be accounted for in future budget
amendments.
STAFF RECOMMENDATION: To approve the request.
Motion by Commissioner Spataro, second by Commissioner Gawron to endorse
the proposed Public Safety Administrative Consolidation.
Motion and second amended to endorse the proposal to consolidate the
administration of the Police, Fire, and Inspections and include a request that staff
prepare a recommendation based on the Firefighters information and the
Ludwig proposal and that it be brought back to this Commission no later than
March 23, 2004.
ROLL VOTE: Ayes: Warmington, Carter, Gawron, Larson, Shepherd, Spataro
Nays: Davis
MOTION PASSED
g. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: INSPECTION SERVICES
SUMMARY OF REQUEST: This is to request the City Commission concur with the
Housing Board of Appeals that the structures located at the following addresses
are unsafe, substandard, public nuisances 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 at the lowest
responsible bidder.
Staff requested that 637 Amity and 267 Merrill be removed from the agenda.
1. 346 Mason
CASE 3 & PROJECT ADDRESS: #EN030171 – 346 Mason
LOCATION AND OWNERSHIP: This structure is located on Mason between Sixth
and Seventh Streets and is owned by James Foster.
STAFF CORRESPONDENCE: This case began from a referral from the housing
inspector because of life safety issues. The house had been illegally converted
to 2 units (without permits) and the owner was given 72 hours to have electrical
repairs completed. On 6/18/03 the Director of Inspections notified James Foster
that due to the life safety issues the tenants were being removed from this rental
house. On 11/20/03 an exterior dangerous building inspection was conducted.
A notice and Order to remove or repair was issued 12/3/03. On 1/8/04 the case
was heard before the HBA and Mr. Foster was present. The structure was
declared on that date. Due to conversations with the attorney for the
mortgage company this office has verified with equalization the ownership,
based on a quit claim deed, of this property.
OWNER CONTACT: James Foster was present at the 1/8/04 HBA meeting and
stated he wanted to save the house. He said he was buying the house back
from Jason Hancock. He was told on that date that he would need to prove
ownership, schedule an interior inspection, submit a timetable for repairs and
pull necessary permits.
FINANCIAL IMPACT: The demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None
SEV: $18,700
ESTIMATED COST OF REPAIRS: $35,000
2. 828 W. Southern
CASE # & PROJECT ADDRESS: #EN030178 – Address 828 W. Southern
LOCATION AND OWNERSHIP: This structure is located on Southern between
Division and Henry. It is owned by John Joseph, last known address of Grand
Haven, MI.
STAFF CORRESPONDENCE: A dangerous building interior inspection was
conducted 11/8/03 and Notice and Order to repair or remove was issued
12/1/03. On 1/8/04 the HBA declared the structure substandard and dangerous.
OWNER CONTACT: There has been no contact from John Joseph. Julia
Summerville’s daughter was present at the 1/8/04 HBA meeting and stated her
mother thought she was buying the house from Mr. Joseph. She was advised to
seek legal advice.
FINANCIAL IMPACT: The demolition will be paid with General Funds.
BUDGET ACTION REQUIRED: None
SEV: $22,100
ESTIMATED COST OF REPAIRS: $23,000
3. 1719 Wood (Garage only)
CASE # & PROJECT ADDRESS: #EN030090 – 1719 Wood St. – Garage only
LOCATION AND OWNERSHIP: This structure is located on Wood between E. Dale
and E. Larch and is owned and occupied by Andrew Patricio.
STAFF CORRESPONDENCE: This garage was written as dangerous on 5/29/03 and
the Notice and Order to repair or remove was issued 6/12/03. The case was
scheduled to go before the HBA on 9/4/03, but was removed from the agenda
when a permit to demolish the garage was applied for by the owner. The
garage was not demolished and on 11/6/03 the HBA declared the garage.
OWNER CONTACT: On 6/16/03 the owner came into the Inspection office and
scheduled an inspection on the foundation of the garage. The owner stated he
works out of town and would check back later. He mailed in a demolition
permit in July and stated he will come in and pay for it later when he is in town.
On 9/2/03 Mr. Patricio reapplied for a demolition permit. The permit is expired
and the garage has not been demolished.
FINANCIAL IMPACT: The demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None
SEV: $14,900 (house and garage)
ESTIMATED COST OF REPAIRS: $1,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Gawron, second by Commissioner Shepherd to concur
with the Housing Board of Appeals decision to demolish 346 Mason, 828 W.
Southern and 1719 Wood (Garage).
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSED
The Regular Commission meeting for the City of Muskegon was adjourned at
7:39pm.
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk
Sign up for City of Muskegon Emails