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CITY OF MUSKEGON CITY COMMISSION MEETING JUNE 23, 2009 CITY COMMISSION CHAMBERS @ 5:30 P.M. AGENDA CALL TO ORDER: PRAYER: PLEDGE OF ALLEGIANCE: ROLL CALL: HONORS AND AWARDS: INTRODUCTIONS/PRESENTATION: A. 2009 Interns. AFFIRMATIVE ACTION CONSENT AGENDA: A. Approval of Minutes. CITY CLERK B. Vacant Building Registration Ordinance Amendments. PLANNING & ECONOMIC DEVELOPMENT C. Fireworks Display Permit for Muskegon Summer Celebration. CITY CLERK D. Liquor License Transfer Request for the Frauenthal, 413-415 W. Western. CITY CLERK E. Award of Consulting Contracts for United States Environmental Protection Agency (USEPA) Assessment Grant. PLANNING & ECONOMIC DEVELOPMENT F. Sale of Buildable Vacant Lot at 458 Monroe. PLANNING & ECONOMIC DEVELOPMENT G. Contract for Excavation at 525 Orchard. COMMUNITY & NEIGHBORHOOD SERVICES H. Memorandum of Understanding-Justice Assistance Grant. PUBLIC SAFETY I. Federal Assistance to Firefighters Grant-Fire Station Construction. PUBLIC SAFETY J. Installation of Fire Alarm System at City Hall. ENGINEERING K. Request to Purchase Tax-Reverted Properties. PLANNING & ECONOMIC DEVELOPMENT L. City – MDOT Agreement for the Reconstruction of Laketon Avenue from Peck to Wood. ENGINEERING M. City – MDOT Agreement for the Reconstruction of Park/Seventh from Southern to Houston. ENGINEERING PUBLIC HEARINGS: COMMUNICATIONS: CITY MANAGER’S REPORT: UNFINISHED BUSINESS: NEW BUSINESS: A. Termination of Restrictive Covenant for 1469/1470 Lakeshore Drive. PLANNING & ECONOMIC DEVELOPMENT B. Concurrence with the Housing Board of Appeals Notice and Order to Demolish the Following: PUBLIC SAFETY 1464 Sixth Street, (home and garage) Area 10 718 E. Isabella Avenue, (home and garage) 1201 Pine Street, (garage) Area 11b 1411 Sixth Street, Area 10 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: June 23, 2009 To: Honorable Mayor and City Commissioners From: Ann Marie Becker, City Clerk RE: Approval of Minutes SUMMARY OF REQUEST: To approve minutes for the June 8th Commission Worksession, and the June 9th Regular Commission Meeting. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. City of Muskegon City Commission Worksession June 8, 2009 City Commission Chambers 5:30 PM MINUTES 2009-48 Present: Commissioners Warmington, Carter, Wierengo, Shepherd, Wisneski, Gawron, and Spataro. Absent: None. Deer Herd in Beachwood. A petition from residents of Beachwood was presented to the City Commission by Jean Gray requesting the City develop a system to eliminate some deer in the Beachwood neighborhood. Other residents spoke and stated the same concern. The Commission requested the City Manager place a call to the MDNR and ask that a representative attend the next Worksession meeting in July. Third Street Promenade. Gary Post a representative of Baker College made a presentation requesting that the City partner with the Third Street Promenade for additional improvements. They request the City Commission consider making a contribution and donating in-kind services to the project. The project is expected to cost approximately $750,000 when all is done. The Mayor explained the Commission will be considering budget cuts this evening and he would not feel comfortable offering assistance on the project at this time. Other Commissioners re-iterated the same thoughts. Charter Amendments. Six charter amendments are being proposed to be placed on the November ballot. They are as follows: 1. Allowing City Commission to change the fiscal year. 2. Charter relating to the tax collection cycle 3. Date for submission of the budget 4. Eliminating the Charter provision relating to Board of Review sessions 5. Eliminating requirement for primaries 6. Eliminating the Civil Service System Motion by Commissioner Spataro, seconded by Commissioner Wierengo to adopt the resolutions to move forward with the proposed charter amendments and place on the November ballot. ROLL CALL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd, and Spataro. Nays: None. MOTION PASSES Second Quarter Budget Reforecast. Commissioners clarified some budget reforecast recommendations as proposed by administration. Tim Paul stated the 2010 budget will be dismal. Mayor Warmington asked that residents and employees contact their Representative and tell them not to cut the City’s State Shared Revenue. Several employees addressed the Commission. Commissioner Carter urged the unions to gather together and suggest ways for employees to retain their jobs. Any reductions must be made across the board. Milwaukee Clipper Relocation. The City Manager asked if the City Commission would like to include a proposal to the Waterway Commission to move boaters from the small boat basin and requiring relocation to the large boat basin. The MDNR recommends the small boat basin be moved. There are approximately 28 boats in the small boat basin. Cost of the large boat basin is triple the cost of the small boat basin. The Commission is not interested in moving the small boat basin and asked that the original proposal be presented to relocate the Milwaukee Clipper. Kathy Evans Presentation. An update from representatives of WMSRDC was given of the proposed south branch and Grand Trunk design project. Recipients of the grant will be notified by the end of June. Any Other Business. Public participation was accepted. Closed Session to Discuss City Manager’s Evaluation. Moved by Commissioner Carter, seconded by Commissioner Shepherd to go into closed session to discuss the City Manager’s evaluation. ROLL CALL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and Warmington. Nays: None. MOTION PASSES Moved by Commissioner Carter, seconded by Commissioner Spataro to go into open session. ROLL CALL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington, and Wierengo. Nays: None. MOTION PASSES Adjournment Motion by Commissioner Carter, seconded by Commissioner Spataro to adjourn at 7:55 p.m. MOTION PASSES ________________________ Ann Marie Becker, MMC City Clerk CITY OF MUSKEGON CITY COMMISSION MEETING JUNE 9, 2009 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, June 9, 2009. Mayor Warmington opened the meeting with a prayer from Commissioner Clara Shepherd 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 Steve Wisneski, Chris Carter, Clara Shepherd, Lawrence Spataro, and Sue Wierengo, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Ann Marie Becker. 2009-49 CONSENT AGENDA: A. Approval of Minutes. CITY CLERK SUMMARY OF REQUEST: To approve the minutes of the Regular Commission Meeting that was held on Tuesday, May 26th. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. B. Approval of a Neighborhood Enterprise Zone Certificate. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone certificate has been received from Fred Glancy for the rehabilitation of a historical home in the McLaughlin neighborhood at 1164 Terrace Street. The property is located in a Neighborhood Enterprise Zone for Rehab and New Construction. The application states that the estimated cost for construction will be $110,000 in materials. The applicant has met local and state requirements for the issuance of the NEZ certificate. Approval or denial by the City Commission is required within 60 days of the application date and must be forwarded to the State Tax Commission. FINANCIAL IMPACT: Taxation will be 50% of the State average for the next 12 years. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approve issuance of the NEZ certificate. C. Revocation of a Neighborhood Enterprise Zone Certificate. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Ashley C. Gill is in violation of the Neighborhood Enterprise Zone certificate in that the home at 1203 4th Street is no longer owner occupied and there is a balance owing on the 2008 property taxes. The State requires that a home with a Neighborhood Enterprise Certificate be owner occupied and that the property taxes be paid. Staff sent a letter to the owner advising them of these issues on May 13, 2009 with a deadline of May 28, 2009 with no response to the letter and the 2008 property taxes remain unpaid. FINANCIAL IMPACT: The property will no longer be able to take advantage of the certificate number 2006-0974 which allowed taxation at 50% of the State average for a stated number of years. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approve revocation of the NEZ certificate and have the Mayor and City Clerk sign the resolution and submit it to the State Tax Commission. D. Transportation Funding Resolution. CITY MANAGER SUMMARY OF REQUEST: To adopt a resolution in support of a comprehensive transportation funding package to maintain and improve Michigan’s roads. FINANCIAL IMPACT: A comprehensive transportation funding package would provide significant increased funding to the City, as reflected by these figures provided by the Michigan Municipal League. MDOT-MTF Forecast Scenario AGENCY FY 2008 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 City Reg & Tax Only Estimated Estimated Estimated Estimated Estimated Muskegon 2,863,728 3,602,691 4,081,113 4,560,426 5,040,673 5,293,145 BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To adopt the resolution and distribute it accordingly. F. Addition of a Clause to the IFT Contract. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the addition of a clause to the Industrial Facilities Tax Abatement contract that will discourage companies from appealing the valuation of any real or personal property at their facility to the Michigan Tax Tribunal or the State Tax Commission. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the new IFT contract clause (section 1.6). G. Approval of Department of Energy Grant. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the request to submit a grant application to the U.S. Department of Energy for the Energy Efficiency and Conservation Block Grant. The City of Muskegon is eligible for up to $181,600 in funding for energy efficiency upgrades. Staff is currently working on the grant and determining the best options, but there will be a major emphasis on energy efficient upgrades to the McGraft Park facility, the addition of two new fuel efficient cars, and other energy efficient upgrades that will have the most impact on eliminating greenhouse gases and cutting utility bills. FINANCIAL IMPACT: The energy efficient upgrades should lower the City’s utility bills considerably. BUDGET ACTION REQUIRED: The City will use up to $40,000 of the $250,000 budgeted for the Capital Improvements Plan for the parks, as to leverage funds. STAFF RECOMMENDATION: To approve the submittal of the grant application. H. Crack Sealing Machine. PUBLIC WORKS SUMMARY OF REQUEST: Authorize staff to enter into a rent/purchase agreement with National Highway Maintenance. FINANCIAL IMPACT: $25,985. BUDGET ACTION REQUIRED: None, the cost will be offset by savings on other purchases. STAFF RECOMMENDATION: Authorize staff to enter into a rent/purchase agreement with National Highway Maintenance. I. Special Events – Multiple Liquor License Request for Muskegon Eagles Aerie 668 Fraternal Order of Eagles During Muskegon Summer Celebration. LEISURE SERVICES SUMMARY OF REQUEST: The Muskegon Fraternal Order of Eagles (Aerie 668) is requesting an extension of their current liquor license to be able to serve non- members during the Muskegon Summer Celebration (June 26th through July 5th). The following temporary alcohol licenses have been approved for this time period: Muskegon Summer Celebration and Mike’s Inn. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. COMMITTEE RECOMMENDATION: The Leisure Services Board approved this request at their May 18th meeting. K. Special Events – Multiple Liquor License Request for The Muskegon Yacht Club. LEISURE SERVICES SUMMARY OF REQUEST: The Muskegon Yacht Club is requesting an extension of their current liquor license to be able to host the Queens Cup Regatta on June 27, 2009. The following temporary alcohol licenses have been issued for this date: Muskegon Summer Celebration and Mike’s Inn. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. COMMITTEE RECOMMENDATION: The Leisure Services staff approved this request. L. Muskegon Bike Time Events. Inc. July 17th thru July 19th, 2009. LEISURE SERVICES SUMMARY OF REQUEST: To approve the request from Muskegon Bike Time Events Inc., subject to the conditions outlined in the memo. FINANCIAL IMPACT: Request that equipment rental fees be waived. In exchange they will provide a pre-negotiated amount of beverage tent wristbands. The exchange will be coordinated with the City Manager. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the request from Bike Time, with the conditions outlined in the memo from staff. COMMITTEE RECOMMENDATION: The Leisure Services Board approved this event at their May 18th meeting, subject to staff approval of individual requests. M. Acceptance of Fair Housing Impediment Study. COMMUNITY & NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: To accept the final draft of the 2009 Fair Housing Impediment Study produced by the Southeastern Michigan Fair Housing Center of Ann Arbor, Michigan. The Southeastern Michigan Fair Housing Center was contacted by the cities of Muskegon, Muskegon Heights and Norton Shores to conduct this study, mandated by the US Department of Housing and Urban Development. FINANCIAL IMPACT: The City of Muskegon’s portion of the cost will be deducted from the CNS Office CDBG Administration funds. BUDGET ACTION REQUIRED: None required. STAFF RECOMMENDATION: To approve the acceptance of the document and the City’s final payment for our portion of the agreement. N. Final CDBG/HOME Allocations from HUD. COMMUNITY & NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: For the City Commission to make an additional allocation decision concerning the 2009-2010 Community Development Block Grant/HOME Partnership Program allocations for this coming fiscal year. During the March 24, 2009, City Commission meeting, the Commission made their final decision on the 2009-2010 CDBG/HOME Partnership allocations. Since then, HUD has revised the total amounts for the grants. CDBG was increased from $984,207 to $999,433 and HOME was increased from $290,049 to $322,469. The City administration made the following recommendations: CDBG Increase the Veterans from $3,000 to $5,000 - $2,000 increase Increase Facade from $5,000 to $8,500 - $3,500 increase Increase Youth Recreation from $75,000 to $80,000 - $5,000 increase Increase the American Red Cross from $3,500 to $5,000 - $1,500 increase Increase Summer Interns from $6,250 to $8,000 - $1,750 increase Increase Legal Aid Foreclosures from $8,500 to $9,976 - $1,476 increase Total Increase is $15,226. The CDC made two changes to the City’s CDBG recommendations: Increase Youth Recreation from $75,000 to $79,000 - $4,000 increase Increase Muskegon Community Health project from $2,750 to $3,750 - $1,000 increase. Their reasoning for this increase is this program deals with uninsured diabetics and this is such a growing problem in Muskegon. HOME Increase HOME Admin from $22,500 to $25,742 - $3,242 increase Increase Rental Rehab from $70,000 to $74,727 - $4,727 increase Increase Sr. Weatherization from $125,549 to $150,000 - $24,451 increase Total increase is $32,420. The CDC made two changes to the City’s HOME recommendation: Increase Sr. Weatherization from $125,549 to $145,000 – increase $19,451. Increase Habitat for Humanity from $50,000 to $55,000 – $5,000 increase. Their reasoning for this increase is that Habitat always needs and uses any funds given them for their Muskegon projects. After receiving the Commission’s final allocation decision, the Community and Neighborhood Services office will amend the appropriate CDBG Subrecipient Agreements and HOME CHDO Agreements. FINANCIAL IMPACT: The decision will determine how the Community Development Block Grant/HOME Partnership Program final funding will be allocated for the 2009-2010 fiscal year. BUDGET ACTION REQUIRED: The Commission actions will establish the fiscal year’s budget. STAFF RECOMMENDATION: The Commission previously received the administration recommendations. COMMITTEE RECOMMENDATION: The Commission also received the Citizen District Council recommendations. It was clarified that the Commission’s vote for approval was for the administration recommendations. O. Accept Resignations from Various Boards. CITY CLERK SUMMARY OF REQUEST: To accept the resignation of John Aslakson from the Planning Commission and Sue Thompson from the Historic District Committee. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To accept resignations. Motion by Vice Mayor Gawron, second by Commissioner Wierengo to approve the Consent Agenda as presented minus items E and J. ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo, and Wisneski Nays: None MOTION PASSES 2009-50 ITEMS REMOVED FROM THE CONSENT AGENDA: E. Arena Management – JS Hockey Enterprises, Inc. CITY MANAGER SUMMARY OF REQUEST: To authorize the Mayor and City Manager to execute any and all documents pertaining to the transfer of the management of the L.C. Walker Arena to JS Hockey Enterprises, Inc., including documents pertaining to the Arena’s liquor license. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the request. Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve the Arena Management request regarding the documents pertaining to the Arena’s liquor license for JS Hockey Enterprises, Inc. ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Wisneski, and Carter Nays: None MOTION PASSES K. Special Events – Multiple Liquor License Request for Muskegon Eagles Aerie 668 Fraternal Order of Eagles During Muskegon Bike Time. LEISURE SERVICES SUMMARY OF REQUEST: The Muskegon Fraternal Order of Eagles (Aerie 668) is requesting an extension of their current liquor license to be able to serve non- members during the Muskegon Bike Time Event, scheduled July 17th through July 19th. The following temporary alcohol licenses have been approved for this time period: Racquets, Pop-A-Top, Muskegon Bike Time, Tipsy Toad, and Mike’s Inn. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. COMMITTEE RECOMMENDATION: The Leisure Services Board has approved this request at their May 18th meeting. Motion by Commissioner Spataro, second by Vice Mayor Gawron to adopt the special events multiple liquor license request for Muskegon Eagles Aerie 668 Fraternal Order of Eagles during Muskegon Bike Time. ROLL VOTE: Ayes: Shepherd, Spataro, Wierengo, Wisneski, Carter, and Gawron Nays: Warmington MOTION PASSES 2009-51 PUBLIC HEARINGS: A. Request for an Industrial Facilities Exemption Certificate – ESCO Company. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, ESCO Company, 1221 E. Barney Ave., has requested the issuance of an Industrial Facilities Tax Exemption Certificate. The company plans on making investments of $1,972,260 in personal property improvements and $170,000 in real property improvements. They are requesting a 12-year abatement on both real and personal property. FINANCIAL IMPACT: The City will capture certain additional property taxes generated by the expansion. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the resolution granting an Industrial Facilities Exemption Certificate for a term of 12 years for both personal and real property. The Public Hearing opened to hear and consider any comments from the public. Commissioner Wisneski stated that he will be abstaining from comments due to a pre-existing business relationship. No public comments were made. Motion by Vice Mayor Gawron, second by Commissioner Wierengo to close the Public Hearing and approve the resolution granting an Industrial Facilities Exemption Certificate for a term of 12 years for both personal and real property to ESCO Company. ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Gawron, and Shepherd Nays: None Abstain: Wisneski MOTION PASSES 2009-52 UNFINISHED BUSINESS: A. Concurrence with the Housing Board of Appeals Notice and Order to Demolish 254 Amity Avenue. 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 structure located at 254 Amity Avenue, Area 11, is unsafe, substandard, a public nuisance and that it be demolished within 30 days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. FINANCIAL IMPACT: CDBG Funds. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish. Motion by Commissioner Spataro, second by Commissioner Shepherd to concur with the Housing Board of Appeals notice and order to demolish 254 Amity Avenue. ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd, and Spataro Nays: None MOTION PASSES 2009-53 NEW BUSINESS: A. Allocation of Community Development Block Grant-R (American Recovery Reinvestment Act of 2009). COMMUNITY & NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: To accept the Administration’s recommendation for the Community Development Block Grant-R program to reconstruct White Street from Wood and Scott. White Street is one of the last streets in the City of Muskegon that has never been paved. The funds for this project, if approved, will be coming from the American Recovery and Reinvestment Act of 2009 (also known as the Stimulus Package). The City of Muskegon is proposed to receive $267,182 from the program. It is requested that residents of the City of Muskegon be given every opportunity to be hired, if and when qualified, for this project. FINANCIAL IMPACT: All expected costs will come from the CDBG-R program. BUDGET ACTION REQUIRED: To direct staff to budget all costs for the White Street project to the CDBG-R program. STAFF RECOMMENDATION: To approve staff recommendation and to direct the Engineering Department to begin the designing process for the reconstruction and to solicit for bids when the project is ready. Motion by Commissioner Spataro, second by Commissioner Carter to approve the allocation of Community Development Block Grant-R American Recovery Reinvestment Act dollars to begin the designing process for the reconstruction of White Street. ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and Warmington Nays: None MOTIONPASSES B. Second Quarter Budget Reforecast. CITY MANAGER SUMMARY OF REQUEST: To adopt the Second Quarter Budget Reforecast as presented. Motion by Commissioner Carter, second by Commissioner Spataro to adopt the Second Quarter Budget Reforecast as presented. ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington, and Wierengo Nays: None MOTION PASSES C. Muskegon Summer Celebration. LEISURE SERVICES SUMMARY OF REQUEST: To approve the request from Muskegon Summer Celebration. 2009’s request is consistent with 2008’s. There are no significant changes. FINANCIAL IMPACT: Request that rental fees be waived for any equipment used. BUDGET ACTION REQUIRED: None. COMMITTEE RECOMMENDATION: The Leisure Services Board approved this event at their March 16th meeting. Motion by Commissioner Spataro, second by Commissioner Carter to approve the request from Muskegon Summer Celebration. ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo, and Wisneski Nays: None MOTION PASSES PUBLIC PARTICIPATION: Various comments were made by the public. ADJOURNMENT: The City Commission Meeting adjourned at 6:20 p.m. Respectfully submitted, Ann Marie Becker, MMC City Clerk Commission Meeting Date: June 23, 2009 Date: June 5, 2009 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Vacant Building Registration Ordinance Amendments SUMMARY OF REQUEST: Request to amend the Code of Ordinances Chapter 10, Section 107, Annual Registration of Vacant Buildings and Registration Fees, for the purpose of exempting legal storage uses, located in the proper zoning district, from the definition of a vacant structure. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends amendment of Chapter 10, Section 107 Annual Registration of Vacant Buildings and Registration Fees, specifically to amend the definition of Vacant found in sub- section (b) (1) (f). COMMITTEE RECOMMENDATION: None 6/17/09 1 City of Muskegon Planning Department Memo To: Honorable Mayor and City Commission From: Mike Cameron, Code Coordinator CC: Bryon Mazade, City Manager Date: June 4, 2009 Re: Vacant Building Registration revisions Attached you will find suggested language changes to our Vacant Building Registration ordinance that will enable staff to better implement the ordinance and assist property owners with compliance. The suggested change is to Subsection (b) (1) (f) “Vacant”. The purpose of the proposed change is to change the definition of vacant to allow structures that are legally being used for the purpose of storage and are located in the proper zoning district for storage uses. With this proposed change they could be exempt from the requirements to register as a vacant building. The suggested ordinance language would require them to be in compliance with not only the zoning district that they are located in, but also with any other applicable building codes, fire codes or other city ordinances. The proposed change is outlined below: Current Language: (F) Vacant: A building or structure shall be deemed to be vacant if no person or persons actually, currently conducts a lawfully licensed business, or lawfully resides or lives in any part of the building as the legal or equitable owner(s) or tenant-occupant(s), or owner- occupants, or tenant(s) on a permanent, nontransient basis. Proposed Language: (F) Vacant: A building or structure shall be deemed to be vacant if no person or persons actually, currently conducts a lawfully licensed business, or lawfully resides or lives in any part of the building as the legal or equitable owner(s) or tenant-occupant(s), or owner- occupants, or tenant(s) on a permanent, nontransient basis, unless the structure is legally being used for storage purposes. Such storage use must be a legally allowed principal use of the zoning district where the structure is located and the use must be in compliance with all appropriate provisions of city ordinances, building and fire codes pertaining to the storage use. 1 CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO. _______ An Ordinance amending Chapter 10, Section 107 of the Code of Ordinances concerning annual registration of vacant buildings and registration fees. THE CITY OF MUSKEGON HEREBY ORDAINS: Chapter 10, Section 107 of the Code of Ordinances shall be adopted to read as follows: SECTION 10-107. ANNUAL REGISTRATION OF VACANT BUILDINGS AND REGISTRATION FEES 10-107. Annual registration of vacant buildings and registration fees. (a) Purpose. The purpose of this section requiring the registration of all vacant buildings, including dwellings that are subject to chapter 10 as referenced below, and the payment of registration fees is to assist the city government, particularly the Department of Public Safety (DPS) and Planning Departments in protecting the public health, safety and welfare, to monitor the number of vacant buildings in the city, to assess the effects of the condition of those buildings on nearby businesses and the neighborhoods in which they are located, particularly in light of fire safety hazards and unlawful, temporary occupancy by transients, including illicit drug users and traffickers, and to require of the owners of such vacant buildings their registration and the payment of related fees, and to promote substantial efforts to rehabilitate such vacant buildings. The provisions of this section are applicable to the owners of such vacant buildings as set forth herein and are in addition to and not in lieu of any and all other applicable provisions of this chapter, the health and sanitation code, and any other applicable provisions of the Muskegon City Code. (b) Definitions and applicability; registration statement and fees. (1) Definitions. For purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them as follows: (A) Boarded: A building or structure subject to the provisions of this section shall be deemed to be "boarded" if in place of one or more exterior doors, other than a storm door, or of one or more windows, there is a sheet or sheets of plywood or similar material covering the space for such door or window. C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK1A\Redline vacant building ordinance (2).doc (B) Exterior maintenance and major systems: The phrase "exterior maintenance and major systems" shall mean the safe and lawful maintenance of the facade, windows, doors, roof, and other parts of the exterior of the building and the maintenance of its major systems consisting of the roof, the electrical and plumbing systems, the water supply system, the sewer system, and the sidewalk, drive-way, if any, area of the lot, as applicable and as enforced by the DPS, particularly in connection with subsections 10-82 (inspection of unoccupied building) and 10-101 (abatement of dangerous buildings) of this section of this code. (C) Occupied: Any building or structure shall be deemed to be occupied if one or more persons actually conducts a lawful business or resides in all or any part of the building as the licensed business-occupant, or as the legal or equitable owner/occupant(s) or tenant(s) on a permanent, nontransient basis, or any combination of the same. For purposes of this section, evidence offered to prove that a building is so occupied may include, but shall not be limited to, the regular receipt of delivery of regular mail through the U.S. Postal Service; proof of continual telephone, electric, gas, heating, water and sewer services; a valid city business license, or the most recent, federal, state, or city income tax statements indicating that the subject property is the official business or residence address of the person or business claiming occupancy; or proof of pre- rental inspection. (D) Open: A building or structure subject to the provisions of this section shall be deemed to be "open" if any one or more exterior doors other than a storm door is broken, open and, or closed but, without a properly functioning lock to secure it, or if one or more windows is broken or not capable of being locked and secured from intrusion, or any combination of the same. (E) Owner: An owner of the freehold of the premises or any lesser estate therein, a mortgagee, a vendee-in-possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation that is directly or indirectly in control of a building subject to the provisions of this section, and as set forth below. (F) Vacant: A building or structure shall be deemed to be vacant if no person or persons actually, currently conducts a lawfully licensed business, or lawfully resides or lives in any part of the building as the legal or equitable owner(s) or tenant-occupant(s), or owner-occupants, or tenant(s) on a permanent, nontransient basis, unless the structure is legally being used for storage purposes. Such storage use must be a legally allowed principal use of the zoning district where the structure is located and the use must be in compliance with all appropriate provisions of city ordinances, building and fire codes pertaining to the storage use. C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK1A\Redline vacant building ordinance (2).doc (2) Applicability. The requirements of this section shall be applicable to each owner of any building that is not a dwelling that shall have been vacant for more than 90 consecutive days and to each owner of residential property consisting of one or more vacant dwellings that shall have been vacant for more than 90 consecutive days. Each such owner shall cause to be filed a notarized registration statement, which shall include the street address and parcel number of each such vacant building, the names and addresses of all owners, as hereinafter described, and any other information deemed necessary by the city. The registration fee(s) as required by subsection (b)(3) of this section shall be billed by the city and shall be paid within 30 days of the invoice date. For purposes of this section, the following shall also be applicable: (A) If the owner is a corporation or a limited liability corporation, the registration statement shall provide the names and residence addresses of all officers, directors and/or members and shall be accompanied by a copy of the most recent annual tax report filed with the State of Michigan; (B) If an estate, the name and business address of the executor of the estate; (C) If a trust, the name and address of all trustees, grantors, and beneficiaries; (D) If a partnership, the names and residence addresses of all partners with an interest of ten percent or greater; (E) If any other form of unincorporated association, the names and residence addresses of all principals with an interest of ten percent or greater; (F) If an individual person, the name and residence address of that individual person. (3) Registration statement and fees; local agent. If none of the persons listed, as above, is shown at an address within the state, the registration statement also shall provide the name and address of a person who resides within the state and who is authorized to accept service of process on behalf of the owners and who shall be designated as a responsible, local party or agent, both for purposes of notification in the event of an emergency affecting the public health, safety or welfare and for purposes of service of any and all notices or registration statements as herein authorized and in connection herewith. Registration shall be required for all vacant buildings, whether vacant and secure, vacant and open or vacant and boarded, and shall be required whenever any building has remained vacant for 90 consecutive days or more. In no instance shall C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK1A\Redline vacant building ordinance (2).doc the registration of a vacant building and the payment of registration fees be construed to exonerate the owner, agent or responsible party from responsibility for compliance with any other building code or housing code requirement. The owner of the vacant property, at the time of billing, shall be responsible for the payment of the non-refundable registration fee. Said fee shall be billed by the city and based on the duration of the vacancy as determined by the master fee resolution. (4) Appeal rights. The owner shall have the right to appeal the imposition of the registration fees to a committee appointed by the city manager, upon filing an application in writing with the applicable $50.00 non-refundable filing fee to the city manager’s office no later than 30 calendar days after the date of the billing statement. On appeal, the owner shall bear the burden of providing satisfactory objective proof of occupancy. (5) One time waiver of registration fee. A one-time waiver of the registration fee may be granted by the committee appointed by the city manager upon application of the owner if the owner: (i.) Demonstrate with satisfactory proof that he/she is in the process of demolition, rehabilitation, or other substantial repair of the vacant building; and (ii.) Objectively demonstrates the anticipated length of time for the demolition, rehabilitation, or other substantial repair of the vacant building; or (iii.) Provides satisfactory proof that he/she was actively attempting to sell or lease the property during the vacancy period. (6) Two-year waiver. (i) Upon application by the owner and satisfaction of subsection Formatted: Indent: Left: 1" (b)(5) above, the committee appointed by the city manager may grant a two-year waiver of the registration fee if the owner meets the criteria for non-profit organizations as defined by section 501(c)(3) of the Internal Revenue Code or (ii) Upon application by the homeowner(s) who are temporarily residing in a medical care facility, or a legal representative of the homeowner(s), the committee may grant a renewable two-year waiver of the registration fee. To be eligible for a two-year waiver of fee, satisfactory proof that the structure will only be temporarily vacant and the property and structures must remain in good repair and free of any enforcement actions by city departments. Should the structure or property C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK1A\Redline vacant building ordinance (2).doc not be properly maintained, or be in violation of city code, the waiver may be revoked by the appeal committee. C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK1A\Redline vacant building ordinance (2).doc (7) Delinquent registration fees as a lien. After the owner is given notice of the amount of the registration fee due, except for those owners that have properly perfected an appeal pursuant to subsection (b)(4) above, and the owner fails to pay the amount due, said amount shall constitute a debt due and owing to the city, and the city may commence a civil action to collect such the unpaid debt. (c) Duty to amend registration statement. If the status of the registration information changes during the course of any calendar year, it is the responsibility of the owner, responsible party or agent for the same to contact the planning department within 30 days of the occurrence of such change and advise the department in writing of those changes. (d) Exceptions. The fees imposed by this section shall not apply to any building owned by the United States, the state, the city, nor to any of their respective agencies or political subdivisions but registration is still required. (e) Violations; penalties. The failure or refusal for any reason of any owner, or agent of an owner acting on behalf of the owner, to register a vacant building or to pay any fees required to be paid pursuant to the provisions of this section, within 30 days after they become due, shall constitute a violation punishable upon conviction thereof by a fine in the amount of not less than $100.00 nor more than $500.00 for each failure or refusal to register, or for each failure or refusal to pay a required vacant building fee, as applicable. In such cases, whenever the minimum fine of $100.00 is imposed, it shall not be subject to suspension or reduction for any reason. This ordinance adopted: Ayes: ___________________________________________________________ Nays: ___________________________________________________________ Adoption Date: _________________________ Effective Date: _________________________ First Reading: _________________________ Second Reading: ________________________ CITY OF MUSKEGON By ___________________________ Ann Marie Becker Clerk, City of Muskegon C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK1A\Redline vacant building ordinance (2).doc CITY OF MUSKEGON NOTICE OF ADOPTION Please take notice that on June 23, 2009 the City Commission of the City of Muskegon adopted to amend the Code Of Ordinances Chapter 10, Section 107, Annual Registration Of Vacant Buildings And Registration Fees, for the purpose of making the ordinance easier for property owners to comply with and easier for staff to administer. Specifically to amend sub- section (b)(2) Applicability, sub-section (b)(3) Registration statement and fees; local agent, sub-section (b)(4) Appeal rights, sub-section (b)(6) Two-Year waiver, subsection (b)(7)(d) Exceptions. Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours. This ordinance amendment is effective ten days from the date of this publication. Published ____________________, 2008. CITY OF MUSKEGON By _________________________________ Ann Marie Becker, MMC City Clerk Date: June 23, 2009 To: Honorable Mayor and City Commissioners From: Ann Marie Becker, City Clerk RE: Fireworks Display Permit for Muskegon Summer Celebration SUMMARY OF REQUEST: Summit Pyrotechnics is requesting approval of a fireworks display permit for July 4th at the Muskegon Summer Celebration. Fire Marshall Metcalf has reviewed the request and recommends approval contingent on inspection of the fireworks. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks and approval of the insurance. Date: June 23, 2009 To: Honorable Mayor and City Commissioners From: Ann Marie Becker, City Clerk RE: Liquor License Transfer Request Frauenthal 413-415 W. Western Avenue SUMMARY OF REQUEST: The Liquor Control Commission is seeking local recommendation on a request from PKT Twelve, Inc., co-licensee with Iordache Holdings, Inc. to transfer all stock in 2008 Class C-SDM Licensed Business with Dance-Entertainment Permit, Direct Connections-2, Official Permit (food), and 3 Bars located at 413-415 W. Western Avenue through transfer of one share from existing stockholder, Patricia Johnson to new stockholder, Chris McGuigan. PKT Twelve, Inc., then requests to drop Iordache Holdings, Inc., as Co- Licensee on the previously described license and add New Official Permit (Theater Performances and Set-ups). FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: All departments are recommending approval. CITY COMMISSION MEETING Tuesday June 23, 2009 TO: Honorable Mayor and City Commissioners FROM: Anthony L. Kleibecker Director of Public Safety DATE: June 16, 2009 SUBJECT: Memorandum of Understanding-Justice Assistance Grant SUMMARY OF REQUEST: The Director of Public Safety requests that the Commission authorize the Director and the City Manager to enter into an agreement with the City of Muskegon Heights and Muskegon County in regards to the disbursement of the 2009 Justice Assistance Grant. The money in this grant is shared by the three entities. The $52,970 in this grant will be utilized for the prosecution of city ordinance cases primarily dealing with neighborhood issues. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATIONS: Approval of this request. CITY COMMISSION MEETING Tuesday June 23, 2009 TO: Honorable Mayor and City Commissioners FROM: Anthony L. Kleibecker Director of Public Safety DATE: June 16, 2009 SUBJECT: Federal Assistance to Firefighters Grant-Fire Station Construction SUMMARY OF REQUEST: Public Safety staff request that the Commission support our application for monies as provided by the Federal Assistance to Firefighters Grant-Fire Station construction. Our application is requesting grant money for upgrades and rehabilitation to Station 5 on Marquette Avenue. The exact monetary request has yet to be determined. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of this request. CITY HALL FIRE ALARM SYSTEM REPLACE BIDS 6/12/2009 EST. TOTAL STRAIGHT EST. EST. TOTAL DOUBLE TOTAL BID CONTRACTOR BASE BID STRAIGHT TIME TIME & 1/2 TOTAL TIME & 1/2 DOUBLE TIME HRS TIME HRS HRS TIME AMOUNT MIDSTATE SECURITIES $ 11,540.00 $ 65.00 24 $ 1,560.00 $ 90.00 18 $ 1,620.00 $ 90.00 12 $ 1,080.00 $ 15,800.00 3495 VIADUCT SW GRANDVILLE MI 49418 COFESSCO FIRE PROTECTION $ 14,600.00 $ 85.00 24 $ 2,040.00 $ 125.00 18 $ 2,250.00 $ 125.00 12 $ 1,500.00 $ 20,390.00 411 OTTAWA ST MUSKEGON MI 49442 JOHNSON CONTROLS,INC $ 14,315.00 $ 125.00 24 $ 3,000.00 $ 187.00 18 $ 3,366.00 $ 250.00 12 $ 3,000.00 $ 23,681.00 MUSKEGON MI 49442 CHARLOTTE, NC 28290 DATE: 06/04/2009 TO: Honorable Mayor and Commissioners FROM: Anthony Kleibecker, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case #: EN090039 SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 1464 6TH ST (Home &Garage) Area 10 is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: # EN090039 - 1464 6TH ST Location and ownership: This structure is located on Sixth Street between Grand Ave and Washington Street and is owned by UNITED STATES OF AMERICA, 5312 Bolsa Ave.; Ste 200, Huntington Beach, CA 92649. Staff Correspondence: A dangerous building inspection was conducted on 02/11/09. The Notice and Order to Repair was issued on 02/16/09. On 04/02/09 the HBA declared the structure substandard and dangerous. Owner Contact: No one was present for the HBA meeting dated 04/02/09. No permits have been issued, no inspections scheduled and no owner contact. Financial Impact: CDBG Funds Budget action required: None State Equalized value: $24,000 (Entire property) Estimated cost to repair: $7,000 (Exterior Only) Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. SUMMARY FOR: 1464 6TH ST This is a single family wood frame structure. This building is currently vacant. This structure is in need of a roof and the front porch is falling apart. The chimney needs to be rebuilt and the garage is in need of repairs, to date, there has been no effort to rehabilitate this structure. This building continues to be a blighting influence on the neighborhood. CITY OF MUSKEGON 933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715 DANGEROUS BUILDING INSPECTION REPORT Wednesday, February 11, 2009 Enforcement # EN090039 Property Address 1464 6TH ST Parcel #24-205-405-0013-00 Owner UNITED STATES OF AMERICA Inspector: Henry Faltinowski Date completed: 02/11/09 DEFICENCIES: Uncorrected 1. Front porch roof to decking collapsing - replace. 2. Replace all damaged siding, scrape and paint home. 3. Replace damaged roof covering. 4. Replace all damaged windows and doors interior. 5. Repair or remove chimney brick falling out. 6. Repair all siding on garage that is damaged. 7. Scrape and paint garage, repair window & doors. Request interior inspection by all trades, electrical, mechanical and plumbing. Please contact Inspection Services with any questions or to schedule an inspection at 933 Terrace St., Muskegon, MI 49440 (231) 724 6758. Based upon my recent inspection of the above property I determined that the structure meets the definition of a Dangerous Building and/or Substandard Building as set forth in Section 10-61 of the Muskegon City Code. _____________________________ _______________ Henry Faltinowski, Building Inspector Date DATE: 06/05/2009 TO: Honorable Mayor and Commissioners FROM: Anthony Kleibecker, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case #: EN080271 SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 718 E ISABELLA AVE (Home & Garage) is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: # EN080271 - 718 E ISABELLA AVE Location and ownership: This structure is located on Isabella between Kenneth and Holt Streets and is owned by BENEDICT STEPHEN. Staff Correspondence: A dangerous building inspection was conducted on 10/15/07. The Notice and Order to Repair was issued on 11/19/08. On 01/08/09 the HBA declared the structure substandard and dangerous. Owner Contact: No one was present for the HBA meeting dated 01/08/09. No permits have been issued and no inspections scheduled. Financial Impact: CDBG Funds Budget action required: None State Equalized value: $22,600 (Entire property) Estimated cost to repair: $8000 (Exterior Only) Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. SUMMARY FOR: 718 E ISABELLA AVE This is a single family wood frame dwelling. This building is currently vacant and in a state of disrepair. The structure is currently in need of a new roof and siding as well as other exterior repairs. A permit was issued on March 11, 2008 for demolition of the interior of the structure but there has been no other contact from the owner. This house is currently a blighting influence on the neighborhood and will continue to deteriorate if left in it’s current condition. CITY OF MUSKEGON 933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715 DANGEROUS BUILDING INSPECTION REPORT Wednesday, November 19, 2008 Enforcement # EN080271 Property Address 718 E ISABELLA AVE Parcel #24-205-063-0013-00 Owner BENEDICT STEPHEN Inspector: Henry Faltinowski Date completed: 11/17/08 DEFICENCIES: HOME & GARAGE Uncorrected 1. Replace roof covering. 2. Tuck point chimney. 3. Rotted siding replace. 4. Scrape and paint siding. 5. Repair fascia. 6. Repair all doors, screens, window frames-damaged. 7. Repair front steps and landing 8. Replace roof covering on garage. 9. Repair garage siding and foundation 10. Interior inspection requested by trade inspectors. Request interior inspection by all trades, electrical, mechanical and plumbing. Please contact Inspection Services with any questions or to schedule an inspection at 933 Terrace St., Muskegon, MI 49440 (231) 724 6758. Based upon my recent inspection of the above property I determined that the structure meets the definition of a Dangerous Building and/or Substandard Building as set forth in Section 10-61 of the Muskegon City Code. _____________________________ _______________ Henry Faltinowski, Building Inspector Date DATE: 02/13/2009 TO: Honorable Mayor and Commissioners FROM: Anthony Kleibecker, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case #: EN080133 _______________________________________________________________ SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 1201 PINE ST (Garage) Area 11b is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: # EN080133 – 1201 Pine (Garage) Location and ownership: This structure is located on Pine St. between Isabella and Iona Streets and is owned by Alma L. Childers, 1201 Pine St., Muskegon, MI 49442. Staff Correspondence: A dangerous building inspection was conducted on 06/10/08. The Notice and Order to Repair was issued on 06/19/08. On 09/04/08 the HBA tabled case until November 6, 2008. On 11/06/08 the HBA declared the structure substandard, dangerous, and a public nuisance. Owner Contact: Ms Childers was present for both HBA meetings stating she had plans to rehabilitate the structure but no permits have been issued. No contact since last meeting. Financial Impact: CDBG Funds Budget action required: None State Equalized value: $18,600 (Entire property) Estimated cost to repair: $4,000 (Garage Only) Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. SUMMARY FOR: 1201 PINE ST This is a single story wood frame garage. The building is currently in a state of structural failure as the roof is collapsing and the side walls appear to be damaged by wood rot. This building will continue to be a blighting influence on this neighborhood. CITY OF MUSKEGON 933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715 DANGEROUS BUILDING INSPECTION REPORT Thursday, June 19, 2008 Enforcement # EN080133 Property Address 1201 PINE ST(Garage) Parcel #24-205-244-0008-00 Owner CHILDERS ALMA L Inspector: Henry Faltinowski Date completed: 06/10/2008 DEFICENCIES: Uncorrected 1. Roof collapsing - sheathing, rafters, coverings, replace to MRC 2003 code. 2. Scrape and paint garage. 3. All wall and plate damage must be repaired to MRC 2003 code. Request interior inspection by all trades, electrical, mechanical and plumbing. Please contact Inspection Services with any questions or to schedule an inspection at 933 Terrace St., Muskegon, MI 49440 (231) 724 6758. Based upon my recent inspection of the above property I determined that the structure meets the definition of a Dangerous Building and/or Substandard Building as set forth in Section 10-61 of the Muskegon City Code. _____________________________ _______________ Henry Faltinowski, Building Inspector Date DATE: 06/04/2009 TO: Honorable Mayor and Commissioners FROM: Anthony Kleibecker, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case #: EN090033 SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 1411 6TH ST Area 10 is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: # EN090033 - 1411 6TH ST Location and ownership: This structure is located on Sixth Street between Grand Ave and Washington Streets and is owned by DEUTSCHE BANK NATIONAL TRUST CO, 7515 Irvine Center Dr., Irvine, CA 92618. Staff Correspondence: A dangerous building inspection was conducted on 01/27/09. The Notice and Order to Repair was issued on 02/06/09. On 04/02/09 the HBA declared the structure substandard and dangerous. Owner Contact: No one was present for the HBA meeting dated 04/02/09. No permits have been issued and no inspections scheduled. There was a possible buyer of property that called Inspections Department 04/06/09 but have not had any contact since then. Financial Impact: CDBG Funds Budget action required: None State Equalized value: $21,000 (Entire property) Estimated cost to repair: $25,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. SUMMARY FOR: 1411 6TH ST This is a single family wood frame structure that experienced a fire in June 2008. A inspection was performed on June 11, 2008. Since that time there has been attempt to rehabilitate this building. This structure is currently not habitable and will continue to be a blight to the surrounding building. CITY OF MUSKEGON 933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715 DANGEROUS BUILDING INSPECTION REPORT Tuesday, February 3, 2009 Enforcement # EN090033 Property Address 1411 6TH ST Parcel #24-205-390-0011-20 Owner DEUTSCHE BANK NATIONAL TRUST CO Inspector: Henry Faltinowski Date completed: 01/27/2009 DEFICENCIES: Uncorrected 1. Home had fire damage inspection over 6 months ago. 2. Structural damage to roof system rafters, ceiling joists and wall framing. 3. Re-roof after structural repairs. 4. Reside after structural repairs. 5. A tarp covering fire damage is falling off home - numerous complaints by neighbors. 6. See fire report. Request interior inspection by all trades, electrical, mechanical and plumbing. Please contact Inspection Services with any questions or to schedule an inspection at 933 Terrace St., Muskegon, MI 49440 (231) 724 6758. Based upon my recent inspection of the above property I determined that the structure meets the definition of a Dangerous Building and/or Substandard Building as set forth in Section 10-61 of the Muskegon City Code. _____________________________ _______________ Henry Faltinowski, Building Inspector Date
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