|
City of Muskegon City commission meeting APRIL 22, 2003 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 5:30pm, Tuesday, April 22, 2003.
Mayor Warmington opened the meeting with a prayer from Reverend Michael Bogert of First Christian Reformed Church, after which members of the City Commission and members of the public joined in reciting the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Karen Buie; Commissioners Stephen Gawron, William Larson, Robert Schweifler, Clara Shepherd and Lawrence Spataro; City Manager Bryon Mazade, City Attorney John Schrier and City Clerk Gail Kundinger.
2003-35 CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession that was held on Monday, April 7, 2003; and the Regular Commission Meeting that was held on Tuesday, April 8, 2003.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
b. FIRST READING: Zoning Ordinance Amendment for Downtown Parking Correction. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to make a correction related to the previous zoning ordinance amendment for downtown parking.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance as described above.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the request at their 4/10 meeting. The vote was unanimous with B. Mazade and B. Smith absent.
d. Great Lakes Marina Property Purchase. LEISURE SERVICES
SUMMARY OF REQUEST: To authorize the purchase of Lakeshore Trail property from Great Lakes Marina.
FINANCIAL IMPACT: $57,000
BUDGET ACTION REQUIRED: None, money to come from the Golf Course Fund.
STAFF RECOMMENDATION: Approve
f. Great Lakes Naval Museum Request. LEISURE SERVICES
SUMMARY OF REQUEST: The Great Lakes Naval Memorial and Museum is requesting that the City allow them to apply for a Coastal Management Grant for the construction of a picnic shelter on the City’s property along the channel and have appropriate paved parking.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve.
g. 2003 Water Treatment Chemical Bids. WATER FILTRATION
SUMMARY OF REQUEST: Recommend endorsement of lowest responsible bidders to supply aluminum sulfate, sodium hypochlorite, and fluoride for the Water Filtration Plant.
FINANCIAL IMPACT: Annual cost of $70,975.00 (based on average annual water pumped to mains).
BUDGET ACTION REQUIRED: None at this time. These chemicals are budgeted annually.
STAFF RECOMMENDATION: Staff recommends the Mayor and City Commission endorse the contract renewals and enter into contracts with General Chemical, Alexander Chemical, and Lucier Chemical for aluminum sulfate, sodium hypochlorite, and fluoride respectively.
h. Utility Boxes. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase 4 truck utility boxes.
FINANCIAL IMPACT: Total Cost $12,828.00
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve purchase of four utility boxes from Truck & Trailer Specialties.
i. Consideration of Bids: Clifford, Lakeshore Drive to Miner. ENGINEERING
SUMMARY OF REQUEST: The construction of Clifford, Lakeshore Dr. to Miner using concrete surface (Alternate Bid) contract be awarded to Dan Hoe Excavating of Holland. Dan Hoe was the lowest, responsible bidder with a bid price of $125, 695.00.
FINANCIAL IMPACT: The construction cost of $125,695.00 plus related engineering expenses.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Award the contract to Dan Hoe with Alternate Bid.
j. Consideration of Bids: Washington St., Franklin to Lakeshore Drive. ENGINEERING
SUMMARY OF REQUEST: The reconstruction of Washington St., Franklin to Lakeshore Dr. contract be awarded to Prince Bridge & Marine of Grand Haven. Prince Bridge was the lowest, responsible bidder with a bid price of $326,073.26.
FINANCIAL IMPACT: The construction cost of $326,073.25 plus related engineering expenses.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Award the contract to Prince Bridge & Marine.
k. Consideration of Bids: Mann/Moon, Harrison to Lakeshore Drive. ENGINEERING
SUMMARY OF REQUEST: The reconstruction of Mann & Moon from Harrison to Lakeshore Dr. contract be awarded to Prince Bridge & Marine of Grand Haven. Prince Bridge was the lowest, responsible bidder with a bid price of $123,074.35.
FINANCIAL IMPACT: The construction cost of $123,074.35.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Award the contract to Prince Bridge & Marine.
l. City – MDOT Agreement for: Creston St., Evanston to Apple. ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MDOT for the Milling & Resurfacing of Creston Street from Evanston to Apple and to approve the resolution authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: MDOT’s participation is about $232,400 but not to exceed 81.85% of eligible cost. The estimated total (including engineering) cost of the project is $335,000.
BUDGET ACTION REQUIRED: None at this time. The City’s share of the cost will come out of the Major Street Fund as was budgeted.
STAFF RECOMMENDATION: That the agreement and resolution be approved.
m. Set Public Hearing for Amendment to Brownfield Plan-Verplank Dock Co. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the resolution setting a public hearing for an amendment for the Brownfield Plan. The amendment is for the inclusion of property owned by Verplank Dock Co., located at 205 E. Western Ave., in the Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in setting the public hearing, although the expansion of the current Verplank Dock Co. to the new site will add to the tax base of the City of Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority met on April 15, 2003 and approved the Brownfield Plan Amendment and recommends the approval of the Brownfield Plan Amendment to the Muskegon City Commission. In addition, the Brownfield Redevelopment Authority recommends that the Muskegon City Commission set a public hearing on the Plan Amendment for May 27, 2003.
n. Appointment to Various Boards and Committees. CITY CLERK
SUMMARY OF REQUEST: To appoint Lynn Spearing to the Equal Opportunity Committee.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
COMMITTEE RECOMMENDATION: Community Relations Committee recommended approval.
o. Appointment to Various Boards and Committees. CITY CLERK
SUMMARY OF REQUEST: To appoint Julie Waltz to the LRC replacing Tommie Watson who has moved from the city. Also, to appoint Paul Veltkamp to the DDA replacing William Stone.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To make the appointments.
COMMITTEE RECOMMENDATION: The Community Relations Committee recommended the appointments.
Motion by Vice Mayor Buie, second by Commissioner Spataro to approve the Consent Agenda minus items c and e.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler, Shepherd
Nays: None
MOTION PASSES
2003-36 ITEMS REMOVED FROM AGENDA:
c. Comprehensive Economic Development Strategy Project List and Resolution. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the project list and resolution requesting participation and project inclusion in the Regional Comprehensive Economic Development Strategy (CEDS).
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve resolution.
COMMITTEE RECOMMENDATION: The Planning Commission has approved the list of projects.
Motion by Commissioner Spataro, second by Vice Mayor Buie to approve the project list and resolution requesting participation and project inclusion in the Regional Comprehensive Economic Development Strategy with Farmers Seafood Market description to read Downtown Area.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler, Shepherd
Nays: None
MOTION PASSES
e. Tall Ships 2003 Request. LEISURE SERVICES
SUMMARY OF REQUEST: The Tall Ships 2003 committee is requesting that the City waive the fees for City services for this event.
FINANCIAL IMPACT: Approximately $40,000
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve.
Motion by Commissioner Larson, second by Commissioner Shepherd to approve the waive of City fees for services for the Tall Ships 2003 event.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd, Spataro
Nays: None
MOTION PASSES
2003-37 PUBLIC HEARINGS:
a. DWRF Project Plan. WATER FILTRATION
SUMMARY OF REQUEST: To receive comments and views of interested persons on the Draft Project Plan and the environmental impacts of the proposed water system improvement alternatives.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To hold the Public Hearing.
The Public Hearing opened at 6:03pm to hear any comments for the public. No comments were heard.
Motion by Commissioner Schweifler, second by Vice Mayor Buie to close the Public Hearing at 6:12pm.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd, Spataro
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Gawron to adopt the Resolution adopting a final project plan for water system improvements and designating an authorized project representative.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington
Nays: None
MOTION PASSES
b. Public Hearing and Resolution Revoking IFT Certificate from Burgess Norton Manufacturing. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To hold a public hearing and approve the resolution revoking the IFT Certificate held by Burgess Norton Manufacturing.
FINANCIAL IMPACT: The revoking of the certificate will allow the City to seek reimbursement by Burgess Norton for the amount of abated taxes, which totals $46,041.87.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To hold the Public Hearing and approve the revoking of the IFT Certificate.
The Public Hearing opened at 6:14pm to hear any comments for the public. No comments were heard.
Motion by Commissioner Spataro, second by Vice Mayor Buie to close Public Hearing at 6:22pm and take no action on the resolution at this time and allow staff to meet with Burgess Norton to discuss certificate and possible revocation.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington, Buie
Nays: None
MOTION PASSES
c. Create a Special Assessment District for Nims St. & Irwin Ave., Getty to Wood. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed Special Assessment of the Nims St. & Irwin Ave., Getty St. to Wood St. Project, 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 6:24pm to hear any comments for the public. Comments in opposition were heard from Russell Hill of Flex-Space, 1649 Getty.
Motion by Commissioner Spataro, second by Commissioner Larson to close the Public Hearing at 6:29pm and to create the special assessment and assign two City Commissioners to the Board of Assessors by adopting the Resolution. Commissioner Spataro and Mayor Warmington were appointed to Board of Assessors.
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron
Nays: None
MOTION PASSES
2003-38 NEW BUSINESS:
a. Approval of Resolution and QuitClaim for 322 Amity. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To authorize the Mayor and City Clerk to sign the Resolution and QuitClaim for the sale of the City owned rehabilitated home at 322 Amity, Operation “New Life”, to Idella Levelston for the price of $60,000.
The house at 322 Amity was obtained by the City of Muskegon through the foreclosure process and was rehbilitated with HOME Funds.
The rehabilitation of 322 Amity is another example of the City’s commitment to the revitalization of its neighborhoods.
FINANCIAL IMPACT: Funding will be added to the HOME account.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the sale.
COMMITTEE RECOMMENDATION: The Land Reutilization Committee approved the rehabilitation of the project.
Motion by Commissioner Spataro, second by Commissioner Shepherd to approve the sale of City owned rehabilitated home at 322 Amity Operation “New Life” to Idella Levelston for $60,000 and to authorize the Mayor and City Clerk to sign Resolution and QuitClaim.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron, Larson
Nays: None
MOTION PASSES
b. Transmittal of 2002 Comprehensive Annual Financial Report. FINANCE
SUMMARY OF REQUEST: The City’s 2002 Comprehensive Annual Financial Report (CAFR) has previously been distributed to City Commissioners. At this time, the CAFR is being formally transmitted to the Commission in accordance with State Law. The 2002 CAFR has been prepared in accordance with GASB 34 accounting standards and is markedly different than in previous years. For this reason, Commissioners may wish to have a more in-depth review of the report at the monthly Work Session.
FINANCIAL IMPACT: None. The CAFR report summarizes the City’s financial activities for 2002 and includes the independent auditor’s unqualified opinion on the City’s financial statements.
BUDGET ACTION REQUIRED: None
STAFF REC0MMENDATION: Acceptance of the 2002 CAFR.
Motion by Commissioner Spataro, second by Commissioner Schweifler to accept the 2002 Comprehensive Annual Financial Report.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson, Schweifler
Nays: None
MOTION PASSES
c. Creation of HDC Study Committee. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Members of the Historic District Commission and various other organizations are concerned about the historic structures located within the mall. For new historic district establishment, the State Statute requires that the City Commission appoint a study committee to conduct all necessary research and reports. The Committee shall contain a majority of persons who have knowledge or interest in historic preservation, and shall contain representation from a local historic preservation organization. The request is to appoint a study committee to determine whether certain buildings located in the Mall should be designated in a historic district.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends to appoint Brian Lazor and Bob Grabinski as staff to the Study Committee and to approve the resolution and authorize the Mayor and Clerk to sign said resolution.
COMMITTEE RECOMMEDATION: The Historic District Commission Chairman recommends the appointment of the following persons to the Study Committee: Daniel Chambers, Lawrence Spataro, Mary O’Connor, Jon Colburn and a member of the Charter Development Group. The Historic District Commission has voted to recommend that the City Commission approve the creation of the Study Committee with the members identified.
Motion by Commissioner Schweifler, second by Commissioner Spataro to create a HDC study committee to determine whether certain buildings located in the Mall should be designated in an Historic District and appoint staff Brian Lazor and Bob Grabinski to the study committee and approve the resolution and authorize the Mayor and Clerk to sign.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Schweifler
Nays: Larson, Shepherd
MOTION PASSES
d. Approval to Submit Notice of Intent (NOI) for Partnership for Traditional Neighborhood Redevelopment (ParTNeR) Program. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The City of Muskegon has been invited to submit a NOI for the ParTNeR Program, through the State of Michigan. If the NOI is approved, the City will be asked to submit a formal grant application. The actual grant funds will be requested through the County of Muskegon, since they will be additional CDBG funds that only the County is eligible to receive. If the grant is accepted, the County will receive the grant funds (acting as fiduciary) from the State. The City of Muskegon will actually administer the program. The funds will be used to hire a consultant to conduct a plan, and to complete an infrastructure project on Third Street. In order to apply for the NOI, the City Commission is requested to approve the resolution.
FINANCIAL IMPACT: If approved for the grant, the funds will be used to cover the costs of a consultant to conduct a plan for the identified area and to purchase two buildings on Third Street for demolition and/or renovation. In addition, funds will be used for streetscape improvements. The amount being applied for is $400,000. The local match must be 10 percent, or $40,000. The City would pledge $20,000 in CDBG funds, and the Community Foundation for Muskegon County would pledge $20,000 from their MSHDA funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor and Clerk to sign.
Motion by Vice Mayor Buie, second by Commissioner Shepherd to approve the Resolution authorizing the submittal of a Notice of Intent to participate in the State Partnership for Traditional Neighborhood Redevelopment Program and authorize the Mayor and City Clerk to sign.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd, Spataro
Nays: None
MOTION PASSES
e. Approval of Agreements with Muskegon Township Regarding the Sale of the Water System. CITY MANAGER
Request from Staff to move item to Closed Session for discussion.
f. Concurrence with the Housing Board of Appeals Notice and Order to Demolish: INSPECTIONS
SUMMARY OF REQUEST: This is to request City Commisison concurrence with the findings of the Housing Board of Appeals that the structures located at 1) 1698 Seventh (Area 10), 2) 1686 Seventh (Area 10), 3) 570 Catawba (Garage) (Area 11), 4) 453 Catherine (Area 11), 5) 489 E. Isabella (House & Garage) (Area 11), 6) 518 Oak (Area 11), 7) 1136 Williams (Area 11), 8) 1119 Sophia (Area 11), 9) 784 Washington (2004 Blight Flight), and 10) 1887 Letart are 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 structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder.
1. 1698 Seventh (Area 10)
CASE # & PROJECT ADDRESS: 02-049 – 1698 Seventh
LOCATION AND OWNERSHIP: This structure is located on Seventh Street between E. Dale and Larch and is owned by Edward McKenzie.
STAFF CORRESPONDENCE: This structure was written as a dangerous building 9/6/02. A notice for an interior inspection was issued 10/9/02, but the interior was not conducted due to failure of the owner to appear. A Notice and Order to repair or remove was issued 11/25/02. The case was heard before the HBA 2/6/03 and the board declared the structure substandard and a dangerous building on that date. The City boarded the property twice after the owner was notified and failed to secure the building.
OWNER CONTACT: There has been no contact.
FINANCIAL IMPACT: The cost of demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None
SEV: $17,100
ESTIMATED COST OF REPAIRS: $3,000 plus cost of interior repairs.
2. 1686 Seventh (Area 10)
CASE # & PROJECT ADDRESS: 02-83 – 1686 Seventh
LOCATION AND OWNERSHIP: This structure is located on Seventh Street between E. Dale and Larch and is owned by Dan Heller.
STAFF CORRESPONDENCE: This structure was written as a dangerous building 12/9/02. Notice for an interior inspection was issued 11/1/02, but the interior was not conducted due to failure of the owner to appear. A Notice and Order to repair or remove was issued 12/18/02. The case was heard before the HBA 2/6/03 and the board declared the structure substandard and a dangerous building on that date.
OWNER CONTACT: There has been no contact.
FINANCIAL IMPACT: The cost of demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None
SEV: $37,700
ESTIMATED COST OF REPAIRS: $12,000 plus cost of interior repairs.
3. 570 Catawba (Garage) (Area 11)
CASE # & PROJECT ADDRESS: 02-058-570 Catawba – Garage only
LOCATION AND OWNERSHIP: This structure is located on Catawba between Maple and Chestnut. It is owned by Aristotle Stewart who lives here.
STAFF CORRESPONDENCE: This structure was written as a dangerous building 9/11/02. A Notice and Order to repair or remove was issued 9/26/02. Steve Sanders appeared at the HBA meeting 12/5/02 and stated he holds the land contract on the property and that he would repair the garage. There has been no contact from the owner since then.
OWNER CONTACT: Attended the HBA meeting.
FINANCIAL IMPACT: The cost of demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None
SEV: $1,700
ESTIMATED COST OF REPAIRS: $2,500
4. 453 Catherine (Area 11)
CASE # & PROJECT ADDRESS: 02-059 – 453 Catherine
LOCATION AND OWNERSHIP: This structure is located on Catherine between Wood and Williams. It is owned by the State of Michigan.
STAFF CORRESPONDENCE: This structure was written as a dangerous building 9/11/02. A notice for an interior inspection was issued 10/10/02, but the interior was not conducted due to failure of the owner to appear. A Notice and Order to repair or remove was issued 11/25/02. The case was heard before the HBA 2/6/03 and the board declared the structure substandard and a dangerous building on that date.
OWNER CONTACT: There has been no contact.
FINANCIAL IMPACT: The cost of demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None
SEV $7,300
ESTIMATED COST OF REPAIRS: $3,000 plus cost of interior repairs.
8. 1119 Sophia
CASE # & PROJECT ADDRESS: 02-047 – 1119 Sophia
LOCATION AND OWNERSHIP: This structure is located on Sophia between Wood and Apple Ave. and is owned by Eugene Robar.
STAFF CORRESPONDENCE: This structure was written as a dangerous building 9/6/02. A notice for an interior inspection was issued 9/30/02. A Notice and Order to repair or remove was issued 1/25/02. The case was heard before the HBA 2/6/03 and the board declared the structure substandard and a dangerous building on that date.
OWNER CNTACT: There has been no contact.
FINANCIAL IMPACT: The cost of demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None
SEV: $15,900
ESTIMATED COST OF REPAIRS: $30,000
9. 784 Washington (2004 Blight Flight)
CASE # & PROJECT ADDRESS: 03-01 – 784 Washington
LOCATION AND OWNERSHIP: This structure is located on Washington between Beidler and Henry Street and was owned by Jeffrey Bandel who has filed bankruptcy.
STAFF CORRESPONDENCE: This structure was written as a dangerous building after the housing inspector had the fire marshal do an inspection because of dangerous conditions. A Notice and Order to repair or remove was issued 3/31/03/ The case was heard before the HBA 2/6/03 and the board declared the structure substandard and a dangerous building on that date. The structure has had to be boarded by the City twice.
OWNER CONTACT: There has been no contact.
FINANCIAL IMPACT: The cost of demolition will be paid with general funds.
BUDGET ACTION REQUIRED: None
SEV: $27,200
ESTIMATED COST OF REPAIRS: $30,000
STAFF RECOMMENDATION: City Commission concurs with the Housing Board of Appeals for the demolition of said structures and direct administration to obtain bids for demolitions.
Motion by Commissioner Larson second by Commissioner Shepherd to concur with Housing Board of Appeals to demolish the structures at 1698 Seventh, 1686 Seventh, 570 Catawba (Garage), 453 Catherine, 1119 Sophia and 784 Washington and to direct administration to obtain bids for demolitions.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington
Nays: None
MOTION PASSES
5. 489 E. Isabella (House & Garage) (Area 11)
CASE # & PROJECT ADDRESS: 02-044 – 489 E. Isabella
LOCATION AND OWNERSHIP: This structure is located on Catherine between Williams and Chestnut. It is owned by U.S. Bancorp in Ohio.
STAFF CORRESPONDENCE: This structure was written as a dangerous building 9/06/02. A notice for an interior inspection was issued 9/30/02, but the interior was not conducted due to failure of the owner to appear. The case was heard before the HBA 2/6/03 and the board declared the structure substandard and a dangerous building on that date. A contact from the bank rescheduled the interior inspection, which was conducted 4/4/03. A notice for City Commission hearing was issued 4/9/03 along with a letter explaining what needs to be done to save the house.
OWNER CONTACT: The bank has been in contact since March 2003.
FINANCIAL IMPACT: The cost of demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None.
SEV: $14,700
ESTIMATED COST OF REPAIRS: $30,000
STAFF RECOMMENDATION: City Commission concur with the Housing Board of Appeals for the demolition of said structure and direct administration to obtain bids for demolition.
Motion by Commissioner Spataro, second by Commissioner Schweifler to concur with the Housing Board of Appeals to demolish 489 Isabella (House and Garage) and to authorize staff to obtain bids for demolitions.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington, Buie
Nays: None
MOTION PASSES
6. 518 Oak (Area 11)
CASE # & PROJECT ADDRESS: 02-072 – 518 Oak.
LOCATION AND OWNERSHIP: This structure is located on Oak between Scott and Williams. It is owned by Marylou and Robert Anderson.
STAFF CORRESPONDENCE: This structure was written as a dangerous building 9/12/02. A notice for an interior inspection was issued 9/30/02, but the interior was not conducted until 2/26/03 after the owner appeared at the 2/03 HBA meeting. A Notice and Order to repair or remove was issued 11/26/02, but there had been no contact until the HBA meeting. The case was table for 30 days to allow the owner time to have the interior inspection, submit an agreeable timetable for repairs and pull permits. The owner contacted the Inspection office after the interior inspection because he did not agree with the violations noted, but he did not pull permits. The house has since been listed for sale with a realtor with an offer pending.
OWNER CONTACT: The owner has been in contact.
FINANCIAL IMPACT: The cost of demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None
SEV: $13,800
ESTIMATED COST OF REPAIRS: $40,000
STAFF RECOMMENDATION: City Commission concurs with the Housing Board of Appeals for the demolition of said structure and direct administration to obtain bids for demolition.
Motion by Commissioner Spataro, second by Commissioner Schweifler to concur with the Housing Board of Appeals to demolish 518 Oak and to authorize staff to obtain bids for demolition.
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron
Nays: None
MOTION PASSES
7. 1136 Williams
CASE # & PROJECT ADDRESS: 02-079 – 1136 Williams
LOCATION AND OWNERSHIP: This structure is located on Williams between Isabella and Catherine. It is owned by Phyllis Moore and Kenta Moore (Glovestate Realty).
STAFF CORRESPONDENCE: This structure was written as a dangerous building 9/6/02. A notice for an interior inspection was issued 9/23/02 and notice and order to repair or demolish was issued 12/18/02. The structure was declared dangerous at the HBA meeting 2/6/03. The owner had contacted CNS for financial help, but was denied.
OWNER CONTACT: The owner has been in the office when she applied for rental rehab and indicated she wanted to repair. She did not attend the HBA meeting.
FINANCIAL IMPACT: The cost of demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None
SEV: $15,100
ESTIMATED COST OF REPAIRS: $15,000
STAFF RECOMMENDATION: City Commission concurs with the Housing Board of Appeals for the demolition of said structure and direct administration to obtain bids for demolition.
Motion by Commissioner Spataro, second by Commissioner Gawron to concur with the Housing Board of Appeals to demolish 1136 Williams and to authorize staff to obtain bids for demolition.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron, Larson
Nays: None
MOTION PASSES
10. 1887 Letart
CASE # & PROJECT ADDRESS: 02-92 – 1887 Letart
LOCATION AND OWNERSHIP: This structure is located on Letart between Torrent and Crozier and is owned by Patrick Closz.
STAFF CORRESPONDENCE: This structure was written as a dangerous building 12/9/02 when the owner had an interior inspection conducted. He contacted the Inspection office because of what he called “black mold”. The building inspector also did an inspection on 1/10/03. Mr. Closz purchased this house from HUD and has let it go back to the bank because it is in a flood plain and has severe water damage. A notice and order to repair or demolish was issued 2/3/03 and the case was heard and declared by the HBA on 3/6/03.
OWNER CONTACT: The owner, neighbor and realtor attended the HBA meeting.
FINANCIAL IMPACT: The cost of demolition will be paid with general funds.
BUDGET ACTION REQUIRED: None
SEV: $32,900
ESTIMATED COST OF REPAIRS: $25,000
STAFF RECOMMENDATION: City Commission concurs with the Housing Board of Appeals for the demolition of said structures and direct administration to obtain bids for demolitions.
Motion by Commissioner Spataro, second by Commissioner Gawron to concur with the Housing Board of Appeals to demolish 1887 Letart and to authorize staff to obtain bids for demolition.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson, Schweifler
Nays: None
MOTION PASSES
2003-39CLOSED SESSION:
Motion by Commissioner Schweifler, second by Commissioner Gawron to go into Closed Session at 8:37pm.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler, Shepherd
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Vice Mayor Buie to go out of Closed Session at 9:08.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd, Spataro
Nays: None
MOTION PASSES
a. Pending Litigation
e. Approval of Agreements with Muskegon Township Regarding the Sale of the Water System. CITY MANAGER (Item moved from New Business)
SUMMARY OF REQUEST: To approve the following documents for the sale of the water system in Muskegon Township to Muskegon Charter Township and settle the outstanding litigation with Muskegon Township.
1. Inter-Governmental Agreement between the City of Muskegon and Muskegon Charter Township.
2. Water Purchase Contract.
3. Operation and Maintenance Agreement.
FINANCIAL IMPACT: Sale of the water system will generate $1 million for the City’s water system.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the agreements.
Motion by Commissioner Schweifler, second by Commissioner Shepherd to concur with the City Attorney’s recommendation on Pending Litigation and to authorize the Mayor and City Clerk to exercise documents with Muskegon Township regarding the sale of the Water System.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington
Nays: None
MOTION PASSES
The Regular Commission Meeting for the City of Muskegon was adjourned at 9:10PM.
Respectfully submitted,
Gail Kundinger, MMC