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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.
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(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.
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(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
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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
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not be properly maintained, or be in violation of city code, the waiver may
be revoked by the appeal committee.
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(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
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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