City Commission Packet 05-23-2006

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                         MAY 23, 2006
    CITY COMMISSION CHAMBERS@ 5:30P.M.


                               AGENDA

o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLLCALL:
o HONORS AND AWARDS:
o INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
     B. Donation of Four Abandoned Bicycles to the Drug Court.         PUBLIC
        SAFETY
     C. FIRST READING: Rezoning Request for Properties Located at 1561. 1567,
        1575, 1587, 1593 and 1597 Peck Street. and 28 W. Forest Avenue.
        PLANNING & ECONOMIC DEVELOPMENT
     D. FIRST READING:   Zoning Ordinance Amendment               - Wireless
        Communication Service Facilities. PLANNING &              ECONOMIC
        DEVELOPMENT
     E. Request for an Encroachment Agreement. ENGINEERING
     F. Consideration of Bids - Decorative Concrete/Street for Western Avenue,
        Third to Terrace. ENGINEERING
o PUBLIC HEARINGS:
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
         A. Request to Allow More Than One Alcohol License Within the City of
            Muskegon Over the Period July 14 to 16, 2006.    ASSISTANT CITY
            MANAGER
          B. FIRST READING: Vegetation Ordinance Amendment for Raking Leaves.
             PLANNING & ECONOMIC DEVELOPMENT
         C. Development of Terrace Street Lots. CITY MANAGER
          D. Concurrence with the Housing Board of Appeals Notice and Order to
             Demolish the Following: PUBLIC SAFETY
              1. 375 Jackson
              2. 585 Catherine (Area 11)
o ANY OTHER BUSINESS:
o 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.)

D    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 GAIL A
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml49440 OR BY CALLING (231) 7246705 OR TOO: (231)
724-4172.
Date:    May23, 2006
To:      Honorable Mayor and City Commissioners
From:    Gail A. Kundinger, City Clerk
RE:      Approval of Minutes




SUMMARY OF REQUEST: To approve minutes for the May ath
Commission Worksession, and the May gth Regular Commission
Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
      CITY OF MUSKEGON
        CITY COMMISSION MEETING
                            MAY 23, 2006
     CITY COMMISSION CHAMBERS@ 5:30P.M.


                                   MINUTES

   The Regular Commission Meeting of the City of Muskegon was held at City
HaiL 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, May 23,
2006.
   Mayor Warmington opened the meeting with a prayer from Reverend Phillips
from the Love Fellowship Baptist Church after which the Commission and public
recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
   Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioner Kevin Davis, Lawrence Spataro, Sue Wierenga, and Chris Carter,
City Manager Bryon Mazade, City Attorney John Schrier, and Deputy City Clerk
Linda Potter.
   Commissioner Clara Shepherd arrived at 6:07 p.rn. {excused)
2006-45 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the May                  8th   Commission
Worksession, and the May 9th Regular Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
      B. Donation of Four Abandoned Bicycles to the Drug Court.               PUBLIC
         SAFETY
SUMMARY OF REQUEST: The Director of Public Safety requests that the
Commission authorize the Director to provide four abandoned/recovered
bicycles to the Muskegon County Drug Court. This request comes from staff at
the Drug Court. The bicycles will be used to provide an alternate means of
transportation for clients in the program. This action is provided for in Section 46-
153 of the City Ordinance.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of this request.
      C. FIRST READING: Rezoning Request for Properties Located at 1561, 1567,
         1575, 1587. 1593 and 1597 Peck Street, and 28 W. Forest Avenue.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the properties located at 156 L 1567,
1575, 1587, 1593, and 1597 Peck Street and 28 W. Forest Avenue from RM-1, Low
Density Multiple-Family Residential District to R-1, One Family Residential District.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their May 11th meeting. The vote was unanimous,
with J. Aslakson absent.
REQUIRES SECOND READING
      D. FIRST READING:   Zoning Ordinance Amendment                    -  Wireless
         Communication Service Facilities. PLANNING &                   ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST:         Request to amend Sections 2321 (Wireless
Communication Service Facilities) of Article XXIII {General Provisions) of the
Zoning Ordinance to amend the "Overlay District Established for Wireless
Communication Support Facilities" and substitute 2301 Harvey Street for 1350 E.
Keating Avenue (City DPW) as one of the four overlay districts for location of
wireless communication equipment.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of Section 2321,
Article XXIII of the Zoning Ordinance.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the amendment at their May 11th meeting. The vote was
unanimous in favor of the amendment. with J. Aslakson absent.
REQUIRES SECOND READING
      E. Request for an Encroachment Agreement. ENGINEERING
SUMMARY OF REQUEST:        BLDI Environmental who is working with Ken's Super
Service Station and the Marathon Petroleum Co. at the north west corner of
Laketon and Henry has submitted a permit form/encroachment agreement
requesting your permission to install eight additional monitoring wells in the area
surrounding the aforementioned property. The wells would be installed in the
public right of ways of Laketon Avenue, Henry Street, Division Street, Larch
Avenue and Kinsey Street.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the encroachment agreement subject
to the supplemental conditions and compliance with the necessary insurance
requirements.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
consent agenda as read minus item F.
ROLL VOTE: Ayes: Gawron, Spataro, Warmington, Wierenga, Carter, and Davis
            Nays: None
MOTION PASSES
2006-46 ITEM REMOVED FROM THE CONSENT AGENDA:
      F. Consideration of Bids - Decorative Concrete/Street Light for Western
         Avenue, Third to Terrace. ENGINEERING
SUMMARY OF REQUEST: Award the decorative concrete/street light contract on
Western Avenue between Third and Terrace to Kamminga & Roodvoets, Inc.
since they were the only bidder with a reasonable bid price of $888,532.32
which was below the engineer's estimate of $905,467.50. If awarded to
Kamminga & Roodvoets, the award must be contingent upon the Michigan
Department of Transportation's approval.
FINANCIAL IMPACT: The construction cost $888,532.32 plus engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED:          None.  80% of the cost (construction and
engineering) will be funded by the HPP (high priority projects) funds and the
remainder from the city via the ULA/CDBG funds for that project.
STAFF RECOMMENDATION: Award the contract to Kamminga & Roodvoets
contingent upon the Michigan Department of Transportation's approval.
Motion by Commissioner Carter, second by Commissioner Spataro to award the
decorative concrete/street light contract for Western Avenue between Third and
Terrace to Kamminga & Roodvoets, Inc.
ROLL VOTE: Ayes: Spataro, Warmington, Wierenga, Carter, Davis, and Gawron
            Nays: None
MOTION PASSES
2006-47 NEW BUSINESS:
       A Request to Allow More Than One Alcohol License Within the City of
         Muskegon Over the Period July 14 to 16. 2006.    ASSISTANT CITY
         MANAGER
SUMMARY OF REQUEST: To allow more than one liquor license within the City
over the period July 14 to 16, 2006.
July 14th -   Party in the Park: event and liquor license have been approved.
              Pop-A-Top: event was approved by the Leisure Services Board.
              Liquor License is not yet approved.
          -   Muskegon Sportsfishing Association: event and liquor license are
              not yet approved. (They would like to host a Salmon shoot-out with
              beverage tent July 14- 16.)
July 15th -   BBQ Fest: event and liquor license are approved.
              Pop-A-Top: event was approved by the Leisure Services Board.
              Liquor License is not yet approved.
              Muskegon Sportsfishing Association:   event and liquor license are
              not yet approved.
July 16th -   Muskegon Sportsfishing Association:   event and liquor license are
              not yet approved.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: No recommendation. Commission action required.
The Commission might want to reconsider the effectiveness of the existing
ordinance requiring one liquor license per weekend giving the significant
increase in the number of Special Events held in recent years.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the request to allow more than one alcohol license within the City of Muskegon
over the period July 14 to 16, 2006.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, and Spataro
              Nays: None
MOTION PASSES
      B. FIRST READING: Vegetation Ordinance Amendment for Raking Leaves.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend the Code of Ordinances Chapter 98
VEGETATION for the purpose of requiring leaves to be removed from properties
after the conclusion of leaf season. Leaf season is defined as beginning
September 1st and ending April 30th of each year.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of Chapter 98
Vegetation, specifically to amend Section 98-31 Definitions, and Section 98-35
Notice to Destroy and Remove; publication, as proposed to require residents to
rake leaves on their property. Actual enforcement will begin in 2007.
Motion by Vice Mayor Gawron, second by Commissioner Davis to approve the
first reading of the vegetation ordinance amendment for raking leaves.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Spataro, and Warmington
            Nays: None
REQUIRES SECOND READING
      C. Development of Terrace Street Lots. CITY MANAGER
SUMMARY OF REQUEST: To authorize staff to enter into negotiations of a
development agreement with Hot Rod Harley Davidson to develop the Terrace
Street lots pursuant to their proposal.
FINANCIAL IMPACT: $300,000 purchase price for the property plus the property
will go back on the tax rolls.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the request to allow staff to negotiate with Hot Rod Harley Davidson to develop
the Terrace Street lots.
Motion and second amended to authorize staff to enter into negotiations of a
development agreement with Hot Rod Harley Davidson to develop the Terrace
Street lots pursuant to their proposal based on the approval of the City AHorney
and City Manager and to be signed by the Mayor and Clerk based on the
parameters that have been discussed.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
           Wierengo
            Nays: None
MOTION PASSES
      D. Concurrence with the Housing Board of Appeals Notice and Order to
         Demolish the Following: PUBLIC SAFETY
         1. 375 Jackson
         2. 585 Catherine (Area 11)
SUMMARY OF REQUEST: This is to request that the City Commission concur w ith
the findings of the Housing Board of Appeals that the mentioned structures are
unsafe, substandard, public nuisances and that they be demolished within 30
days. It is further requested that administration be directed to obtain bids for the
demolition of the structures and that the Mayor and City Clerk be authorized
and directed to execute a contract for demolition with the lowest responsib le
bidder.
FINANCIAL IMPACT: General Funds
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION:          To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur with
the Housing Board of Appeals notice and order to demolish 375 Jackson and
585 Catherine.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Carter
            Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commission commented on various items.
ADJOURNMENT: The City Commission Meeting adjourned at 6:23p.m.


                                             Respectfully submitted,




                                            Linda Potter, CMC
                                            Deputy City Clerk
ACTION SHEET

            Name                       Action     Ayes      Nays
                               /
Commissioner Davis        II
Vice Mayor Gawron         v
Commissioner Shepherd -    /       JL "-1 <::;J-F           e+l~~~
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Sch.A- Commitment for Title Insurance           0-\ '          ~-- ( l        \:b'1                ,y·                     Page 2 of 5
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                                                                      WMS1178 Revision No. 1



water/sewer usage, infractions and invoices, prior to close for payoff amounts.

       NOTE: In the event that the Commitment Jacket is not attached hereto, all of the
       terms, conditions and provisions contained in said Jacket are incorporated herein.
       The Commitment Jacket is available for inspection at any Company office.




                                                                                   Page 4 of 5
Sch.B I -Commitment for Title Insurance
                                                                         WMS1178 Revision No. 1


                           COMMITMENT FOR TITLE INSURANCE
                               SCHEDULE B- SECTION II
                                    EXCEPTIONS
 Schedule B of the policy or policies to be issued will contain exception to the
 following unless the same are disposed of to the satisfaction of the Company.
     1.    Standard exceptions set forth in jacket.
     2.    Defects, liens, encumbrances, adverse claims or other matters, if any, created, first
           appearing in the public records or attaching subsequent to the effective date hereof
           but prior to the date the proposed insured acquires for value of record the estate or
           interest or mortgage thereon covered by this commitment.
     3.    Taxes and assessments that become a lien against the property after date of
           closing. The Company assumes no liability for tax increases occasioned by
           retroactive revaluation, changes in the land usage or loss of any principal residence
           exemption status for the insured premises.

    4.     Reservation of easement in the vacated streets and alleys as evidenced by the
           instrument recorded July 23, 1945 in Liber 89 of Miscellaneous Records, Page 575.

    5.     Reservation of easement in the vacated streets and alleys as evidenced by the
           instrument recorded July 16, 1945 in Liber 89 of Miscellaneous Records, Page 538.

    6.     Reservation of easement in the vacated streets and alleys as evidenced by the
           instrument recorded March 11, 1971 in Liber 956, Page 557.

    7.     Easement granted to Consumers Energy Company recorded in Liber 90M, Page
           187.

    8.     Easement granted to Michigan Consolidated Gas Company recorded in Liber 118M,
           Pages 358-363, inclusive and in Liber 118M, Pages 364-370, inclusive.

    9.     Easement granted to Consumers Energy Company recorded in Liber 1095, Page
           625 and 626.

    10.    Easement for Right of Way purposes vested in GTE North, Inc. by instrument
           recorded in Liber 1524, Page 606.

  JS/mrl




                                                                                      Page 5 of 5
Sch. B II - Commitment for Title Insurance
DATE:                May 15, 2006

TO:                  Honorable Mayor and Commissioners

FROM:               Mark Kincaid, Deputy Director of Public Safety

RE:                 Concurrence with the Housing Board of Appeals Notice and Order to Demolish.
                    Dangerous Building Case#: EN-060012 Address: 375 Jackson Ave.


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 375 Jackson 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: # EN-060012- 375 Jackson

Location and ownership: This structure is located on Jackson Avenue between Wood and
Octavius streets and is owned by Mortgage Electronic Registration, 636 Grand Regency
Blvd., Brandon, FL, 33510.

Staff Correspondence: A dangerous building inspection was conducted on 03/01/06. The
notice and order to repair was issued on 03/02/06. Case came before HBA in 04/06/06 and
was declared substandard, dangerous and a public nuisance.

Owner Contact: There has been no owner contact, no permits issued and no inspections
scheduled.

Financial Impact:             General

Budget action required:                  None

State Equalized value:                   28,000

Estimated cost to repair:                $10,000 (Exterior Only)

Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish.

City Commission Recommendation: The commission will consider this item at it's meeting
Tuesday, May 23, 2006.




C:\Documents and Settings\Pottcr\Local SettingsU'emporary Internet Files\OLKlA\AGENDA ~375 Jackson Ave .doc   page 1 of 1
                                         CITY OF MUSKEGON
              933 Terrace St., P.O. Box 537, Muskegon, Ml 49443 (231) 724-6715
                      DANGEROUS BUILDING INSPECTION REPORT
                                           Thursday, March 2, 2006

Enforcement# EN060012     Property Address 375 JACKSON AVE Parcel
#24-205-150-0001-00 Owner MORTGAGE ELECTRONIC REGISTRATION

Inspector: Henry Faltinowski

Date completed: 03/02/2006

DEFICENCIES:

 Uncorrected
1. Front home addition collapsed.
2. Front door over hang rotted needs to be replaced to code 2003 MRC.
3. Scrape and paint home (exterior).



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, Ml49440 (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:               May 15,2006

 TO:                 Honorable Mayor and Commissioners

 FROM:               Mark Kincaid, Deputy Director of Public Safety

RE:                  Concurrence with the Housing Board of Appeals Notice and Order
                     to Demolish. Dangerous Building Case#: EN-060002


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
585 Catherine- AREA 11 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: # EN-060002 - 585 Catherine

Location and ownership: This structure is located on Catherine between Maple
St and Chestnut and is owned by Rose Land and Finance Corp and Gary A. Link
on a Land Contract.

Staff Correspondence: A dangerous building inspection was conducted on
01/9/06. The Notice and Order to Repair was issued on 01/20/06. An interior
inspection was conducted on 03/13/06. On 03/02/06 the HBA declared the
structure substandard and dangerous.

Owner Contact: The owner was not present for the HBA meeting dated 03/02/06
but scheduled an interior inspection 03/13/06. No permits have been issued and
no owner contact since that time.


Financial Impact:              General Funds

Budget action required:                  None

State Equalized value:                   $12,200

Estimated cost to repair:                $30,000

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.

City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, May 23, 2006.




C:\Documents and Settings\Potter\Local SettingslJ'emporary Internet Files'OLKIA\AGENDA- 585 Catherine. doc   page 1 of 1
                              CITY OF MUSKEGON
                        DANGEROUS BUILDING INSPECTION
                                   REPORT
                                   Wednesday, January 11, 2006

Enforcement# EN060002           Property Address 585 CATHERINE AVE
Parcel #24-205-081-0001-00      Owner FIRST NATIONAL ACCEPTANCE CO

Inspector: Henry Faltinowski

Date completed: 01/09/2006

DEFICENCIES:

 Uncorrected
1. Roof covering being installed incorrectly with no permits.
2. Additions on back of home has open fascia, rotting siding.
3. Power has been disconnected from home.
4. Broken windows.
5. Interior inspection requested by trade inspectors for complete report on
condition of home.
6. Debris left in yard.



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, Ml49440 (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
                           City of Muskegon
              933 Terrace St., P.O. Box 536, Muskegon, Ml 49443
                            (231) 724-6715

                                 Thursday, March 16, 2006

       DANGEROUS BUILDING INTERIOR INSPECTION REPORT
Property Address: 585 CATHERINE AVE          Parcel# 24-205-081-0001-00

Owner: FIRST NATIONAL ACCEPTANCE CO

Inspection Type:   DB Interior Inspection     Inspector: Henry Faltinowski

Date completed: 03/13/2006


 Uncorrected Interior Inspection Conducted 03/13/06
1. Must have heat source.
2. Must have water heater.
3. Must have a bathroom group.
4. Bathroom to have vent fan.
5. Must have kitchen group.
6. Insure chimney is in good shape.
7. Hose spigot to have vacuum breaker.
8. Insure drainlines are clear & working.
9. Insure living spaces are heated to 68 degrees.
10. All plumbing to conform with 2003 Mich Plumbing Code.
11. All Mechanical to conform with 2003 Michigan Mechanical Code.
12. Rewire house to 2003 MRC.
13. Replace electric service to 2003 MRC.
14. Install smoke alarms to 2003 MRC.
15. Rebuild floor using treated wood floor joists-bathroom meet proper loading - span.
16. Upstairs must remain attic- no bedrooms.
17. Replace windows, door, flooring, walls, ceiling.
18. Replace damaged footing around home perimeter.
19. Smoke alarms per code.

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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