City Commission Minutes 07-13-2004

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                          JULY 13, 2004
    CITY COMMISSION CHAMBERS @ 5:30 P.M.
                                 MINUTES

   The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, July 13, 2004.
    Mayor Warmington opened the meeting with a prayer from Commissioner
Gawron after which the Commission and public recited the Pledge of
Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
  Present: Mayor Stephen Warmington, Vice Mayor Bill Larson, Commissioner
Chris Carter, Kevin Davis, Stephen Gawron, Clara Shepherd, and Lawrence
Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Gail Kundinger.


2004-60 HONORS AND AWARDS:           Recognition of National Recreation Parks
Month.

2004-61 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, June 22, 2004.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
      B. Second Quarter 2004 Budget Reforecast. FINANCE
SUMAMRY OF REQUEST: At this time staff is transmitting the Second Quarter 2004
Budget Reforecast which outlines proposed changes to the original budget that
have come about as result of changes in policy priorities, labor contracts,
updated economic conditions, or other factors. For the next meeting, an action
item will be placed on the agenda for adoption of the second quarter budget
reforecast together with any additional changes deemed necessary by
Commissioners.
Also included in the second quarter reforecast report is a very preliminary look at
the 2005 budget based on currently available information. At this time, the
projected 2005 budget shortfall is $589,017 which likely is understated due to
incomplete departmental budget estimates. Staff will be refining these figures
over the next several weeks in preparation for the September 1st submission of
the 2005 budget to the City Commission.
FINANCIAL IMPACT: The projected 2004 shortfall in general fund revenues is
$444,403, mostly attributable to lower than budgeted state shared revenues.
The good news is that the revenue shortfall has held steady since the first quarter
reforecast. The other good news is that general fund expenditures are
projected at $487,752 less than original budget as the result of position
elimination’s, position vacancies and other cost-control measures. However, the
projected year-end 2004 fund balance is $282,620 less than the targeted
amount (i.e. 10% of prior year expenditures).
The 2003, 2004, and 2005 city budgets each include a $500,000 transfer from the
budget stabilization fund. Obviously, without these infusions matters would be
much worse. But it is also necessary to realize that recurring general fund
revenues are falling far short of meeting recurring expenses. Absent a major
pick-up in revenues in coming months, further major cost reductions will be
required.
The second quarter reforecast also incorporates several significant changes to
major capital project cost projections.
BUDGET ACTION REQUIRED: Self-explanatory.
STAFF RECOMMENDATION: The City Commission should review the Reforecast to
ensure it reflects their policy initiatives. At the next City Commission meeting,
staff will request formal approval of the Reforecast and related budget
amendments.
COMMITTEE RECOMMENTDATION: There is no committee recommendation at
this time. The budget forecast will be discussed at the July worksession.
      C. Request to Purchase Tax-Reverted            Properties.    PLANNING      &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The State of Michigan is again offering the City a
number of tax-reverted lots acquired prior to 2002 and available to us under the
“old program” for the bargain price of $300 for the first five lots and $20 for each
of the remainder of the properties. Since the City continues to mow and
maintain these lots, even though they are State-owned, it would be
advantageous to the City to take ownership of them. We can then attempt to
sell them and get them back on the tax rolls.
FINANCIAL IMPACT: The total cost of these 36 properties is $920.
BUDGET ACTION REQUIRED: Expend the additional $920 necessary to purchase
these parcels.
STAFF RECOMMENDATION: To approve the request and to authorize the Mayor
and Clerk to sign the resolution.
COMMITTEE  RECOMMENDATION:         The    Land    Reutilization           Committee
recommended approval at their June 22, 2004 meeting.
      D. Leaking Underground Storage Tank Proposals. LEISURE SERVICES
SUMMARY OF REQUEST: To extend the contract with ERM to begin the closures of
the contaminated sites at Hartshorn Marina and Restlawn Cemetery.
FINANCIAL IMPACT:        $5,850       Hartshorn Marina
                         $15, 900     Restlawn Cemetery
BUDGET ACTION REQUIRED: Will need to adjust the Cemetery Budget.                The
Marina should not need adjustment.
STAFF RECOMMENDATION: Approve
   E. Local Law Enforcement Block Grant – Joint Spending Agreement. CITY
      MANAGER
SUMMARY OF REQUEST: To approve a joint spending agreement with the
County for the City’s Local Law Enforcement Block Grant (LLEBG). This is
required because the U.S. Department of Justice has determined that disparate
funding exists.
FINANCIAL IMPACT:
      City of Muskegon      $23,331
      Muskegon County       $ 8,983 (use is for jail security services)
                            $32,314
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the above distributions.
   F. Application for Grant Funding for Fisherman’s Landing. CITY MANAGER
SUMMARY OF REQUEST: To support a grant application for funding for new
restroom and shower facilities at Fisherman’s Landing.
FINANCIAL IMPACT: None. Any grant match will be provided by Fisherman’s
Landing, Inc.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To support a grant application and authorize staff to
sign appropriate application documents and provide letter of support and/or
resolution executed by Mayor and City Clerk.
COMMITTEE RECOMMENDATION: The City Commission reviewed this matter at
their work session on July 12, 2004.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the consent agenda as read.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington,
           Carter
             Nays: None
MOTION PASSES


2004-62 PUBLIC HEARINGS:
      A. Request for an Industrial Facilities Exemption Certificate – SAPPI Fine
         Paper North America. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, SAPPI
Fine Paper North America, 2400 Lakeshore Drive, has requested the issuance of
an Industrial Facilities Exemption Certificate. Since the total capital investment
for this project is $13,500,111 in personal property, this request qualifies for a 9-
year exemption. The project will not create any new employment opportunities,
but will retain 500 jobs currently at the plant.
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 (9) years.
The Public Hearing opened at 5:37 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Gawron, second by Commissioner Spataro to close the
Public Hearing at 5:39 p.m. and approve the Industrial Facilities Exemption
Certificate for SAPPI Fine Paper North America for a term of nine years.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter,
           Davis
             Nays: None
MOTION PASSES
      B. Request for the Establishment of an Industrial Development District –
         Northern Machine Tool Company.          PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended,
Northern Machine Tool Company, 761 Alberta Avenue, Muskegon, Michigan,
has requested the establishment of an Industrial Development District for
property located at 2380 Henry Street, Muskegon, Michigan. The project will
result in the creation of 3 new jobs and $770,000 in private investment.
FINANCIAL IMPACT:     Certain additional income and property taxes will be
collected.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution establishing the Industrial
Development District for Northern Machine Tool Company.
The Public Hearing opened at 5:40 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Spataro, second by Commissioner Gawron to close the
Public Hearing at 5:42 p.m. and establish the Industrial Development District for
Northern Machine Tool Company.
ROLL VOTE: Ayes: Larson,    Shepherd,    Spataro,   Warmington,    Carter,   Davis,
           Gawron
            Nays: None
MOTION PASSES
      C. Request for an Industrial Facilities Exemption Certificate – Northern
         Machine Tool Company. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended,
Northern Machine Tool Company, 761 Alberta Avenue, has requested the
issuance of an Industrial Facilities Exemption Certificate for the property located
at 2380 Henry Street, Muskegon. The total capital investment for this project is
$450,000 in real property and $250,000 in personal property for a total of
$700,000 and will create 3 new employment opportunities. This request qualifies
Northern Machine Tool Company for a 12-year exemption for real property and
a 6-year exemption for personal property. Northern Machine Tool Company’s
current workforce is 45.
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 twelve (12) years for real property
and six (6) years for personal property.
The Public Hearing opened at 5:42 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Carter, second by Vice Mayor Larson to close the
Public Hearing at 5:44 p.m. and approve the Industrial Facilities Exemption
Certificate for Northern Machine Tool Company for a term of twelve years for
real property and six years for personal property.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron,
           Larson
            Nays: None
MOTION PASSES
      D. Amendments to      Brownfield    Plan.       PLANNING    &   ECONOMIC
         DEVELOPMENT
            1. Northern Machine Tool Expansion.
SUMMARY OF REQUEST: To hold a public hearing and approve the resolution
approving and adopting amendments for the Brownfield Plan.                  The
amendments are for the inclusion of property owned by Triple O Enterprises, LLC
in the Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in approving the
Brownfield Plan amendments, although the Northern Machine Tool expansion
will add to the tax base of the City of Muskegon.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To hold the public hearing and approve the
resolution and authorize the Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public
hearing for July 13, 2004, at their June 22, 2004 meeting. Since that time, a
notice of the public hearing has been sent to taxing jurisdictions, and it has
been published twice in the Muskegon Chronicle. In addition, the Brownfield
Redevelopment Authority approved the Plan amendment on June 21, 2004 and
further recommends that the Muskegon City Commission approve the Plan
amendment.
The Public Hearing opened at 5:44 p.m. to hear and consider any comments
from the public. Comments were heard from Mr. Steve Olson, 761 Alberta, the
owner.
Motion by Commissioner Gawron, second by Commissioner Spataro to close the
Public Hearing at 5:47 p.m. and approve the amendments for the inclusion of
property owned by Triple O Enterprises, LLC in the Brownfield Plan.
ROLL VOTE: Ayes: Spataro,   Warmington,     Carter,    Davis,    Gawron,   Larson,
           Shepherd
            Nays: None
MOTION PASSES
            2. Terrace Lots Office Building.
SUMMARY OF REQUEST: To hold a public hearing and approve the resolution
approving and adopting amendments for the Brownfield Plan.           The
amendments are for the inclusion of property owned by MSB II, LLC in the
Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in approving the
Brownfield Plan amendments, although the completion of construction of the
Terrace Lost Office Building will add to the tax base of the City of Muskegon.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To hold the public hearing and approve the
resolution and authorize the Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public
hearing for July 13, 2004, at their June 22, 2004 meeting. Since that time, a
notice of the public hearing has been sent to taxing jurisdictions, and it has
been published twice in the Muskegon Chronicle. In addition, the Brownfield
Redevelopment Authority approved the Plan amendment on June 21, 2004 and
further recommends that the Muskegon City Commission approve the Plan
amendment.
The Public Hearing opened at 5:48 p.m. to hear and consider any comments
from the public. No comments were heard.
Motion by Commissioner Carter, second by Commissioner Davis to close the
Public Hearing at 5:50 p.m. and approve the amendment for the inclusion of
property owned by MSB II, LLC in the Brownfield Plan.
ROLL VOTE: Ayes: Warmington,     Carter,   Davis,   Gawron,   Larson,   Shepherd,
           Spataro
            Nays: None
MOTION PASSES
            3. Art Works Apartments.
SUMMARY OF REQUEST: To hold a public hearing and approve the resolution
approving and adopting amendments for the Brownfield Plan.                 The
amendments are for the inclusion of property owned by Boiler Works, LLC in the
Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in approving the
Brownfield Plan amendments, although the redevelopment of the property into
an Art Works space (with residential and gallery space) will add to the tax base
of the City of Muskegon.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To hold public hearing and approve the resolution
and authorize the Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public
hearing for July 13, 2004, at their June 22, 2004 meeting. Since that time, a
notice of the public hearing has been sent to taxing jurisdictions, and it has
been published twice in the Muskegon Chronicle. In addition, the Brownfield
Redevelopment Authority approved the Plan amendment on June 21, 2004 and
further recommends that the Muskegon City Commission approve the Plan
amendment.
The Public Hearing opened at 5:51 p.m. to hear and consider any comments
from the public. Comments in favor of the project were heard from Gary Hydell
from MSHDA; Michael Jacobsen, 2282 Fulton, Grand Rapids; Kevin Woods,
Woods Consulting, Muskegon; and Paul Veltkamp, 592 W. Muskegon.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing at 7:10 p.m. and postpone vote until the July 27th meeting.
ROLL VOTE: Ayes: Carter,    Davis,   Gawron,    Larson,   Shepherd,    Spataro,
           Warmington
            Nays: None
MOTION PASSES
2004-63 NEW BUSINESS:
      A. Lakefront, LLC – Special Assessment. CITY MANAGER
SUMMARY OF REQUEST: To agree to allow Lakefront, LLC to delay the 1st
installment payment on their special assessment for up to six months and agree
not to invoke the payment acceleration provision of the special assessment
agreement during that period. Lakefront will be responsible for paying late fees
and interest in accordance with the special assessment agreement.
FINANCIAL IMPACT: Delay in payment of $220,000 in principal and interest
payment.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the request.
Motion by Vice Mayor Larson, second by Commissioner Gawron to allow
Lakefront, LLC to delay the first installment payment.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington,
           Carter
            Nays: None
MOTION PASSES
      B. Amendment to the Ferry Development Agreement. CITY MANAGER
SUMMARY OF REQUEST: To enter into an amendment to the Ferry Development
Agreement with Great Lakes Marina. This is necessary to accommodate
additional costs associated with the project.
FINANCIAL IMPACT: Additional cost of $641,097.82 of which $200,000 will be
covered by a grant from the County of Muskegon.
BUDGET ACTION REQUIRED: A budget adjustment will be necessary to
accommodate this request.
STAFF RECOMMENDATION: None
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
amendment to the Ferry Development Agreement with Great Lakes Marina.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter,
           Davis
            Nays: None
MOTION PASSES
      C. Relocation of Former Gas Station @ 793 W. Laketon. CITY MANAGER
SUMMARY OF REQUEST: To consider sale of City owned lot to Brenda Moore to
relocate the former gas station building (Freres) from 793 W. Laketon.
FINANCIAL IMPACT: Sale proceeds to City of $1,000.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: None
Motion by Commissioner Spataro, second by Commissioner Davis to approve
relocation contingent on receipt of title of property from State of Michigan
MOTION AND SECOND WITHDRAWN.
Motion by Commissioner Spataro, second by Vice Mayor Larson to authorize
staff to negotiate a purchase agreement contingent on receipt of title of
property from the State.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron,
           Larson
            Nays: None
MOTION PASSES
      D. Disclosure of Potential Conflict of Interest Under CDBG Community
         Development Block Grant Program. COMMUNITY & NEIGHBORHOOD
         SERVICES
SUMMARY     OF   REQUEST:   Under   Community    Development   Block   Grant
regulations, potential Conflicts of Interest must be disclosed to the public prior to
requesting a waiver from HUD. Sheliah Shah of 807 Wood, has applied for CDBG
assistance under the City’s Emergency Assistance Program. Ms. Shah is a
member of the Citizen’s District Council which governs how the monies are
spent in this program. The City Attorney has determined that no Conflict of
Interest is present in this case: however, this must be disclosed to the public
before any further action can be taken.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: The legal opinion of the City Attorney must be kept
on file with the City Clerk for future public review. If the public can present no
evidence to support a potential conflict, a request for a Conflict of Interest
waiver may be forwarded to HUD for approval.
Motion by Vice Mayor Larson, second by Commissioner Davis that the request
for a Conflict of Interest waiver be forwarded to HUD.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd
             Nays: None
             Absent: Spataro (out of the room)
MOTION PASSES
      E. SECOND READING - Rezoning Request for Property Located at 955 W.
         Laketon. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property located at 955 W. Laketon,
form B-4, General Business to RT, Two Family Residential.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends denial of the request due to lack
of compliance with the future land use map and Master Land Use Plan.
COMMITTEE RECOMMENDATION: The Planning Commission voted to deny the
request at their 3/11 meeting and recommended that the City Commission ask
the ZBA to reconsider the hardship application for this property. The denial
request was approved with Commissioners S. Warmington, B. Smith, and T.
Michalski voting nay. T. Johnson was absent.
Motion by Vice Mayor Larson, second by Commissioner Spataro to approve the
rezone request for property located at 955 W. Laketon from B-4, General
Business to RT, Two Family Residential.
ROLL VOTE: Ayes: Warmington,       Carter,   Davis,   Gawron,   Larson,   Shepherd,
           Spataro
            Nays: None
MOTION PASSES
  F. Request for Encroachment Agreement – Alley off Howden to the East.
ENGINEERING
SUMMARY OF REQUEST: Mr. Stephen Gawron, owner of 1952 Howden, has
submitted the encroachment agreement form requesting your permission to
install and maintain a berm with planting as well as a decorative fence along
the north right of way line of the referenced alley.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the encroachment agreement with the
supplemental conditions.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the encroachment agreement with the supplemental conditions.
ROLL VOTE: Ayes: Carter, Davis, Larson, Shepherd, Spataro
            Nays: None
            Absent: Warmington (out of the room)
            Abstain: Gawron
MOTION PASSES
   G. Concurrence with the Housing Board of Appeals Notice and Order to
      Demolish the Following: 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 structures listed below are
unsafe, substandard, a public nuisance and that they be demolished within
thirty (30) days. It is further requested that administration be directed to obtain
bids for the demolition of the structures and that the Mayor and City Clerk be
authorized and directed to execute a contractor for demolition with the lowest
responsible bidder.
            1837 Kinsey
CASE # & PROJECT ADDRESS: #EN-030169 – 1837 Kinsey
LOCATION AND OWNERSHIP: This structure is located on Kinsey between
Laketon and Windsor and is owned by Bonaes, LLC.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
10/24/03 and an interior inspection 11/12/03 and the notice and order to repair
was issued on 1/27/04. On 4/1/04 the HBA declared the structure substandard
and dangerous.
OWNER CONTACT: There has been no contact from the owner.
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $24,400
ESTIMATED COST TO REPAIR: $40,000
STAFF RECOMMENDATION:         To concur with the Housing Board of Appeals
decision to demolish.
            307 Merrill
CASE# & PROJECT ADDRESS: #EN-040024 – 307 Merrill
LOCATION AND OWNERSHIP: This structure is located on Merrill between Fourth
and Fifth Street. It is owned by JP Morgan Chase Bank.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
2/2/04 and the notice and order to repair was issued on 2/3/04. On 5/6/04 the
HBA declared the structure substandard and dangerous.
OWNER CONTACT: There has been no contact from the owner.
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $16,100
ESTIMATED COST TO REPAIR: $1,500 plus the cost of interior repairs
STAFF RECOMMENDATION:         To concur with the Housing Board of Appeals
decision to demolish.
            382 Amity-Garage
CASE# & PROJECT ADDRESS: #EN-040008 – 382 Amity-Garage
LOCATION AND OWNERSHIP: This structure is located on Amity between
Emerald and Wood Street. It is owned by Doris Brown.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
1/26/04 and the notice and order to repair was issued on 1/27/04. On 4/1/04
the HBA declared the garage substandard and dangerous.
OWNER CONTACT: There has been no contact from the owner.
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $24,100
ESTIMATED COST TO REPAIR: $2,000
STAFF RECOMMENDATION:        To concur with the Housing Board of Appeals
decision to demolish.
            1194 Sixth
CASE# & PROJECT ADDRESS: #EN-040033 – 1194 Sixth
LOCATION AND OWNERSHIP: This structure is located on Sixth between Merrill
and Monroe and is owned by Sam Hicks.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
3/9/04 and the notice and order to repair was issued on 3/22/04. On 5/6/04 the
HBA declared the structure substandard and dangerous. The case began with
an appeal by the owner stemming from requirements from the rental inspection.
The owner was not present at the HBA meeting for his appeal and was ordered
to have the trade inspectors inspect the house. Once the trade inspectors saw
the condition of the house, it was determined to be a dangerous building.
OWNER CONTACT: The owner scheduled the interior inspection.
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $17,300
ESTIMATED COST TO REPAIR: $30,000
STAFF RECOMMENDATION:        To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Carter, second by Comissioner Spataro to concur with
the Housing Board of Appeals decision to demolish 1837 Kinsey, 307 Merrill, 382
Amity-Garage, and 1194 Sixth.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Carter
            Nays: None
            Absent: Larson (out of the room)
MOTION PASSES
            331 Sumner-Garage
CASE# & PROJECT ADDRESS: #EN-030131 – 331 Sumner-Garage
LOCATION AND OWNERSHIP: This structure is located on Sumner between
Erickson and Octavius Street. It is owned by Dorothy Bates.
STAFF CORRECPONDENCE: A dangerous building inspection was conducted on
5/29/03 and the notice and order to repair was issued on 6/12/03. On 11/6/03
the HBA declared the garage substandard and dangerous.
OWNER CONTACT: The owner pulled a permit to repair 7/23/03 which expired
9/30/03. The permit was extended to 10/30/03. The owner and her son came in
and submitted a proposal for NIC to repair the garage. There has been no
further contact and the garage was not repaired by NIC.
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $19,000
Estimated cost to repair: $3,000
STAFF RECOMMENDATION:         To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Commissioner Gawron to concur
with the Housing Board of Appeals decision to demolish 331 Sumner-Garage.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter,
           Davis
            Nays: None
MOTION PASSES
            1124 Ambrosia-Garage
CASE # & PROJECT ADDRESS: #EN-040030 – 1124 Ambrosia-Garage
LOCATION AND OWNERSHIP: This structure is located on Ambrosia between
Iona and E. Isabella. It is owned by Dorothy Bailey.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
2/6/04 and the notice and order to repair was issued on 2/9/04. On 4/1/04 the
HBA declared the garage substandard and dangerous.
OWNER CONTACT: The owner spoke with the Director; she knows the garage
needs to be demolished. The City will proceed with the process and she is going
to work out a payment plan with Bob Robles for the demolition.
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $19,400
ESTIMATED COST TO REPAIR: $5,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
          decision to demolish.
Motion by Commissioner Spataro, second by Commissioner Carter to concur
with the Housing Board of Appeals decision to demolish 1124 Ambrosia.
ROLL VOTE: Ayes: Larson,    Shepherd,   Spataro,   Warmington,   Carter,   Davis,
           Gawron
            Nays: None
MOTION PASSES
            509 Amity
CASE# & PROJECT ADDRESS: #EN-040003 – 509 Amity
LOCATION AND OWNERSHIP: This structure is located on Amity between Williams
and Scott Street. It is owned by Mary Barnes.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
1/20/04 and the notice and order to repair was issued on 1/23/04. On 4/1/04
the HBA declared the garage substandard and dangerous.
OWNER CONTACT: This property was owned by Carrie Green, who is recently
deceased. Her family was present at the 4/1/04 HBA meeting. Her daughter,
Mary Barnes, stated the family was trying to sell the house at the time. They
stated Marshall Redder might be interested in purchasing the home. The
Director of Inspections explained the demolition process to Ms. Barnes, they can
still sell the house, the new owner will have to bring it up to code. On 6/24/04
Mary Barnes came into the office to say that Marshall Redder was purchasing
the house. She wanted to make sure it was ok for her to sell the house during
this process. She was told she can sell it, but the demolition process will continue
and it will be up to the new owner to stop the process.
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $13,900
ESTIMATED COST TO REPAIR: $2,000 plus the cost of interior repairs.
STAFF RECOMMENDATION:          To concur with the Housing Board of Appeals
decision to demolish
Motion by Commissioner Spataro, second by Commissioner Gawron to concur
with the Housing Board of Appeals decision to demolish 509 Amity.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron,
           Larson
            Nays: None
MOTION PASSES
            769 Amity-Garage – Removed per request of staff.

2004-64 CLOSED SESSION: Land Acquisition.
Motion by Commissioner Spataro, second by Vice Mayor Larson to go into
Closed Session at 8:06 p.m. to discuss land acquisition.
ROLL VOTE: Ayes: Spataro,    Warmington,    Carter,     Davis,   Gawron,     Larson,
           Shepherd
           Nays: None
MOTION PASSES
Motion by Commissioner Shepherd, second by Commissioner Carter to come
out of Closed Session at 8:49 p.m.
ROLL VOTE: Ayes: Larson,    Shepherd,   Spataro,   Warmington,     Carter,    Davis,
           Gawron
           Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 8:50 p.m.


                                           Respectfully submitted




                                           Gail A. Kundinger, MMC
                                           City Clerk

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