Housing Board of Appeals Minutes 08-02-2012

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                                CITY OF MUSKEGON
                        MUSKEGON HOUSING BOARD OF APPEALS
                                MEETING MINUTES
                                    08/02/2012
                                      5:30 PM



ATTENDANCE:          Randy Mackie, Greg Borgman, Kirk Kolberg, William Krick, Boyd Arthur

ABSENT:              Willie German, Ed Simmons

EXCUSED:

STAFF:               Carmen Smith, Henry Faltinowski, Jim Hoppus, Don LaBrenz, Chief
                     Jeffrey Lewis

GUESTS:              Gerry Rich(1692 Elwood), Neighbor –Allen Avenue Church(665 Allen Ave)

Meeting minutes: A motion was made by Randy Mackie and seconded by William Krick to
approve the June 2012 minutes.

A roll call vote was taken:

AYES:                NAYES:      EXCUSED:            ABSENT:      ABSTENTION:
Greg Borgman
Randy Mackie
William Krick
Boyd Arthur
                                                     Ed Simmons
Kirk Kolberg
                                                     Willie German

Motion carried.


DANGEROUS BUILDING REVIEW CASES

EN-120025 – 1692 ELWOOD – 37 E. MAIN LLC, P.O. BOX 652, LAKE ODESSA, MI 48849

Gerry Rich was present to represent property.

Greg Borgman asked staff for update regarding case. Don LaBrenz stated emails had been
shared back and forth with owners and on the 29th of June received renovation timeline that
was almost identical to what was received before with about 2 weeks shaved off. Mr. LaBrenz
said he stated to owners that they needed to be a little more aggressive with schedule. Greg
Borgman asked if that meant that the roof be moved to front of schedule. Mr. LaBrenz stated
when he spoke to owners last that he wanted repairs to be done by October and he said there
had been no more conversations after that. Mr. Rich asked if board had copies of both
timelines submitted. He said the way it was laid out they would start cleaning up yard in July
which has been done except removing the tree. He called attention to first timeline submitted
and said after first HBA meeting the discussion was directed at closing in on the exterior, roof
being dangerous, windows etc would be complete by end of October. He noted the first week
of November would begin work on interior with the intent to be aggressive as possible with the
available resources. He said we’re talking only about difference of 10- 11 weeks and felt if
they concentrated on exterior being done by October. Greg Borgman stated they may be
biting more off than they can chew and didn’t find it respectful. Mr. Rich said they are also
working with City of Fremont on big project. He stated they didn’t buy properties in respective
communities hoping that they would let them fly but didn’t know they were going to be under a
microscope and didn’t find out it was on Dangerous Building List until after purchased. He said
they have tried hard to move up renovations but didn’t feel department was meeting them half
way. Don LaBrenz said after June 7th meeting he was told new timeline would be submitted
soon afterwards but did not receive anything until June 29th. He stated if really serious about
renovation why was timeline not submitted earlier. Mr. Rich said series of emails had been
sent and no response from Mr. LaBrenz. Mr. Krick asked if property looked the same as
viewed on photos and Mr. Mackie said he rode by property and nothing has changed. Mr.
Rich said that since there was no agreement on timeline that’s why nothing had been done.
Mr. Borgman and Mr. Krick both said that was first on both timelines the yard & tree was to be
addressed first. Mr. Rich made last comment that he was frustrated at the process and that
property was purchased with intent to renovate but by the time they have dealt with dangerous
building process, they have been charged $1500 under vacant building because department
lost waiver stating they haven’t owned for a year, he said he feels they have been pushed out.
Mr. Krick said he understands frustration but board can only address dangerous building
issues and if the first item on list had been addressed they would be more inclined to work with
you. Mr. Rich apologized stating he was under the impression that timeline had to be nailed
down before any work could be done. He also stated he fought board review regarding taxes
and the property at 1692 Elwood held the highest value, he said he felt the right hand didn’t
know what the left is doing which has soured him on investing in the city.


Motion was made by Randy Mackie to declare the structure substandard, dangerous and a
public nuisance and was seconded by Bill Krick.

A roll call vote was taken:

AYES:                NAYES:       EXCUSED:            ABSENT:      ABSTENTION:
Greg Borgman
Randy Mackie
William Krick
                                                      Ed Simmons
Kirk Kolberg
                                                      Willie German
Boyd Arthur

Motion carried.



EN-120068 – 665 Allen – Muskegon County Treasurer/Owens Trust – 173 E. Apple Ave.,
Muskegon, MI 49442

Jerry Meyering representing Allen Avenue Church spoke regarding property.

Mr. Meyering stated church is next door to property and was elected to see what this meeting
was about. He stated the church is very concerned to what’s happening a property, been
nothing but eyesore, broken into countless times, dope parties, 2 people shot in front and drug
paraphernalia in back yard. Greg Borgman said they appreciate when neighbors voice
concern. Mr. Meyering said church had considered purchasing property couple years ago
when elderly woman owned it but she went into nursing home and kids fought over it and
nothing has been done. Jim Hoppus said he rode by and asked if window top floor was still
broken? Greg Borgman explained process and case would be sent to City Commission for
concurrence and advised Mr. Meyering he could attend that meeting.


Motion was made by Randy Mackie to declare the structure substandard, dangerous and a
public nuisance and was seconded by Kirk Kolberg.

A roll call vote was taken:

AYES:                NAYES:       EXCUSED:            ABSENT:      ABSTENTION:
Greg Borgman
Randy Mackie
William Krick
                                                      Ed Simmons
Kirk Kolberg
                                                      Willie German
Boyd Arthur

Motion carried.

EN-120047 – 1275 ALLEN – MARJORIE N WALLER-DOYLE, 1275 ALLEN, MUSKEGON,
MI 49442

No one was present to represent property.

Motion was made by William Krick to declare the structure substandard, dangerous and a
public nuisance and was seconded by Randy Mackie.
A roll call vote was taken:

AYES:                NAYES:        EXCUSED:             ABSENT:      ABSTENTION:
Greg Borgman
Randy Mackie
William Krick
                                                        Ed Simmons
Kirk Kolberg
                                                        Willie German

Motion carried.


OLD BUSINESS:
Randy Mackie asked about General Plumbing, he said he heard it was going out for bids? Jeff
Lewis stated that was incorrect and the background on property is cost to tear down would be
exorbitant. The property is directly adjacent to US 31 highway. Mr. Lewis said he has been in
contact with state Senator and tried to get state input because MDOT needs to get involved.
In discussions with Inspections it is felt it would be adverse impact to the road embankment to
proceed with demo and could drain Inspections of our funds. So we would like to get state
involved and get a written review from MDOT and then see if any funds could be obtained to
shore up structure before demolition could take place. Discussion amongst board regarding
solution. Mr. Lewis stated owner appeared to have bought unseen and will probably go back
for taxes.

NEW BUSINESS:

Greg Borgman welcomed back old/new member Boyd Arthur to HBA board. Mr. Borgman
stated Mr. Boyd sat on board back in 90’s.

ADJOURNMENT:                  6:00 PM


                                        CITY OF MUSKEGON

      AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF
     THE CITY COMMISSION AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES.

The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as
signers for the hearing impaired and audiotapes of printed materials being considered at the
meeting, upon twenty-four hours notice to the City of Muskegon. Individuals with disabilities
requiring auxiliary aids or services should contact the City of Muskegon by writing or calling the
following.
      Ann Cummings, City Clerk
          933 Terrace Street
         Muskegon, MI 49443
(231) 724-6705 or TDD (231) 724-6773

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