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CITY OF MUSKEGON
MUSKEGON HOUSING BOARD OF APPEALS
MEETING MINUTES
05/03/07
5:30PM
ATTENDANCE: Randy Mackie, Jon Rolewicz, Chris Carter, Nick Kroes,
Kirk Kolberg, Greg Borgman, Ed Simmons
ABSENT:
EXCUSED:
STAFF: Anthony Kleibecker, Jim Hoppus, Carmen, Don LaBrenz, Ken
Murar, Henry Faltinowski,Scott Vanderwier
GUESTS: Courtney Roberts-Trott & Trott (2046 Crowley (Garage),
Jeffrey G. Myers (553 Allen)
Meeting minutes: A motion was made by Randy Mackie and seconded by Chris Carter
to approve the April 2007 minutes.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter
Ed Simmons
Kirk Kolberg
Motion carried.
Greg Borgman gave commendation to Jim Hoppus from Baker Auto Trim for his
wonderful customer service.
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DANGEREROUS BUILDING NEW CASES:
EN-070035- 2046 Crowley(Garage)- WM Specialty Mortgage LLC, 5401 N. Beach
St. Stop FWTX 828, Fort Worth, TX 76137-2733
Courtney Roberts, attorney from Trott & Trott was present to represent case.
Ms Roberts stated this property is a foreclosure sale and the redemption period
doesn’t expire until midnight tonight and they haven’t been able to take possession of
the property to assess the situation and would like more time to investigate the
possibilities for this property. Jon Rolewicz asked if Ms Roberts had driven by or seen
pictures of the structure. The pictures were shown to Ms. Roberts. Ms Roberts said
she had seen the complaint and understand it’s in pretty sore condition but her client
would also like to investigate the possibility of demolishing the garage themselves to
save on cost. Jon Rolewicz stated he had drove by the structure and a lot of kids are
in the neighborhood and there have been numerous complaints. Nick Kroes stated
owners can still choose to demo the property themselves if the HBA chose to declare
structure tonight. Chris Carter asked if declared, when would the case appear before
City Commission and Anthony Kleibecker stated it would be at least 90 days. Henry
Faltinowski stated it might be to the owner’s advantage to consider demolishing
garage as soon as possible because collapse could damage neighbor’s house. Ms
Roberts said last time the structure was inspected it appeared it was occupied so they
would have to go through an eviction process. Henry Faltinowski said it didn’t appear
to be occupied.
Staff Recommendation: Declare the buildings substandard, a public nuisance, and a
dangerous building.
Motion made by Chris Carter and seconded by Jon Rolewicz to accept staff
recommendation.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter
Ed Simmons
Kirk Kolberg
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Motion carried.
EN-070060- 553 Allen – Jeffrey Myers/Brad Lehman, 1646 W. US 10, Baldwin, MI
49304
Jeffrey Myers was present to represent case.
Mr. Myers stated when he first bought the house his intent was to paint it, repair the
windows, make it a working property basically for investment purposes and was on the
verge of selling when property was vandalized, window smashed, and the electrical
unit trashed. Mr. Myers said he is now in the process of buying the property for
himself from his brother and finance it so the repairs can reflect only him and have it
fully operational, new carpeting, new windows and structural improvements to the
garage. Greg Borgman said an interior inspection needs to take place before any
work is done. Mr. Myers said previous owner simply scraped paint and left it and
when he purchased he put a coat of paint to last thru the winter but it’s structurally
sound the real problem is the garage. Randy Mackie asked if the intent is to rent the
property. Mr. Myers said it was never his intent to rent and wish the Inspection
Department would stop fining him for not registering as a landlord. Randy Mackie
asked if his plans were to flip house or move into it. Mr. Myers stated his first intent
was to sell it as a fixer upper but now he plans to sell as fully operational house but if
that goes bad then he plans to move into the house himself. Chris Carter asked had
he seen the inspection reports. Mr. Myers said he’s seen several reports but thinks
they may have been from previous owner. Mr. Carter noted on the inspection report
about the foundation wall on the exterior of home. Mr. Myers reviewed inspections
report. Ed Simmons asked if there was a timetable when repairs would be completed.
Mr. Myers said he hopes financing would be approved by end of May. Nick Kroes
asked how long would it take to complete and Mr. Myers said he hoped to put house
on market by June 15th but not sure if he’s best judge of timeline. Henry Faltinowski
suggested Mr. Myers wait until the interior inspection so he would have a full picture of
repairs. Nick Kroes asked if building was secure. Mr. Myers said the front door was
busted open and Jon Rolewicz said back door was also open. Mr. Myers said he
would like to put new doors in right away. The Board explained that house needs to be
secured as soon as possible otherwise the City will board it and bill owner.
Motion made by Chris Carter to table case for 30 days pending interior inspection and
was seconded by Randy Mackie.
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A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter
Ed Simmons
Kirk Kolberg
Motion carried.
EN-070062- 1918 Valley St. (Home & Garage) – Federal National Mortgage
Assoc., 1 S Wacker Dr., Chicago, IL 60606
No one was present to represent case.
Mr. Anthony Kleibecker passed out pictures of property for board to review.
Staff Recommendation: Declare the building substandard, a public nuisance, and a
dangerous building.
Motion made by Randy Mackie and supported by Jon Rolewicz to accept staff
recommendation.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter
Ed Simmons
Kirk Kolberg
Motion carried.
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OLD BUSINESS:
Scott Vanderwier asked to see pictures of 553 Allen. Nick Kroes asked if staff could
monitor activity at 553 Allen. Ed Simmons asked about status of 487 W. Clay. Mr.
Anthony Kleibecker stated all the briefs are in before Judge Hicks and his ruling will be
all or nothing situation. Chris Carter asked when can we expect a decision and Mr.
Kleibecker stated case now lies in Judge Hicks timetable. Nick Kroes asked about
home at 140 W. Southern, eviction notice posted and now two broken windows. Scott
Vanderwier asked about Spot Light Nightclub and Mr. Kliebecker said they had
planned to open May 1st but there are alot of issues pending on building. Ed Simmons
asked about status of 790 Terrace and Don LaBrenz stated interior structural repairs
have been completed and now are awaiting a second set of drawings for exterior from
architect. Staff and board discussed status of project at 4 W. Webster.
NEW BUSINESS:
ADJOURNMENT: 5:56 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 Becker, City Clerk
933 Terrace Street
Muskegon, MI 49443
(231) 724-6705 or TDD (231) 724-6773
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