Special Council - VDBO

SPECIAL COUNCIL MEETING The Special Council Meeting was held on February 22, 2024, at 5:30 p.m., with Council President Hare presiding. Council members present were Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Mr. Rocha, and Mr. Lewis. Mr. Anderson, Ms. Arndt, and Mr. Sudler were absent. Staff members present were Deputy Solicitor Junge, Mr. Kopp, and Ms. Bennett. Mayor Christiansen was absent. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty, and unanimously carried. PUBLIC HEARING – VIOLATION OF THE DANGEROUS BUILDING ORDINANCE A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at Tax Parcel ED-05-077.09-01-26.00-000, which encompasses 130 South New Street, 132 South New Street, 134 South New Street, 137 South Queen Street, and 137 Cottage South Queen Street. Mr. Eddie Kopp, Chief Code Enforcement Officer, reviewed a presentation depicting the property's condition. Staff recommended: 1) declaring this building and all accessory structures on this property dangerous; 2) ordering the properties demolished or repaired by March 22, 2024, by the owners or equity owners at their own risk; 3) ordering the Building Inspector to cause the demolition of the structures if not completed by the owners within 10 days of the date established by City Council; and 4) ordering the City Manager, with the assistance of the City Solicitor to cause the cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owners. Responding to Mr. Lewis, Mr. Kopp stated that he has attempted to reach out to the owners and the property manager on behalf of the owners with no response. Responding to Mr. Lewis, Mr. Junge stated that a lien would be placed on the property and the money would be recouped that way. Responding to Mr. Lewis, Mr. Hare stated that if the property were to be sold for less, the city would have to agree to settle, or the purchaser must pay the difference. Responding to Mr. Boggerty, Mr. Kopp stated that March 22, 2024, is the date that staff will start the demolition process, which will begin with an asbestos inspection. Mr. Kopp explained that as the asbestos process starts, he will prepare a bid for demolition. Responding to Mr. Boggerty, Mr. Kopp stated that typically the asbestos testing takes one day per building, because all the buildings are together it should be completed in a few days. Mr. Kopp noted that the lab results are what take the longest. Mr. Kopp explained that the testing can be expedited but there is an additional cost associated with that.

SPECIAL COUNCIL MEETING OF FEBRUARY 22, 2024 PAGE 2 Responding to Mr. Boggerty, Mr. Kopp stated that typically demolition takes 30 days because the bid must be posted in the newspaper, and on the website. Responding to Mr. Hare, Mr. Junge stated that he was unaware that the property was going to be demolished on the 22nd and that the letter regarding the foreclosure sale may be an issue because the new owners will need to be aware that there is a demolition order for the property, but he would have to investigate it. Responding to Mr. Boggerty, Mr. Hare stated that the date can still be set for the 22nd, and when the property goes up for the Sheriff’s sale, the new owner has until the 22nd to appeal to council with their written plan to fix up the property and obtain approval. Responding to Mr. Boggerty, Mr. Kopp stated that the property would have to be taken down to the studs. Mr. Kopp stated that the seller of any property must disclose all violations, pending orders, and so forth to the buyer of any property per the International Property Maintenance code which has been adopted in Chapter 22-221. Mr. Kopp explained that the seller would have to disclose the demolition order on the property regardless of who the buyer is. Responding to Mr. Boggerty, Mr. Hare stated that the time limit can be set by council. Once the property is sold on March 7, 2024, the buyer must come before council before March 22, 2024, to present their proposal. Council can then say that they would like to see fifty percent by May 1st, seventy percent by June 1st, and the project completed by July. Mr. Hare also stated that if the buyer does not come before council, the demolition process will begin on March 22, 2024. Responding to Mr. Rocha, Mr. Kopp stated that there have been demolition orders before on properties that Habitat has bought, and they have taken over the demolition. Mr. Kopp explained that they have provided bids and asbestos reports. Council President Hare declared the public hearing open. There being no one present wishing to speak, Council President Hare declared the public hearing closed. Mr. Rocha moved to accept the staff recommendation to have the property repaired or demolished by March 22, 2024, seconded by Mr. Neil, and carried out by a unanimous roll call vote. Mr. Hare moved for adjournment of the Special Council meeting, hearing no objection, the meeting adjourned at 6:09 p.m. ANDRIA BENNETT CITY CLERK

SPECIAL COUNCIL MEETING OF FEBRUARY 22, 2024 PAGE 3 All ordinances, resolutions, motions, and orders adopted by City Council during their Special Meeting of February 22, 2024, are hereby approved. ROBIN R. CHRISTIANSEN MAYOR