City Council Regular Meeting - November 24, 2009

Alden City Council
Minutes of Special Meeting
November 24, 2009

Mayor Fiscus called the meeting to order at 1:00 P.M. with the following Council members present; Bill Ramspott, Mike Oliver, Steve Hunt and Janaan Harding.  Also present was City Attorney Clark McNeal, Dave & Kristy Forgy, Tom Vanderloop and Lorrie Watts.  Council member Bob Hoversten arrived
at 2:00 P.M.

Attorney Clark McNeal was present to explain the options the City has for the nuisance, abandoned and dilapidated properties in town.  The City is currently waiting on tax sale deeds on two properties in town that are vacant lots and a title search is being done on another then to proceed for the deed.   Mr. McNeal explains that rehabilitation is costly to the City and assessment does not insure recovery of improvement costs.  He stressed that the City must be sure to give the property owners due process and the option for a hearing before building removal and assessment of fair costs.  He also went over condemnation procedures and the adoption of the Uniform Dangerous Building Code.  Council instructed Attorney McNeal to prepare the proper paper work to start the procedure to adopt the Uniform Dangerous Building Code.   He also went over Iowa Code 657 A(10a) which is the procedure to petition for title of a property which allows the City to take title to an abandoned property and sell the property after publishing a public hearing notice.  He also stated that the City does not have to put the property up for bids.  Petition for title requires a hearing in Court, notice must be sent to all parties who have interest in the property in question.  There is a sixty (60) day waiting period, after the hearing the title may be transferred.  Once title is received the City then has control of the property.  He also suggested conditional sale of acquired properties. Conditional sale would be based on clean up and improvement to the property within a time period.  He stressed that the best option and the least costly to the City and community is the petition for title procedure.  This allows for control of property and expense.

The City Council instructs Attorney Clark McNeal to start the process and searches on properties owned by Robert Hutchinson, Ralph Zesch, Elizabeth Williams and the property formerly owned by Kyong AE Choe.  Council instructs the City Clerk to provide all information available to Clark McNeal on these properties.  They also requested all notices be served certified or by the Sheriff’s Department when necessary.  Clark McNeal suggests that the City have the Maintenance Department take pictures of all the properties that have been mentioned.

Mayor Fiscus called for a motion to adjourn, Mike Oliver motioned to adjourn, Bill Ramspott seconded the motion and all present voted aye.  The meeting adjourned at 2:18 P.M.

 

                                                                    Signed___________________________
ATTEST;                                                                Jeff Fiscus, Mayor

 

______________________________
Lorrie Watts, City Clerk