HomeMy WebLinkAboutA002 - Council Action summary from Septemer 9, 2008 meeting COUNCIL ACTION SUMMARY
Meeting Date: 9109108
Agenda Item #: 3
SUBJECT: Abatement of Dangerous Buildings
ACTION TAKEN: Directed staff to modify Section 5.400 of the Municipal Code pertaining to
dangerous buildings to incorporate the nuisance abatement provisions reflected in the International
Municipal Lawyer's Association (IMLA) model nuisance abatement ordinance and adding the
requirement for a property owner to provide the City with a cash bond, Certified Check, or Letter
of Credit to guarantee abatement in exchange for an extension of time.
MOTION BY: Goodman
SECOND BY: Doll
VOTING AYE: Doll, Goodman, Larson, Mahayni, Popken, Rice
VOTING NAY: None
ABSENT: None
Diane Voss, City Clerk
Copy to: Doug Marek
Clint Petersen
Bob Kindred
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PROCLAMATION FOR 11 DAYS OF GLOBAL UNITY: September 11 - 21, 2008, were
proclaimed as the "I I Days of Global Unity," by Mayor Pro-Tern Mahayni, for the purpose of
supporting peace-making activities within communities and celebrating the strengths of diversity.
Kevin Arritt,Heather Withers,Cheryl Binzen,Lynne Carey,Brian Eslinger,Amanda Martin,Mary
Nakadate, Lauris Olson, Mary Sawyer, Sue Stanton, and Linda Voit accepted the Proclamation.
PRESENTATION OF PEACE POLE: Cheryl Binzen, 707 Burnett, Ames, and the above-named
members of the "11 Days of Global Unity" group presented a Peace Pole to the City of Ames.
Moved by Rice, seconded by Popken, to accept the Peace Pole.
Vote on Motion: 6-0. Motion declared carried unanimously.
DISCUSSION OF POSSIBLE CODE REVISIONS PERTAINING TO ABATEMENT OF
DANGEROUS BUILDINGS:Assistant City Manager Bob Kindred summarized the direction that had
been given by the City Council to staff on August 21,2007,specifically,to explore the development
of a dangerous-building ordinance that would allow the City to proceed with involuntary compliance
on a more timely basis. It is staff s belief that the current ordinance that allows elapsed times
between citizen complains and Code compliance ranging from five(5)to 13 years does not provide
a reasonable service to the community, is excessively costly, and falls short of the City's
organizational goal to provide exceptional service to Ames citizens.
Mr.Kindred said that staff examined the current Code,a model code developed by the International
Municipal Lawyer's Association(IMLA), and the City of Sioux City's Dangerous Building Code.
From that review, four options were developed for the Council's consideration.
City Attorney Marek compared the major elements of the four options, specifically,who enforces,
what notices are required, options for the City on failure to abate, and how an owner appeals the
process. Building Official David Brown offered comments from personal experience gained while
working in the City of Sioux City. It is his opinion that the option being proposed by the staff will
work well for the City of Ames.
It was noted that the current Code does not allow the City to take abatement action without first
completing judicial proceedings. Assistant City Attorney Judy Parks advised that judicial
proceedings are usually very lengthy.Mr.Kindred further stated that this is time-consuming for City
staff and frustrating to neighboring property owners. Time frames under new procedures cannot be
predicted with certainly;however,each of the other options will provide a more timely response to
safety and neighborhood concerns.
Council Member Larson recommended that the City Council accept staff s recommendation,but at
a later date, expand it to include other property nuisances. Assistant City Manager Kindred
explained that staff is working with a citizen committee on property maintenance issues regarding
rental housing, and those recommendations are forthcoming.
Moved by Popken,seconded by Rice,to direct staff to modify Section 5.400 of the Municipal Code
pertaining to dangerous buildings to incorporate the nuisance abatement provisions reflected in the
IMLA model nuisance abatement ordinance.
City Manager Schainker emphasized that this new procedure would provide for an expedited
process, but would require the City to up-front the costs of abatement.
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Council Member Goodman stated that he liked the idea of a property owner providing a cash bond
as earnest money of their willingness to perform the required maintenance; however, that did not
make it into the draft version being recommended.
Moved by Goodman, seconded by Doll,to amend the motion to add the requirement for a property
owner to provide the City with a cash bond, Certified Check, or Letter of Credit to guarantee
abatement in exchange for an extension of time.
Vote on Motion: 6-0. Amendment declared carried unanimously.
Vote on Motion, as Amended: 6-0. Motion declared carried unanimously.
The meeting recessed at 8:00 p.m. and reconvened at 8:06 p.m.
REVISIONS TO DOWNTOWN FACADE GRANT PROGRAM: Planning and Housing Director
Steve Osguthorpe said that, in response to City Council direction, staff met with representatives of
Wheatfield's Grocery about a possible facade grant for its new building at 413 Northwestern. Staff
had also received an inquiry about a possible facade grant for the building at 101 Main Street. Both
of these buildings, however, have never had basic design elements that the grant program seeks to
preserve.
Mr. Osguthorpe advised that staff is proposing to expand the Downtown Facade Grant Program to
include buildings on select sites around the periphery of the downtown and on sites within the
downtown that are significant in terms of their locations or uses. If approved, the changes would
promote improvements to buildings that are prominent because of location. The program expansion
would require a different set of guidelines intended to draw in design elements that typify the
downtown,but also be applicable to prominent sites that do not have the alignment of buildings that
is typical along Main Street.
Mr. Osguthorpe explained that, if the City Council desires to expand the Downtown Facade Grant
Program in the manner that staff is recommending,standards would be drafted and staff would then
provide the public and stakeholders an opportunity to comment. It is believed that this could be
accomplished by October when the City Council could take action on the two pending grant
applications, which pertain to 413 Northwestern and 101 Main Street.
Planner Jeff Benson presented the first draft of proposed design standards for an expanded Program,
which included quality materials, facade modulation, fenestration,roof,building massing for new
buildings, awnings, and building entrances. The minimum qualifications for a facade grant were
also reviewed by Planner Benson.
Council Member Goodman said that he would like to see the program expand to other areas of the
City, specifically, the streets off of Lincoln Way.
Moved by Rice, seconded by Popken,to direct staff to pursue expansion of the Facade Program in
the Downtown area.
Council Member Goodman recalled that the City Council had indicated that it did not feel that the
City was seeing enough of an impact from the funding it was providing. Planner Benson stated that
staff members will address that when they bring the expanded program back for approval.
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