Waukon City Council discusses clean-up of fire-destroyed properties at special session

by Joe Moses

The Waukon City Council met in special session Friday morning, October 7 to address a short meeting agenda including discussion of the agreement relating to the clean-up of 11 Allamakee Street. Earlier that week at its Monday, October 3 regular meeting, the council had discussed the agreement for 11 Allamakee Street, the original location of Paws Up Pet Supplies owned by Tracey Tepesch, and the clean-up of 9 Allamakee Street, the building that housed Tin, Rust & Harmony, a business opened in December 2021 by property owner Mindy Jones. Both business locations were destroyed by a February 13 fire that originated at the 9 Allamakee Street business address.

At that October 3 regular session, by a split vote of 3-2 against, the agreements relating to both properties were not approved with discussion prior to that vote indicating that not all council members had received drafts of these agreements by email for review prior to that October 3 meeting.

At the October 7 special meeting, further discussion of the 11 Allamakee Street agreement took place with council members Steve Wiedner, John Lydon, Kevin Johnson, Arvid Hatlan and Andy Sires present in addition to Mayor Pat Stone, Assistant City Attorney Kevin Stinn and City Clerk Sarah Snitker also being in attendance. Stinn advised that he had not received a copy of the agreement signed by Tepesch from Attorney Bill Shafer yet. Stinn noted that he believes this document is agreed upon by Tepesch and Attorney Shafer, with Tepesch simply needing to provide a signature at this point.

Stinn and the council noted that $57,279.80 will be awarded by Tepesch’s insurance provider to assist in the clean-up costs for the 11 Allamakee location, with the City to take ownership of the property and be given that insurance settlement to help pay for the property clean-up. Stinn, Stone and the council discussed that the actual clean-up cost will likely be higher than that amount awarded, with that actual cost yet to be determined and bids currently being pursued for this project.

Stone and the council discussed the removal of masonry and other materials to be handled using asbestos removal procedures. Liability relating to the tear down and removal of debris was also discussed. Stinn noted that the City has moved this process forward as a dangerous building/nuisance abatement matter with notices having been sent out for both properties and structures to be cleaned up within 90 days. Following discussion, the council approved to accept the agreement relating to 11 Allamakee Street with a signed copy of this agreement by Tepesch being a stipulation at that point in time.

Later the same day of the special session, The Standard reached out to Waukon City Manager Gary Boden for an update relating to the status of the properties at 11 Allamakee Street and 9 Allamakee Street. Boden advised the clean-up for both properties will begin as soon as possible following approval of a contractor’s bid relating to the demolition and clean-up process for both buildings. He anticipates this approval will take place at the Monday, October 17 Waukon City Council meeting in response to the Notice of Public Bidding published in the Wednesday, October 5 edition of The Standard with sealed bids due this Friday, October 14.

Boden noted that this work will include the removal of rubble and materials to be handled as asbestos-contaminated as a safety measure. Boden noted that a timeline for the completion of the clean-up and tear down of the remaining structures is yet to be determined but that at a minimum debris removal will need to be taken care of yet this fall and ideally the remaining structures would be removed also yet this fall or, at the latest, removed following winter.

Boden noted the agreement with Tepesch and work performed by her attorney, Bill Shafer, with Tepesch’s insurance settlement providing assistance for the clean-up cost of the 11 Allamakee Street structure and lot in addition to providing for her property loss and satisfying the remaining mortgage on the property. Boden further explained that there are some variables relating to the 9 Allamakee Street lot and remaining structure, the former Tin, Rust & Harmony location owned by Jones, including the remaining mortgage and insurance settlement contingent upon the results of the State Fire Marshal’s investigation into the cause of the February fire.

In a Monday, October 10 update by telephone, Special Agent Ron Humphrey of the State of Iowa Fire Marshal’s Office told The Standard that investigation is ongoing with nothing being ruled out as a cause as of yet. He said the investigation process at the physical location of the fire has been complete for quite some time and has no bearing on the property clean-up, with interviews and other administrative work still being conducted in regard to the investigation and no timeline for a cause determination being clear at this point.

Boden said the clean-up process and redevelopment of these properties could be potential tax increment financing (TIF) projects. He noted that a private sector partnership will likely be pursued in the redevelopment of both properties with the goal of constructing a building or buildings to match the style and appearance of nearby structures and businesses in downtown Waukon.