Loading...
HomeMy WebLinkAbout11.04.2002COUNCIL WORK SESSION November 4, 2002 4:30 p.m. Council Chambers Members present: Mayor Rooff, Berry, Welper, Greenwood, Clark, Jordan, Getty. Moved by Jordan, seconded by Berry that the Agenda, as proposed, be approved. Ayes: Six. Absent: Hurley. Motion carried. The council discussed the CMC site, State and EPA Brownfields funds and contamination and future options. Mayor Rooff explained that work on the CMC site will not benefit the property owner but will improve the neighborhood. Don Temeyer, City Planner, reviewed the federal and state grants received for the Brownfields. Mayor Rooff reported that the city did not receive Brownfields funding until the EPA told the city to put all the sites together, including John Deere, Rath, CMC, etc. Mayor Rooff reported that the city has received over $400,000.00 for the CMC site. The property is currently owned by an Arizona resident who purchased the property at a tax sale. We know the site is contaminated, but not how far the contamination has gone. Funds have been allocated by the U.S. Environmental Protection Agency to find out the extent of the contamination and identify what we need to do. The city has received $400,000.00 Iowa Department of Economic Development Brownfields Program grant to assist in the purchase and demolition of the CMC site. Mr. Temeyer explained that the property owner has responsibilities for the site and we know this is a very seriously contaminated site and a blight on the neighborhood. Mr. Temeyer stated the city needs to know what the problem is before we purchase the property. Councilperson Getty suggested a letter be sent to the property owner instructed him to clean up the property or at least mow the weeds. Councilperson Getty asked why the city would spend $130,000.00 on property we do not own. Mike Fisher, with Howard R. Green, responded under the new Brownfields law, if the city does a site assessment and documents what is on the property, the EPA will not come back to seek total damage on that site. Mr. Fisher stated that with EPA funds the city has to prove that there is no windfall to the property owner. At this point, the EPA will not demand the property owner do something with the property as we are not to the point where there is such a risk the EPA will demand they do something. Mr. Fisher stated that the property is bad enough that no one will develop on the site. Mr. Fisher stated the city will use the information to offset anything the property owner thinks the property is worth. Mr. Fisher stated that there is $1 million in revolving money as insurance on the property, and we are just trying to get the property out of the twilight zone. Mr. Fisher stated the city can use the funds for acquisition, demolition, etc. Councilperson Jordan asked why the property owner is not accountable to find out if the property is contaminated, and Mr. Temeyer responded because the property owner purchased the property at a tax sale. Mr. Fisher reported that Iowa Code has specific regulations the city has to follow. The State of Iowa will put a certification on the deed. Mr. Fisher stated that negotiating with the property owner is the right thing to do. Mr. Fisher reported that Phase 1 and Phase 2 have been completed on the property, and the city could establish an exclusion on two-thirds of the property. Mr. Fisher reported that if the city cannot get onto the site, we could re -prioritize our efforts elsewhere. Councilperson Clark stated he feels the city needs to move forward with this site. Mayor Rooff stated that we need to look at the condition of buildings as a joint effort. Lou Cutwright, Building Official/Maintenance Administrator, reported that the city has sent letters to the property owner regarding the dangerous condition of the building. A section of the Council Work Session November 4, 2002 Page 2 building is all wood structure that was set on fire. If there is another fire, the Fire Department has said they will let it bum because it is dangerous to enter. Mr. Cutwright stated the property owner could be issued a citation, and everyday the property owner does not comply he can be assessed a fine. Mayor Rooff stated that the city has pulled back to try to keep the line of communications open, but it is time to get answers from the property owner. Mayor Rooff asked Mr. Cutwright to put together an assessment of the property and bring the information back to the council. With no further business before the council, it was moved by Getty, seconded by Berry that the meeting be adjourned at 5:03 p.m. Ayes: Six. Absent: Hurley. Motion carried. Nancy Eckert City Clerk