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I'd like to call to order the city
council meeting December 4th, 2025, 501

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Main Street at 5:30 p.m. Can we stand
for the pledge of allegiance?

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» I pledge algiance to the flag of the
United States of America and to the

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republic for which it stands, one nation
under God, indivisible, with liberty and

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justice for all.
May I have a roll call?

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Crunchaw
>> here.

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» Walker
Mullen

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» here.
>> Kley

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» here.
>> Dade

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» here.
>> Andrews

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» here.
>> Tilman

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Bryant.
>> Greenwald

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» here.
>> Six present, three absent.

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Item number four, mayor's
correspondence. So, just to let you

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know, if you don't have anything to do
this weekend, here's a whole list. So,

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here we go real quick. Um, Friday,
December 4th, Main Street um, Kia Cucks

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Incorporated's annual putting on the
glitz from 4:00 to 9:00 p.m. Come

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support your local businesses, listen to
the carolers and mame band. Ride the

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Holly Jolly Trolley, sing karaoke, and
eat and drink on our main street. Uh,

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don't forget to stop at the Kiaippi
Center, which is our old um River City

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Mall. Listen to the live musicians,
drink hot chocolate, check out the

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vendors and the food trucks. Lake Cooper
Foundation will be having a craft and

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vendor show at 10 uh 8:10 Main Street.
Toys for Tots will be collecting

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unwrapped toys at the entrance to the
Chris City of Christmas from 5 to 8:00

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PM. El Trains is having their glitz with
music from Brandon Lawson and a first

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look at their new arcade setup. And the
Great River Players present the best

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Christmas pageant ever at 7:30 p.m. at
17th South 6th Street and Saturday,

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December 5th. Um, there is a grief
support uh group from 11:00 to noon at

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the Kiaak Public Library. The Great
River Players will present the best

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Christmas pageant ever at 7:30 p.m.
again on Saturday night on 17th South

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6th Street and Music by Six Streams Down
at Sweet Sally starting at 8:00 p.m. And

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then Sunday, December 6th, the Great
River Players present the best Christmas

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pageant ever at 2:00 p.m. that
afternoon. And it's family fun day at

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the Horner YMCA from 2 to 4 PM. It's $10
per family for members and $15 per

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family for non-members. They have cookie
decorating, bouncy houses, games, and an

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indoor snowball fight. So, if you don't
have anything to do this weekend, here's

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a whole bunch of stuff and I hope you
attend it all as much as you can. Um

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item number five is citizens request.
And with citizens request, if anybody

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has anything that they would like to
speak about, please come to the uh

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podium, state your name, your address.
You have two to three minutes. And um

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there's anybody there who wants to go
first.

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Good [snorts] evening. Uh my name is Jim
Rer. uh live at 212 Washington Street

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and I'm uh approximately a year ago I I
brought up a question of snow removal at

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the intersections where the streets and
sidewalks meet and the gentleman was

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adamant that the city went through with
an inloader and cleared the snow from

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the intersections where the streets and
sidewalks meet. That is not correct. I

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have pictures on my phone. I took them
today. Uh

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vast majority of the intersections in
town are not cleared. The one right

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across right this intersection right
here is not clear. Uh whose

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responsibility is it to clear the snow
the snow plows leave at the

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intersections that block access to the
sidewalks.

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» It is a street department right
responsibility to clear the street the

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intersections
>> the the street portion of the

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intersections.
>> Yes the street portion of the

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intersections.
>> Well okay then it's not getting done.

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The streets are not clear in the inter
the where the street meets the sidewalk,

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the snow plows leave the burm there when
they plow, that burm is still there,

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preventing people from access and going
without having to trudge through a mound

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of snow. They're blocking access to the
sidewalks.

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Look at this intersection right here. We
can walk outside and look at it right

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now if you want.
And it's the snow that the snow plows

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leave in the street preventing access to
the sidewalk as you cross the

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intersections. I do it with this. I'm
the exception. No other motorized vehic

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wheelchair in town can m stay on the
sidewalks. They can't do it.

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It's the city's snow. Should be the
city's responsibility to maintain the

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intersections clear for dedic.
And it's not getting done. hasn't been

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done the seven years I've been in a
wheelchair.

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So, I don't know how difficult it is to
move snow four feet.

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Most I I I think that um we've had an
extremely large amount of snow this

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time. So, I think that um what we'll
have to do is have a conversation with

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the street department and see if we
can't um get a little better

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understanding of which way we need to go
there.

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» Well, they've had four working days to
get it done and has done

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» I understand that.
I understand that, sir. And again, we'll

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have a conversation and see what we can
do to get it better.

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» This this wheelchair can't access the
sidewalks in this town.

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» And if I can't do it, who can't? I
>> I understand that.

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» I understand that, sir. And I will have
a conversation myself personally

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tomorrow with the street department.
>> Thank you, ma'am.

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» Thank you.

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Anybody

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else?
So, now we're going to do what's the fun

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part about this job. One of the fun
parts anyway is um we're going to do

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some swearing in of a couple of our
police officers. So, um let's I'll come

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down there and we'll get started.

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» [clears throat]
>> Who wants to go first?

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» Is it age before beauty or seniority
before less seniority?

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» We'll let you make that interpretation.
>> Okay,

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there you go.
If you would raise your right hand. I

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way Johnson do solemnly swear that I
will support the Constitution of the

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United States.
>> I Johnson do solemnly swear I will

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support the Constitution of the United
States

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» and of the State of Iowa
>> and the State of Iowa.

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» And I will honestly demean myself in
office. I will honestly demean myself in

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office
>> and faithfully and impartially

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» faithfully and impartially
>> discharge the duties of sergeant

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» discharge the duties of sergeant
>> of the city of Kekak

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» for the city of Kikak
>> to the best of my knowledge and ability

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» to the best of my knowledge and ability
>> and in accordance with the laws of the

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state of Iowa
>> in accordance with the laws of the state

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of Iowa
>> and ordinance of said city

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» and ordinances of said city.
>> So help me God.

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» So help me God.
>> Thank you.

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» Thank you.
>> [applause]

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» Your turn.
>> All right. [clears throat]

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» Raise your right hand.

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» I, Patrick Haw, do solemnly swear that I
will support the Constitution of the

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United States. I, Patrick Hall, do
solemnly swear that I will support the

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uh Constitution of the United States
>> in the state of Iowa

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» in the state of Iowa
>> and that I and that and I will honestly

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demean myself in office
>> and that I will honestly demean myself

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in office
>> and faithfully and impartially discharge

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the duties of captain
>> and faithfully and impartially discharge

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the duties of captain
>> of the city of Kak

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» of the city of Kekak
>> to the best of my knowledge and ability

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» to the best of my knowledge and ability
>> and in accordance with the laws of the

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state of Iowa
>> and in accordance with the laws of the

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state of Iowa
>> and ordinance of said city

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» and ordinances of said city.
>> So help me God.

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» So help me God.
>> Thank you.

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» Yep. Thank you. [applause]

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So everybody, when it's cold outside and
things are going crazy, remember those

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gentlemen right there are protecting our
streets and our families. And thank you

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very much, guys.
Item number six,

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consent agenda. Minutes of our regular
city council meeting and council

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workshop on November 20th, 2025.
Appointment of Peggy Moss to the

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Historic Preservation Commission. Term
to expire September 1st, 2028.

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Appointment of Dan Tilman to the board
of adjustment fulfilling a term to

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expire April 1st, 2029.
I need a motion to pay the bills and

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transfers listed in registers number
5510 through 5512.

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Do I have a motion to approve?
>> So moved.

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» Second.
>> Any discussion?

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All those in favor say I.
>> I.

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» All opposed. Motion passes.
Item number seven.

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Now is the time and place for a public
hearing awarding a contract for Main

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Street and South Seven Street traffic
signal. A public hearing notice was

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published in the Daily Gate City on
November 25th, 2025. I am opening the

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public hearing at 5:41.

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Do we have any comments or any
discussion?

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Any further discussion,
city clerk? Any written comments or

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objections have been received? There
being no further comments or objections

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on this matter, I will close a public
hearing at 5:41.

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Item B, consider resolution awarding a
contract for Main Street and North 7th

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Street traffic signal replacement. I
need a motion to approve.

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» So moved.
>> Second.

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Two bids were received on Tuesday,
November 25th, 2025 at 11:00 a.m. for

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the replacement of the traffic signal at
North 7th Street and Main Street. The

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low bidder was Klein Electric of De
Moines's Iowa in the amount of $83,785.

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It is therefore recommended that this
council approve a contract with Klein

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Electric of De Moines's Iowa to replace
a traffic signal at North 7th Street and

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Main Street for the total cost of
$83,785.

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Do I have any discussion?
>> This is all covered with insurance

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money.

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» Yes,
>> I had that exact same question. And then

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this is from when the truck damaged it.
correctly. Correct. That intersection.

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Okay.
>> Thank you.

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» So, Brian, you were saying that you have
worked with this insurance company over

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the course of the last year and a half
or so since the original accident.

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» Yes, we've had correspondence,

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but Yes.
>> And and they paid for the original

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lighting that the temp lighting that's
in there now.

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» Yep.
>> And and so they've they've seemed to do

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be very have been proactive and have
followed through up to now.

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» Okay. I don't have a guarantee about
what happens in the future, but they it

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they've recognized and are working under
the assumption it's their

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responsibility.
>> Okay.

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» Any more discussion?
>> Can you state who the other bid was from

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and how much it was?
>> Um, it was from Kyoka Contractors. I

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don't have the exact amount, but it was
in the neighborhood of

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» It's 101,900.
It's in the council packet.

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» Okay. And just a reminder for folks if
you're looking Does this get posted on

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the city's website?

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» Oh, maybe I shouldn't have said that. I
was going to say I was thinking that

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council all gets it, but anyway, it's
$101,900.

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» Thank you.

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» Any more discussion? All those in favor
say I.

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» I.
>> All opposed.

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Item number eight, consider resolution
acknowledging the canvas of votes for

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the 2025 municipal election held
November 4th, 20125. Do I have a motion

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to approve?
>> So moved.

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» Second.
>> Any discussion?

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Official election results from the Lee
County Board of Supervisors are enclosed

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and are being presented to the city
council for acknowledgement. Staff

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recommends approval.

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All those in favor say I. I.
>> I.

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» All opposed.
Item number nine, consider resolution

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approving municipal advisory services
agreement with Piper Sandler. I need a

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motion to approve.
>> So moved.

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» Second.
The city is in the design phase for

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timia street reconstruction with
associated water line replacement and

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storm water separation components
intended to be included. We have

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previously applied for the state
revolving fund SRF loan funding to cover

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the storm water separation components
designed to assist in meeting combined

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sewer overflow cso eliminations in this
area of the community. As we move

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forward in the loan process, we will
need financial consultant assistance in

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the loan design and repayment design
process. The cost of these services is

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intended to be incorporated in the SRF
loan amount. Staff recommends approval.

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Do I have any discussion?

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So, with this item, um, with doing this
the SRF financing, it's about $4.7

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million that were,
uh, that we submitted for the intended

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use plan for the the maximum amount that
we would be borrowing. The compensation

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is listed in here. It would be2%.
which [snorts] comes to if it is that

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$4.7 million would be about $9,400.
It would end up being wrapped up into

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the SRF loan. Um this state revolving
fund loan. Um, we are anticipating going

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after uh CDBG funds for 500,000
as and we I think we have the

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eligibility for a separate $500,000
grant that we're we'll apply for next

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fall as well in this on this project.
Both of those would help to reduce the

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SRF portion the sewer port storm sewer
portion of the overall project costs.

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Um, and I did want to note on the
previous agenda item, I assume all the

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uh people who are being prospected
people to to take office January 1 uh

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have been contacted about we're looking
to do swearing in when on those

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positions.
>> December 18th, the next meeting,

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» next council meeting, except I think for
your position, you're going to wait

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until the January 5th. I have to wait
till January um 5th meeting.

215
00:16:44,399 --> 00:16:50,720
» So for folks who are looking to follow
along as those uh swearing in ceremonies

216
00:16:49,040 --> 00:16:56,800
take place. So that'll occur at the next
two council meetings.

217
00:16:54,320 --> 00:17:01,199
» Any more discussion on the um Piper
Sandler agreement?

218
00:16:59,360 --> 00:17:03,839
Any questions?
All those in favor say I.

219
00:17:03,040 --> 00:17:08,160
» I.
>> All opposed.

220
00:17:05,600 --> 00:17:11,679
Item [clears throat] number 10, consider
resolution approving replacement of the

221
00:17:10,079 --> 00:17:16,880
air conditioner system at the Grand
Theater. I need a motion to approve.

222
00:17:14,079 --> 00:17:20,400
» So moved.
>> Enclosing your packet is a request from

223
00:17:18,640 --> 00:17:25,520
the Grand Theater for the assistance in
funding a muchneeded air conditioning

224
00:17:23,439 --> 00:17:29,440
system replacement. They lost the
ability to cool the facility near the

225
00:17:27,439 --> 00:17:33,360
end of the cooling season and are
desiring to have the repairs occur

226
00:17:31,760 --> 00:17:37,840
before it warms up in the spring.
They're anticipating performing the work

227
00:17:35,280 --> 00:17:42,720
in March if possible. The grand theater
typically is self-supporting. Their

228
00:17:40,000 --> 00:17:49,360
budget in the general fund usually
around 500 around 50,000. Last year it

229
00:17:46,240 --> 00:17:53,280
was 85,000 with a large capital expense.
But their budget usage fees along with

230
00:17:51,520 --> 00:17:57,919
their with fundraising and private
donations offset these expenses. The

231
00:17:56,160 --> 00:18:03,520
expenditure on the air conditioning
system is more significantly

232
00:18:00,799 --> 00:18:07,840
is more significantly though with an
anticipated cost that could be close to

233
00:18:05,760 --> 00:18:13,039
70,000 which is more than they think
they can raise in one year on their own.

234
00:18:10,400 --> 00:18:18,559
This was not an anticipated expenditure
but is driven by equipment failure. The

235
00:18:15,840 --> 00:18:23,919
Grand Theater Commission thinks they can
cover $40,000 of the cost, but will need

236
00:18:22,320 --> 00:18:27,840
additional funding to make up the
difference. If the council approves the

237
00:18:25,679 --> 00:18:32,000
expenditure, it would be out of general
fund dollars. If the council moves

238
00:18:29,840 --> 00:18:37,919
forward with this, there should be some
level in flexibility for how much it

239
00:18:35,039 --> 00:18:44,480
covers beyond the $40,000 raised by the
grand. I placed $30,000 in the

240
00:18:41,039 --> 00:18:48,960
resolution, but this could be amended if
you desired at this meeting. Staff

241
00:18:46,880 --> 00:18:51,960
recommends approval. Do I have any
discussion?

242
00:18:53,039 --> 00:19:03,760
I just have one question. Um, I see the
listing of a grand Theater Commission.

243
00:18:59,679 --> 00:19:10,000
I'm assuming that they do not have um,
oh, what do you call it? 501c3

244
00:19:06,799 --> 00:19:14,720
status. No, they're they're part of the
city.

245
00:19:11,039 --> 00:19:20,960
» Would that would that part of the city
then preclude them for applying for like

246
00:19:17,600 --> 00:19:27,120
the uh Lee County Foundation grants and
such?

247
00:19:22,559 --> 00:19:30,640
» Um I don't do those. Annette does those.
>> They would they would be eligible to

248
00:19:28,720 --> 00:19:35,440
apply for the community foundation
grants.

249
00:19:32,160 --> 00:19:41,200
» They would or would not. would would
Okay. Could we suggest that they perhaps

250
00:19:39,360 --> 00:19:44,240
pursue that route?
>> Yeah, we can. I don't know what the

251
00:19:42,400 --> 00:19:49,440
timing is on that.
>> February is I think it's I think the

252
00:19:46,960 --> 00:19:53,280
next cycle opens in February.
>> Yes.

253
00:19:51,120 --> 00:19:56,720
» They're hoping to have and and they can
certainly apply for it. They're hoping

254
00:19:54,720 --> 00:20:01,919
to have this done before the season
begins because it I mean as they ended

255
00:19:59,200 --> 00:20:05,120
this last season it was a little it was
>> it got a little stuffy in there.

256
00:20:04,000 --> 00:20:10,160
» Okay.
>> So is the verbiage on this or up to

257
00:20:07,840 --> 00:20:15,280
30,000? So if they were able to acquire
more grants and donations then the city

258
00:20:12,880 --> 00:20:19,679
would be at a lower amount for its
portion. and and and maybe you should I

259
00:20:18,320 --> 00:20:23,919
mean I wrote wrote this on the
assumption that that we're saying

260
00:20:21,120 --> 00:20:27,600
they're uh responsible for the first
40,000 which is kind of what they had

261
00:20:25,760 --> 00:20:33,039
said that they they felt comfortable
being able to raise on their own and

262
00:20:29,760 --> 00:20:37,280
they do on an ongoing basis. They they
are very proactive about making sure we

263
00:20:35,039 --> 00:20:43,440
they don't have city money into their
operations. If you look at the net on a

264
00:20:40,320 --> 00:20:48,444
cash basis, it's within $1,000 or so in
any given year between what they raise

265
00:20:45,840 --> 00:20:54,960
and turn into the city and
[clears throat] what uh they expense

266
00:20:50,400 --> 00:20:59,520
through our through the city funds.
But yeah, that makes sense to apply for

267
00:20:57,679 --> 00:21:01,600
it wouldn't keep us from needing to do
the resolution. So they have a back

268
00:21:01,200 --> 00:21:06,400
stop,
>> right?

269
00:21:04,480 --> 00:21:09,679
» Any more discussion? So, our amount
could be not to exceed that 30,000,

270
00:21:08,960 --> 00:21:13,039
right? Okay.
>> That's what I put in there because I

271
00:21:11,280 --> 00:21:17,919
mean, we don't know what the actual cost
of the HVAC system will be. Um, we

272
00:21:16,159 --> 00:21:23,440
they've gotten an idea that it's going
to be in that 70,000 range, but they

273
00:21:21,200 --> 00:21:28,000
don't know plus or minus from that what
they'll get.

274
00:21:25,679 --> 00:21:34,159
And I and I didn't know if you wanted to
be more loose with what was in there or

275
00:21:31,840 --> 00:21:38,799
more strict. I just I just put that in
there so that you had some level of

276
00:21:37,039 --> 00:21:43,520
control over it. If you want it to be
more flexible, you could amend the

277
00:21:40,480 --> 00:21:48,320
wording of this.
>> Well, I think the up to 30,000 is uh is

278
00:21:46,640 --> 00:21:53,679
appropriate for, you know, if they're
looking at a total of 70ish for the

279
00:21:51,039 --> 00:21:58,480
project. And the grand is a gem in this
community. And I mean, the it needs to

280
00:21:55,919 --> 00:22:01,840
get done. They they can't operate in the
summer without it. and the harm that it

281
00:22:00,400 --> 00:22:07,280
would cause to the building to go a
season without cooling um would be

282
00:22:04,720 --> 00:22:12,600
astronomically more expensive than our
portion to keep the HVAC system

283
00:22:09,600 --> 00:22:12,600
operational.

284
00:22:12,880 --> 00:22:17,280
» Any more discussion?
All those in favor say I.

285
00:22:16,720 --> 00:22:20,919
» I.
>> I. All opposed.

286
00:22:21,120 --> 00:22:30,320
Item number 11,
consider resolution approving the

287
00:22:25,919 --> 00:22:34,159
purchase of the 2013 Ford F250
for the street department. I need a

288
00:22:32,000 --> 00:22:38,000
motion to approve.
>> So move.

289
00:22:35,760 --> 00:22:43,840
» Second.
>> The street department is need of a plow

290
00:22:40,080 --> 00:22:48,320
truck. The current 2001 Ford F250 needs
to be replaced to get us through the

291
00:22:45,360 --> 00:22:54,400
snow through the snow season. Carson
Ford of Carthage, Illinois has a 2013

292
00:22:50,880 --> 00:22:59,400
Ford F250 equipped with a plow. We
recommend purchasing this truck for

293
00:22:56,400 --> 00:22:59,400
$18,3670

294
00:23:00,480 --> 00:23:06,799
from Carson Ford as a replacement for
the abovementioned truck. Staff

295
00:23:04,559 --> 00:23:12,640
recommends approval. Do I have any
discussion?

296
00:23:09,360 --> 00:23:18,400
» I have a question. Did we request a
Carfax report for maintenance and number

297
00:23:16,000 --> 00:23:22,039
of owners for that vehicle?
>> No, we did not.

298
00:23:25,360 --> 00:23:31,360
» Any more discussion?
>> Are we trading in the vehicle we have

299
00:23:30,400 --> 00:23:35,120
now or are you
>> No, that the the 2001 is currently not

300
00:23:34,480 --> 00:23:38,000
running.
>> Okay.

301
00:23:35,840 --> 00:23:43,280
» Um, vehicle maintenance is going to try
to get it up and running. Um,

302
00:23:41,360 --> 00:23:48,559
actually the street department has two
vehicles that need replaced. Um, it just

303
00:23:46,480 --> 00:23:54,000
so happened when this one quit running,
uh, the, uh, street manager came to me

304
00:23:51,360 --> 00:24:00,799
and said that he had called Carson's and
this truck had just came in like Monday.

305
00:23:58,240 --> 00:24:05,440
So, uh, luckily it was already equipped
with the Western Snow Plow equipment on

306
00:24:03,039 --> 00:24:10,880
it. So, that was not going to be an
extra cost. But hopes are that this one

307
00:24:08,480 --> 00:24:16,240
gets us through the season before we we
be looking at purchasing a news one um

308
00:24:13,039 --> 00:24:19,760
next budget, next fiscal year.
>> So, we're going to try to fix the one

309
00:24:18,000 --> 00:24:23,919
that's not running
>> right now.

310
00:24:20,320 --> 00:24:29,200
» Yeah. I just um they don't know how uh
well it would perform with plowing snow

311
00:24:26,159 --> 00:24:32,240
along the streets anymore. Um, the
thought process if we if we get this one

312
00:24:30,960 --> 00:24:37,600
purchased and we can get the other one
running, we will move it out to the

313
00:24:34,720 --> 00:24:42,400
airport to replace the 1970 AIS truck
that that Raymond currently plows snow

314
00:24:39,679 --> 00:24:46,240
with. So then that way this that 01's
not out on the streets anymore.

315
00:24:44,480 --> 00:24:51,279
» Okay.
>> So we're buying this one to get us

316
00:24:48,799 --> 00:24:56,240
through this winter. I mean, we'll we'll
use it as long as as long as we can use

317
00:24:53,279 --> 00:25:04,240
it, but um the cost difference between
buying this used one at 18,000 and

318
00:24:59,200 --> 00:25:07,840
equipping a new um new one at 62,000 um
18,000 was a little more seemed a little

319
00:25:06,080 --> 00:25:10,880
more doable right now.
>> But when it comes time that

320
00:25:09,792 --> 00:25:13,360
[clears throat] we have the money or
whatever, do you

321
00:25:12,240 --> 00:25:17,039
» We're going to discuss that.
>> We can take this one and put take down

322
00:25:15,360 --> 00:25:20,400
to the airport and use it.
>> Yeah, we'll take the 01 to the airport

323
00:25:18,640 --> 00:25:25,600
and use it. And then during the budget
talks, we'll we'll discuss um actually

324
00:25:23,200 --> 00:25:28,840
purchasing a new plow truck for the
street department.

325
00:25:31,200 --> 00:25:36,000
» Any more discussion?
All those in favor say I.

326
00:25:35,360 --> 00:25:40,960
» I.
>> All opposed.

327
00:25:38,799 --> 00:25:47,440
Consider item number 12. Consider
resolution vacating and disposing for a

328
00:25:44,720 --> 00:25:52,880
sum certain of platted developed
undeveloped streets and alleys in

329
00:25:49,679 --> 00:25:59,039
Hawkeye edition Kak Iowa Lee County
Iowa. Do I have a motion to approve?

330
00:25:56,960 --> 00:26:01,840
» So move.
>> Second.

331
00:26:00,559 --> 00:26:06,799
The city and planning commission
reviewed the request to vacate all

332
00:26:03,600 --> 00:26:16,000
platted unimproved unimproved streets
and alleys adjacent in blocks 3 4 5 6 11

333
00:26:11,279 --> 00:26:20,559
12 13 14 15 16 17 18 except for 20th
Street and Hickory Street in the Hawkeye

334
00:26:18,159 --> 00:26:24,960
edition. After hearing from the abuing
property owners that could be affected

335
00:26:22,799 --> 00:26:29,919
by the request, the planning commission
recommended to vacate all requested

336
00:26:26,960 --> 00:26:35,679
streets and alleys except for 25th
Street. Hickory 20th and 25th Street

337
00:26:33,279 --> 00:26:39,919
will remain platted public streets and
may be used for access to abudding

338
00:26:37,760 --> 00:26:44,720
property owners. Please note that
although these are platted streets, they

339
00:26:42,720 --> 00:26:50,080
have never been improved and will
require a considerable considerable

340
00:26:46,960 --> 00:26:55,279
amount of work to be usable. I am
waiting on a broker's price opinion

341
00:26:53,039 --> 00:26:59,279
considering a fair market value for this
property. I should have this document

342
00:26:57,360 --> 00:27:03,600
prior to the council meeting of December
4th, 2025.

343
00:27:01,360 --> 00:27:08,320
Recommendation is to vacate and dispose
of the requested platted public right of

344
00:27:05,919 --> 00:27:14,240
way.
I did um receive the broker's price

345
00:27:11,760 --> 00:27:18,279
opinion this afternoon um from Tammy
Panther for $10,000.

346
00:27:21,120 --> 00:27:35,440
» Any more discussion? We've um looked
this over and this is the correct way to

347
00:27:30,240 --> 00:27:41,919
do it and [clears throat] and not um it
does give access to to the piece of

348
00:27:38,000 --> 00:27:46,320
property that could be landlocked in
which we can't do but but we do have a

349
00:27:44,400 --> 00:27:50,240
way to get into that piece of property.
>> Yes,

350
00:27:46,720 --> 00:27:54,840
» Mr. Merits and um Breenberries both have
access to their property if needed.

351
00:27:56,080 --> 00:28:04,320
» Um it would go down Hickory Street. Um
then 20th

352
00:28:02,000 --> 00:28:08,080
that's um Do you have the maps there,
Steve?

353
00:28:05,360 --> 00:28:12,159
» Here it's right here. See these weren't
that wasn't vacated. Neither was that.

354
00:28:10,240 --> 00:28:15,520
And then one of these streets over here
24.

355
00:28:13,039 --> 00:28:20,000
» Yeah. Actually, I had a different map.
I'm not sure why it didn't get in there,

356
00:28:17,039 --> 00:28:24,720
but up here is 25th and that's Yeah,
that's not included in the vacation.

357
00:28:22,000 --> 00:28:28,960
» 25th isn't vacated. So, you have access
to this property back here, too.

358
00:28:26,480 --> 00:28:33,200
» But on the history, you're saying you're
going down.

359
00:28:31,200 --> 00:28:38,360
» Mhm.
>> Isn't this a ditch in between?

360
00:28:40,399 --> 00:28:49,200
As I stated in my memo, it's going to,
you know, it would take quite a bit of

361
00:28:45,679 --> 00:28:54,799
work to able, I mean, either way you go,
it's um 25th. It's going to take quite a

362
00:28:52,320 --> 00:29:03,559
bit of work to get um access to the
property for the Brackenberries and um

363
00:28:57,919 --> 00:29:03,559
it'll take quite a bit for Morris or um

364
00:29:07,120 --> 00:29:14,320
upper
get access to

365
00:29:11,919 --> 00:29:18,399
» it's still a ditch in 20th
>> still what

366
00:29:15,039 --> 00:29:21,840
» there it's still a ditch or a ravine in
20th

367
00:29:19,840 --> 00:29:23,279
» when you at the end of
>> Mhm.

368
00:29:22,480 --> 00:29:27,840
» Okay.
>> Yeah.

369
00:29:24,880 --> 00:29:31,039
I mean he can they can construct some
type of a

370
00:29:29,120 --> 00:29:35,399
» Mr. Meritt's got his hand up. Would you
like to come to the microphone and

371
00:29:42,480 --> 00:29:48,559
Michael Merittz Kiaakawa 382 widest lane
Kiaak

372
00:29:47,515 --> 00:29:53,039
[clears throat]
if u you vacate those and and I don't

373
00:29:51,520 --> 00:29:57,600
know how you're going to talk about mine
later but we don't know the answer to

374
00:29:54,960 --> 00:30:03,440
that yet either so I'd like to hand
these probably a good time to hand them

375
00:30:00,000 --> 00:30:06,840
out I guess but uh
20th Street.

376
00:30:21,520 --> 00:30:27,200
» So Pam is what we need to move this
discussion to the workshop.

377
00:30:26,399 --> 00:30:32,000
» Thank you.
>> I mean you can discuss it. We already

378
00:30:28,799 --> 00:30:39,200
held the public hearing um two weeks ago
>> for this vacation.

379
00:30:34,320 --> 00:30:43,440
» Um so the council can do whatever they
wish to do is um

380
00:30:41,440 --> 00:30:47,679
» you would have the ability if you wanted
to delay a decision depending what

381
00:30:46,159 --> 00:30:50,640
you're doing with other you can't
landlock my land.

382
00:30:48,480 --> 00:30:54,679
» You could table and bring it up at a
future council meeting too.

383
00:30:55,360 --> 00:31:01,200
So my question is though is we were
going to discuss this in the workshop.

384
00:30:59,600 --> 00:31:04,559
Do we need to discuss this in the
workshop or do we need to go forward

385
00:31:03,520 --> 00:31:08,159
right now with it?
>> So what is he asking at this point?

386
00:31:07,039 --> 00:31:10,960
» Pardon me.
>> What's what's Mike? What are you asking

387
00:31:10,320 --> 00:31:16,399
at this point?
>> Well, I'm asking if you agree with this

388
00:31:14,240 --> 00:31:20,000
and then you deny mine down the road, my
land is basically going to be

389
00:31:17,760 --> 00:31:26,960
landlocked.
So, you need to act on mine

390
00:31:23,200 --> 00:31:31,120
before you do this or something because
that 40 foot ravine, there's no way you

391
00:31:28,960 --> 00:31:35,200
can get access across that. And what I'm
asking for is not going to cost the city

392
00:31:33,440 --> 00:31:39,919
anything. All they have to give me
access along that fence line. It's never

393
00:31:37,679 --> 00:31:42,880
been used as landfill or anything. It's
the old road that went into the

394
00:31:41,360 --> 00:31:46,559
landfill.
It's an easement just like any other

395
00:31:44,720 --> 00:31:50,880
road. There's no other liability or
anything else. Everybody's making such a

396
00:31:48,159 --> 00:31:54,240
big deal liability and cost. There is no
cost to it. All they is is give me

397
00:31:52,640 --> 00:31:57,760
access along that.
>> But to to access that, wouldn't you have

398
00:31:56,559 --> 00:32:00,480
to go on
>> pardon

399
00:31:58,559 --> 00:32:04,240
» to access with the that fence line that
you're talking about? Would you have to

400
00:32:01,840 --> 00:32:06,640
go on his property enter his property to
do that?

401
00:32:04,640 --> 00:32:11,760
» I don't I don't have to enter anybody's
property.

402
00:32:08,240 --> 00:32:19,120
» I would be going all the
back in 2010

403
00:32:14,880 --> 00:32:24,399
» there. They even got a
surveyor team and stuff and set it all

404
00:32:21,679 --> 00:32:29,519
up. It is never acted on. 2006 it was
never acted on. For some reason they

405
00:32:26,159 --> 00:32:34,320
keep letting it go and uh they've never
denied it. Back in ' 81 they supposedly

406
00:32:32,080 --> 00:32:39,360
did but Dave Sperry said that I had
access through Bickl's property which

407
00:32:36,559 --> 00:32:43,600
you're g taking away now basically with
that big ravine.

408
00:32:42,402 --> 00:32:47,840
[sighs]
So, what I'm asking for isn't costing

409
00:32:45,519 --> 00:32:53,039
the city a darn thing.
>> So, Mike, we're not we're discussing the

410
00:32:49,600 --> 00:32:56,720
easement. It's not on the agenda. It's
on the workshop. They're not going to I

411
00:32:55,200 --> 00:32:59,600
mean, they can't make a decision tonight
on

412
00:32:57,519 --> 00:33:02,480
» workshop since 2006. And you keep
putting it off. Well, I mean, you can

413
00:33:01,039 --> 00:33:04,880
raise your hands all you want,
>> right? But

414
00:33:03,200 --> 00:33:06,320
» and and like I said,
>> you're crazy.

415
00:33:05,840 --> 00:33:09,200
» Okay.
>> All right. But down the road, you deny

416
00:33:07,760 --> 00:33:14,000
it, then I'm screwed.
>> If the council wishes to table this,

417
00:33:11,279 --> 00:33:23,519
they can. that's totally up to them.
>> So, actually the the motion that is on

418
00:33:17,760 --> 00:33:27,440
the um floor right now isn't is for Mr.
Norris

419
00:33:24,640 --> 00:33:31,200
» Morris's property and we need to either
continue with that. They've had the

420
00:33:29,279 --> 00:33:35,840
public hearing. They've gone before the
city um planning and everything. We need

421
00:33:33,519 --> 00:33:39,760
to go on with that. If they council
chooses to table it, that that's their

422
00:33:37,840 --> 00:33:44,640
right. If they choose not to table it,
we go ahead and vote for this and and if

423
00:33:42,559 --> 00:33:48,240
it passes or doesn't pass and then we
will move to the workshop and discuss

424
00:33:46,240 --> 00:33:52,080
with what you're talking to us about,
Mr. Merittz.

425
00:33:50,399 --> 00:33:53,440
» So, and then if you deny it, what
happens?

426
00:33:52,720 --> 00:33:57,519
» Pardon me?
>> And then if you deny me after the

427
00:33:56,000 --> 00:34:00,640
workshop, then what happens? I don't
have any access.

428
00:33:58,480 --> 00:34:04,000
» Well, we'll we can discuss that during
the workshop.

429
00:34:02,559 --> 00:34:09,520
» I have a question.
>> Uhhuh.

430
00:34:04,480 --> 00:34:16,159
» About the vacating part. So, the platted
streets aren't usable and so for them to

431
00:34:13,839 --> 00:34:20,119
get access to it, when will they be
worked on to be usable?

432
00:34:20,159 --> 00:34:27,040
» I'm sorry.
If the platted streets aren't usable for

433
00:34:24,320 --> 00:34:31,280
the neighbors to get to the properties,
when will they be worked on to be

434
00:34:28,960 --> 00:34:36,480
usable?
That would be up to the uh council to

435
00:34:34,320 --> 00:34:41,760
decide whether they wanted to open those
up or if they wanted to just let the

436
00:34:40,079 --> 00:34:44,000
property owners
>> do a gravel road or something of that

437
00:34:43,599 --> 00:34:48,960
nature.
>> Typically a road that's platted like

438
00:34:46,159 --> 00:34:52,800
this. If it is going to get developed at
some point in the future, it is a de a

439
00:34:50,879 --> 00:34:58,079
developer who does does the
infrastructure. They put it in place.

440
00:34:55,919 --> 00:35:03,520
And I haven't heard anyone saying that
they want to do that at at this point.

441
00:35:00,800 --> 00:35:06,800
Uh it's just set there for that to occur
in the future. But typically a

442
00:35:05,119 --> 00:35:10,640
subdivision
that whoever the developer is is putting

443
00:35:08,720 --> 00:35:14,160
that in.
>> Okay. That was going to be my next

444
00:35:12,160 --> 00:35:18,000
question is that if the roads are
developed, would the city be developing

445
00:35:16,160 --> 00:35:20,960
them or the homeowners? But you're
saying it would be like a private

446
00:35:19,520 --> 00:35:24,960
developer. Usually if you have a
subdivision like this when you have

447
00:35:22,800 --> 00:35:29,920
platted streets the streets when they
get constructed is by a developer to put

448
00:35:27,520 --> 00:35:35,200
them in for the city to take them over
at the end. They have to be develop they

449
00:35:32,240 --> 00:35:39,839
have to be installed to city specs for
for the them to be acceptable for the

450
00:35:37,280 --> 00:35:45,280
city to to take otherwise they are end
up being a private street. I guess I

451
00:35:42,160 --> 00:35:48,560
just don't understand then if we vacate
these, how are they going to get to

452
00:35:46,560 --> 00:35:50,880
their houses? Like, how are they going
to get to their properties?

453
00:35:49,680 --> 00:35:54,320
» Houses. They're not
>> I guess the question is how do they

454
00:35:52,400 --> 00:35:57,520
currently access their land?
>> How would that

455
00:35:55,920 --> 00:35:59,839
» They're only streets on paper. They're
not

456
00:35:57,920 --> 00:36:01,119
» There's no houses. This is just empty
lots.

457
00:36:00,240 --> 00:36:05,680
» It's timber.
>> It's Yeah.

458
00:36:01,839 --> 00:36:09,119
» And that's what M Mr. Morris what as
he's looking at do what he's looking at

459
00:36:07,440 --> 00:36:14,079
doing here. It was a piece of property
that that previously was set up with the

460
00:36:12,480 --> 00:36:20,079
thought that in the future they may
develop it with multiple houses. Uh he's

461
00:36:17,280 --> 00:36:23,440
looking now at maybe one or two
structures going back in there.

462
00:36:21,520 --> 00:36:28,560
» Just my my own house. Yeah.
>> So he's not contemplating the idea of

463
00:36:26,079 --> 00:36:32,240
developing his property like that.
>> So my question then I guess from Mr.

464
00:36:30,560 --> 00:36:38,160
Mayor's,
how do you get to your property now? How

465
00:36:34,880 --> 00:36:41,599
do you access this property now? road
>> on Hilton Road, which we're not looking

466
00:36:39,839 --> 00:36:43,680
at changing at all.
>> Pardon?

467
00:36:42,160 --> 00:36:48,480
» We're not looking at changing Hilton
Road at all. So, I guess that's that's

468
00:36:45,920 --> 00:36:54,240
» a half mile over to that property.
>> But if I there's no way you can develop

469
00:36:51,520 --> 00:36:59,680
that property, put a house on it or
anything else

470
00:36:56,960 --> 00:37:04,079
or anything else. You can't property
unless I myself.

471
00:37:02,160 --> 00:37:07,040
» Well, but right now there is not a
developed road that goes to this

472
00:37:05,440 --> 00:37:10,400
property. Correct.
There is not an actual developed road

473
00:37:08,880 --> 00:37:14,480
that goes to this property.
>> No. And I don't need a developed road. I

474
00:37:12,400 --> 00:37:17,520
didn't need access. I'll put the road in
my

475
00:37:16,000 --> 00:37:22,640
» But you said you're getting there now
from Hilton Road.

476
00:37:18,800 --> 00:37:28,240
» Okay. But again, we need to go back to
>> Well, this this this

477
00:37:24,640 --> 00:37:33,920
because if if if these roads here are
not affected by Hilton Road, I don't I

478
00:37:31,040 --> 00:37:41,040
guess I don't comprehend why these two
even coincide together.

479
00:37:37,680 --> 00:37:45,599
So he bought the property in 1980 from
the city of Kilk.

480
00:37:42,880 --> 00:37:49,440
» At that point
um

481
00:37:47,280 --> 00:37:55,119
there was two I think think there was
four parcels. They were all told that

482
00:37:53,040 --> 00:38:00,400
there was no access to the properties
and they could take you know um they

483
00:37:58,720 --> 00:38:05,119
didn't they could just the bids could
just be dropped. Um, everybody went

484
00:38:02,960 --> 00:38:10,320
ahead and purchased the properties
knowing that there was not any access

485
00:38:07,760 --> 00:38:13,920
other than across the railroad tracks or
through Bickl's property is that's what

486
00:38:12,160 --> 00:38:19,359
they called it and now it's Morris's
property. Mr. Merittz came back in ' 81

487
00:38:17,280 --> 00:38:26,000
asked the city for a easement through
the old land bill. It was denied. Okay.

488
00:38:22,640 --> 00:38:35,119
So, he has came back several times to
request an easement. Um, in 2010 or

489
00:38:31,119 --> 00:38:40,000
2006, Bill Richards actually
suggested to the council that an

490
00:38:36,960 --> 00:38:47,280
easement be given to him. There was an
easement document that was prepared, but

491
00:38:43,680 --> 00:38:52,720
there's no council backup
giving him that easement.

492
00:38:49,760 --> 00:38:59,040
So once we get to the workshop, there's
two letters. One from um Clinger and

493
00:38:55,040 --> 00:39:05,520
Associate who has does our landfill and
then one from the city attorney

494
00:39:01,520 --> 00:39:10,880
um you know that is given um his opinion
on our liability on that.

495
00:39:08,720 --> 00:39:15,280
» There's seven seven acres in the city
that does doesn't really have any

496
00:39:12,480 --> 00:39:19,359
access. I mean, I've got it from half
mile across my own through the middle of

497
00:39:16,880 --> 00:39:24,400
my own property and everything, but
nobody else can ever use that land

498
00:39:21,040 --> 00:39:27,760
except me. And uh it's just it's a
worthless piece of property if I don't

499
00:39:26,079 --> 00:39:33,040
have access. That's why it's the only
reason I'm arguing this. I want I want

500
00:39:29,760 --> 00:39:36,320
him to get what he wants, too. But I I
can't get it through Bickles now if you

501
00:39:34,720 --> 00:39:44,000
do that because you'll never get through
a 30 40 foot ravine and the city

502
00:39:40,880 --> 00:39:47,680
through the old B the landfill. It's not
really going to cost you anything. If

503
00:39:45,760 --> 00:39:52,079
you give me a 30 or 40 foot easement
along that fence, I put the gravel in

504
00:39:50,320 --> 00:39:57,280
and
it's not the old landfill itself because

505
00:39:54,240 --> 00:40:02,079
that was not used along there for the
>> Okay. So, um

506
00:39:58,640 --> 00:40:06,800
» um I only had one more question. Uh Pam,
so the easement along the fence that

507
00:40:04,079 --> 00:40:09,040
he's looking at, is that on the property
that you gave us these papers for?

508
00:40:08,720 --> 00:40:10,640
» Yes.
>> On the landfill?

509
00:40:10,160 --> 00:40:13,119
» Yes.
>> Okay.

510
00:40:10,960 --> 00:40:18,560
» It's It's Yes, it would be on the
landfill. And there is some um I I and I

511
00:40:16,880 --> 00:40:25,400
don't know much about the landfill, but
there are some monitoring wells in that

512
00:40:22,400 --> 00:40:25,400
area.

513
00:40:26,079 --> 00:40:31,760
When I bought the land, she's saying
that it was said there wasn't going to

514
00:40:29,440 --> 00:40:34,960
be any access given. There was a
gentleman's agreement that they would

515
00:40:33,280 --> 00:40:39,200
give me access. And I've been working on
that. You can talk to Bill Richards. He

516
00:40:36,720 --> 00:40:43,599
was How long was he on there? I mean, I
worked with him for years trying to get

517
00:40:41,440 --> 00:40:47,280
this done. And he did those two things
and they still didn't act on. Why? I

518
00:40:45,359 --> 00:40:52,000
don't know. It was never denied. It just
never acted on. And whether it was never

519
00:40:50,240 --> 00:40:55,599
brought to the council, don't know that
either. and Pam, I don't know if you

520
00:40:54,320 --> 00:40:59,599
went back through all the records to see
if it was or not, but anyway, been

521
00:40:58,160 --> 00:41:02,800
working on there was a gentleman's
agreement between me and the mayor and a

522
00:41:01,119 --> 00:41:06,400
couple council members at that point in
time. They they knew you can't really

523
00:41:04,800 --> 00:41:10,960
landlock land and they said, "Well, you
can get it through pickles." So, that

524
00:41:08,000 --> 00:41:16,400
was kind of a catch, but as you can see,
that doesn't really work out either. So,

525
00:41:13,200 --> 00:41:20,960
» okay. So, um what we're going to do, um
I'm going to call for a vote. We have a

526
00:41:18,960 --> 00:41:24,640
first and we have a second. Is that
correct? it last.

527
00:41:22,480 --> 00:41:29,920
» I have a question first.
>> Yes.

528
00:41:26,079 --> 00:41:35,680
» Are we only voting on the vacation
or are we voting on the vacation and the

529
00:41:32,800 --> 00:41:40,720
price we're expecting him to pay
>> as part of that resolution?

530
00:41:37,680 --> 00:41:45,359
» It's It says uncertain. So, it's $10,000
is what I mean that that's up to you

531
00:41:42,880 --> 00:41:51,760
guys if you want to accept the $10,000
as the broker's um price.

532
00:41:49,119 --> 00:41:56,640
» Okay. Personally,
I do not. So, I would like to make a

533
00:41:54,000 --> 00:42:03,599
motion to reduce that down to the 5,000
that was first mentioned by Mr. Ferno

534
00:42:00,160 --> 00:42:08,079
when we first discussed this issue. As I
said, I wanted it to be something that

535
00:42:06,000 --> 00:42:12,240
wasn't too large, but we also I mean
part of why she went to a broker is to

536
00:42:10,000 --> 00:42:15,440
try to find out what where we have to
set a figure that

537
00:42:13,839 --> 00:42:19,280
» is a fair market value
>> from from a city perspective because we

538
00:42:17,440 --> 00:42:22,480
protect the citizens of the whole
community.

539
00:42:20,880 --> 00:42:27,920
» But I mean, you do have flexibility
within what you're going to do for I

540
00:42:25,760 --> 00:42:32,079
mean making an amendment.
But yes, when I did talk about this

541
00:42:29,760 --> 00:42:37,839
originally, I didn't want I did want it
to not be too large. At the same time,

542
00:42:35,040 --> 00:42:41,920
it's I mean, you could look at our past
practice, it would have been 40 or

543
00:42:40,319 --> 00:42:46,760
50,000.
>> It was like 43,000. Yeah.

544
00:42:47,359 --> 00:42:52,880
» So, are Dorothy, is that an amendment to
what we're going to talk about or not?

545
00:42:52,869 --> 00:42:58,000
[snorts]
>> I thought I said I wanted to make a

546
00:42:55,760 --> 00:43:00,640
» Okay. amendment. So we can we add that
to this or not?

547
00:42:58,880 --> 00:43:02,640
» Uh you have a motion on the floor. Do
you have a second to that?

548
00:43:02,000 --> 00:43:06,960
» Yes, we do.
>> Or an amendment?

549
00:43:05,040 --> 00:43:10,520
» Not yet. You don't?
>> No, we do not.

550
00:43:12,519 --> 00:43:17,920
[snorts]
>> You don't get a second. It dies.

551
00:43:14,319 --> 00:43:24,000
» Yeah. So that that amendment dies.
And now we still have on the floor um

552
00:43:22,000 --> 00:43:28,480
the uh item number 12. And I'm going to
read it again. Consider resolution

553
00:43:25,839 --> 00:43:33,599
vacating and disposing for a sum certain
of platted undeveloped streets and

554
00:43:30,960 --> 00:43:39,040
alleys in Hawkeye edition, Kiaak, Iowa,
Lee County, Iowa. We do have a first and

555
00:43:36,720 --> 00:43:43,599
a second. I think we've had a lot of
discussion, so I am going to call for a

556
00:43:41,119 --> 00:43:45,599
vote. All those in favor say I.
>> I.

557
00:43:44,720 --> 00:43:48,599
» All opposed?
>> No.

558
00:43:48,800 --> 00:43:52,480
» You can have a roll call.
>> Yes. We'll need a roll call.

559
00:43:51,680 --> 00:43:55,119
» Hshaw.
>> No.

560
00:43:54,160 --> 00:43:57,520
Mullen,
>> yes.

561
00:43:56,640 --> 00:43:59,680
» Kley,
>> no.

562
00:43:58,800 --> 00:44:02,000
» Dade,
>> yes.

563
00:44:00,960 --> 00:44:04,000
» Andrews,
>> yes.

564
00:44:03,040 --> 00:44:06,400
» Tilman,
>> yes.

565
00:44:04,960 --> 00:44:08,800
» Ryan,
>> yes.

566
00:44:07,440 --> 00:44:12,160
» Greenwald,
>> yes.

567
00:44:11,470 --> 00:44:19,839
[snorts]
>> Six eyes, two nays.

568
00:44:15,599 --> 00:44:24,880
» Motion passes. Item number 13, Council
Leazison reports. Do we have any

569
00:44:22,560 --> 00:44:29,560
anybody?
Item number 14, staff reports.

570
00:44:30,720 --> 00:44:40,560
Um, just to inform the council in our,
uh, 212 building, which is the Park

571
00:44:36,560 --> 00:44:44,800
Ridge offices, um, tractor storage and
that kind of stuff. One of the furnaces

572
00:44:42,800 --> 00:44:50,480
did go out this week. Um, we had it
looked at by Enderlys and it determined

573
00:44:46,720 --> 00:44:57,319
it was done. So, we did order a furnace
yesterday and that will be installed uh

574
00:44:52,880 --> 00:44:57,319
hopefully the first part of next week.

575
00:44:59,040 --> 00:45:07,599
» Anybody else? No.
>> Um I would just

576
00:45:03,599 --> 00:45:12,960
mention um I started to say and I hate
that I then don't know whether it's true

577
00:45:10,079 --> 00:45:20,240
or not. Uh looking at the city council
um under the city council portion of the

578
00:45:15,680 --> 00:45:26,319
web page uh there is a section for uh
council agenda and minutes. Um and as as

579
00:45:24,319 --> 00:45:32,560
the meetings go through there's we do
post for all the years the the uh

580
00:45:29,520 --> 00:45:37,520
council meeting uh agenda and then a
council meeting minutes on the website.

581
00:45:35,359 --> 00:45:42,240
uh for the current
for the current meeting, we have that

582
00:45:40,079 --> 00:45:47,200
posted with the backup materials. So,
the majority of the the information that

583
00:45:44,319 --> 00:45:51,440
the council has in hand is available to
the public on the city's website and

584
00:45:49,599 --> 00:45:57,040
people are really encouraged to go find
it. I I do apologize. It's not easy to

585
00:45:54,000 --> 00:46:00,400
find stuff on the city website. It's
probably not use it's not very

586
00:45:58,880 --> 00:46:09,440
userfriendly.
Uh if you go under uh on the city's

587
00:46:04,960 --> 00:46:16,480
website to uh under city government
under city council and under that it has

588
00:46:13,280 --> 00:46:20,880
a drop down for the agendas and minutes
and it is something everyone is

589
00:46:18,240 --> 00:46:28,960
encouraged to go take a look at. Uh the
council is asked on a week a bi-weekly

590
00:46:23,680 --> 00:46:34,480
basis to to review 100 pages typically
of material. Um and you don't see that

591
00:46:32,720 --> 00:46:41,280
when you sit here and and watch a
council meeting occurring here. They we

592
00:46:37,839 --> 00:46:46,240
don't have a full full
discussion of what all that background

593
00:46:43,760 --> 00:46:52,160
material is, but they do have it as part
of what they uh as backdrop. So, so they

594
00:46:50,240 --> 00:46:56,800
have back background information to make
sure they understand the decisions that

595
00:46:53,839 --> 00:46:59,520
they're making um and why they should be
making them, what they should be

596
00:46:58,079 --> 00:47:05,119
thinking about as they're going to do
it. And folks should take a look at

597
00:47:01,520 --> 00:47:08,800
what's out there. Uh for for us to know
as a community what's going on and why

598
00:47:07,200 --> 00:47:12,400
decisions are made. The only way that
you can really have a full understanding

599
00:47:10,720 --> 00:47:18,079
is if you do go back and take a look
through that. Uh but I know it's time

600
00:47:15,599 --> 00:47:23,359
inensive and it's hard to get anybody to
do it. If I was sitting out in a

601
00:47:20,240 --> 00:47:28,480
community, I wouldn't do it myself. But,
uh, it does answer a lot of questions.

602
00:47:25,839 --> 00:47:32,160
If you're not sure why people are voting
the way they do on an issue, you can

603
00:47:30,319 --> 00:47:35,119
typically find out a lot if you go and
look at the background information in

604
00:47:33,599 --> 00:47:40,560
the packet.
>> And with that being said, public input

605
00:47:37,200 --> 00:47:45,040
is always um, recommended and
considered, and would we'd always like

606
00:47:42,960 --> 00:47:49,200
to hear what the public has to say. So,
>> or people can just ask us, too. Yeah.

607
00:47:47,040 --> 00:47:53,520
just email us,
call.

608
00:47:50,640 --> 00:48:01,359
» I'd just like to remind everyone that
not everybody has a computer, not

609
00:47:56,480 --> 00:48:07,359
everybody has a smartphone, and to I've
heard it discussed that uh

610
00:48:05,119 --> 00:48:15,839
council people should get their
questions answered before coming to the

611
00:48:10,079 --> 00:48:21,200
meetings. Um, I receive lots of comments
thanking me for asking questions to

612
00:48:18,640 --> 00:48:25,920
bring to light things that I feel are
important that the public needs to know.

613
00:48:24,160 --> 00:48:31,359
Um,
they get published in the newspaper. Not

614
00:48:28,240 --> 00:48:38,559
everybody subscribes to the newspaper,
but we

615
00:48:34,000 --> 00:48:46,079
cannot get a proactive society
if we're getting information just two

616
00:48:41,200 --> 00:48:51,200
days before a meeting. Um, and then it's
discussed or we act on something, it

617
00:48:48,800 --> 00:49:00,160
comes out in the paper and then we get
people to be reactive to our decisions.

618
00:48:55,440 --> 00:49:07,559
I know it's a vicious circle. So, um
I don't know the solution, but I just

619
00:49:02,880 --> 00:49:07,559
want everybody to keep in mind that

620
00:49:07,680 --> 00:49:14,200
there are situations where we need to
have discussions.

621
00:49:15,119 --> 00:49:24,640
Okay. Anybody else? Item number 15.
>> Question. So, is Mr. Mer's proposed

622
00:49:22,880 --> 00:49:26,960
easement. Is that on workshop or where
is that at?

623
00:49:25,200 --> 00:49:30,079
» That will be on workshop as soon as this
meeting is over.

624
00:49:28,000 --> 00:49:34,640
» Okay. Thank you.
>> All right. We're at number 15, new

625
00:49:31,680 --> 00:49:39,920
business. Anybody?
Item number 16. I need a motion to

626
00:49:37,040 --> 00:49:45,200
adjurnn.
>> All those in favor say I.

627
00:49:42,240 --> 00:49:48,079
» All opposed.
>> Meeting is adjourned. Take about three

628
00:49:46,960 --> 00:49:53,520
minutes and we'll come back to the
workshop.

629
00:49:50,000 --> 00:49:57,680
Here we go.
>> Like to open the council workshop

630
00:49:54,960 --> 00:50:03,440
December 4th, 2025 immediately following
the council meeting. The um discussion

631
00:50:00,880 --> 00:50:08,640
it number one discussion is regarding
easement requested by Mike Merrittz and

632
00:50:05,839 --> 00:50:14,000
I'm going to open it to um Pam Broomhall
to uh give us some information.

633
00:50:10,880 --> 00:50:16,960
» Okay. So, has everybody been able to
read my memo to the council?

634
00:50:16,640 --> 00:50:22,240
» Yes.
>> Okay. Um, do you have any questions on

635
00:50:19,440 --> 00:50:26,880
that
on the memo we did get in have you been

636
00:50:25,119 --> 00:50:31,319
able to read the Clinger and Associates
and the um

637
00:50:32,079 --> 00:50:39,200
email from Jim Dennis? I guess the only
question I would have I was reading the

638
00:50:36,800 --> 00:50:44,640
one from Jim and he's talking about you
know we have limited

639
00:50:42,480 --> 00:50:49,359
rest it's limited limited what we can do
we what we can restrict if we grant an

640
00:50:47,599 --> 00:50:56,800
easement to somebody do we have the
ability to put in a no fault clause to

641
00:50:53,200 --> 00:51:01,839
the city to where it you know if we're
granting them this anybody that they

642
00:50:58,880 --> 00:51:06,400
would grant access to this easement they
would be the ones that would hold the

643
00:51:03,040 --> 00:51:11,200
liability versus the city. Um, is that
something we can we can even legally do?

644
00:51:09,119 --> 00:51:14,880
» Well, I think as Jim stated, it's only
as good as I'm not sure what he actually

645
00:51:13,520 --> 00:51:20,400
stated on here.
>> So, what he did say in there, you can

646
00:51:16,880 --> 00:51:23,599
write that in there and and but the pro
the the problem is the city will always

647
00:51:22,079 --> 00:51:28,960
be the back stop
>> and we can't do away with our liability

648
00:51:26,800 --> 00:51:32,319
when we're the property owner. That was
the long and short of what he's saying

649
00:51:30,480 --> 00:51:38,240
in that is that
>> uh even if you write a clause in like

650
00:51:34,480 --> 00:51:41,920
that uh it it can help to protect the
city, but we are always going to be the

651
00:51:40,240 --> 00:51:45,680
deep pocket that will back up any
>> and I I I I would understand that and I

652
00:51:44,160 --> 00:51:50,559
would expect that I guess but that that
would be my only reservation. I have no

653
00:51:49,040 --> 00:51:55,520
problem with granting an easement
because I I understand the situation,

654
00:51:53,280 --> 00:52:01,599
but I would at least would would like to
see us as as a city put some sort of no

655
00:51:58,480 --> 00:52:05,599
fault clause in. At least we'd have a
leg to stand on if it ever did end up

656
00:52:03,359 --> 00:52:09,760
going to court. It's like, hey, he knew,
you know, that this should fall back on

657
00:52:07,680 --> 00:52:15,520
him and at least we wouldn't necessarily
be the only one if there was never some

658
00:52:12,720 --> 00:52:20,319
loss lawsuit or civil action suit taken,
we wouldn't be the only ones on the hook

659
00:52:17,040 --> 00:52:24,079
for that would be that that'd be my only
addition if we're going to do this is

660
00:52:21,839 --> 00:52:29,760
just make sure we protect ourselves as
much as we can.

661
00:52:26,000 --> 00:52:34,160
» So, as I said earlier, I am not
familiar. I've never dealt with the

662
00:52:31,599 --> 00:52:38,640
landfills um within the city. So, it's
it's always been public works. So, when

663
00:52:36,400 --> 00:52:44,000
I was actually looking for documentation
on the landfill, it is a closed

664
00:52:41,040 --> 00:52:49,839
landfill. Um,
and there is a gate that goes across

665
00:52:46,800 --> 00:52:56,800
20th Street. 20th Street actually ends
um prior to getting to the city's

666
00:52:52,800 --> 00:53:01,760
property. Um, and I when somebody had
mentioned the gate, I thought you can't

667
00:52:59,040 --> 00:53:05,359
gate an open street. I mean you it's you
know but then when I was looking through

668
00:53:03,599 --> 00:53:09,920
the documentation
that was one of the requirements for the

669
00:53:07,200 --> 00:53:13,839
closed landfill is that the landfill had
to be that road needed gated and there

670
00:53:11,839 --> 00:53:17,520
needed to be signage on it and it needed
to be locked. Not saying that we

671
00:53:15,839 --> 00:53:24,240
couldn't
do something someplace else for that.

672
00:53:20,240 --> 00:53:29,760
The other thing is um I did read and um
about the restrictive covenant. Um, so I

673
00:53:27,280 --> 00:53:36,160
need to make we need to research that to
see if there's any restrictive covenants

674
00:53:31,599 --> 00:53:40,880
on the property once it got closed. So,
um, I'll have maybe Jim or someone else

675
00:53:38,800 --> 00:53:46,480
see if they could look through the deed
and see if I can find anything on that

676
00:53:43,680 --> 00:53:52,280
prior to because that may also limit the
city of what they could do actually do

677
00:53:47,920 --> 00:53:52,280
with the property. Um,

678
00:53:52,400 --> 00:54:00,000
this is totally, um, I know that John
just spoke with me. Um, you know, he

679
00:53:58,000 --> 00:54:07,040
said if we could maybe hug the property
line, he would give Mr. Morris an

680
00:54:02,480 --> 00:54:13,680
easement over his um, 3 acres. Um, which
would be this is Mr. Merritt's here and

681
00:54:10,079 --> 00:54:17,440
John owns this part here. Um, so there's
still some discussion. I just I I want

682
00:54:16,160 --> 00:54:21,040
to make sure you guys have all the
information before I put it on a

683
00:54:18,960 --> 00:54:25,440
resolution for you to either deny it or
or approve it. Um so I guess I still

684
00:54:24,079 --> 00:54:30,960
have a few more things that I didn't
realize that I needed um before you can

685
00:54:29,280 --> 00:54:36,800
actually make a decision.
>> Then then are you proposing

686
00:54:34,400 --> 00:54:42,319
that you go down Hickory Street to 20th
Street

687
00:54:39,200 --> 00:54:48,400
to to Mr. Merritt's property?
Well, he's he's asking about the 20th

688
00:54:44,960 --> 00:54:54,640
Street uh adjacent to these um cemetery
and the sanitation department is where

689
00:54:50,960 --> 00:54:58,480
he's asking for the um
easement.

690
00:54:55,839 --> 00:55:05,559
» 20th Street across the dump hugging the
elks and then across my three acres to

691
00:55:01,839 --> 00:55:05,559
access his seven.

692
00:55:06,559 --> 00:55:13,359
I know that there's still some I don't
know if I think they're plugged, but

693
00:55:11,680 --> 00:55:19,119
there's still some monitoring wells out
there. Um, and I'm sorry I didn't print

694
00:55:16,480 --> 00:55:23,920
a document of the actual monitoring
wells and where they're at and the swell

695
00:55:21,760 --> 00:55:28,079
that they had to build out there for the
water and which is fairly close to this

696
00:55:26,559 --> 00:55:34,880
property. Um,
>> is the fence right on the the edge of

697
00:55:31,359 --> 00:55:43,119
the landfill? Do you know that?
>> Um, so it would be just outside of where

698
00:55:39,760 --> 00:55:46,960
the engineers drew on the map where the
limits of the landfill is

699
00:55:45,200 --> 00:55:50,960
» and the fence runs right alongside that
somewhere. It's pretty close.

700
00:55:48,640 --> 00:55:55,520
» We don't have those maps with us, but so
the the actual limits of the landfill is

701
00:55:53,520 --> 00:55:59,839
more shaped like a kidney bean.
>> Mhm. [clears throat] It's it's rounded

702
00:55:57,280 --> 00:56:06,640
kind of bigger towards the elk side,
gets narrower as it heads away from the

703
00:56:01,760 --> 00:56:12,160
elks. Um that fence line runs kind of
along that edge.

704
00:56:08,559 --> 00:56:14,240
» Okay. Cuz if it I guess my my my
thinking is

705
00:56:12,640 --> 00:56:18,960
» there's not much of that f when you get
down to the timber. There's not much of

706
00:56:16,079 --> 00:56:25,680
that fence left. If the fence line is
pretty close to what would have been the

707
00:56:21,760 --> 00:56:29,440
property line or the the landfill line,
chance of us having a monitoring well

708
00:56:27,599 --> 00:56:33,520
right at the edge of the property versus
in somewhere in the middle of the

709
00:56:30,559 --> 00:56:37,599
property or there wouldn't have been
quite as much landfill [snorts] on the

710
00:56:35,680 --> 00:56:41,440
edge. I think about like a field out,
you know, you've always got the grass on

711
00:56:39,760 --> 00:56:46,559
the very outside of the field. It's more
solid than you get 30 feet, 70 yards

712
00:56:44,640 --> 00:56:53,680
into the field. Now you've got pretty
substantial I would think the landfill.

713
00:56:49,599 --> 00:56:58,400
» So I guess as a liability things it our
our chances of having an issue if he if

714
00:56:56,319 --> 00:57:00,960
we do right next to the fence I would
think would be less than if we had him

715
00:56:59,920 --> 00:57:05,280
go right across the middle of the
landfill.

716
00:57:03,599 --> 00:57:08,720
» Well I totally agree with you. I was
going to make that point here shortly. I

717
00:57:07,680 --> 00:57:13,599
was going to ask questions about
setbacks and stuff because it clearly

718
00:57:10,240 --> 00:57:20,559
was a border at some point and so would
there have been dangerous landfill on on

719
00:57:17,839 --> 00:57:24,400
a property line on a border or were
there setups?

720
00:57:21,680 --> 00:57:27,599
» So so generally when they there are
monitoring wells that kind of run down

721
00:57:26,079 --> 00:57:31,040
that fence line
>> the north fence line

722
00:57:29,119 --> 00:57:35,200
» the north. So if it if you're looking at
the property it's like an L shape right

723
00:57:32,880 --> 00:57:40,400
there. Now we're 20th [snorts] Streets
right here. This is the Elks. This is

724
00:57:37,359 --> 00:57:46,400
the city property and that fence is an
L-shape up at the top of it. Um, so the

725
00:57:43,920 --> 00:57:51,040
the limits of where
they would show on that map would be

726
00:57:48,319 --> 00:57:54,960
like the extent of the cap
>> which would go out which would go

727
00:57:52,559 --> 00:57:58,720
outside the limits of the where they
actually buried the trash.

728
00:57:56,799 --> 00:58:05,200
» I can't tell you how far because that
that was closed in like 70 I want to say

729
00:58:02,000 --> 00:58:10,000
78 79 somewhere in that neighborhood.
Then they then there's a 30-year

730
00:58:06,720 --> 00:58:15,119
postclosure requirement. And so all of
this they did they did a regrading in

731
00:58:11,839 --> 00:58:19,599
around 2003 where they put some drainage
line or not lines but some rock and some

732
00:58:18,079 --> 00:58:25,760
drainage areas in to let the water run
from off the cap down to Soap Creek. Um

733
00:58:23,680 --> 00:58:29,440
the wells generally are placed [snorts]
more towards the outside because they're

734
00:58:27,280 --> 00:58:33,599
they're trying to monitor the water
coming out that would come out of the

735
00:58:31,359 --> 00:58:37,440
landfill. And then some of some of them
are also gas monitoring wells for the

736
00:58:35,839 --> 00:58:40,319
like methane and that kind of stuff that
that generates

737
00:58:38,079 --> 00:58:43,280
» the cap if I read this correctly is like
four to five feet

738
00:58:41,520 --> 00:58:47,160
» thick. Yeah.
>> Should be

739
00:58:43,920 --> 00:58:47,160
» should be

740
00:58:49,119 --> 00:58:55,440
last
>> uh 200

741
00:58:53,280 --> 00:59:00,720
» 2008 or something what I saw in here.
>> Yeah, there's a report from

742
00:58:58,880 --> 00:59:02,000
» Yeah. monitoring. So they had to do they
did a

743
00:59:01,440 --> 00:59:06,240
» 2008
>> they monitored them in the early 2000s

744
00:59:04,240 --> 00:59:12,720
and then they [snorts]
>> they capped them. I believe they filled

745
00:59:08,720 --> 00:59:17,839
them and capped them around 2008.
>> So the the physical you could see where

746
00:59:15,359 --> 00:59:23,319
they were but they they filled the the
well down to the to where they were

747
00:59:20,000 --> 00:59:23,319
doing the monitoring.

748
00:59:26,480 --> 00:59:29,480
contained

749
00:59:41,680 --> 00:59:44,680
so

750
00:59:45,599 --> 00:59:55,440
really the only and this the only
expense that we would incur as a city um

751
00:59:52,079 --> 01:00:02,319
like Pam was talking about we would have
to move where we've got that gated

752
00:59:59,839 --> 01:00:08,160
down at the B closer to the intersection
of Lincoln and 20th. We'd have to move

753
01:00:04,559 --> 01:00:13,760
our gate um back up to up up off of the
road right away to our property and

754
01:00:11,040 --> 01:00:16,559
probably install some fencing
um to

755
01:00:14,319 --> 01:00:20,079
» What are you thinking costwise?
>> I have I haven't looked into it to

756
01:00:18,799 --> 01:00:23,119
» You're not You're not talking of moving
a lot though. Is that

757
01:00:21,520 --> 01:00:28,160
» And we we probably would want to look
into actually

758
01:00:25,200 --> 01:00:32,160
with some of the issues that we do get
reported out there from people like

759
01:00:29,599 --> 01:00:36,160
sneaking through the cemetery,
maybe having fun or whatever out there

760
01:00:33,920 --> 01:00:40,799
on the on the actually on the cap where
that would be at. Um, I'd probably look

761
01:00:39,040 --> 01:00:45,119
at putting a fence down along that and
just fencing in our sanitation and our

762
01:00:42,559 --> 01:00:49,839
stock piles are also our street
department oil tanks are out there that

763
01:00:46,720 --> 01:00:54,079
they use for when they oil and seal the
streets. Um, we just want to look at

764
01:00:52,400 --> 01:00:56,880
making that more secure if we had to
move that fence.

765
01:00:55,599 --> 01:01:03,040
» Well, that'd be a time to do it. Begin
to do it. Yeah.

766
01:00:59,119 --> 01:01:06,799
» So, would it be a possibility to sell
Mr. Meritts a strip of land?

767
01:01:05,680 --> 01:01:11,520
» That was my next
>> a small I mean, just something that

768
01:01:08,480 --> 01:01:15,680
would be able to get him back there that
would abut the property line.

769
01:01:13,280 --> 01:01:20,240
» I guess the city wouldn't be liable for
>> question for you. Is that something we

770
01:01:17,760 --> 01:01:26,559
could potentially plat out and just sell
him 20 25 ft widthwise the length of

771
01:01:24,160 --> 01:01:29,839
that and it would be his property?
>> I think you can as long as you've made

772
01:01:28,400 --> 01:01:35,599
sure that you've cleared your issues
with uh DNR and

773
01:01:32,799 --> 01:01:39,359
» you know separation from the landfill
>> because we don't lose that liability

774
01:01:37,359 --> 01:01:44,000
with [clears throat]
>> that's why because even if we sell it if

775
01:01:41,680 --> 01:01:46,559
it was had the landfill under it we
still have that. Well, we'd have to

776
01:01:45,280 --> 01:01:50,319
obviously get that all approved through
the state. So,

777
01:01:48,319 --> 01:01:52,559
» well, Clint Klinger, they they contacted
the DNR. They just

778
01:01:52,079 --> 01:01:58,400
» waiting
>> left a message and they're waiting for

779
01:01:53,839 --> 01:02:02,880
the um return phone call from them on on
the cans and can'ts just because it is a

780
01:02:00,559 --> 01:02:05,520
landfill and I realize the easement is
going to run is going to skirt the

781
01:02:04,240 --> 01:02:10,960
bottom end of that with probably where
there isn't any trash, but we just we're

782
01:02:08,319 --> 01:02:15,520
just trying to cover our bases. And it
looks like I mean the concern here is

783
01:02:12,480 --> 01:02:20,640
that it was a landfill hazardous stuff
and this no matter if we sell it, if we

784
01:02:17,839 --> 01:02:23,520
you know we're still going to be liable
for anything any actions that happen on

785
01:02:23,119 --> 01:02:27,839
that
>> and depend on depending on which route

786
01:02:25,760 --> 01:02:32,319
we go
with the easement will make a little bit

787
01:02:30,400 --> 01:02:35,440
of a difference too. I think that's
actually going to be

788
01:02:33,040 --> 01:02:39,359
» I think I think what Deon's trying to
say and we need to make note that no

789
01:02:37,440 --> 01:02:44,240
matter what we sell if part of it has
anything to do with the landfill we will

790
01:02:41,520 --> 01:02:48,079
be liable always even though we've sold
it to somebody else and we need to

791
01:02:45,680 --> 01:02:52,480
understand that because we've been and
then we also need to remember that we

792
01:02:49,920 --> 01:02:56,240
have a letter from our city attorney and
we have another letter that are advising

793
01:02:54,319 --> 01:03:02,400
us not to sell part of the land I mean
not to you to go across the landfill now

794
01:02:59,200 --> 01:03:07,359
to sell it I I Don't know if that's the
way it would happen or not, but we have

795
01:03:04,079 --> 01:03:13,599
to remember that no matter what happens,
we would be liable no matter who owns it

796
01:03:10,559 --> 01:03:19,359
because we originally had the landfill.
>> And you know, our liabil we we yes, we

797
01:03:15,920 --> 01:03:24,240
would still be liable. Our liability
becomes a lot less if you're not going

798
01:03:21,760 --> 01:03:26,880
across the middle of the landfill as
opposed to

799
01:03:25,119 --> 01:03:31,720
» any more liability than any other
street, park, or anything else to

800
01:03:36,728 --> 01:03:42,559
» [cough]
>> Well, Mr. Merz, this has to do with the

801
01:03:40,640 --> 01:03:45,200
EPA and the DNR, too, and that makes a
difference. It does.

802
01:03:43,920 --> 01:03:49,359
» Could I approach and make
>> Yes, you can.

803
01:03:46,079 --> 01:03:53,200
» I appreciate it. Um, and I I just wanted
to speak on what y'all are discussing. I

804
01:03:51,359 --> 01:03:58,799
have a few comments I'd like to make.
First of all, I just want to express

805
01:03:54,960 --> 01:04:03,280
support in this easement being uh given
to Mr. Merittz. Um, and I think

806
01:04:01,760 --> 01:04:06,799
Brackenberries who are neighbors out
there as well are staying here in

807
01:04:05,359 --> 01:04:12,559
support of Mr. Merritt's getting that
easement. Secondly, one point that I'd

808
01:04:09,839 --> 01:04:18,960
like to bring up, um, depending on where
the lines fall with the land swap that

809
01:04:15,760 --> 01:04:24,799
was, uh, handshaken and not recorded
with the Elks and the city. Um, what

810
01:04:22,319 --> 01:04:31,520
we're proposing, I believe, is going to
fall directly on what is currently the

811
01:04:28,000 --> 01:04:36,960
Elks property that the city agreed to
trade and what is currently golf course

812
01:04:34,559 --> 01:04:41,920
that is currently in the city's
ownership, if that makes sense. So,

813
01:04:39,839 --> 01:04:44,720
right now, it would be hugging a cart
path and a T- box that's on the golf

814
01:04:43,520 --> 01:04:50,559
course that belongs to the city
currently on the books. and the other

815
01:04:48,000 --> 01:04:55,280
portion of that easement would go across
property that the city has handshaken

816
01:04:52,640 --> 01:05:00,000
that they would give to the Elks. So, um
and then the third thing I wanted to say

817
01:04:56,880 --> 01:05:06,160
on liability, um I don't know if it's
different or not. Um I'm not sure where

818
01:05:03,280 --> 01:05:09,760
you're getting the who's telling you
that you would be liable no matter what.

819
01:05:07,920 --> 01:05:15,280
And maybe it's different with dumps. I
did purchase a property in town a few

820
01:05:11,359 --> 01:05:19,839
years ago um that the DNR had monitoring
wells. It had fuel leakage. It was

821
01:05:17,599 --> 01:05:24,640
contaminated. All the red flags were
there. All I had to do was sign

822
01:05:22,880 --> 01:05:27,839
consenting that I understood my
liability with that property and that I

823
01:05:26,319 --> 01:05:31,920
couldn't build, couldn't disturb the
ground, so on and so forth. So, there

824
01:05:29,599 --> 01:05:35,839
was stuff there was extenduating
paperwork that I had to acknowledge and

825
01:05:33,839 --> 01:05:39,280
sign when it was sold to me, but the
previous owner held no liability after I

826
01:05:37,839 --> 01:05:44,079
bought it. Maybe different with dumps,
but I just worth pointing out. Um, so

827
01:05:42,490 --> 01:05:48,960
[snorts] anyways, I just wanted to make
those points. I don't think we're

828
01:05:45,599 --> 01:05:53,119
talking about an easement anywhere that
you haven't already agreed to trade with

829
01:05:51,359 --> 01:05:59,760
the golf course or that is yours
currently and is golf course. And then

830
01:05:55,520 --> 01:06:04,319
secondly, um liability from selling it
or otherwise. I'm sure you could

831
01:06:02,000 --> 01:06:09,039
navigate that uh if you got with the
proper channels with the DNR, with the

832
01:06:06,640 --> 01:06:11,520
EPA. So, thank you. Thanks for hearing
me.

833
01:06:09,599 --> 01:06:13,839
» So, Brian, I'd like you to talk about
where you're at with the golf course

834
01:06:13,440 --> 01:06:20,880
hunting.
>> Yeah. So, uh, back in 2010,

835
01:06:18,400 --> 01:06:25,680
the city did enter into an agreement
with the Elks. It did go before the

836
01:06:23,359 --> 01:06:30,480
council. It was approved. Uh, the
surveys were completed, the plats were

837
01:06:27,760 --> 01:06:37,039
drawn, and somewhere along the lines,
those never got filed. Um, I did meet

838
01:06:33,760 --> 01:06:41,760
with the Elks a week ago, and we re we
revisit it because no one on the current

839
01:06:39,200 --> 01:06:46,160
Elks board was on the Elks board in
2010. Um they are obviously still in

840
01:06:44,640 --> 01:06:51,200
favor in that because currently we own
the T- box on number seven. It's on city

841
01:06:49,200 --> 01:06:57,520
property. Um they would like that to be
on their property. So um the process

842
01:06:55,839 --> 01:07:00,400
right now is we're going to get those
plats to our city attorney. They're

843
01:06:59,280 --> 01:07:05,920
going they're going to go through the
land swap process getting the abstracts

844
01:07:03,119 --> 01:07:11,440
updated and all that kind of thing. I'm
assuming that will probably just

845
01:07:09,680 --> 01:07:17,680
just because of time probably take about
a month. Um but then there has been also

846
01:07:15,440 --> 01:07:20,640
an easement surveyed in that same time
frame [cough] that does run

847
01:07:19,431 --> 01:07:27,280
[clears throat] across the property that
is currently the Elks which will be the

848
01:07:23,599 --> 01:07:33,280
cities. Um which that top portion of
that is way away from the landfill. It's

849
01:07:30,880 --> 01:07:38,319
just when you come down the diagonal
that it would get close on the bottom

850
01:07:35,680 --> 01:07:41,920
end. But since then, Mr. Morris says
that he he will give an easement across

851
01:07:39,839 --> 01:07:45,839
his property which will keep us
everything well away from the landfill.

852
01:07:43,760 --> 01:07:49,200
» Yeah. The T- box he just mentioned that
that's the city's property currently.

853
01:07:47,760 --> 01:07:51,200
That's the easement would go right next
to that T- box just right down the

854
01:07:50,640 --> 01:07:56,160
ditch.
>> Yep.

855
01:07:53,520 --> 01:07:58,799
So you potentially do have a way to do
an easement that didn't cross over the

856
01:07:58,400 --> 01:08:02,160
former.
>> Well, now we do since since

857
01:08:00,319 --> 01:08:05,760
» So I mean that's that's something that
can avoid that issue

858
01:08:03,680 --> 01:08:10,079
» because there's gravel roads. But
>> given that you vacated and or disposing,

859
01:08:08,400 --> 01:08:15,760
I think that's what was passed earlier.
So [cough] and given that Mr. Barretts

860
01:08:13,359 --> 01:08:17,600
would be happy with it, I I'm I'm good
with that.

861
01:08:16,159 --> 01:08:22,640
» So that that easement plat that we had
done will have to be modified a little

862
01:08:20,000 --> 01:08:27,600
bit because of that. But and then we we
can talk to Mr. Merritt about the width.

863
01:08:24,319 --> 01:08:31,040
Right now I think it's drawn at 50 ft.
>> I believe

864
01:08:28,239 --> 01:08:33,359
» it's on it's in the packet here. See if
I can.

865
01:08:31,359 --> 01:08:38,319
» And just to be that guy cuz I am when
you're talking liability uh if you if

866
01:08:35,759 --> 01:08:43,359
you're going to handshake and trade the
Elks a triangle for a triangle, are you

867
01:08:42,000 --> 01:08:47,440
going to still have the liability for
the triangle you're giving them? And

868
01:08:45,600 --> 01:08:50,400
there obviously is no city liability on
the triangle you're going to be

869
01:08:48,640 --> 01:08:54,080
receiving. So half of what we're talking
about for sure there's no liability with

870
01:08:52,799 --> 01:08:57,600
the city because you don't own it on
paper yet. The other half you're willing

871
01:08:56,159 --> 01:09:01,359
to give it away to the Elks. So why not
give an easement to Mr. Merits?

872
01:08:59,279 --> 01:09:04,719
» It actually was not on the handshake.
I've got all the documentation.

873
01:09:02,880 --> 01:09:08,480
» It wasn't it was formally approved.
>> Furbage. It matters.

874
01:09:06,799 --> 01:09:10,719
» It was
>> but it was it wasn't it was approved by

875
01:09:10,319 --> 01:09:14,000
the
>> It was formally approved by the council.

876
01:09:12,719 --> 01:09:17,759
» So it just wasn't finished.
>> Just wasn't recorded, I don't think. So,

877
01:09:15,920 --> 01:09:23,279
I just I just want to clarify the way
this conversation has gone here is that

878
01:09:20,159 --> 01:09:28,080
it seems like there is an option that's
being discussed right now. We need to

879
01:09:24,960 --> 01:09:32,640
get some paperwork done and get some um
property lines adjusted to reflect

880
01:09:30,400 --> 01:09:39,359
paperwork. But then once that is
completed, there's a way that does not

881
01:09:35,120 --> 01:09:44,239
involve going by or on the landfill that
achieves the outcomes that all the

882
01:09:42,000 --> 01:09:49,600
parties want as their desire tonight. Is
am I correct in that interpretation?

883
01:09:46,319 --> 01:09:52,000
» You are. If Mr. Morris gives um Mr.
Merits an easement,

884
01:09:50,640 --> 01:09:54,880
» you would want the transfer to get
finished with the

885
01:09:53,279 --> 01:09:59,360
» we would have to get the property
transfer with the elks finished

886
01:09:56,719 --> 01:10:03,679
» and you would want any sort of this
what's happened with this discussion.

887
01:10:00,800 --> 01:10:07,120
You'd want all parties having the the
easements make sure they're coordinated

888
01:10:05,280 --> 01:10:10,880
so that you know that you have a full
access being part of that package.

889
01:10:08,719 --> 01:10:14,159
» Correct.
So the property transfer would have to

890
01:10:12,400 --> 01:10:17,760
happen before we can give an easement ac
across the property because right as of

891
01:10:16,000 --> 01:10:23,360
right now we don't own that.
>> Then an easement recording for each

892
01:10:19,600 --> 01:10:26,159
parcel that's included then. Yeah.
>> One other thing worth mentioning because

893
01:10:24,800 --> 01:10:30,693
it'll probably get brought up to you all
at some point. The the 20th Street he

894
01:10:28,640 --> 01:10:34,159
mentioned that's gated currently
[snorts] there there's probably going to

895
01:10:32,080 --> 01:10:38,880
be individuals in charge or that work
out there that have a problem with

896
01:10:36,159 --> 01:10:41,920
moving that gate. But currently on the
books that's a public street so the gate

897
01:10:40,560 --> 01:10:46,480
really shouldn't be there to begin with
but just preparing that that's going to

898
01:10:44,000 --> 01:10:52,239
come up.
>> So it sounds like um there's sort of a

899
01:10:48,800 --> 01:10:57,679
solution that we are looking into and um
thank you for your offer and Mr. Meritz

900
01:10:54,719 --> 01:11:03,040
we are more than happy to try to get you
to that piece of property the easiest

901
01:10:59,360 --> 01:11:07,840
way we can. Um I know Pam and Brian are
going to work on it and um they'll be

902
01:11:05,280 --> 01:11:11,760
getting back to you, right guys?
getting a hold of you.

903
01:11:09,040 --> 01:11:16,960
» Yep. We'll get um the documentation as
far as everything that we can find um to

904
01:11:14,719 --> 01:11:22,159
make sure everything's good and get
that. Jim is um I think out of town at

905
01:11:20,640 --> 01:11:25,679
the moment, but as soon as he gets back
in, we'll have him start um in the

906
01:11:25,120 --> 01:11:31,920
process.
>> Okay. And and again, um thank you for

907
01:11:29,600 --> 01:11:35,840
your suggestion. Thanks Pam and Brian
for all that. And thanks, Mr. Merittz,

908
01:11:33,440 --> 01:11:39,920
for being patient. I know it's not easy,
but thank you very much. And with all

909
01:11:38,400 --> 01:11:43,960
that being said, if there's nothing else
to say, let's go home, guys.