[0:01] I'd like to call to order the city
council meeting December 4th, 2025, 501
[0:07] Main Street at 5:30 p.m. Can we stand
for the pledge of allegiance?
[0:14] » I pledge algiance to the flag of the
United States of America and to the
[0:20] republic for which it stands, one nation
under God, indivisible, with liberty and
[0:27] justice for all.
May I have a roll call?
[0:33] Crunchaw
>> here.
[0:34] » Walker
Mullen
[0:37] » here.
>> Kley
[0:39] » here.
>> Dade
[0:40] » here.
>> Andrews
[0:42] » here.
>> Tilman
[0:44] Bryant.
>> Greenwald
[0:47] » here.
>> Six present, three absent.
[0:53] Item number four, mayor's
correspondence. So, just to let you
[0:57] know, if you don't have anything to do
this weekend, here's a whole list. So,
[1:01] here we go real quick. Um, Friday,
December 4th, Main Street um, Kia Cucks
[1:06] Incorporated's annual putting on the
glitz from 4:00 to 9:00 p.m. Come
[1:11] support your local businesses, listen to
the carolers and mame band. Ride the
[1:15] Holly Jolly Trolley, sing karaoke, and
eat and drink on our main street. Uh,
[1:20] don't forget to stop at the Kiaippi
Center, which is our old um River City
[1:25] Mall. Listen to the live musicians,
drink hot chocolate, check out the
[1:29] vendors and the food trucks. Lake Cooper
Foundation will be having a craft and
[1:32] vendor show at 10 uh 8:10 Main Street.
Toys for Tots will be collecting
[1:38] unwrapped toys at the entrance to the
Chris City of Christmas from 5 to 8:00
[1:43] PM. El Trains is having their glitz with
music from Brandon Lawson and a first
[1:48] look at their new arcade setup. And the
Great River Players present the best
[1:53] Christmas pageant ever at 7:30 p.m. at
17th South 6th Street and Saturday,
[2:00] December 5th. Um, there is a grief
support uh group from 11:00 to noon at
[2:06] the Kiaak Public Library. The Great
River Players will present the best
[2:10] Christmas pageant ever at 7:30 p.m.
again on Saturday night on 17th South
[2:16] 6th Street and Music by Six Streams Down
at Sweet Sally starting at 8:00 p.m. And
[2:20] then Sunday, December 6th, the Great
River Players present the best Christmas
[2:25] pageant ever at 2:00 p.m. that
afternoon. And it's family fun day at
[2:29] the Horner YMCA from 2 to 4 PM. It's $10
per family for members and $15 per
[2:36] family for non-members. They have cookie
decorating, bouncy houses, games, and an
[2:40] indoor snowball fight. So, if you don't
have anything to do this weekend, here's
[2:45] a whole bunch of stuff and I hope you
attend it all as much as you can. Um
[2:49] item number five is citizens request.
And with citizens request, if anybody
[2:54] has anything that they would like to
speak about, please come to the uh
[2:58] podium, state your name, your address.
You have two to three minutes. And um
[3:04] there's anybody there who wants to go
first.
[3:34] Good [snorts] evening. Uh my name is Jim
Rer. uh live at 212 Washington Street
[3:39] and I'm uh approximately a year ago I I
brought up a question of snow removal at
[3:46] the intersections where the streets and
sidewalks meet and the gentleman was
[3:52] adamant that the city went through with
an inloader and cleared the snow from
[3:55] the intersections where the streets and
sidewalks meet. That is not correct. I
[4:00] have pictures on my phone. I took them
today. Uh
[4:04] vast majority of the intersections in
town are not cleared. The one right
[4:07] across right this intersection right
here is not clear. Uh whose
[4:11] responsibility is it to clear the snow
the snow plows leave at the
[4:15] intersections that block access to the
sidewalks.
[4:21] » It is a street department right
responsibility to clear the street the
[4:26] intersections
>> the the street portion of the
[4:28] intersections.
>> Yes the street portion of the
[4:30] intersections.
>> Well okay then it's not getting done.
[4:34] The streets are not clear in the inter
the where the street meets the sidewalk,
[4:38] the snow plows leave the burm there when
they plow, that burm is still there,
[4:43] preventing people from access and going
without having to trudge through a mound
[4:50] of snow. They're blocking access to the
sidewalks.
[4:54] Look at this intersection right here. We
can walk outside and look at it right
[4:58] now if you want.
And it's the snow that the snow plows
[5:01] leave in the street preventing access to
the sidewalk as you cross the
[5:06] intersections. I do it with this. I'm
the exception. No other motorized vehic
[5:12] wheelchair in town can m stay on the
sidewalks. They can't do it.
[5:18] It's the city's snow. Should be the
city's responsibility to maintain the
[5:22] intersections clear for dedic.
And it's not getting done. hasn't been
[5:28] done the seven years I've been in a
wheelchair.
[5:32] So, I don't know how difficult it is to
move snow four feet.
[5:40] Most I I I think that um we've had an
extremely large amount of snow this
[5:45] time. So, I think that um what we'll
have to do is have a conversation with
[5:48] the street department and see if we
can't um get a little better
[5:52] understanding of which way we need to go
there.
[5:53] » Well, they've had four working days to
get it done and has done
[5:56] » I understand that.
I understand that, sir. And again, we'll
[5:59] have a conversation and see what we can
do to get it better.
[6:02] » This this wheelchair can't access the
sidewalks in this town.
[6:05] » And if I can't do it, who can't? I
>> I understand that.
[6:09] » I understand that, sir. And I will have
a conversation myself personally
[6:12] tomorrow with the street department.
>> Thank you, ma'am.
[6:14] » Thank you.
[6:23] Anybody
[6:35] else?
So, now we're going to do what's the fun
[6:39] part about this job. One of the fun
parts anyway is um we're going to do
[6:42] some swearing in of a couple of our
police officers. So, um let's I'll come
[6:48] down there and we'll get started.
[6:55] » [clears throat]
>> Who wants to go first?
[7:07] » Is it age before beauty or seniority
before less seniority?
[7:12] » We'll let you make that interpretation.
>> Okay,
[7:18] there you go.
If you would raise your right hand. I
[7:23] way Johnson do solemnly swear that I
will support the Constitution of the
[7:27] United States.
>> I Johnson do solemnly swear I will
[7:30] support the Constitution of the United
States
[7:32] » and of the State of Iowa
>> and the State of Iowa.
[7:35] » And I will honestly demean myself in
office. I will honestly demean myself in
[7:39] office
>> and faithfully and impartially
[7:42] » faithfully and impartially
>> discharge the duties of sergeant
[7:45] » discharge the duties of sergeant
>> of the city of Kekak
[7:48] » for the city of Kikak
>> to the best of my knowledge and ability
[7:51] » to the best of my knowledge and ability
>> and in accordance with the laws of the
[7:54] state of Iowa
>> in accordance with the laws of the state
[7:56] of Iowa
>> and ordinance of said city
[7:58] » and ordinances of said city.
>> So help me God.
[8:01] » So help me God.
>> Thank you.
[8:03] » Thank you.
>> [applause]
[8:16] » Your turn.
>> All right. [clears throat]
[8:20] » Raise your right hand.
[8:24] » I, Patrick Haw, do solemnly swear that I
will support the Constitution of the
[8:28] United States. I, Patrick Hall, do
solemnly swear that I will support the
[8:33] uh Constitution of the United States
>> in the state of Iowa
[8:36] » in the state of Iowa
>> and that I and that and I will honestly
[8:40] demean myself in office
>> and that I will honestly demean myself
[8:43] in office
>> and faithfully and impartially discharge
[8:46] the duties of captain
>> and faithfully and impartially discharge
[8:49] the duties of captain
>> of the city of Kak
[8:51] » of the city of Kekak
>> to the best of my knowledge and ability
[8:54] » to the best of my knowledge and ability
>> and in accordance with the laws of the
[8:58] state of Iowa
>> and in accordance with the laws of the
[9:00] state of Iowa
>> and ordinance of said city
[9:03] » and ordinances of said city.
>> So help me God.
[9:06] » So help me God.
>> Thank you.
[9:08] » Yep. Thank you. [applause]
[9:32] So everybody, when it's cold outside and
things are going crazy, remember those
[9:36] gentlemen right there are protecting our
streets and our families. And thank you
[9:40] very much, guys.
Item number six,
[9:46] consent agenda. Minutes of our regular
city council meeting and council
[9:50] workshop on November 20th, 2025.
Appointment of Peggy Moss to the
[9:54] Historic Preservation Commission. Term
to expire September 1st, 2028.
[10:00] Appointment of Dan Tilman to the board
of adjustment fulfilling a term to
[10:03] expire April 1st, 2029.
I need a motion to pay the bills and
[10:08] transfers listed in registers number
5510 through 5512.
[10:15] Do I have a motion to approve?
>> So moved.
[10:19] » Second.
>> Any discussion?
[10:22] All those in favor say I.
>> I.
[10:25] » All opposed. Motion passes.
Item number seven.
[10:32] Now is the time and place for a public
hearing awarding a contract for Main
[10:35] Street and South Seven Street traffic
signal. A public hearing notice was
[10:40] published in the Daily Gate City on
November 25th, 2025. I am opening the
[10:45] public hearing at 5:41.
[10:54] Do we have any comments or any
discussion?
[11:00] Any further discussion,
city clerk? Any written comments or
[11:05] objections have been received? There
being no further comments or objections
[11:10] on this matter, I will close a public
hearing at 5:41.
[11:15] Item B, consider resolution awarding a
contract for Main Street and North 7th
[11:20] Street traffic signal replacement. I
need a motion to approve.
[11:24] » So moved.
>> Second.
[11:27] Two bids were received on Tuesday,
November 25th, 2025 at 11:00 a.m. for
[11:32] the replacement of the traffic signal at
North 7th Street and Main Street. The
[11:36] low bidder was Klein Electric of De
Moines's Iowa in the amount of $83,785.
[11:43] It is therefore recommended that this
council approve a contract with Klein
[11:48] Electric of De Moines's Iowa to replace
a traffic signal at North 7th Street and
[11:53] Main Street for the total cost of
$83,785.
[11:59] Do I have any discussion?
>> This is all covered with insurance
[12:03] money.
[12:06] » Yes,
>> I had that exact same question. And then
[12:10] this is from when the truck damaged it.
correctly. Correct. That intersection.
[12:15] Okay.
>> Thank you.
[12:17] » So, Brian, you were saying that you have
worked with this insurance company over
[12:21] the course of the last year and a half
or so since the original accident.
[12:25] » Yes, we've had correspondence,
[12:30] but Yes.
>> And and they paid for the original
[12:32] lighting that the temp lighting that's
in there now.
[12:35] » Yep.
>> And and so they've they've seemed to do
[12:38] be very have been proactive and have
followed through up to now.
[12:42] » Okay. I don't have a guarantee about
what happens in the future, but they it
[12:45] they've recognized and are working under
the assumption it's their
[12:49] responsibility.
>> Okay.
[12:53] » Any more discussion?
>> Can you state who the other bid was from
[12:57] and how much it was?
>> Um, it was from Kyoka Contractors. I
[13:02] don't have the exact amount, but it was
in the neighborhood of
[13:05] » It's 101,900.
It's in the council packet.
[13:08] » Okay. And just a reminder for folks if
you're looking Does this get posted on
[13:13] the city's website?
[13:17] » Oh, maybe I shouldn't have said that. I
was going to say I was thinking that
[13:21] council all gets it, but anyway, it's
$101,900.
[13:25] » Thank you.
[13:29] » Any more discussion? All those in favor
say I.
[13:33] » I.
>> All opposed.
[13:35] Item number eight, consider resolution
acknowledging the canvas of votes for
[13:40] the 2025 municipal election held
November 4th, 20125. Do I have a motion
[13:45] to approve?
>> So moved.
[13:48] » Second.
>> Any discussion?
[13:52] Official election results from the Lee
County Board of Supervisors are enclosed
[13:56] and are being presented to the city
council for acknowledgement. Staff
[13:59] recommends approval.
[14:04] All those in favor say I. I.
>> I.
[14:07] » All opposed.
Item number nine, consider resolution
[14:11] approving municipal advisory services
agreement with Piper Sandler. I need a
[14:16] motion to approve.
>> So moved.
[14:19] » Second.
The city is in the design phase for
[14:23] timia street reconstruction with
associated water line replacement and
[14:28] storm water separation components
intended to be included. We have
[14:32] previously applied for the state
revolving fund SRF loan funding to cover
[14:37] the storm water separation components
designed to assist in meeting combined
[14:42] sewer overflow cso eliminations in this
area of the community. As we move
[14:48] forward in the loan process, we will
need financial consultant assistance in
[14:53] the loan design and repayment design
process. The cost of these services is
[14:58] intended to be incorporated in the SRF
loan amount. Staff recommends approval.
[15:04] Do I have any discussion?
[15:11] So, with this item, um, with doing this
the SRF financing, it's about $4.7
[15:19] million that were,
uh, that we submitted for the intended
[15:24] use plan for the the maximum amount that
we would be borrowing. The compensation
[15:30] is listed in here. It would be2%.
which [snorts] comes to if it is that
[15:37] $4.7 million would be about $9,400.
It would end up being wrapped up into
[15:42] the SRF loan. Um this state revolving
fund loan. Um, we are anticipating going
[15:48] after uh CDBG funds for 500,000
as and we I think we have the
[15:56] eligibility for a separate $500,000
grant that we're we'll apply for next
[16:02] fall as well in this on this project.
Both of those would help to reduce the
[16:07] SRF portion the sewer port storm sewer
portion of the overall project costs.
[16:14] Um, and I did want to note on the
previous agenda item, I assume all the
[16:20] uh people who are being prospected
people to to take office January 1 uh
[16:26] have been contacted about we're looking
to do swearing in when on those
[16:31] positions.
>> December 18th, the next meeting,
[16:35] » next council meeting, except I think for
your position, you're going to wait
[16:40] until the January 5th. I have to wait
till January um 5th meeting.
[16:44] » So for folks who are looking to follow
along as those uh swearing in ceremonies
[16:49] take place. So that'll occur at the next
two council meetings.
[16:54] » Any more discussion on the um Piper
Sandler agreement?
[16:59] Any questions?
All those in favor say I.
[17:03] » I.
>> All opposed.
[17:05] Item [clears throat] number 10, consider
resolution approving replacement of the
[17:10] air conditioner system at the Grand
Theater. I need a motion to approve.
[17:14] » So moved.
>> Enclosing your packet is a request from
[17:18] the Grand Theater for the assistance in
funding a muchneeded air conditioning
[17:23] system replacement. They lost the
ability to cool the facility near the
[17:27] end of the cooling season and are
desiring to have the repairs occur
[17:31] before it warms up in the spring.
They're anticipating performing the work
[17:35] in March if possible. The grand theater
typically is self-supporting. Their
[17:40] budget in the general fund usually
around 500 around 50,000. Last year it
[17:46] was 85,000 with a large capital expense.
But their budget usage fees along with
[17:51] their with fundraising and private
donations offset these expenses. The
[17:56] expenditure on the air conditioning
system is more significantly
[18:00] is more significantly though with an
anticipated cost that could be close to
[18:05] 70,000 which is more than they think
they can raise in one year on their own.
[18:10] This was not an anticipated expenditure
but is driven by equipment failure. The
[18:15] Grand Theater Commission thinks they can
cover $40,000 of the cost, but will need
[18:22] additional funding to make up the
difference. If the council approves the
[18:25] expenditure, it would be out of general
fund dollars. If the council moves
[18:29] forward with this, there should be some
level in flexibility for how much it
[18:35] covers beyond the $40,000 raised by the
grand. I placed $30,000 in the
[18:41] resolution, but this could be amended if
you desired at this meeting. Staff
[18:46] recommends approval. Do I have any
discussion?
[18:53] I just have one question. Um, I see the
listing of a grand Theater Commission.
[18:59] I'm assuming that they do not have um,
oh, what do you call it? 501c3
[19:06] status. No, they're they're part of the
city.
[19:11] » Would that would that part of the city
then preclude them for applying for like
[19:17] the uh Lee County Foundation grants and
such?
[19:22] » Um I don't do those. Annette does those.
>> They would they would be eligible to
[19:28] apply for the community foundation
grants.
[19:32] » They would or would not. would would
Okay. Could we suggest that they perhaps
[19:39] pursue that route?
>> Yeah, we can. I don't know what the
[19:42] timing is on that.
>> February is I think it's I think the
[19:46] next cycle opens in February.
>> Yes.
[19:51] » They're hoping to have and and they can
certainly apply for it. They're hoping
[19:54] to have this done before the season
begins because it I mean as they ended
[19:59] this last season it was a little it was
>> it got a little stuffy in there.
[20:04] » Okay.
>> So is the verbiage on this or up to
[20:07] 30,000? So if they were able to acquire
more grants and donations then the city
[20:12] would be at a lower amount for its
portion. and and and maybe you should I
[20:18] mean I wrote wrote this on the
assumption that that we're saying
[20:21] they're uh responsible for the first
40,000 which is kind of what they had
[20:25] said that they they felt comfortable
being able to raise on their own and
[20:29] they do on an ongoing basis. They they
are very proactive about making sure we
[20:35] they don't have city money into their
operations. If you look at the net on a
[20:40] cash basis, it's within $1,000 or so in
any given year between what they raise
[20:45] and turn into the city and
[clears throat] what uh they expense
[20:50] through our through the city funds.
But yeah, that makes sense to apply for
[20:57] it wouldn't keep us from needing to do
the resolution. So they have a back
[21:01] stop,
>> right?
[21:04] » Any more discussion? So, our amount
could be not to exceed that 30,000,
[21:08] right? Okay.
>> That's what I put in there because I
[21:11] mean, we don't know what the actual cost
of the HVAC system will be. Um, we
[21:16] they've gotten an idea that it's going
to be in that 70,000 range, but they
[21:21] don't know plus or minus from that what
they'll get.
[21:25] And I and I didn't know if you wanted to
be more loose with what was in there or
[21:31] more strict. I just I just put that in
there so that you had some level of
[21:37] control over it. If you want it to be
more flexible, you could amend the
[21:40] wording of this.
>> Well, I think the up to 30,000 is uh is
[21:46] appropriate for, you know, if they're
looking at a total of 70ish for the
[21:51] project. And the grand is a gem in this
community. And I mean, the it needs to
[21:55] get done. They they can't operate in the
summer without it. and the harm that it
[22:00] would cause to the building to go a
season without cooling um would be
[22:04] astronomically more expensive than our
portion to keep the HVAC system
[22:09] operational.
[22:12] » Any more discussion?
All those in favor say I.
[22:16] » I.
>> I. All opposed.
[22:21] Item number 11,
consider resolution approving the
[22:25] purchase of the 2013 Ford F250
for the street department. I need a
[22:32] motion to approve.
>> So move.
[22:35] » Second.
>> The street department is need of a plow
[22:40] truck. The current 2001 Ford F250 needs
to be replaced to get us through the
[22:45] snow through the snow season. Carson
Ford of Carthage, Illinois has a 2013
[22:50] Ford F250 equipped with a plow. We
recommend purchasing this truck for
[22:56] $18,3670
[23:00] from Carson Ford as a replacement for
the abovementioned truck. Staff
[23:04] recommends approval. Do I have any
discussion?
[23:09] » I have a question. Did we request a
Carfax report for maintenance and number
[23:16] of owners for that vehicle?
>> No, we did not.
[23:25] » Any more discussion?
>> Are we trading in the vehicle we have
[23:30] now or are you
>> No, that the the 2001 is currently not
[23:34] running.
>> Okay.
[23:35] » Um, vehicle maintenance is going to try
to get it up and running. Um,
[23:41] actually the street department has two
vehicles that need replaced. Um, it just
[23:46] so happened when this one quit running,
uh, the, uh, street manager came to me
[23:51] and said that he had called Carson's and
this truck had just came in like Monday.
[23:58] So, uh, luckily it was already equipped
with the Western Snow Plow equipment on
[24:03] it. So, that was not going to be an
extra cost. But hopes are that this one
[24:08] gets us through the season before we we
be looking at purchasing a news one um
[24:13] next budget, next fiscal year.
>> So, we're going to try to fix the one
[24:18] that's not running
>> right now.
[24:20] » Yeah. I just um they don't know how uh
well it would perform with plowing snow
[24:26] along the streets anymore. Um, the
thought process if we if we get this one
[24:30] purchased and we can get the other one
running, we will move it out to the
[24:34] airport to replace the 1970 AIS truck
that that Raymond currently plows snow
[24:39] with. So then that way this that 01's
not out on the streets anymore.
[24:44] » Okay.
>> So we're buying this one to get us
[24:48] through this winter. I mean, we'll we'll
use it as long as as long as we can use
[24:53] it, but um the cost difference between
buying this used one at 18,000 and
[24:59] equipping a new um new one at 62,000 um
18,000 was a little more seemed a little
[25:06] more doable right now.
>> But when it comes time that
[25:09] [clears throat] we have the money or
whatever, do you
[25:12] » We're going to discuss that.
>> We can take this one and put take down
[25:15] to the airport and use it.
>> Yeah, we'll take the 01 to the airport
[25:18] and use it. And then during the budget
talks, we'll we'll discuss um actually
[25:23] purchasing a new plow truck for the
street department.
[25:31] » Any more discussion?
All those in favor say I.
[25:35] » I.
>> All opposed.
[25:38] Consider item number 12. Consider
resolution vacating and disposing for a
[25:44] sum certain of platted developed
undeveloped streets and alleys in
[25:49] Hawkeye edition Kak Iowa Lee County
Iowa. Do I have a motion to approve?
[25:56] » So move.
>> Second.
[26:00] The city and planning commission
reviewed the request to vacate all
[26:03] platted unimproved unimproved streets
and alleys adjacent in blocks 3 4 5 6 11
[26:11] 12 13 14 15 16 17 18 except for 20th
Street and Hickory Street in the Hawkeye
[26:18] edition. After hearing from the abuing
property owners that could be affected
[26:22] by the request, the planning commission
recommended to vacate all requested
[26:26] streets and alleys except for 25th
Street. Hickory 20th and 25th Street
[26:33] will remain platted public streets and
may be used for access to abudding
[26:37] property owners. Please note that
although these are platted streets, they
[26:42] have never been improved and will
require a considerable considerable
[26:46] amount of work to be usable. I am
waiting on a broker's price opinion
[26:53] considering a fair market value for this
property. I should have this document
[26:57] prior to the council meeting of December
4th, 2025.
[27:01] Recommendation is to vacate and dispose
of the requested platted public right of
[27:05] way.
I did um receive the broker's price
[27:11] opinion this afternoon um from Tammy
Panther for $10,000.
[27:21] » Any more discussion? We've um looked
this over and this is the correct way to
[27:30] do it and [clears throat] and not um it
does give access to to the piece of
[27:38] property that could be landlocked in
which we can't do but but we do have a
[27:44] way to get into that piece of property.
>> Yes,
[27:46] » Mr. Merits and um Breenberries both have
access to their property if needed.
[27:56] » Um it would go down Hickory Street. Um
then 20th
[28:02] that's um Do you have the maps there,
Steve?
[28:05] » Here it's right here. See these weren't
that wasn't vacated. Neither was that.
[28:10] And then one of these streets over here
24.
[28:13] » Yeah. Actually, I had a different map.
I'm not sure why it didn't get in there,
[28:17] but up here is 25th and that's Yeah,
that's not included in the vacation.
[28:22] » 25th isn't vacated. So, you have access
to this property back here, too.
[28:26] » But on the history, you're saying you're
going down.
[28:31] » Mhm.
>> Isn't this a ditch in between?
[28:40] As I stated in my memo, it's going to,
you know, it would take quite a bit of
[28:45] work to able, I mean, either way you go,
it's um 25th. It's going to take quite a
[28:52] bit of work to get um access to the
property for the Brackenberries and um
[28:57] it'll take quite a bit for Morris or um
[29:07] upper
get access to
[29:11] » it's still a ditch in 20th
>> still what
[29:15] » there it's still a ditch or a ravine in
20th
[29:19] » when you at the end of
>> Mhm.
[29:22] » Okay.
>> Yeah.
[29:24] I mean he can they can construct some
type of a
[29:29] » Mr. Meritt's got his hand up. Would you
like to come to the microphone and
[29:42] Michael Merittz Kiaakawa 382 widest lane
Kiaak
[29:47] [clears throat]
if u you vacate those and and I don't
[29:51] know how you're going to talk about mine
later but we don't know the answer to
[29:54] that yet either so I'd like to hand
these probably a good time to hand them
[30:00] out I guess but uh
20th Street.
[30:21] » So Pam is what we need to move this
discussion to the workshop.
[30:26] » Thank you.
>> I mean you can discuss it. We already
[30:28] held the public hearing um two weeks ago
>> for this vacation.
[30:34] » Um so the council can do whatever they
wish to do is um
[30:41] » you would have the ability if you wanted
to delay a decision depending what
[30:46] you're doing with other you can't
landlock my land.
[30:48] » You could table and bring it up at a
future council meeting too.
[30:55] So my question is though is we were
going to discuss this in the workshop.
[30:59] Do we need to discuss this in the
workshop or do we need to go forward
[31:03] right now with it?
>> So what is he asking at this point?
[31:07] » Pardon me.
>> What's what's Mike? What are you asking
[31:10] at this point?
>> Well, I'm asking if you agree with this
[31:14] and then you deny mine down the road, my
land is basically going to be
[31:17] landlocked.
So, you need to act on mine
[31:23] before you do this or something because
that 40 foot ravine, there's no way you
[31:28] can get access across that. And what I'm
asking for is not going to cost the city
[31:33] anything. All they have to give me
access along that fence line. It's never
[31:37] been used as landfill or anything. It's
the old road that went into the
[31:41] landfill.
It's an easement just like any other
[31:44] road. There's no other liability or
anything else. Everybody's making such a
[31:48] big deal liability and cost. There is no
cost to it. All they is is give me
[31:52] access along that.
>> But to to access that, wouldn't you have
[31:56] to go on
>> pardon
[31:58] » to access with the that fence line that
you're talking about? Would you have to
[32:01] go on his property enter his property to
do that?
[32:04] » I don't I don't have to enter anybody's
property.
[32:08] » I would be going all the
back in 2010
[32:14] » there. They even got a
surveyor team and stuff and set it all
[32:21] up. It is never acted on. 2006 it was
never acted on. For some reason they
[32:26] keep letting it go and uh they've never
denied it. Back in ' 81 they supposedly
[32:32] did but Dave Sperry said that I had
access through Bickl's property which
[32:36] you're g taking away now basically with
that big ravine.
[32:42] [sighs]
So, what I'm asking for isn't costing
[32:45] the city a darn thing.
>> So, Mike, we're not we're discussing the
[32:49] easement. It's not on the agenda. It's
on the workshop. They're not going to I
[32:55] mean, they can't make a decision tonight
on
[32:57] » workshop since 2006. And you keep
putting it off. Well, I mean, you can
[33:01] raise your hands all you want,
>> right? But
[33:03] » and and like I said,
>> you're crazy.
[33:05] » Okay.
>> All right. But down the road, you deny
[33:07] it, then I'm screwed.
>> If the council wishes to table this,
[33:11] they can. that's totally up to them.
>> So, actually the the motion that is on
[33:17] the um floor right now isn't is for Mr.
Norris
[33:24] » Morris's property and we need to either
continue with that. They've had the
[33:29] public hearing. They've gone before the
city um planning and everything. We need
[33:33] to go on with that. If they council
chooses to table it, that that's their
[33:37] right. If they choose not to table it,
we go ahead and vote for this and and if
[33:42] it passes or doesn't pass and then we
will move to the workshop and discuss
[33:46] with what you're talking to us about,
Mr. Merittz.
[33:50] » So, and then if you deny it, what
happens?
[33:52] » Pardon me?
>> And then if you deny me after the
[33:56] workshop, then what happens? I don't
have any access.
[33:58] » Well, we'll we can discuss that during
the workshop.
[34:02] » I have a question.
>> Uhhuh.
[34:04] » About the vacating part. So, the platted
streets aren't usable and so for them to
[34:13] get access to it, when will they be
worked on to be usable?
[34:20] » I'm sorry.
If the platted streets aren't usable for
[34:24] the neighbors to get to the properties,
when will they be worked on to be
[34:28] usable?
That would be up to the uh council to
[34:34] decide whether they wanted to open those
up or if they wanted to just let the
[34:40] property owners
>> do a gravel road or something of that
[34:43] nature.
>> Typically a road that's platted like
[34:46] this. If it is going to get developed at
some point in the future, it is a de a
[34:50] developer who does does the
infrastructure. They put it in place.
[34:55] And I haven't heard anyone saying that
they want to do that at at this point.
[35:00] Uh it's just set there for that to occur
in the future. But typically a
[35:05] subdivision
that whoever the developer is is putting
[35:08] that in.
>> Okay. That was going to be my next
[35:12] question is that if the roads are
developed, would the city be developing
[35:16] them or the homeowners? But you're
saying it would be like a private
[35:19] developer. Usually if you have a
subdivision like this when you have
[35:22] platted streets the streets when they
get constructed is by a developer to put
[35:27] them in for the city to take them over
at the end. They have to be develop they
[35:32] have to be installed to city specs for
for the them to be acceptable for the
[35:37] city to to take otherwise they are end
up being a private street. I guess I
[35:42] just don't understand then if we vacate
these, how are they going to get to
[35:46] their houses? Like, how are they going
to get to their properties?
[35:49] » Houses. They're not
>> I guess the question is how do they
[35:52] currently access their land?
>> How would that
[35:55] » They're only streets on paper. They're
not
[35:57] » There's no houses. This is just empty
lots.
[36:00] » It's timber.
>> It's Yeah.
[36:01] » And that's what M Mr. Morris what as
he's looking at do what he's looking at
[36:07] doing here. It was a piece of property
that that previously was set up with the
[36:12] thought that in the future they may
develop it with multiple houses. Uh he's
[36:17] looking now at maybe one or two
structures going back in there.
[36:21] » Just my my own house. Yeah.
>> So he's not contemplating the idea of
[36:26] developing his property like that.
>> So my question then I guess from Mr.
[36:30] Mayor's,
how do you get to your property now? How
[36:34] do you access this property now? road
>> on Hilton Road, which we're not looking
[36:39] at changing at all.
>> Pardon?
[36:42] » We're not looking at changing Hilton
Road at all. So, I guess that's that's
[36:45] » a half mile over to that property.
>> But if I there's no way you can develop
[36:51] that property, put a house on it or
anything else
[36:56] or anything else. You can't property
unless I myself.
[37:02] » Well, but right now there is not a
developed road that goes to this
[37:05] property. Correct.
There is not an actual developed road
[37:08] that goes to this property.
>> No. And I don't need a developed road. I
[37:12] didn't need access. I'll put the road in
my
[37:16] » But you said you're getting there now
from Hilton Road.
[37:18] » Okay. But again, we need to go back to
>> Well, this this this
[37:24] because if if if these roads here are
not affected by Hilton Road, I don't I
[37:31] guess I don't comprehend why these two
even coincide together.
[37:37] So he bought the property in 1980 from
the city of Kilk.
[37:42] » At that point
um
[37:47] there was two I think think there was
four parcels. They were all told that
[37:53] there was no access to the properties
and they could take you know um they
[37:58] didn't they could just the bids could
just be dropped. Um, everybody went
[38:02] ahead and purchased the properties
knowing that there was not any access
[38:07] other than across the railroad tracks or
through Bickl's property is that's what
[38:12] they called it and now it's Morris's
property. Mr. Merittz came back in ' 81
[38:17] asked the city for a easement through
the old land bill. It was denied. Okay.
[38:22] So, he has came back several times to
request an easement. Um, in 2010 or
[38:31] 2006, Bill Richards actually
suggested to the council that an
[38:36] easement be given to him. There was an
easement document that was prepared, but
[38:43] there's no council backup
giving him that easement.
[38:49] So once we get to the workshop, there's
two letters. One from um Clinger and
[38:55] Associate who has does our landfill and
then one from the city attorney
[39:01] um you know that is given um his opinion
on our liability on that.
[39:08] » There's seven seven acres in the city
that does doesn't really have any
[39:12] access. I mean, I've got it from half
mile across my own through the middle of
[39:16] my own property and everything, but
nobody else can ever use that land
[39:21] except me. And uh it's just it's a
worthless piece of property if I don't
[39:26] have access. That's why it's the only
reason I'm arguing this. I want I want
[39:29] him to get what he wants, too. But I I
can't get it through Bickles now if you
[39:34] do that because you'll never get through
a 30 40 foot ravine and the city
[39:40] through the old B the landfill. It's not
really going to cost you anything. If
[39:45] you give me a 30 or 40 foot easement
along that fence, I put the gravel in
[39:50] and
it's not the old landfill itself because
[39:54] that was not used along there for the
>> Okay. So, um
[39:58] » um I only had one more question. Uh Pam,
so the easement along the fence that
[40:04] he's looking at, is that on the property
that you gave us these papers for?
[40:08] » Yes.
>> On the landfill?
[40:10] » Yes.
>> Okay.
[40:10] » It's It's Yes, it would be on the
landfill. And there is some um I I and I
[40:16] don't know much about the landfill, but
there are some monitoring wells in that
[40:22] area.
[40:26] When I bought the land, she's saying
that it was said there wasn't going to
[40:29] be any access given. There was a
gentleman's agreement that they would
[40:33] give me access. And I've been working on
that. You can talk to Bill Richards. He
[40:36] was How long was he on there? I mean, I
worked with him for years trying to get
[40:41] this done. And he did those two things
and they still didn't act on. Why? I
[40:45] don't know. It was never denied. It just
never acted on. And whether it was never
[40:50] brought to the council, don't know that
either. and Pam, I don't know if you
[40:54] went back through all the records to see
if it was or not, but anyway, been
[40:58] working on there was a gentleman's
agreement between me and the mayor and a
[41:01] couple council members at that point in
time. They they knew you can't really
[41:04] landlock land and they said, "Well, you
can get it through pickles." So, that
[41:08] was kind of a catch, but as you can see,
that doesn't really work out either. So,
[41:13] » okay. So, um what we're going to do, um
I'm going to call for a vote. We have a
[41:18] first and we have a second. Is that
correct? it last.
[41:22] » I have a question first.
>> Yes.
[41:26] » Are we only voting on the vacation
or are we voting on the vacation and the
[41:32] price we're expecting him to pay
>> as part of that resolution?
[41:37] » It's It says uncertain. So, it's $10,000
is what I mean that that's up to you
[41:42] guys if you want to accept the $10,000
as the broker's um price.
[41:49] » Okay. Personally,
I do not. So, I would like to make a
[41:54] motion to reduce that down to the 5,000
that was first mentioned by Mr. Ferno
[42:00] when we first discussed this issue. As I
said, I wanted it to be something that
[42:06] wasn't too large, but we also I mean
part of why she went to a broker is to
[42:10] try to find out what where we have to
set a figure that
[42:13] » is a fair market value
>> from from a city perspective because we
[42:17] protect the citizens of the whole
community.
[42:20] » But I mean, you do have flexibility
within what you're going to do for I
[42:25] mean making an amendment.
But yes, when I did talk about this
[42:29] originally, I didn't want I did want it
to not be too large. At the same time,
[42:35] it's I mean, you could look at our past
practice, it would have been 40 or
[42:40] 50,000.
>> It was like 43,000. Yeah.
[42:47] » So, are Dorothy, is that an amendment to
what we're going to talk about or not?
[42:52] [snorts]
>> I thought I said I wanted to make a
[42:55] » Okay. amendment. So we can we add that
to this or not?
[42:58] » Uh you have a motion on the floor. Do
you have a second to that?
[43:02] » Yes, we do.
>> Or an amendment?
[43:05] » Not yet. You don't?
>> No, we do not.
[43:12] [snorts]
>> You don't get a second. It dies.
[43:14] » Yeah. So that that amendment dies.
And now we still have on the floor um
[43:22] the uh item number 12. And I'm going to
read it again. Consider resolution
[43:25] vacating and disposing for a sum certain
of platted undeveloped streets and
[43:30] alleys in Hawkeye edition, Kiaak, Iowa,
Lee County, Iowa. We do have a first and
[43:36] a second. I think we've had a lot of
discussion, so I am going to call for a
[43:41] vote. All those in favor say I.
>> I.
[43:44] » All opposed?
>> No.
[43:48] » You can have a roll call.
>> Yes. We'll need a roll call.
[43:51] » Hshaw.
>> No.
[43:54] Mullen,
>> yes.
[43:56] » Kley,
>> no.
[43:58] » Dade,
>> yes.
[44:00] » Andrews,
>> yes.
[44:03] » Tilman,
>> yes.
[44:04] » Ryan,
>> yes.
[44:07] » Greenwald,
>> yes.
[44:11] [snorts]
>> Six eyes, two nays.
[44:15] » Motion passes. Item number 13, Council
Leazison reports. Do we have any
[44:22] anybody?
Item number 14, staff reports.
[44:30] Um, just to inform the council in our,
uh, 212 building, which is the Park
[44:36] Ridge offices, um, tractor storage and
that kind of stuff. One of the furnaces
[44:42] did go out this week. Um, we had it
looked at by Enderlys and it determined
[44:46] it was done. So, we did order a furnace
yesterday and that will be installed uh
[44:52] hopefully the first part of next week.
[44:59] » Anybody else? No.
>> Um I would just
[45:03] mention um I started to say and I hate
that I then don't know whether it's true
[45:10] or not. Uh looking at the city council
um under the city council portion of the
[45:15] web page uh there is a section for uh
council agenda and minutes. Um and as as
[45:24] the meetings go through there's we do
post for all the years the the uh
[45:29] council meeting uh agenda and then a
council meeting minutes on the website.
[45:35] uh for the current
for the current meeting, we have that
[45:40] posted with the backup materials. So,
the majority of the the information that
[45:44] the council has in hand is available to
the public on the city's website and
[45:49] people are really encouraged to go find
it. I I do apologize. It's not easy to
[45:54] find stuff on the city website. It's
probably not use it's not very
[45:58] userfriendly.
Uh if you go under uh on the city's
[46:04] website to uh under city government
under city council and under that it has
[46:13] a drop down for the agendas and minutes
and it is something everyone is
[46:18] encouraged to go take a look at. Uh the
council is asked on a week a bi-weekly
[46:23] basis to to review 100 pages typically
of material. Um and you don't see that
[46:32] when you sit here and and watch a
council meeting occurring here. They we
[46:37] don't have a full full
discussion of what all that background
[46:43] material is, but they do have it as part
of what they uh as backdrop. So, so they
[46:50] have back background information to make
sure they understand the decisions that
[46:53] they're making um and why they should be
making them, what they should be
[46:58] thinking about as they're going to do
it. And folks should take a look at
[47:01] what's out there. Uh for for us to know
as a community what's going on and why
[47:07] decisions are made. The only way that
you can really have a full understanding
[47:10] is if you do go back and take a look
through that. Uh but I know it's time
[47:15] inensive and it's hard to get anybody to
do it. If I was sitting out in a
[47:20] community, I wouldn't do it myself. But,
uh, it does answer a lot of questions.
[47:25] If you're not sure why people are voting
the way they do on an issue, you can
[47:30] typically find out a lot if you go and
look at the background information in
[47:33] the packet.
>> And with that being said, public input
[47:37] is always um, recommended and
considered, and would we'd always like
[47:42] to hear what the public has to say. So,
>> or people can just ask us, too. Yeah.
[47:47] just email us,
call.
[47:50] » I'd just like to remind everyone that
not everybody has a computer, not
[47:56] everybody has a smartphone, and to I've
heard it discussed that uh
[48:05] council people should get their
questions answered before coming to the
[48:10] meetings. Um, I receive lots of comments
thanking me for asking questions to
[48:18] bring to light things that I feel are
important that the public needs to know.
[48:24] Um,
they get published in the newspaper. Not
[48:28] everybody subscribes to the newspaper,
but we
[48:34] cannot get a proactive society
if we're getting information just two
[48:41] days before a meeting. Um, and then it's
discussed or we act on something, it
[48:48] comes out in the paper and then we get
people to be reactive to our decisions.
[48:55] I know it's a vicious circle. So, um
I don't know the solution, but I just
[49:02] want everybody to keep in mind that
[49:07] there are situations where we need to
have discussions.
[49:15] Okay. Anybody else? Item number 15.
>> Question. So, is Mr. Mer's proposed
[49:22] easement. Is that on workshop or where
is that at?
[49:25] » That will be on workshop as soon as this
meeting is over.
[49:28] » Okay. Thank you.
>> All right. We're at number 15, new
[49:31] business. Anybody?
Item number 16. I need a motion to
[49:37] adjurnn.
>> All those in favor say I.
[49:42] » All opposed.
>> Meeting is adjourned. Take about three
[49:46] minutes and we'll come back to the
workshop.
[49:50] Here we go.
>> Like to open the council workshop
[49:54] December 4th, 2025 immediately following
the council meeting. The um discussion
[50:00] it number one discussion is regarding
easement requested by Mike Merrittz and
[50:05] I'm going to open it to um Pam Broomhall
to uh give us some information.
[50:10] » Okay. So, has everybody been able to
read my memo to the council?
[50:16] » Yes.
>> Okay. Um, do you have any questions on
[50:19] that
on the memo we did get in have you been
[50:25] able to read the Clinger and Associates
and the um
[50:32] email from Jim Dennis? I guess the only
question I would have I was reading the
[50:36] one from Jim and he's talking about you
know we have limited
[50:42] rest it's limited limited what we can do
we what we can restrict if we grant an
[50:47] easement to somebody do we have the
ability to put in a no fault clause to
[50:53] the city to where it you know if we're
granting them this anybody that they
[50:58] would grant access to this easement they
would be the ones that would hold the
[51:03] liability versus the city. Um, is that
something we can we can even legally do?
[51:09] » Well, I think as Jim stated, it's only
as good as I'm not sure what he actually
[51:13] stated on here.
>> So, what he did say in there, you can
[51:16] write that in there and and but the pro
the the problem is the city will always
[51:22] be the back stop
>> and we can't do away with our liability
[51:26] when we're the property owner. That was
the long and short of what he's saying
[51:30] in that is that
>> uh even if you write a clause in like
[51:34] that uh it it can help to protect the
city, but we are always going to be the
[51:40] deep pocket that will back up any
>> and I I I I would understand that and I
[51:44] would expect that I guess but that that
would be my only reservation. I have no
[51:49] problem with granting an easement
because I I understand the situation,
[51:53] but I would at least would would like to
see us as as a city put some sort of no
[51:58] fault clause in. At least we'd have a
leg to stand on if it ever did end up
[52:03] going to court. It's like, hey, he knew,
you know, that this should fall back on
[52:07] him and at least we wouldn't necessarily
be the only one if there was never some
[52:12] loss lawsuit or civil action suit taken,
we wouldn't be the only ones on the hook
[52:17] for that would be that that'd be my only
addition if we're going to do this is
[52:21] just make sure we protect ourselves as
much as we can.
[52:26] » So, as I said earlier, I am not
familiar. I've never dealt with the
[52:31] landfills um within the city. So, it's
it's always been public works. So, when
[52:36] I was actually looking for documentation
on the landfill, it is a closed
[52:41] landfill. Um,
and there is a gate that goes across
[52:46] 20th Street. 20th Street actually ends
um prior to getting to the city's
[52:52] property. Um, and I when somebody had
mentioned the gate, I thought you can't
[52:59] gate an open street. I mean you it's you
know but then when I was looking through
[53:03] the documentation
that was one of the requirements for the
[53:07] closed landfill is that the landfill had
to be that road needed gated and there
[53:11] needed to be signage on it and it needed
to be locked. Not saying that we
[53:15] couldn't
do something someplace else for that.
[53:20] The other thing is um I did read and um
about the restrictive covenant. Um, so I
[53:27] need to make we need to research that to
see if there's any restrictive covenants
[53:31] on the property once it got closed. So,
um, I'll have maybe Jim or someone else
[53:38] see if they could look through the deed
and see if I can find anything on that
[53:43] prior to because that may also limit the
city of what they could do actually do
[53:47] with the property. Um,
[53:52] this is totally, um, I know that John
just spoke with me. Um, you know, he
[53:58] said if we could maybe hug the property
line, he would give Mr. Morris an
[54:02] easement over his um, 3 acres. Um, which
would be this is Mr. Merritt's here and
[54:10] John owns this part here. Um, so there's
still some discussion. I just I I want
[54:16] to make sure you guys have all the
information before I put it on a
[54:18] resolution for you to either deny it or
or approve it. Um so I guess I still
[54:24] have a few more things that I didn't
realize that I needed um before you can
[54:29] actually make a decision.
>> Then then are you proposing
[54:34] that you go down Hickory Street to 20th
Street
[54:39] to to Mr. Merritt's property?
Well, he's he's asking about the 20th
[54:44] Street uh adjacent to these um cemetery
and the sanitation department is where
[54:50] he's asking for the um
easement.
[54:55] » 20th Street across the dump hugging the
elks and then across my three acres to
[55:01] access his seven.
[55:06] I know that there's still some I don't
know if I think they're plugged, but
[55:11] there's still some monitoring wells out
there. Um, and I'm sorry I didn't print
[55:16] a document of the actual monitoring
wells and where they're at and the swell
[55:21] that they had to build out there for the
water and which is fairly close to this
[55:26] property. Um,
>> is the fence right on the the edge of
[55:31] the landfill? Do you know that?
>> Um, so it would be just outside of where
[55:39] the engineers drew on the map where the
limits of the landfill is
[55:45] » and the fence runs right alongside that
somewhere. It's pretty close.
[55:48] » We don't have those maps with us, but so
the the actual limits of the landfill is
[55:53] more shaped like a kidney bean.
>> Mhm. [clears throat] It's it's rounded
[55:57] kind of bigger towards the elk side,
gets narrower as it heads away from the
[56:01] elks. Um that fence line runs kind of
along that edge.
[56:08] » Okay. Cuz if it I guess my my my
thinking is
[56:12] » there's not much of that f when you get
down to the timber. There's not much of
[56:16] that fence left. If the fence line is
pretty close to what would have been the
[56:21] property line or the the landfill line,
chance of us having a monitoring well
[56:27] right at the edge of the property versus
in somewhere in the middle of the
[56:30] property or there wouldn't have been
quite as much landfill [snorts] on the
[56:35] edge. I think about like a field out,
you know, you've always got the grass on
[56:39] the very outside of the field. It's more
solid than you get 30 feet, 70 yards
[56:44] into the field. Now you've got pretty
substantial I would think the landfill.
[56:49] » So I guess as a liability things it our
our chances of having an issue if he if
[56:56] we do right next to the fence I would
think would be less than if we had him
[56:59] go right across the middle of the
landfill.
[57:03] » Well I totally agree with you. I was
going to make that point here shortly. I
[57:07] was going to ask questions about
setbacks and stuff because it clearly
[57:10] was a border at some point and so would
there have been dangerous landfill on on
[57:17] a property line on a border or were
there setups?
[57:21] » So so generally when they there are
monitoring wells that kind of run down
[57:26] that fence line
>> the north fence line
[57:29] » the north. So if it if you're looking at
the property it's like an L shape right
[57:32] there. Now we're 20th [snorts] Streets
right here. This is the Elks. This is
[57:37] the city property and that fence is an
L-shape up at the top of it. Um, so the
[57:43] the limits of where
they would show on that map would be
[57:48] like the extent of the cap
>> which would go out which would go
[57:52] outside the limits of the where they
actually buried the trash.
[57:56] » I can't tell you how far because that
that was closed in like 70 I want to say
[58:02] 78 79 somewhere in that neighborhood.
Then they then there's a 30-year
[58:06] postclosure requirement. And so all of
this they did they did a regrading in
[58:11] around 2003 where they put some drainage
line or not lines but some rock and some
[58:18] drainage areas in to let the water run
from off the cap down to Soap Creek. Um
[58:23] the wells generally are placed [snorts]
more towards the outside because they're
[58:27] they're trying to monitor the water
coming out that would come out of the
[58:31] landfill. And then some of some of them
are also gas monitoring wells for the
[58:35] like methane and that kind of stuff that
that generates
[58:38] » the cap if I read this correctly is like
four to five feet
[58:41] » thick. Yeah.
>> Should be
[58:43] » should be
[58:49] last
>> uh 200
[58:53] » 2008 or something what I saw in here.
>> Yeah, there's a report from
[58:58] » Yeah. monitoring. So they had to do they
did a
[59:01] » 2008
>> they monitored them in the early 2000s
[59:04] and then they [snorts]
>> they capped them. I believe they filled
[59:08] them and capped them around 2008.
>> So the the physical you could see where
[59:15] they were but they they filled the the
well down to the to where they were
[59:20] doing the monitoring.
[59:26] contained
[59:41] so
[59:45] really the only and this the only
expense that we would incur as a city um
[59:52] like Pam was talking about we would have
to move where we've got that gated
[59:59] down at the B closer to the intersection
of Lincoln and 20th. We'd have to move
[1:00:04] our gate um back up to up up off of the
road right away to our property and
[1:00:11] probably install some fencing
um to
[1:00:14] » What are you thinking costwise?
>> I have I haven't looked into it to
[1:00:18] » You're not You're not talking of moving
a lot though. Is that
[1:00:21] » And we we probably would want to look
into actually
[1:00:25] with some of the issues that we do get
reported out there from people like
[1:00:29] sneaking through the cemetery,
maybe having fun or whatever out there
[1:00:33] on the on the actually on the cap where
that would be at. Um, I'd probably look
[1:00:39] at putting a fence down along that and
just fencing in our sanitation and our
[1:00:42] stock piles are also our street
department oil tanks are out there that
[1:00:46] they use for when they oil and seal the
streets. Um, we just want to look at
[1:00:52] making that more secure if we had to
move that fence.
[1:00:55] » Well, that'd be a time to do it. Begin
to do it. Yeah.
[1:00:59] » So, would it be a possibility to sell
Mr. Meritts a strip of land?
[1:01:05] » That was my next
>> a small I mean, just something that
[1:01:08] would be able to get him back there that
would abut the property line.
[1:01:13] » I guess the city wouldn't be liable for
>> question for you. Is that something we
[1:01:17] could potentially plat out and just sell
him 20 25 ft widthwise the length of
[1:01:24] that and it would be his property?
>> I think you can as long as you've made
[1:01:28] sure that you've cleared your issues
with uh DNR and
[1:01:32] » you know separation from the landfill
>> because we don't lose that liability
[1:01:37] with [clears throat]
>> that's why because even if we sell it if
[1:01:41] it was had the landfill under it we
still have that. Well, we'd have to
[1:01:45] obviously get that all approved through
the state. So,
[1:01:48] » well, Clint Klinger, they they contacted
the DNR. They just
[1:01:52] » waiting
>> left a message and they're waiting for
[1:01:53] the um return phone call from them on on
the cans and can'ts just because it is a
[1:02:00] landfill and I realize the easement is
going to run is going to skirt the
[1:02:04] bottom end of that with probably where
there isn't any trash, but we just we're
[1:02:08] just trying to cover our bases. And it
looks like I mean the concern here is
[1:02:12] that it was a landfill hazardous stuff
and this no matter if we sell it, if we
[1:02:17] you know we're still going to be liable
for anything any actions that happen on
[1:02:23] that
>> and depend on depending on which route
[1:02:25] we go
with the easement will make a little bit
[1:02:30] of a difference too. I think that's
actually going to be
[1:02:33] » I think I think what Deon's trying to
say and we need to make note that no
[1:02:37] matter what we sell if part of it has
anything to do with the landfill we will
[1:02:41] be liable always even though we've sold
it to somebody else and we need to
[1:02:45] understand that because we've been and
then we also need to remember that we
[1:02:49] have a letter from our city attorney and
we have another letter that are advising
[1:02:54] us not to sell part of the land I mean
not to you to go across the landfill now
[1:02:59] to sell it I I Don't know if that's the
way it would happen or not, but we have
[1:03:04] to remember that no matter what happens,
we would be liable no matter who owns it
[1:03:10] because we originally had the landfill.
>> And you know, our liabil we we yes, we
[1:03:15] would still be liable. Our liability
becomes a lot less if you're not going
[1:03:21] across the middle of the landfill as
opposed to
[1:03:25] » any more liability than any other
street, park, or anything else to
[1:03:36] » [cough]
>> Well, Mr. Merz, this has to do with the
[1:03:40] EPA and the DNR, too, and that makes a
difference. It does.
[1:03:43] » Could I approach and make
>> Yes, you can.
[1:03:46] » I appreciate it. Um, and I I just wanted
to speak on what y'all are discussing. I
[1:03:51] have a few comments I'd like to make.
First of all, I just want to express
[1:03:54] support in this easement being uh given
to Mr. Merittz. Um, and I think
[1:04:01] Brackenberries who are neighbors out
there as well are staying here in
[1:04:05] support of Mr. Merritt's getting that
easement. Secondly, one point that I'd
[1:04:09] like to bring up, um, depending on where
the lines fall with the land swap that
[1:04:15] was, uh, handshaken and not recorded
with the Elks and the city. Um, what
[1:04:22] we're proposing, I believe, is going to
fall directly on what is currently the
[1:04:28] Elks property that the city agreed to
trade and what is currently golf course
[1:04:34] that is currently in the city's
ownership, if that makes sense. So,
[1:04:39] right now, it would be hugging a cart
path and a T- box that's on the golf
[1:04:43] course that belongs to the city
currently on the books. and the other
[1:04:48] portion of that easement would go across
property that the city has handshaken
[1:04:52] that they would give to the Elks. So, um
and then the third thing I wanted to say
[1:04:56] on liability, um I don't know if it's
different or not. Um I'm not sure where
[1:05:03] you're getting the who's telling you
that you would be liable no matter what.
[1:05:07] And maybe it's different with dumps. I
did purchase a property in town a few
[1:05:11] years ago um that the DNR had monitoring
wells. It had fuel leakage. It was
[1:05:17] contaminated. All the red flags were
there. All I had to do was sign
[1:05:22] consenting that I understood my
liability with that property and that I
[1:05:26] couldn't build, couldn't disturb the
ground, so on and so forth. So, there
[1:05:29] was stuff there was extenduating
paperwork that I had to acknowledge and
[1:05:33] sign when it was sold to me, but the
previous owner held no liability after I
[1:05:37] bought it. Maybe different with dumps,
but I just worth pointing out. Um, so
[1:05:42] [snorts] anyways, I just wanted to make
those points. I don't think we're
[1:05:45] talking about an easement anywhere that
you haven't already agreed to trade with
[1:05:51] the golf course or that is yours
currently and is golf course. And then
[1:05:55] secondly, um liability from selling it
or otherwise. I'm sure you could
[1:06:02] navigate that uh if you got with the
proper channels with the DNR, with the
[1:06:06] EPA. So, thank you. Thanks for hearing
me.
[1:06:09] » So, Brian, I'd like you to talk about
where you're at with the golf course
[1:06:13] hunting.
>> Yeah. So, uh, back in 2010,
[1:06:18] the city did enter into an agreement
with the Elks. It did go before the
[1:06:23] council. It was approved. Uh, the
surveys were completed, the plats were
[1:06:27] drawn, and somewhere along the lines,
those never got filed. Um, I did meet
[1:06:33] with the Elks a week ago, and we re we
revisit it because no one on the current
[1:06:39] Elks board was on the Elks board in
2010. Um they are obviously still in
[1:06:44] favor in that because currently we own
the T- box on number seven. It's on city
[1:06:49] property. Um they would like that to be
on their property. So um the process
[1:06:55] right now is we're going to get those
plats to our city attorney. They're
[1:06:59] going they're going to go through the
land swap process getting the abstracts
[1:07:03] updated and all that kind of thing. I'm
assuming that will probably just
[1:07:09] just because of time probably take about
a month. Um but then there has been also
[1:07:15] an easement surveyed in that same time
frame [cough] that does run
[1:07:19] [clears throat] across the property that
is currently the Elks which will be the
[1:07:23] cities. Um which that top portion of
that is way away from the landfill. It's
[1:07:30] just when you come down the diagonal
that it would get close on the bottom
[1:07:35] end. But since then, Mr. Morris says
that he he will give an easement across
[1:07:39] his property which will keep us
everything well away from the landfill.
[1:07:43] » Yeah. The T- box he just mentioned that
that's the city's property currently.
[1:07:47] That's the easement would go right next
to that T- box just right down the
[1:07:50] ditch.
>> Yep.
[1:07:53] So you potentially do have a way to do
an easement that didn't cross over the
[1:07:58] former.
>> Well, now we do since since
[1:08:00] » So I mean that's that's something that
can avoid that issue
[1:08:03] » because there's gravel roads. But
>> given that you vacated and or disposing,
[1:08:08] I think that's what was passed earlier.
So [cough] and given that Mr. Barretts
[1:08:13] would be happy with it, I I'm I'm good
with that.
[1:08:16] » So that that easement plat that we had
done will have to be modified a little
[1:08:20] bit because of that. But and then we we
can talk to Mr. Merritt about the width.
[1:08:24] Right now I think it's drawn at 50 ft.
>> I believe
[1:08:28] » it's on it's in the packet here. See if
I can.
[1:08:31] » And just to be that guy cuz I am when
you're talking liability uh if you if
[1:08:35] you're going to handshake and trade the
Elks a triangle for a triangle, are you
[1:08:42] going to still have the liability for
the triangle you're giving them? And
[1:08:45] there obviously is no city liability on
the triangle you're going to be
[1:08:48] receiving. So half of what we're talking
about for sure there's no liability with
[1:08:52] the city because you don't own it on
paper yet. The other half you're willing
[1:08:56] to give it away to the Elks. So why not
give an easement to Mr. Merits?
[1:08:59] » It actually was not on the handshake.
I've got all the documentation.
[1:09:02] » It wasn't it was formally approved.
>> Furbage. It matters.
[1:09:06] » It was
>> but it was it wasn't it was approved by
[1:09:10] the
>> It was formally approved by the council.
[1:09:12] » So it just wasn't finished.
>> Just wasn't recorded, I don't think. So,
[1:09:15] I just I just want to clarify the way
this conversation has gone here is that
[1:09:20] it seems like there is an option that's
being discussed right now. We need to
[1:09:24] get some paperwork done and get some um
property lines adjusted to reflect
[1:09:30] paperwork. But then once that is
completed, there's a way that does not
[1:09:35] involve going by or on the landfill that
achieves the outcomes that all the
[1:09:42] parties want as their desire tonight. Is
am I correct in that interpretation?
[1:09:46] » You are. If Mr. Morris gives um Mr.
Merits an easement,
[1:09:50] » you would want the transfer to get
finished with the
[1:09:53] » we would have to get the property
transfer with the elks finished
[1:09:56] » and you would want any sort of this
what's happened with this discussion.
[1:10:00] You'd want all parties having the the
easements make sure they're coordinated
[1:10:05] so that you know that you have a full
access being part of that package.
[1:10:08] » Correct.
So the property transfer would have to
[1:10:12] happen before we can give an easement ac
across the property because right as of
[1:10:16] right now we don't own that.
>> Then an easement recording for each
[1:10:19] parcel that's included then. Yeah.
>> One other thing worth mentioning because
[1:10:24] it'll probably get brought up to you all
at some point. The the 20th Street he
[1:10:28] mentioned that's gated currently
[snorts] there there's probably going to
[1:10:32] be individuals in charge or that work
out there that have a problem with
[1:10:36] moving that gate. But currently on the
books that's a public street so the gate
[1:10:40] really shouldn't be there to begin with
but just preparing that that's going to
[1:10:44] come up.
>> So it sounds like um there's sort of a
[1:10:48] solution that we are looking into and um
thank you for your offer and Mr. Meritz
[1:10:54] we are more than happy to try to get you
to that piece of property the easiest
[1:10:59] way we can. Um I know Pam and Brian are
going to work on it and um they'll be
[1:11:05] getting back to you, right guys?
getting a hold of you.
[1:11:09] » Yep. We'll get um the documentation as
far as everything that we can find um to
[1:11:14] make sure everything's good and get
that. Jim is um I think out of town at
[1:11:20] the moment, but as soon as he gets back
in, we'll have him start um in the
[1:11:25] process.
>> Okay. And and again, um thank you for
[1:11:29] your suggestion. Thanks Pam and Brian
for all that. And thanks, Mr. Merittz,
[1:11:33] for being patient. I know it's not easy,
but thank you very much. And with all
[1:11:38] that being said, if there's nothing else
to say, let's go home, guys.