[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.

Keokuk City Council Meeting 12 4 2025

Transcript