After a lengthy, turbulent session the Minonk City Council voted to change the direction of the proposed storm sewer line to run down Seventh Street rather than Mill Street.  Originally, the council agenda included a vote on an ordinance to vacate an alley near Mill Street and then another ordinance to purchase Mill Street from owner Larry Hill so the storm sewer could be run down Mill Street.  However, things did not go according to the agenda.

The session started out with Larry Hill, owner of the property on which Mill Street runs, presenting his case for why the City should pay for the easement on which Mill Street resides.  Hill claimed that there was confusion on the part of the council on the Mill Street issue and it is time for the City to resolve this issue.  He stated that the City never officially made Mill Street a normal street and that it was still private property.

Hill said he made an offer for selling the Mill Street easement to the City and then accepted a counter offer of $.65 a square foot.  He claimed the negotiation issues were held secret from the City Council.  He said if Mill Street was not included in the sewer plan, he would have no problem in granting an easement to the City.

Next, Farnsworth engineer Bob Kohlhase, who has been designing the new storm sewer system for the City, presented an alternative route for the sewer line that would take the proposed sewer line from Eighth Street south along Walnut Street to Seventh Street and then run on the south side of Seventh Street west to Johnson Street where it would turn south.  This route would be an alternative to running the storm sewer line from Eighth Street south on Walnut to Mill Street and then west to Johnson Street.  Kohlhase said the new route on Seventh Street would be 50 feet longer but will give a little better drainage than going down Mill Street and will drain just as quickly.  There would no difference in the cost of laying the sewer line but it will cost $4,000 to $5,000 for extra survey cost and would delay the project for another two weeks, although there is still plenty of time for the project to be started.

Alderman Corey Ruestman asked if this new sewer route is being presented in order to save money by not having to pay for an $8400 easement from Hill for Mill Street.  Kohlhase said he was just giving the council another option for running the sewer line, agreeing that running the sewer line down Mill Street would be somewhat easier.  However, he said there would be no need for any new easements.

Then Mayor Bill Koos took over and proceeded to present evidence that the City Council was fully aware of the negotiations between the City and Mr. Hill on the purchase of Mill Street.  The Mayor produced minutes from two executive sessions in which the purchase price and conditions for Mill Street were presented to the City Council, all council members present at both meetings except for Alderwoman Carls who was absent at the second meeting.  Koos said, " The City Council did not offer Hill money and was aware of his asking for payment for the easement.  It was the City Council's decision to make on the offer.  Nothing was done in secret."

Then the Mayor produced a Plat Survey from 1988 when then owner Wallace Furrow signed an agreement with the City of Minonk in which the City certified that Lot 6 on which Mill Street resides has street access.  Koos then stated that, "Hill said Mill Street was private property.  However, the City used MTF dollars to resurface Mill Street which can only be used on certified city streets.  In 1988 the City was not confused.  The City made a legal note on a legal plat with consent of the land owner, that the City has legal access to Mill Street.  The City entered into an agreement with a land owner to allow the city to use Mill Street as a public city street."

Koos said the buyer needs to be aware of all legal contingencies when buying land.  He said, "Hill knew there was a water problem when he bought the land and now he wants the City to pay for his property and to relieve him of the water problems on his property."  Koos stated that the Council needs to be aware of setting a precedence for paying for an easement..

Alderwoman Kari Carls said she didn't think a property owner should have to pay property tax on a public access road.  She said the City should buy Mill Street.

Alderman Sean Cunningham said "why buy the cow when we can get the milk free" in reference to running the sewer line down Seventh Street to avoid paying for an easement on Mill Street.

Alderwoman Julia Redenius asked why Mill Street was originally presented as the best route for the sewer line.  Mayor Koos said the engineers were requested to come up with alternatives for the council to make a decision on.  Engineer Kohlhase said Mill Street and Seventh Street are both doable but there is a little more benefit in going down Seventh Street.

Alderman Corey Ruestman said he wanted to take this new information back to a committee and discuss it.  He said he didn't feel comfortable on voting on anything tonight.

Alderman Cunningham said the issue comes down to do we want to pay for an easement.  If we pay Hill for his easement then we should pay everyone else for their easements.

Mayor Koos said if Hill wants to give us an easement, we can have the attorneys settle the matter right now.

Then Alderwomen Carls made a motion to approve Ordinance 2011-02 which would provide for the vacating of an alleyway which would then pave the way to vote on an ordinance to acquire the property of Mill Street from Larry Hill.  There was no second, so the motion was dropped.

Alderman Ruestman then asked if  the proposals can be taken back to committee.  Mayor Koos asked why?  He said that 5 votes are need to approve the vacating of the alleyway and two councilmen have already indicated that they were going to vote no.  City Clerk James Liner said that since Alderwoman Carl's motion to approve the vacating of the alleyway did not have a second, there is nothing more to discuss.

The Mayor then said there will be a 15 minute recess during which time the Mayor and the City's attorney will confer with Hill to see if they can work out an agreement in which Hill would give the City the easement.

After the recess, City Engineer Bob Kohlhase presented a new plan in which Mr. Hill would sell his easement to Mill Street to the City for $10 and the new sewer line would shift to the north 10 feet giving Hill more property on the south side of Mill Street.  After presenting the proposal, Mayor Koos said this proposal would infringe on the property owners to the north of Mill Street and did not think it was a good idea.  However, Alderman Ruestman made a motion,seconded by Alderwomen Carls, to approve the new plan to move the sewer line further north with no easement cost.  The motion failed with Carls, Redenius and Ruestman the only ones supporting the motion.

Then a motion to approve plan B, which runs the sewer line down Seventh Street, was made by Alderman Cunningham and was approved with Cunningham, Fortner and Ferini voting yes and the Mayor voting yes to break the tie.

Purchase of New Squad Car