The Combined Lake Delhi Recreational Facility and Water Quality District
Board of Trustees Meeting
December 20, 2012 – 5:00 p.m.
Maquoketa Valley Middle School Conference Room
The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 5:01 PM at Maquoketa Valley Middle School Conference Room.
Trustees present: Leonard, Kramer, Kray, Davidson, Schneider, and Burger and Peter via phone.
Trustees absent: N/A
Visitors: Chip Hughes, Chris Stender, Marcheta Cooey Lux and Bill Lux and Bob Hatala and Matt Hektoen by phone
Agenda reviewed by Leonard. Motion was made by Burger, second by Schneider, to approve meeting agenda. Kramer moved to amend agenda to remove items 6, 8, 10, 11, 12, 13, 14. Kray indicated she wants to leave on 14. Leonard indicated he would like to keep agenda as Laurie proposed. Burger second motion as amended, motion passed.
Kray requested approval of minutes for 11/15 and 11/29. Kramer made motion to approve and Davidson second, motion passed.
Kramer discussed payments due from the general fund are Alliant Energy for $64.40, Des Moines Register $10.74, L&L Consulting $2,000 and October billing for Simmons Perrine $9,475. Burger said going to go back 1 year since approval of bond fund and separate attorney bills and move funds involved in dam rebuild to bond fund. Motion to approve payments as represented by Davidson and second by Schneider, motion passed. Kramer reviewed the financial report and advised there is a beginning balance of $73,597.94 in the general fund. We received revenues of $3358.29 and some interest. Bills approved in November total $6,617.27 which gives an ending balance of $70,397.82 and does not include expenditures we approved tonight.
Leonard introduced revised Public Access plan and that all Trustees had a copy sent to them in email. Kramer made motion to approve, Schneider second. Burger asked if DNR and County have seen the plan and asked if they gave comments. Leonard indicated final includes their comments and we will have continued conversations with DNR and County. Burger is recommending on further drafts we show that as of today’s date we have purchased the Peck property that should help in accommodating portage. Kramer asked if we are to pay for new bridge. Leonard indicated that the team discussed costs and no details on cost sharing. This plan shows intention that we are in support of additional public access. Asked for individual roll call on motion, all ayes, motion passed.
Leonard asked Hatala to walk through the resolution approving the Peck property acquisition and costs and disbursements. $99,583.93 is to be paid to Community Savings Bank which includes the $5,000 escrow payment. Attached to the resolution is the closing statement and also the IDNR form for Time of Transfer Inspection Waiver. We do not have to raise the building as capping the system will be sufficient. Hatala said the District just needs to make one motion to approve the resolution. Also make note that the company name needs to show Peck Excavating Corporation. Motion to approve Resolution 12.20.12 by Davidson, Schneider second. Davidson indicated if we can live with the easements that are attached to the property and if we saw a final copy of opinion. Hatala gave a summary in respect to the easements.
Entry 14 – Interstate Power and Light for electrical transmission line purposes. Due to the nature of the legal description, Hektoen cannot determine the exact location of the easement.
Entry 15 – same as 14
Entry 30 – public highway purposes and is most likely the county road. There isn’t a plat or survey so Hektoen is unable to show location exactly.
Entry 35 – This is a road easement to Delaware county and it appears to be the same easement as entry 30 but can’t be sure because of the legal description.
Entry 188 – this grants Peck’s property the right to utilize a water well on adjacent property and grants the property owner of the well access to the lake over property owned by Peck and reasonable dock space. This may be a little concerning since ‘reasonable’ is not defined. Also the owner of the Peck property is prohibited from improving the structure more than one level.
Entry 213 – this agreement allows the owner of the Peck property access to a well on adjoing property but different adjoing from the previous entry 188.
Basically we have 2 Interstate Power and Light easements for transmission lines. Entries 30 and 35 are highway and county road easements and then we have a well easement over the Peck property and include access for dock space along the shore. Hektoen joined the meeting while discussing the easements. In Hektoen’s opinion the only one of concern is the dock space along the shore line. There is some sort of path that has been used in the past and believes whatever the past practice is will be used. We may be able to renegotiate with the property owner. Leonard asked if any reason to believe that in these easements, if we use this property for portage, is there anything restricting us from doing that. Hektoen indicated that as long as portage doesn’t interfere with existing easements the District should be ok. Easement is held by owner of property and the District could offer additional easement to the public as long as it does not impair the access to the lake property easement held by the other property owner. Leonard asked if any restriction to access to the lake bed itself in terms of us working in river bed. Hektoen stated that the lake bed is described in deed from LDRA to Maxwell’s (predecessor to Peck). A quiet title was given (after the lawsuit with LDRA, Rocky Nook and Peck) and the court did not make a ruling as to where the center of the river is. What is surmised is that it is at right angles of the exterior boundaries of the Peck property. There was no survey of the property and 2 drawings were presented during the case but the court did not make a ruling. This is a risk that is inherent with purchasing this property. Davidson asked about surveys and if any were found? Hecktoen said there were plenty of surveys of the land but no definitive survey of the lake itself and that is why it is called a quiet title so we would get whatever right LDRA has when we finalize the land transfer agreement with them. Rocky Nook would still have quiet title. How far downstream are we buying is what we don’t know. We don’t know the exterior boundaries of the lake bed. Davidson asked about dock space and it doesn’t say what has to be provided. Hektoen said that is correct but it will probably be determined by past practice. One dock and boat lift were there before per Davidson. Leonard asked Hektoen about the IDNR Time of Transfer waiver statement and if we need to take action tonight. Hektoen said will receive the warranty deed and ground water hazard statement from Peck at closing. Attached to the ground water hazard statement will be this document and will need to indicate that in lieu of raising the building, the district could take the toilet seat off and cap the system with cement. This document does not reflect that and will have to be changed and Hektoen is working with Dennis Lyons at the County to get that done. Hektoen recommend not to sign this document tonight as the resolution will allow Leonard to sign this document, once the agreement from the county to allow capping of the toilet is complete. Hatala says Resolution 12.20.12 allows the President to finalize the documents to complete the purchase of the property. The signing of the IDNR document would be within the authority of this motion. Individual roll call requested. All ayes, motion passed. Leonard said Kramer will go to courthouse tomorrow so can get funding process to move forward so the documents needs to get to the auditor tomorrow. Hektoen said closing will be done remotely and Hektoen will work with Peck attorney as to how to get the checks to the bank. Someone needs to go to recorder with transfer tax and documents. Hektoen left call.
Public comment – Stender asked reason for the purchase of the Peck property. Leonard explained that the property lines as it relates to what is owned or controlled by the LDRA currently, (and then will be transferred to the District) was a gray area. We also needed the property for construction. Hughes said there was a lot more determined in the lawsuit. Hatala said in contact with Mitvalsky, attorney for LDRA. Hatala said the results of the lawsuit are not as clear as some might argue. Stender thought Rocky Nook owned some of the area. Stender asked if the District owns from the Peck property to the Pottebaum property. That will be the intention and the purchase of this property takes away the gray area. Stender asked how much Peck asked for the property and Leonard indicated it was his understanding that it was originally for sale for approximately $170,000. Hughes doesn’t understand why we are saying a survey will answer the question because we know exactly where property ends and the levy went under the water’s edge. Hatala says doesn’t have court decisions in front of him and if we have a specific question that is being raised we can take it and get the answer back to the board. Hatala needs to have the documents to readily answer any question. Hughes said was the purchase of the Peck property going to go all the way to the ownership of what the LDRA had. Rocky Nook was granted ownership of the concrete part of the south side of dam at that time and still owns that. Schneider said we are talking about the riverbed not about what is on the previous cement side of the dam. Stender asked if we are going to try to purchase Rocky Nook. Leonard said exploring all alternatives. Rocky Nook owns their piece of property and our understanding is that the Peck property owns the river bed per Gibbs Engineering. The Peck property goes to the center. Stender asked if can move forward with or without Nook property. Leonard said working through that issue. Schneider said should help with public access as well.
Stender asked about time line and stated he was disappointed that time line wasn’t on the agenda. The goal is to have a meeting next week to detail it. Kray said her intention of having time line on agenda is to discuss critical factors.
Stender asked if progress on easements for flood plain. Leonard said a lot of communication being done by District’s engineering firm. Hatala hasn’t been able to speak with Holman to get status. On the fishladder issue, the University of Iowa has given a summary of what is deemed possible at no charge to the District. With their experience, they have detailed what they believe can be done and if it is feasible. Stanley is finalizing a draft and Stanley is doing a final case report as to why they have always said is not workable. Should have a final draft within a week or two.
Stender asked if the Public access plan will be put on web site and Kray said will add it.
Stender stated that he will be at boat shows and it would be nice if had easel with bullet points on what is going on with Lake Delhi. A lot of people ask what is the status.
Cooey-Lux says people are losing faith on the lake that we are going to get the lake back so we need items like that to show accomplishments and where we are headed
Schneider made motion to adjourn, Davidson second. Motion passed.