These two hoop houses owned by K&K Gardens are located on what is called South Street, a right-of-way owned by the City of Hawkeye. Hawkeye had given Keith Kovarik, owner of K&K Gardens, until July 30 to move the hoop houses; however, Kovarik claims that he was given permission many years ago by the City to place them there. It was brought up last year, when Tim and John Bruihler thought the hoop houses were located on their farmland. Chris DeBack photo
Hawkeye's South Street vacation headed to litigation
By Chris Deback
cdeback@thefayettecountyunion.com
The vacation of South Street has been before the Hawkeye City Council for little over a year now. It was up for discussion at the council’s last meeting on Monday, July 2.
South Street is a city right-of-way along the southern border of Hawkeye that runs between John and Tim Bruihler’s farmland and K&K Gardens and Trinity Lutheran Church, among other Hawkeye residents.
Mayor Don Kelly opened the meeting by asking if there was at least a 4-to-1 vote (supermajority) to pass the vacation of South Street as discussed at a special meeting in June. Councilmembers John Campbell and Josh Hanson both said they wouldn’t vote in favor of the vacation. When asked after the fact why neither would vote in favor of the vacation, both declined to comment due to pending litigation. The Bruihlers also declined to comment.
According to the minutes from the June special meeting, Councilmember Angela Weidemann asked for clarification on a land swap between the City and the Bruihlers. Mike Shimak of Shimak Surveying stated that in 1959, an easement was established with a previous property owner for the city to enter the old lift station where Scott Zell lives. When the City had the property surveyed, it turns out that the easement was actually on the Bruihlers’ land. The survey also discovered that the Bruihlers had been farming a portion of City property by the lift station and City shop bunkers.
It was noted during the meeting that Tim Bruihler had sent the City a land-swap proposal that included property owners along South Street vacating any property currently on the City-owned land. After further discussion, the mayor asked that the City Attorney and Kovarik’s attorney, Jerem White, step outside to discuss the matter.