Reinkemeyers unhappy with repair estimates and refuse to give Freeburg an easement

By Theresa Brandt, Staff Writer
Posted 8/16/23

FREEBURG —   Freeburg trustees presented a proposal from Verslues Construction Company to Cyle and Emily Reinkemeyer on how to fix the drainage problem that has caused damage to their …

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Reinkemeyers unhappy with repair estimates and refuse to give Freeburg an easement

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FREEBURG —  Freeburg trustees presented a proposal from Verslues Construction Company to Cyle and Emily Reinkemeyer on how to fix the drainage problem that has caused damage to their property. Emily was present at the beginning of the meeting. Mayor Scott Knoll explained that four different companies looked at the property. All came up with similar ideas on how to fix the drainage problems, none of which included milling down the existing street.

Verslues Construction was the only one of the four that presented an actual estimate for doing the work. Bartlett & West, Crockett Engineering Consultants, and Null Grading looked at the issue and offered a solution but not an estimate on the project, citing scheduling concerns.

Verslues Construction’s proposal totaled $19,050, which included a 32-foot French drain at the northwest corner of Pine Street and 200 square feet of pavement around the drain and a bar grate ($6,400), 160 feet of curb and gutter on the south side of Lewis Street starting at Pine Street and headed west ($8,900), and 160 feet of storm pipe, running from Lewis Street to Walker Street, and replacing 10 feet of sidewalk along Walker Street. The storm pipe will run underground, and the village will need an easement from the Reinkemeyers for that part of the project. Village Attorney Nathan Nickolaus proposed a five-foot permanent easement on the property for the storm drain and a 10-foot construction easement.

“I’m going to be straight honest,” Emily said. “I don’t understand why we are spending money to make dumb fixes on it instead of just grinding down the road like it needs to be.”

“The engineers are all telling us grinding down the road is not going to fix the issue,” said Trustee Shane Zimmer.

“But it didn’t do this before the road was fixed,” Emily said. “How does milling down the road not fix the problem?”

“I don’t know, I’m just going off of everything (the engineers) said, which is grinding down the road will not fix this,” Zimmer repeated.

“So, are you talking about the engineers who don’t want anything to do with this?” Emily asked.

“It was pretty consistent that everyone said the same thing,” said Trustee Jamie Kaesik.

Emily explained that she was not trying to be difficult but that the drainage had never been a problem before the street was repaved.

“Maybe the street was absorbing some of the runoff,” Nickolaus suggested.

“Part of it was gravel, yes, but the main problem is the water comes straight toward the house,” said Emily, who also complained that she had not seen the reports from the different companies and engineers.

Kaesik emailed a copy of one of the engineering reports and promised that she and Village Clerk Nicki Bax would look for the other report. Bax also ran off a paper copy of Verslues Construction’s estimate for Emily.

“We just want this to be fixed properly for you,” Zimmer said. “The last thing we want is for you to come back in five years and this be a problem again.”

“I’d hate to spend $80,000 on a house, and it rot again,” Emily agreed.

“This is going to fix the problem,” said Public Works Director Doug Hamacher.

“They said that the last time,” Emily answered.

Trustee Darryl Haller explained that the proposal included putting a grate on the upper side of the house so water could not go into the garage.

Emily asked what would happen if Verslues Construction tore up any of the Reinkemeyers’ existing concrete or buildings.

Zimmer assured her that Verslues Construction had insurance like all businesses, and if something happened, it would be addressed.

Emily argued that where the village wanted to put the grate would not actually catch any of the runoff water.

“The water has to go through the grate to get down the hill,” Hamacher replied. “It can’t get on your property if it goes down the grate. (Verslues Construction) will figure it out. They do this stuff for a living. They know more than we do.”

“We probably wouldn’t mind doing an easement, but we got burned the last time,” Emily said. “Our yard was torn up for months, and we lived in a mud pit. We had this huge mess for months while we waited for concrete. Are we going to deal with construction for months and months, and my kid is going to fall in a hole?”

“I can tell you with this company …,” Zimmer said, referring to Verslues Construction.

“I’ve seen this company’s work,” Emily said, cutting off Zimmer.

“I’ve never had a problem with them,” Zimmer said.

“I’m sick of messing around,” Emily said. “I’m sick of coming to these meetings. I’m sick of everything. We never had a problem before the road was paved. These people can say what they want. Did they see the road before? Did they watch the water before? I don’t think any of us did because it wasn’t an issue.”

“I understand what you are saying but put yourself in the Board of Trustees’ shoes; they can’t disregard the engineering reports,” Nickolaus said.

Emily asked if it was possible to get Verslues Construction to come back to the job site and explain to her and Cyle exactly what they wanted to do and why.

Trustees agreed this was a good idea, and Mayor Knoll offered to reach out to Verslues Construction to see if they could draw up a map of exactly what they wanted to do to give everyone a better visual of the project.

“I’m really not trying to be a pain in the ass, but it’s been four years, and we’ve spent a ton of money,” Emily said. “We tore up our whole yard, put dirt down, and planted grass seed, and now this easement would tear all of that back up.”

Trustees repeated they would reach out to Verslues Construction and call a special meeting as soon as possible.

Emily left the meeting, and trustees moved on to other issues. Before the end of the meeting, Cyle Reinkemeyer came into City Hall with a copy of the estimate from Verslues Construction and asked trustees to explain the plan to him in person.

Knoll explained that the plan was to reach out to Verslues Construction, have them work up a map, and meet with trustees and the Reinkemeyers to go through the plan so everyone could see things more clearly.

“Does he 100 percent guarantee this to work, or are we throwing away $20,000?” Cyle asked.

“The thought was that we had four different bids, and they all came back with the same game plan,” Kaesik repeated. “We are fairly confident this is the fix. The engineers pointed out issues that are related to structures on the property itself. I don’t think anything on the city’s end is 100 percent because there are some other issues that they noted, but I think we are all confident in this proposal.”

Cyle argued that he would insist that the construction company sign a notarized contract that outlined their responsibilities. He also said he would be open to the plan if there were no grate in the front of his house.

“My number one concern is the grate,” Cyle said.

“I don’t think there is a way to do it without the grate,” Knoll replied.

“We have four engineers/contractors that have all come to the same conclusion,” Nickolaus said. “All four said grinding down the roads wouldn’t fix the problem.”

“Then why wasn’t there a problem before?” Cyle asked.

Nickolaus asked Cyle if he wanted the road put back into its original state, and Cyle answered that he thought that would solve the problem.

“The village is not going to do that,” Nickolaus said.

“But we are going to piss away $30,000?” Cyle asked.

“The village has four engineers that say this is the way to go,” Nickolaus responded.

“We’re just throwing money away,” Cyle said.

“That’s what you say, but four engineers say this is the way to fix things,” Nickolaus said. “It’s really you and your wife’s opinion against four engineers.”

“I’m sure if it was your house, you would be throwing a fit, too,” Cyle said.

“I would, but I would also trust what the engineers say because that is what they do for a living,” Nickolaus said.

Cyle responded that Freeburg’s insurance provider, Missouri Public Entity Risk Management Fund (MOPERM), has been in touch with him and Emily and said they believe the problem is the street and have offered to pay for 50% or more of the repairs to the house.

Zimmer responded that was a good thing for the Reinkemeyers, who in June presented trustees with an estimate from Timberline Construction Services that estimated that their house needed $75,000 worth of repairs.

Nickolaus was undeterred and said the question was how to fix the problem.

Cyle responded that he believed the solution was to take the street back down to where it had been originally.

“The village is not going to do that,” Nickolaus repeated. “These guys would be reckless to vote for something the engineers say won’t work. So, you’re left with the solution that they’ve got.”

Zimmer added that if the Reinkemeyers met with Verslues Construction, they might feel better about the project.

“I just wish it would be seen from my point of view as the homeowner,” Cyle said. “To have to live there and deal with all the drainage ditches around our house. That pisses me off. No, I’m not going to sign an easement for my yard, and neither is Dion (the Reinkemeyer’s neighbor, Dion Becker).”

Nickolaus asked Cyle if he was serious about not signing the easement.

“Yes,” Cyle answered. “It’s not my issue to fix. It shouldn’t be in my yard.”

“The village is saying to you we want to negotiate, and you’re saying it’s my way or no way?” Nickolaus asked.

“No one is negotiating with me,” Cyle said. “I’ve been trying to negotiate for four years.”

Nickolaus again asked Cyle if he was serious about not considering the easement for the storm drain.

“I’m not against looking over the plan,” Cyle said.

“What’s the point of the plans if you are not going to sign the easement?” Nickolaus asked. “The village is just going to do what the village has to do.”

Zimmer asked fellow trustees if they would need to consider a way around the easement.

“No,” Nickolaus said. “You condemn the property for the easement. Eminent domain can take the easement. That’s what the village is going to have to do because the village has to do something about the water problem. The only way to fix this, per the engineers, is with an easement.”

Cyle asked why the water couldn’t be directed in another direction, off his property.

“I don’t know why,” Nickolaus answered. “Why don’t you go get an engineer to look at it? I’ve got four engineers that say this will work; what do you have?”

Cyle responded that he had a messed-up house.

“They are sitting here trying to fix your problem,” Nickolaus said of the trustees. “You are saying ‘no, it has to be my way.’”

Zimmer asked if the Reinkemeyers would meet with trustees and Verslues Construction to look at the proposed solutions.

“I’ll listen,” Cyle said. “I’m just opposed to all the drainage going through my property. We’re going to spend another $20,000, and we’re not sure this is going to work.”

Zimmer explained that he thought that this solution was well thought-out and had a good chance of fixing the problem.

“None of (the engineers) believed that milling down the road would solve the problem,” Kaesik said. “If we could have milled down the road and made it work, we would have.”

“What’s the next step if this doesn’t work?” Cyle asked.

“No one gave us a crystal ball, just like you,” Kaesik explained. “We have to go off what people who are smarter than us have told us.”

Cyle asked if he needed to hire an attorney.

Zimmer answered that it has always been his right, and if he does hire an attorney, to have them contact Nickolaus.

Remaining business will be presented next week.