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MINUTES
– MORRIS CITY COUNCIL – REGULAR MEETING – JUNE 12, 2007
The
regular meeting of the Morris City Council was called to order at 5:15 p.m.
this 12th day of June, 2007, by Mayor Giese in the Council Chambers
of the Morris Senior Citizens/Community Center.
PLEDGE
OF ALLEGIANCE: The Pledge of
Allegiance was recited.
ROLL
CALL: Roll call was taken with
the following members present: Council
member Carrington, Webster, Miller and Mayor Giese. Council member Storck was absent. Also present was City Manager Larson, Finance Director
Krosschell, Public Works Director Dittbenner and City Attorney Glasrud.
READING
AND APPROVAL OF MINUTES: 5/22/07
Regular Meeting Minutes:
Council member Webster moved, seconded by Miller, to approve the 5/22/07
regular meeting minutes. Motion
carried.
5/22/07
Condensed Version: Council
member Webster moved, seconded by Carrington, to approve the 5/22/07 condensed
version minutes. Motion carried.
AUDIT
OF CITY BILLS: Council member Miller
moved, seconded by Webster, to authorize payment of the City bills dated June
12, 2007. Motion carried.
Pay
Estimate #8 – West 4th/8th Streets: Mayor Giese moved, seconded by Council
member Miller, to authorize payment of $125,445.60 to Riley Bros. Construction
for work on West 4th and 8th Streets & Alley Main
Trunk Sewer. Motion carried.
Pay
Estimate #1 – West 6th Street: Council member Carrington moved, seconded by Webster, to
authorize payment of $62,975.50 to Riley Bros. Construction for work on West 6th
Street and Lyndale Avenue. Motion
carried.
Pay
Estimate #1 – Parking Lot Reconstruction: Council member Miller moved, seconded by Webster, to
authorize payment of $21,483.73 to B.G. Amundson Construction for work on the
City Center Parking Lot Rehabilitation.
Motion carried.
CITIZEN’S
COMMENTS: Residents of West 4th
and 5th Street were present at the meeting to discuss issues from
the heavy rain on June 2nd.
Ron Davis,
who purchased a house at 105 West 4th Street the day before the rain
came, showed the council pictures of the sewer back up in the basement. Davis stated the sewer system is not
working in that area of town and asked what the city could do to put a band aid
on to make it work. Davis
indicated the rainfall that weekend was only a 4” rain.
Janette
Brown, 310 West 4th Street, indicated she had the same problem that
weekend, but prior to that had only had a little bit of water one time. Brown noted, however, that City
Engineer Fier indicated her service line comes in off of Washington. Charlie Glasrud noted there were
problems along his street as well, which is West 7th, between Idaho
and
Nevada. Glasrud noted some of them
had installed backflow valves at their own expense and were spared the sewer
back up.
Rick
Grossman, 209 West 5th Street, stated this is the third time he has
had sewer back up. Grossman
explained this time he had 10” of sewer and lost his hot water heater, washer,
dryer, clothes and many other things.
David
Fluegel, 206 West 7th, stated he had 16” of sewer.
Lisa
Manney, 404 West 5th, stated her residence plus three other
neighbors that she knows of also had sewer. Manney noted she took a towel and shoved it in her drain
with a stick to prevent more from coming in.
Mike
Lawler, 108 West 4th Street, indicated he has lived there since 1981
and has had water in the basement five times. Lawler stated after the new sewer project was done, people
in that area were led to believe that some of this stuff would be alleviated. Lawler’s opinion is that is has gotten
worse. Lawler stated he knows to
call and get someone from the city out to start pumping a manhole. Lawler also stated that 2-3” of rain is
not considered a major rain.
Lawler stated he felt if there would have been a pump in the manhole at
7:00 in the morning it wouldn’t have been a problem because it was clear water
at that time. Lawler indicated the
new sewer was supposed to help the infusion of water because the old lines were
cracked.
Public
Works Director Dittbenner stated there was an inflow and infiltration problem
on the west side of town so rain water was somehow getting into the sanitary
sewer, more than likely from Highland Homes addition. Dittbenner stated city staff began working between 7:30 and
8:00 a.m. Dittbenner pointed out
it wouldn’t matter if they put in bigger pipes for the water to flow faster,
the pipe itself was plum full.
Dittbenner stated they hope to line some manholes this summer. Dittbenner noted the houses in the
Highland Homes addition probably have their sump pumps or drainage tile piped
right into the sanitary sewer.
Grossman stated he thought that was illegal. Glasrud noted he thought some smoke testing was done a
number of years ago. Lawler stated
he thought in the past there had been an inspection of sump pumps. Mayor Giese noted the new sewer
certainly would help if the water had been coming in because of bad pipes.
Giese
asked if the city’s insurance would apply in these cases. Tom Quam, the city’s agent from Bremer
Insurance, was present at the meeting and stated claims can be submitted but in
order for them to be paid it would have to be proven that the city was at
fault. Quam indicated that all
claims would be looked at by an adjuster.
Grossman stated if he turns in another claim to his insurance company they
have said they will drop him from coverage and asked if the city would help him
instead. Quam again stated the
city has to be at fault, but Grossman could submit a claim.
Council
member Webster asked if it was an engineering flaw. Larson explained this has been a long standing problem that
originates with Highland Homes addition.
Larson stated the suspicion is that there were a lot of homes built with
the foundation drainage tied directly into the sanitary sewer and there is also
no storm sewer in that addition, except by Dave Wente’s. Larson pointed out there is such a
velocity of water coming in that anything coming at it from a right angle can’t
enter the pipe. Larson noted until
the Highland Homes area is corrected there is a potential to have problems. Larson stated that this project is on
the capital improvement schedule for 2010. Larson explained there is a manhole on West 8th
and Park Avenue and if the city were to plug the line continuing downstream and
pump like crazy out of there, it maybe wouldn’t get to these areas.
Brian
Moser, 101 West 4th Street, stated he talked with Mohr Plumbing and
they suggested a check valve solution, which would cost $250. Moser noted that may not work if there
is a slow build up and not enough pressure to close the value, but it could be
a fairly inexpensive way to work at the problem. Moser stated none of them expected this kind of problem
after paying the assessment for having everything done in front of their
homes. Mike Lawler stated he
thought the house between the corner and Ron Davis’ was built with a provision
that there be a physical shut off valve in the house. Lawler noted years ago when that area first had trouble
there was so much pressure it would still push the water up to the stem of the
valve.
Glasrud
suggested the council decide how aggressive they want Public Works Director Dittbenner
to try to find out what’s going on in Highland Homes addition. Glasrud stated maybe notice needs to be
given and all sump pumps inspected.
Moser noted most people don’t realize how it affects those downstream
from them. Lisa Manney suggested checking
sump pumps the same time as the meters are inspected. Lawler stated he thought ten years ago the city had checked
all the cross connections and eliminated them and that there was some smoke
testing done. Larson noted that
was done on West 9th and 10th but not Highland
Homes.
Moser
stated they have spent hours on this mess, including watching for mold so it
doesn’t affect their daily living.
Glasrud noted someone on his street had a claim in excess of
$5,000. Manney stated the last
time she had a claim it was well over $5,000 and she doesn’t have a finished
basement.
Ron Davis
asked if the engineer held any responsibility for the design of the project and
if they had some type of performance bond. Glasrud stated that would include the design of each home in
Highland Homes and those houses have been there for a long time. Moser asked how the problem could be
fixed if no one knows what it is.
Dittbenner stated it is the inflow coming from the west side of
town. Moser asked if there was
another outside source for the water getting in the system. Dittbenner stated just ground
water. Larson stated he does not
believe the infiltration is coming from faulty pipe.
Webster
asked about moving the project up in the capital improvement plan. Larson indicated the council will have
to discuss that come budget time in the fall. Larson estimated the project would take at least two
years. Moser asked what the city
suggested they do. Larson
indicated city staff will look at throwing sand bags down that manhole and see
what happens. The water could then
be pumped out to the storm sewer on Park Avenue that runs into Lake Crystal. Larson stated the first time there is
another heavy rain city staff will have to be more diligent. Davis asked if the city would pay for a
check valve. Larson stated he
would rather wait and see what the insurance company would do. Larson indicated as part of the meter
audit sump pumps could be looked at to see where they are connected and
draining out to and catalog the information. Council member Miller stated it is a big cycle and is
probably going to be a problem until there are catch basins and a storm sewer
system that’s going to catch it.
Mayor
Giese stated there is no quick fix to the situation. Lawler suggested the city have someone on standby at all
times. Dittbenner indicated there
is no one on standby and that is something the old public works director tried
to get rectified years ago. Larson
stated the problem isn’t instantaneous and city staff probably has an hour or
two to begin working on it. Giese
asked if that was a reasonable amount of time. Dittbenner stated it is, if he has someone around.
Lawler
asked if a follow-up could be done so they can keep informed. Giese stated the council will discuss
having a mandatory check of sump pumps for the whole town, not just Highland
Homes addition, and devise a plan to block off that manhole when there is a
downpour. Glasrud asked if the
tearing up of West 6th Street helped contribute to the problem. Larson stated no. Janette Brown asked about the open hole
at the Habitat for Humanity house.
Larson stated it certainly didn’t help anything.
Larson
explained part of the strategy in redoing the west side was to do the
downstream things first like West 7th, 4th & 8th
and now 6th. The next
one is the big one, which is Highland Homes. Larson stated it wouldn’t have made sense to do Highland
Homes and then bring everything into a deteriorating system.
Lawler
asked why working was being done on the end of West 8th Street right
away Saturday morning. Chris
Riley, who was present at the meeting, stated they were working on the
extension of the sewer and found that when the county had added drain tile and
catch basins they had actually covered them with steel plates which backed up
the water in that area.
Mayor
Giese thanked everyone for coming, noting that it is an unfortunate
circumstance that brought them to the meeting. Moser asked what the recourse was if the city’s insurance
doesn’t pay. Larson suggested they
cross that bridge when they come to it.
On another
matter, Rick Grossman asked if the city would entertain the idea of driving
four wheelers in town with gas prices being so high. Mayor Giese noted he would talk with Police Chief
Beauregard.
ORDINANCES
AND RESOLUTIONS: Public
Hearing and Second Reading of Ordinance No. 73: This ordinance would convey real property in the city of
Morris to Donald Wohlers. Mayor
Giese opened the public hearing at 6:02 p.m. There being no comments from the public, Mayor Giese closed
the public hearing at 6:03 p.m. and brought the matter back to the council for
action.
Council
member Miller moved, seconded by Webster, to accept this as the second reading
and adopt Ordinance No. 73, An Ordinance Conveying Real Property to Donald D.
Wohlers. Voting was as follows:
Council
member Carrington aye
Council
member Webster aye
Council
member Miller aye
Council
member Storck absent
Mayor
Giese aye
With all
present voting in favor, motion carried.
Public
Hearing and Second Reading of Ordinance No. 74, An Ordinance Repealing Section
10.71, Noise Pollution Regulations of the Morris City Code: Mayor Giese opened the public hearing
at 6:04 p.m.
City
Attorney Glasrud suggested motorcycle be added to item B under Subd. 3 and item
H be broadened to include the word “sound” in addition to music or other
entertainment. Mayor Giese closed
the public hearing at 6:08 p.m. and brought the matter back to the council for
action.
Council
member Carrington moved, seconded by Webster, to accept this as the second
reading and adopt Ordinance No. 74, An Ordinance Repealing Section 10.71, Noise
Pollution Regulations of the Morris City Code with the above mentioned changes. Voting was as follows:
Council
member Webster aye
Council
member Carrington aye
Council
member Storck absent
Council
member Miller aye
Mayor
Giese aye
With all
present voting in favor, motion carried.
Public
Hearing and Second Reading of Ordinance No. 75, An Ordinance Amending Section
7.11 and Section 10.21 of the Morris City Code: Mayor Giese opened the public hearing at 6:10 p.m. Sue Granger stated this ordinance was
forwarded to the council from the Planning Commission, who had received a
request from someone to plant prairie grasses. Council member Miller asked what the current process is for
someone with long grass.
Dittbenner indicated if a property is found to have long grass they are
sent a letter and instructed to mow it within seven days from the date of the
letter. If nothing happens, the
city mows it for a charge. Giese
asked if multiple letters are sent over the mowing season or just one. Dittbenner indicated only one letter is
sent and if it is not kept up the city mows it.
Mayor
Giese closed the public hearing at 6:11 p.m. and brought the matter back to the
council for action.
Council
member Miller moved, seconded by Mayor Giese, to accept this as the second reading
and adopt Ordinance No. 75, An Ordinance Amending Section 7.11 and Section
10.21 of the Morris City Code.
Voting was as follows:
Council
member Miller aye
Council
member Storck absent
Council
member Carrington aye
Council
member Webster aye
Mayor
Giese aye
With all
present voting in favor, motion carried.
Review
of Insurance Renewal Proposal and Resolution Accepting the Same: Tom Quam of Bremer Insurance Agency was
present at the meeting to present the city’s insurance renewal proposal. Quam stated the option for no fault
sewer and back up coverage would cost the city 8.5% of the liability insurance
premium. Quam stated it is
unfortunate but these types of things are usually handled by the homeowner’s
individual policy. Mayor Giese
asked if that option could be added at a later time. Quam stated it could be added at anytime.
Quam
reviewed the premium summary, noting the total renewal premium is
$169,266. Quam stated the
predominant increase came in property rates. The city has blanket real and personal property coverage of
$21,169,673. Quam highlighted the
pertinent items in the property, liability, law enforcement liability, public official’s
errors and omissions, airport, commercial crime, equipment floater, automobile
and boiler & machinery.
Quam
stated with regard to the work comp insurance, last year the city increased
their deductible to $2,500.
Although it wasn’t money saving for the city last year, based on the
average it does work. Quam
indicated the city’s mod rate of .98 is 2% better than the average for
cities.
Glasrud
pointed out in the information on the ground lease with U of M, the city’s bike
path is listed as having coverage of $1,000,000/$3,000,000. Quam noted currently it is covered for
$1,000,000/$2,000,000 but could be increased if the city wanted.
Quam
pointed out the city did not waive the municipal liability coverage limits and
the application for this has already been signed.
Council
member Webster stated he feels the city should keep the same work comp
deductible in spite of the anomaly.
Council
member Webster moved, seconded by Mayor Giese, to adopt Resolution #2821-5-07,
Resolution Accepting Insurance Renewal Proposal continuing with the $2,500
deductible on the workers’ compensation insurance. Voting was as follows:
Council
member Storck absent
Council
member Miller aye
Council
member Webster aye
Council
member Carrington aye
Mayor
Giese aye
With all
present voting in favor, motion carried.
PETITIONS,
REQUESTS AND COMMUNICATIONS: HRC
Meeting Minutes, 5/23/07:
Council member Webster moved, seconded by Carrington, to accept the
5/23/07 HRC meeting minutes.
Motion carried.
Raffle
License Report: Mayor Giese
moved, seconded by Council member Webster, to accept the raffle license report
from Morris Area Post Prom. Motion
carried.
Gambling
Reports: Council member Carrington
moved, seconded by Miller, to accept the gambling report from the American
Legion. Upon a roll call vote
taken with three voting in favor, one absent and Mayor Giese abstaining, motion
carried.
Mayor
Giese moved, seconded by Council member Miller, to accept the gambling report
from the Morris Eagles. Motion
carried.
Application
for Exempt Permit: Council
member Miller moved, seconded by Carrington, to approve the application for
exempt permit from the Morris Rifle Club for a raffle to be held on August 12,
2007. Motion carried.
Application
for Exempt Permit: Mayor Giese
added this item to the agenda. Council
member Carrington moved, seconded by Webster, to approve the application for
exempt permit from the Assumption Catholic Church for bingo and a raffle to be
held on September 16, 2007. Motion
carried.
CITY
MANAGER’S REPORTS & RECOMMENDATIONS: Authorization to Enter Into Ground Lease Agreement with
UMM: Larson explained the city
was first approached last year about the possibility of the West Central
Research and Outreach Center buying some land in PDT Park for a lookout. The idea of the sale was accepted by
the council and a price of $1,000 per acre was set. Since working on the completion of the sale it has been
learned that a provision from the state is preventing the sale of the
land. The provision states that
any sale of any portion of the park land would result in the entire park
reverting back to the state. The
University is now proposing to lease the land for 99 years under the same terms
and conditions of the proposed sale, meaning they would pay $14,250 in rent for
the land.
Jerry
Wright, Interim Director of the WCROC, was present at the meeting and stated
the real estate office has been working on this matter and have drafted a lease
for the council. Wright indicated
plans are moving forward on the design of the overlook.
Glasrud
again asked about the liability limits on the bike path, noting the council
could approve the $1/$2 million limit or bump it up to the $1/$3 million the
University has proposed.
Krosschell suggested an option to find the cost to increase the liability
limits on just that parcel of land.
Wright suggested any changes be negotiated with Ginger or Susan in the
real estate office.
Council
member Carrington moved, seconded by Webster, to authorize City Manager Larson
to enter into the lease with the U of M on behalf of the City and change the insurance
coverage under Section 8.2 to a $1,000,000/$2,000,000 liability limit for the
bike path. Voting was as follows:
Council
member Webster aye
Council
member Carrington aye
Council
member Storck absent
Council
member Miller aye
Mayor
Giese aye
With all
present voting in favor, motion carried.
City
Manager Larson indicated he would contact the real estate office at U of M with
the above mentioned change.
Authorization
to Enter Into an Agreement with the City of Hancock: Larson indicated the city council is
asked to enter into an agreement with the city of Hancock for funds under the
state administered Small Cities Development Program grant. Since the application has been funded
an agreement is needed to outline the conditions under which the two cities
will operate.
Mayor
Giese moved, seconded by Council member Webster, to authorization the City
Manager to enter into the Agreement with the City of Hancock on behalf of the
City of Morris. Voting was as
follows:
Council
member Miller aye
Council
member Storck absent
Council
member Carrington aye
Council
member Webster aye
Mayor
Giese aye
With all
present voting in favor, motion carried.
Request
to Defer Assessments: Larson
explained he received a phone call from Dorothy Krosch, who owns a vacant lot
on West 4th Street.
This lot was one of the parcels included in the special assessments that
were levied for the improvements that were made. Because of this, the taxes on this property have increased
from $58 to almost $900. Larson
indicated Mrs. Krosch has applied for a deferral under undeveloped property, as
her sole source of income is social security.
Webster
asked how long the deferral is for and if it goes back on the books once it is
sold. Webster believes it is
prudent to defer the assessment.
Giese suggested the deferral be tied to the sale or transfer of the
property. Larson indicated the
council also needs to decide how the interest should be handled. Webster stated he feels it is a good
idea to waive the interest as an incentive to build.
Council
member Webster moved, seconded by Carrington, to approve deferral of the
assessment under M.S. 429.061, Subd. 2, Undeveloped Property, until
improvements are constructed on the property and to waive any interest on the
assessments. Furthermore, to set a
deadline of fifteen (15) years at which time the assessment becomes due and
payable. Voting was as follows:
Council
member Storck absent
Council
member Miller aye
Council
member Webster aye
Council
member Carrington aye
Mayor
Giese aye
With all
present voting in favor, motion carried.
Revolving
Loan Made to Aaron Carlson Woodwork and Notice of Tax Abatement Default: Larson began by reviewing the history
of this matter. Larson explained
in 1997 Aaron Carlson Woodworking started operations in Morris. The city applied for and received a
$95,000 grant from DTED, which they then loaned to Aaron Carlson for assistance
in getting started. When Aaron
Carlson repaid the loan to the city, the city was able to keep the monies along
with any interest paid. This money
was used to start the city’s revolving loan fund and over the years has
provided assistance to many businesses.
As part of this grant Aaron Carlson was required to create and retain 15
jobs, which they did.
Eventually
Aaron Carlson expanded their operations and the city again applied for and
received a $100,000 grant from DTED.
The job requirement for the second grant was 20. Gap financing of $25,000 from the city
was offered, conditioned upon the same requirement of 20 new jobs. The city also provided a tax abatement
program for ten years, of which three are left. Larson stated Aaron Carlson experienced difficulty in
creating the additional 20 jobs and the $100,000 grant had to be repaid to the
state. What was left outstanding
was the $25,000 loan that the city had made.
With
repayment of the original $95,000 there was an overpayment of $1,880 by Aaron
Carlson, which was retained by the city.
Essentially they owe $25,000 minus the $1,880 overpayment. Aaron Carlson’s argument has been that
they had difficulty in creating the additional 20 jobs due to a shortage of
skilled labor in the Morris market and other economic issues.
Larson
suggested that the council could consider writing off the loan, keep the $1,880
overpayment and cancel the remaining $10,200 in abatements. Webster asked if the city could
negotiate a new tax rate to absorb the additional $23,120 once the tax
abatement has ceased. Mayor Giese
stated this has obviously gone on for a long time
and
suggested the best way to handle it may be to consider keeping the $1,880 plus
the $10,200 in abatements and wipe the slate clean. Giese indicated this process did allow the city $95,000 in
revenues to use for the revolving loan fund. Council member Miller disagreed, noting that something
should be done to collect the balance of $23,800; otherwise a path is being
set. Glasrud stated the council
would have to explain to people why this wasn’t enforced. Larson asked what legal leverage the
city would have. Glasrud stated
the city could assume on the note.
It was the
consensus of the council to think about this item and bring it back at the next
meeting.
NEW
BUSINESS: Nuisance Problem: Larson stated the Charles Gorres
residence at 707 Lyndale Avenue has accumulated a number of items including
five cars, a boat, a travel trailer, a pickup truck and another trailer. A letter was sent to Mr. Gorres on May
21st asking that he clean up the property but to date nothing has
been done.
Council
member Miller moved, seconded by Webster, to proceed with enforcement of the
building code with regard to nuisance properties and direct City Attorney
Glasrud to draft a letter requesting that the area be cleaned up seven (7) days
from the date of the letter. If it
is not done, the city will hire someone to do so. Motion carried.
OLD
BUSINESS: Appointment to
Search Committee: Mayor Giese
moved, seconded by Council member Miller, to appoint Judy Riley and Mary Jo
Hoffman to the city manager search committee. Motion carried.
PDT
River: Mayor Giese asked if
Larson had a chance to talk with the DNR about the area below the dam. Larson stated he would contact the DNR
in Fergus Falls.
Gullickson
Property: City Engineer Fier
stated he met with Gullickson a month ago and asked him to run his sump pump
hose outside. Fier has not heard
anything back from Gullickson since that time. Fier indicated there were some fairly severe changes to the
lay of the land when the East 10th Street project was done.
Memo
from Josh Fischer: Mayor Giese
asked that this item be put on the next agenda.
INFORMATIONAL
ITEMS: 5/24/07 Worksession
Minutes: Mayor Giese moved,
seconded by Council member Webster, to approve the 5/24/07 worksession
minutes. Motion carried.
May
Transit Report: This was
informational for the council.
ADJOURNMENT: There being no further business, Mayor
Giese adjourned the meeting at 7:22 p.m.
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