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MINUTES–MORRIS CITY COUNCIL–REGULAR MEETING–NOVEMBER 27, 2007

The regular meeting of the Morris City Council was called to order this 27th day of November, 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, Storck and Mayor Giese.  Also present was City Manager Hill, Finance Director Krosschell, City Engineer/Surveyor/Inspector Fier, Public Works Director Dittbenner and Fleet Manager Searle.  Fire Chief Storck was present for a portion of the meeting.

ADDITIONS TO AGENDA:  Mayor Giese added the following items to the agenda:  1)Application for Exempt Permit for St. Mary’s School; 2)Resolution Providing for the Issuance and Sale of $655,000 G.O. Bonds; 3)Resolution Approving an Amendment to the Bylaws of the Morris Fire Department; 4)Resolution Approving a Grant Agreement with the MN DNR for Fire Equipment. 

READING AND APPROVAL OF MINUTES:  11/13/07 Regular Meeting Minutes:  It was noted that the first paragraph of the minutes should reflect Mayor Giese, not Mayor Wilcox.  Council member Webster moved, seconded by Miller, to approve the 11/13/07 regular meeting minutes with this change.  Motion carried.

11/13/07 Condensed Version:  Council member Carrington moved, seconded by Webster, to approve the 11/13/07 condensed version minutes with the same change as mentioned above.  Motion carried.

AUDIT OF CITY BILLS:  Council member Miller moved, seconded by Webster, to authorize payment of the City bills dated November 27, 2007.  Motion carried.

CITIZEN’S COMMENTS:  None

PETITIONS, REQUESTS AND COMMUNICATIONS:  SCMC Administrative Report:  Mayor Giese moved, seconded by Council member Storck, to accept the October administrative report from SCMC.  Motion carried.

Gambling Reports:  Council member Carrington moved, seconded by Mayor Giese, to accept the gambling reports from the Morris Eagles, West Central Trailblazers and Met Lounge.  Motion carried.

Council member Miller moved, seconded by Storck, to accept the gambling report from the American Legion.  Upon a roll call vote taken, with all voting in favor and Mayor Giese abstaining, motion carried.

Annual LCSC Board Election:  Council member Webster moved, seconded by Storck, to vote for Bob Block and Donna Quart on the 2007 CCOGA Election Ballot for LCSC.  Motion carried.

WACCO Celebration:  The council was informed that this has been cancelled and rescheduled to sometime in January.      

Application for Exempt Permit:  Council member Miller moved, seconded by Webster, to approve the application for exempt permit from St. Mary’s School for a raffle with a drawing to be held on February 9, 2007.  Motion carried.

ORDINANCES AND RESOLUTIONS:  Public Hearing and Resolution Adopting Assessment – West 6th Street:  City Manager Hill stated the city has received two written objections to the proposed assessment, but one of which was an objection to water and sewer charges that the property owner was not even assessed for.  Hill noted if the council passes the assessment resolution, property owners can appeal the decision to the district court. 

Mayor Giese opened the public hearing at 5:29 p.m. City Engineer Fier noted the project is not completely finished, there is some boulevard seeding left to do and some remedial work on driveways and sidewalks, all of which will be finished in the spring.  Fier stated there are four assessments for the project – water, sanitary sewer, curb & gutter and sidewalk. Fier indicated the procedure used for the assessments is the same one that has been used for the past 27 years. 

Neil Simonson, representing Paul and Zoe Bankord, was present at the meeting.  Simonson stated the straw that broke the camel’s back for Bankord’s is that this is the second assessment in two years.  Simonson indicated that Bankord does not get a benefit that equals his cost of the assessment.  Simonson argued that there is no basis to assess multiple unit dwellings more than a business or a house and suggested the ordinance be changed from a rate of .75 for multiple units to a rate of .50.  Simonson asked that the council consider some equitable way of readjusting this, rather than trying it in district court. 

Paul Bankord stated he owns Dormer Apartments.  Last year he was charged with an assessment of $16,883 for his home and business, which he was okay with, but now has another assessment for $16,552.  Bankord stated he is looking for a code change to the multiple family unit assessment formula.  Floyd Schmidgall was present at the meeting and would also like to see a change made to the formula. 

There being no further comments from the public, Mayor Giese closed the public hearing at 5:47 p.m.

City Manager Hill explained if the formula is changed, more of a burden will be placed on the single family home owner.  Hill indicated assessments are figured differently everywhere and Morris property owners pay nothing for the road itself.  Hill noted multiple family units are a business and rent is charged based on the number of units.  Hill indicated with this particular assessment there is no way to refigure it and if it were to be changed the city taxpayers would bear the cost of the difference.  Hill suggested taking a look at including the cost for roads in future assessments. 

Public Hearing and Resolution Adopting Assessment – West 6th Street: (continued)

Storck noted that when people are buying property they should ask questions about when the streets, water and sewer will be replaced.  Bankord stated there are only two towns in the state that have this type of assessment formula, most figure it by linear footage or tax value.  Fier indicated in notes from city intern Amanda Minion it shows that Fergus Falls and Alexandria use a .80 formula.  Considerable discussion was held.

Council member Carrington stated his only problem with the assessment for Bankord is that he came before the council and asked that the formula be looked at and that wasn’t done.  Mayor Giese indicated he doesn’t disagree with Carrington that there was a miscommunication, but according to the April 10th minutes it was the council’s consensus that the city’s numbers weren’t that out of whack.  Miller agreed that the council felt the numbers were in the ballpark in comparison with other cities but that the council had planned to get together with Bankord’s & Smith’s. 

Hill pointed out that the assessment for the Wolberson property should be deferred until such time as improvements are made on the property at 510 West 5th Street. 

                    

Council member Miller moved, seconded by Storck, to adopt Resolution #2746-11-07, Resolution Adopting Assessment – West 6th Street and Lyndale Avenue.  Furthermore, to defer the Wolberson assessment until such time as improvements are made on the property.  Voting was as follows:

                     Council member Webster                  aye

                     Council member Carrington               aye

                     Council member Storck                     aye

                     Council member Miller                      aye

                     Mayor Giese                                   aye

With all voting in favor, motion carried.

Webster recommended the system be changed, but felt this assessment could not be fixed without a great upheaval. 

Public Hearing and Second Reading of Ordinance No. 77, An Ordinance Adding Section 2.62 to the City Code, Establishing a Rental Housing Commission:  Mayor Giese opened the public hearing at 6:14 p.m.  There being no comments from the public, Mayor Giese closed the public hearing at 6:15 p.m. and brought the matter back to the council. 

Council member Miller moved, seconded by Webster, to accept this as the second reading and adopt Ordinance No. 77, An Ordinance Adding Section 2.62 to the Morris City Code Establishing a Rental Housing Commission.  Voting was as follows:

                     Council member Miller                      aye

                     Council member Storck                     aye

                     Council member Carrington               aye

                     Council member Webster                  aye

                     Mayor Giese                                   aye

With all voting in favor, motion carried.

Resolution Assessing Costs of Additional Sewer Connections Petitioned to be Provided and Assessed for West 8th Street:  Hill explained two property owners along West 8th Street, Curt and Mary Quisberg and the Evangelical Free Church, petitioned the city to have work done connecting them to the sewer system.  Hill noted because they requested the work there was not a requirement for a hearing.

Council member Carrington moved, seconded by Mayor Giese, to adopt Resolution #2747-11-07, Resolution Assessing Costs of Additional Sewer Connections Petitioned to be Provided and Assessed for West 8th Street.  Voting was as follows:

                     Council member Storck                     aye

                     Council member Miller                      aye

                     Council member Webster                  aye

                     Council member Carrington               aye

                     Mayor Giese                                   aye

With all voting in favor, motion carried.

Resolution Approving an Amendment to the Bylaws of the Morris Fire Relief Association:  Fire Chief Storck indicated this resolution would increase the annual benefit amount from $1,350 to $1,500, and take effect January 1, 2008.  Storck noted funding is available to bump up the annual benefit amount.  Miller explained the resolution also addresses another housekeeping item with regard to a lump sum survivor benefit. 

Council member Storck moved, seconded by Miller, to adopt Resolution #2748-11-07, Resolution Approving an Amendment to the Bylaws of the Morris Fire Relief Association.  Voting was as follows:

                     Council member Carrington               aye

                     Council member Webster                  aye

                     Council member Miller                      aye

                     Council member Storck                     aye

                     Mayor Giese                                   aye

With all voting in favor, motion carried.

Resolution Identifying “Slum and Blighting” Conditions:  Council member Miller moved, seconded by Storck, to adopt Resolution #2749-11-07, Resolution Identifying “Slum and Blighting” Conditions at the property located at 507 West 7th Street in Morris.  Voting was as follows:

                     Council member Webster                  aye

                     Council member Carrington               aye

                     Council member Storck                     aye

                     Council member Miller                      aye

                     Mayor Giese                                   aye

With all voting in favor, motion carried.

Council member Carrington moved, seconded by Webster, to adopt Resolution #2750-11-07, Resolution Identifying “Slum and Blighting” Conditions at the property located at 502 West 7th Street.  Voting was as follows:

                     Council member Miller                      aye

                     Council member Storck                     aye

                     Council member Carrington               aye

                     Council member Webster                  aye

                     Mayor Giese                                   aye

With all voting in favor, motion carried.

Resolution Adopting Assessments – Mowing:  Council member Storck moved, seconded by Miller, to adopt Resolution #2751-11-07, Resolution Adopting Assessment for Current Services – Mowing.  Voting was as follows:

                     Council member Storck                     aye

                     Council member Miller                      aye

                     Council member Webster                  aye

                     Council member Carrington               aye

                     Mayor Giese                                   aye

With all voting in favor, motion carried.

Resolution Providing for the Issuance and Sale of $655,000 G.O. Refunding Bonds:  Mark Ruff of Ehlers and Associates was present at the meeting to deliver the results of the bid tabulation.  Ruff stated the winning bid was from Wells Fargo of Rapid City, South Dakota.  This resolution authorizes the refinancing of the 98 G.O bond for library renovations and the 99 G.O. bond for street improvements.  This refinancing reduces the interest rate from between 4 1/2% to 5% to 3.98%.  Ruff indicated this will save the city money up front and over time. 

Council member Carrington moved, seconded by Miller, to adopt Resolution #2752-11-07, Resolution Providing for the Issuance and Sale of $655,000 G.O. Refunding Bonds, Series 2007B.  Voting was as follows:

                     Council member Carrington               aye

                     Council member Webster                  aye

                     Council member Miller                      aye

                     Council member Storck                     aye

                     Mayor Giese                                   aye

With all voting in favor, motion carried.

Resolution Approving a Grant Agreement with the MN DNR for Fire Equipment:  Fire Chief Storck stated this grant money would be used to purchase six radios for the new fire truck.  Hill indicated the city’s share of the cost is 50%. 

Council member Storck moved, seconded by Webster, to adopt Resolution #2753-11-07, Resolution Approving a Grant Agreement with the MN Department of Natural Resources for Fire Equipment.  Voting was as follows:

                     Council member Miller                      aye

                     Council member Storck                     aye

                     Council member Carrington               aye

                     Council member Webster                  aye

Resolution Approving a Grant Agreement with the MN DNR for Fire Equipment: (continued)

                     Mayor Giese                                   aye

With all voting in favor, motion carried.

Resolution Approving an Amendment to the Bylaws of the Morris fire Department:  This resolution would allow for officers of the Fire Department to continue in their positions if no one else is nominated, and to extend the position for an additional three consecutive two year terms.

Council member Webster moved, seconded by Carrington, to adopt Resolution #2754-11-07, Resolution Approving an Amendment to the Bylaws of the Morris Fire Department.  Voting was as follows:

                     Council member Miller                      aye

                     Council member Storck                     aye

                     Council member Carrington               aye

                     Council member Webster                  aye

                     Mayor Giese                                   aye

With all voting in favor, motion carried.

CITY MANAGER’S REPORTS & RECOMMENDATIONS:  Accept Resignation from Planning Commission:  Mayor Giese moved, seconded by Council member Webster, to accept the resignation of Dave Stevenson from the Planning Commission.  Motion carried.

Planning Commission Minutes, 10/16/07:  Mayor Giese moved, seconded by Council member Storck, to accept the 10/16/07 planning commission minutes.  Motion carried.

City Manager Report:  Council member Webster asked if the budget had ever been compared to the comprehensive plan.  Council member Storck suggested the city decorate a motor grader for next year’s Parade of Lights.  Storck also suggested that a map would be nice that shows areas that have been televised, jetted or where upcoming projects would be.    

Delinquent Water Bill List:  The following list of delinquent water bills was presented to the council:

                     Mike Nordquist                4 Skyview Lane                  $122.66

                     Zachary Grant                 103 S California                    121.69

                     Stephanie Gausman         115 S Oregon Avenue           102.48

                     Mike Meka                     8 South Street                      133.39

                     Christian Sell                   12 South Street                      87.91

                     Wilber Gahm                   200 South Street                   106.89

                     Grandview Apts.             100 S Columbia Avenue      1,387.90

                     David Nohl                     201 South Street                   101.80

                     Erik Giese                       111 South Street                     68.24

                     Erik Giese                       3 California Avenue                68.24

                     Peggy Vaneps                11 South Street                     103.42

                     Carol Mohrman               106 East 1st Street                  68.24

                     James Bosch                   301 East 2nd Street                  68.24

                     Fred Geyen                    205 East 2nd Street                155.05

                     Marlene Wagner              304 East 3rd Street                  22.59

                     Paul Myers                     300 College Avenue              108.25

                     Kathy Spandl                  106 East 5th Street                 105.32

                     Mitch Babcock                 209 East 5th Street                 128.83

                     Met Lounge                     24 East 6th Street                    21.30

                     Met Lounge                     26 East 6th Street                  140.69

                     Dale Peterson                 402 East 6th Street                  87.95

                     Paul Pederson                 306 East 7th Street                  50.09

                     Jeff Mangan                    109 East 7th Street                  83.56

                     Carl Moser                      405 East 8th Street                 144.25

                     David Lindberg                101 East 8th Street                  60.64

                     David Lindberg                803 Oregon Avenue                29.99

                     Rodney Giese                 204 East 9th Street                  86.88

                     Joan Geleneau                509 East 7th Street                 124.70

                     Dennis Benson                605 East 7th Street                  81.48

                     Stacey Vig                     512 East 9th Street                 130.82

                     Jason Karch                    900 Arizona Avenue                99.68

                     Holly Johnson                 919 Columbia Avenue             85.52

Council member Miller moved, seconded by Mayor Giese, to follow the usual procedure of turning off the water at the above locations until the bill has been paid.  Motion carried.

ADJOURNMENT:  There being no further business, Mayor Giese adjourned the meeting at 6:48 p.m.

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