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MINUTES–MORRIS CITY COUNCIL–REGULAR MEETING–OCTOBER 28, 2008

The regular meeting of the Morris City Council was called to order at 5:15 p.m. this 28th     day of October, 2008, 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, Public Works Director Dittbenner, Police Chief Beauregard, City Engineer/Surveyor/Inspector Fier and City Attorney Glasrud.

ADDITION TO AGENDA:  Mayor Giese added the appointment of a Human Rights Commission member to the agenda. 

READING AND APPROVAL OF MINUTES:  10/14/08 Regular Meeting Minutes:  Council member Webster moved, seconded by Storck, to approve the 10/14/08 regular meeting minutes.  Motion carried.

10/14/08 Condensed Version:  Council member Miller moved, seconded by Webster, to approve the 10/14/08 condensed version minutes.  Motion carried.

AUDIT OF CITY BILLS:  Council member Webster moved, seconded by Mayor Giese, to authorize payment of the City bills dated October 28, 2008.  Upon a roll call vote taken and all present voting in favor and Council member Storck abstaining, motion carried.

PUBLIC HEARING – Highland Homes Addition:  Mayor Giese opened the public hearing at 5:22 p.m.  City Manager Hill stated this public hearing is being held to talk about the Highland Homes Addition public improvement project scheduled to begin in 2009.  Hill explained the reason the city is doing this project is because the infrastructure in this addition is very old and failing.  A feasibility study was conducted to see if the project was able to be done from an engineering and financing standpoint and it was found that it could be done.  Hill noted the cost estimates to be given at this meeting are only estimates and actual assessments would be based on actual costs. 

Hill explained one additional item with this project is that there is currently no storm sewer in this area and that has created some drainage problems.  Hill pointed out if the council decides to go ahead with this project tonight the next step would be to order plans and specifications as to how the project would be built from an engineering standpoint.  The specifications would then be approved and bids hopefully received sometime in February.  Hill noted during the last project the bids were very favorable and it continues to be a good market for construction work. 

Jeff Kuhn of WSN explained the scope of the project for the Highland Homes Addition.  Kuhn noted that Westview Drive would not have new water and sewer put in because it was not that old.  Kuhn stated the storm sewer is essentially non-existent and there is a new design for drainage.  There are a lot of potholes and deterioration of curb and gutter in this area due to the drainage problems. 

Kuhn explained the plan is to create subtle high and low changes to improve the drainage.  Kuhn stated they are also trying to address the drainage issue in the backyards of many properties. 

Considerable discussion was held on the storm sewer and drainage issues, while residents were also concerned about how the storm sewer would be assessed.  Kuhn explained that the storm sewer would be looked at as a whole and rated for each property on a square foot basis.  Kuhn also noted the city picks up half of the cost of the storm sewer assessment.  Kuhn pointed out the city would be talking with the landowner to the north about the possibility of putting in a pond structure. 

Gary Brunkow expressed his concern about the fact that he was already assessed in 1991 for $569.00 for storm sewer drainage onto Park Avenue.  Hill indicated that was for drainage on the back of his property and there currently is not a system in front of his house. 

Kuhn indicated the project would take place over the whole summer but would be done in phases to allow people access to their homes and provide for traffic flow.  Kuhn stated at no time would all three access points into that addition be cut off.  Kuhn mentioned that if the weather did not cooperate and there were long delays in getting the work done, the project could be moved into a second year. 

Gary Brunkow stated the planning of the city was mind boggling to him because last year he talked to the former City Manager and a city employee and they both told him that this project wasn’t going to be done in the near future.  Brunkow went ahead and replaced his driveway and now wanted to know if the city was going to pay for that once it was torn up.  Mayor Giese indicated that this project has been on the city’s five year plan for at least three or four years.  City Engineer Fier noted that each driveway is treated a little differently and they would consult with each homeowner to make a reasonable transition from their driveway out into the street.  Fier stated that he has worked for the city for 29 years and this project has been talked about on and off for at least 25 of those.

With regard to the concern about access to homes, Fier indicated the city had the same situation when West 4th Street was done.  Fier stated they worked to always allow people to have a way to get close to their property.  Fier indicated it will be written in the specifications that residents be allowed to get to their driveway by 7:00 p.m. each night.  Fier noted they usually work from about 6:30 or 7:00 a.m. until 7:00 p.m.  Fier stated if the weather turns bad and it is really muddy, that may create some problems. 

Irene Maloney asked why this project was being done now when the economy is so terrible.  Kuhn stated the project couldn’t be put off any longer and the city can’t afford to go through another winter without fixing the infrastructure, as there have been several water main breaks in that area.  Hill noted he doesn’t think people would want to go without having water.  Fier also noted the pipe is 40-50 years old and has served its useful life. 

Blaine stated storm sewer does not have to be done but the city is hearing from residents that there are a lot of problems in that area.  Hill stated one thing people may not realize is that drainage of a person’s property is their responsibility, not the city’s.  The city provides the vehicle for drainage, which is the street.  Hill stated the proposed storm sewer system is the solution the city came up with, but the cost has to be borne by the neighborhood because they are the ones that are benefiting from it. 

Kuhn suggested that everyone who is having drainage problems come forward and contact the city so it can be fixed with the project.  Hill stated the project does not include sidewalks, unless the residents of the area wanted them.  For those present it was unanimous that they did not want sidewalks. 

Fier stated if the project goes forward they plan to start around May 10th.  Fier indicated it has to be a two-way street of communication and he encouraged people to let him know if they are having any problems. 

Kuhn reviewed the estimated figures for the cost of the project.  The total project cost is estimated at $2.6 million.  The city pays for 25% of the costs for sanitary sewer and water and 50% of the costs for storm sewer.  The total for sanitary sewer is $401,114, divided by 101 hooks ups for a total of $2,960 per benefiting property.  The water total is $496,710 for a total of $3,660 per property.  The curb and gutter is figured on a lineal foot basis so a typical 100 foot lot at $16.20 per foot would see an assessment of $1,600.  Storm sewer is estimated at $.11 per square foot on a .5 acre lot for a total of $2,300.  The estimated grand total for all four of these utilities is $10,500. 

Hill explained that last year the city had their assessment process challenged so an appraiser was hired to place a value on the city’s projects.  For this project the estimated value is between $12,000 and $18,000.  Hill stated there is value in having new roads, new water and sewer and it does look better.  City Attorney Glasrud noted this value is different from what the County Assessor looks at and the county wouldn’t necessarily ding a property for this amount.  Hill explained the county’s values are based on sales. 

Fier pointed out the storm sewer that was done along Park Avenue in 1991 was sized accordingly and does not need to be redone.  Kuhn explained that if a new development were to take place in the old trailer park it would be too costly for them to tie into the existing system.  There are also new rules in place that would mandate some type of holding pond for any new developments. 

Hill stated the public hearing with the final assessment numbers would take place in the fall of 2009 and the first year to start paying would be on the 2010 taxes.  Hill explained more than likely the assessments would be for a term of 15 years at an interest rate of around 5%.  Hill stated the key point will be when bids are received in February. 

Mayor Giese closed the public hearing at 6:38 p.m.  Mayor Giese stated that sooner or later this project needs to be done and prices are only going to continue to go up. 

Council member Miller moved, seconded by Webster, based on the ongoing drainage problems, the fact that some areas have never had the benefit of water outlets, repairs to the old system are ongoing and costs prohibitive and construction bids have been favorable in the recent past, to adopt Resolution #2832-10-08, Resolution Ordering the Plans and Specifications for the Highland Homes Addition Improvement Project.  Upon a roll call vote taken and all present voting in favor, motion carried.

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

Gambling Reports:  Mayor Giese moved, seconded by Council member Storck, to accept the August 2008 gambling report from the Morris Eagles.  Upon a roll call vote taken and all present voting in favor and Council member Carrington abstaining, motion carried.

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

Council member Miller moved, seconded by Storck, to accept the gambling reports from the West Central Trailblazers, Met Lounge and Morris Eagles.  Motion carried.

ORDINANCES AND RESOLUTIONS:  Resolution Declaring Costs to be Assessed and Setting the Final Hearing for the Oregon & College Avenue Improvement Project:  Hill stated the assessment for this area is being proposed for 15 years at an interest rate of 5%.  Hill noted the parcel specific notices would be mailed out to each property owner and the resolution calls for the hearing to be held at 5:20 p.m. on November 25th. 

City Engineer Fier explained there were so few hook ups along Circle Pines and the downtown area that he did what was done on other projects in the past, which was to take a five year average for those areas.  The curb & gutter was based on $10.00 a linear foot and the engineer’s estimate was $14.00 so that would be a little cheaper.  Fier stated in general all the costs are going to be down from the original estimate. 

Council member Webster moved, seconded by Carrington, to adopt Resolution #2833-10-08, Resolution Declaring Terms and Costs to be Assessed and Setting the Final Assessment Hearing for the Oregon & College Avenue Improvement Project for 5:20 p.m. on November 25, 2008.  Upon a roll call vote taken and all voting in favor, motion carried.

CITY MANAGER’S REPORTS & RECOMMENDATIONS:  Planning Commission Minutes, 9/16/08:  Council member Carrington moved, seconded by Mayor Giese, to accept the 9/16/08 planning commission minutes.  Motion carried.

City Manager Report:  Council member Storck asked about the parking lot by Old#1.  Hill stated the problem is that the house was built 1’ from the property line.  Hill pointed out that it shouldn’t create a problem for the home with the way the parking lot is being laid out. 

Council member Webster stated the ad in the paper for the sump pump discharge does not match what the code reads.  Hill indicated he would take a look at this. 

Carrington asked about the status of the parking lot by Pizza Ranch.  Hill noted the city received a letter from the owner of the Pizza Ranch indicating his desire to get this matter taken care of.  Hill stated there is a question as to whether or not the trailers in this parking lot create an eyesore in the downtown area.  Hill indicated that the council could create an ordinance to deal with trailers in the downtown area. 

Storck stated the trailer was just used to bring a load of salt in.  Storck questioned why this area was being looked at when the R & B tire lot is also an eyesore and nothing is being done about that.  Storck indicated he does not like the idea of the city buying a parking lot for a private party.  Mayor Giese stated he would like to be able to park downtown when he goes to a restaurant in the downtown area. 

Hill stated everyone knows the real reason the trailers are there and that is to block off parking for the downtown area because of a dispute that couldn’t be resolved.  Storck stated he doesn’t understand why the city is in the middle of this mess and why this lot is being picked on when there are so many other eyesores in town. 

Miller questioned whether or not at one time there was something on the books where a business needed a certain number of parking spaces before they could expand. 

Mayor Giese asked Hill to put this item on the next agenda and to bring the letter, along with any other information that is available. 

Appointment to HRC:  Mayor Giese moved, seconded by Council member Webster, to appoint Becki Jordan to the Human Rights Commission.  Motion carried.

NEW/OLD BUSINESS:  Mayor Giese asked if someone could attend the county canvassing meeting for him on Thursday, November 6th at 10:00 a.m.  Webster agreed to do this. 

City Attorney Glasrud stated the Basel house continues to be worked on.  As far as the Ransone house, Glasrud explained that the house in Morris was not listed as an asset in the bankruptcy case in Las Vegas so this provides a new angle in trying to get something done with this property.

INFORMATIONAL ITEMS:  None

ADJOURNMENT:  There being no further business, Mayor Giese adjourned the meeting at 7:05 p.m.

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