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MINUTES–MORRIS
CITY COUNCIL–REGULAR MEETING–NOVEMBER 25, 2008
The
regular meeting of the Morris City Council was called to order at 5:15 p.m.
this 25th day of November,
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, Miller, Storck and Mayor Giese. Council member Webster was absent. Also present was City Manager Hill, Public
Works Director Dittbenner, Police Chief Beauregard, City
Engineer/Surveyor/Inspector Fier and City Attorney Glasrud.
READING
AND APPROVAL OF MINUTES: 11/10/08
Regular Meeting Minutes:
Council member Storck moved, seconded by Miller, to approve the 11/10/08
regular meeting minutes. Motion
carried.
11/10/08
Condensed Version: Council
member Miller moved, seconded by Carrington, to approve the 11/10/08 condensed
version minutes. Motion carried.
AUDIT
OF CITY BILLS: Council member Miller
moved, seconded by Mayor Giese, to authorize payment of the City bills dated November
25, 2008. Upon a roll call vote
taken and all present voting in favor and Council member Storck abstaining, motion
carried.
PUBLIC
HEARING and Resolution Adopting Assessment for the Oregon Avenue/College Avenue
& Circle Pines Improvement Project: Mayor Giese opened the public hearing at 5:21 p.m. City Manager Hill explained that anyone
has the right to file an appeal on the proposed assessments but it must be done
in writing. Hill indicated two
complaints were received along with a request from the cemetery. Hill noted if the resolution is
adopted, there is a 30-day window of opportunity to pay the assessment without
interest.
City
Engineer Fier stated the original estimate for the project was $2.8
million. The city received a very
favorable bid from Riley’s that came in at just under $2.2 million, which was
roughly $600,000 less than the anticipated cost. Fier indicated for the most part the project is complete,
except for the last inch and half of blacktop and any repairs that need to be
made.
Fier
stated there were five assessments for this project and reviewed each
assessment for the College Avenue/Circle Pines and the downtown area/Oregon
Avenue. Fier stated the only
assessment that came in above what was expected was the storm sewer between
College & Columbia and East 5th & Circle Pines. Fier indicated he wasn’t sure why that
was, but it may have been because of more pipe in that area. Jeff Kuhn, WSN, noted it may have been
underestimated at the initial hearing.
Chuck
Hennen, 530 East 4th Street, asked what shape the old storm sewer
was in. Fier stated it was
terrible and collapsible, noting they had to go further into the University
than they had planned to hook up because it kept falling apart. Hennen asked if the University was
assessed for storm sewer. Fier
indicated they were not because they are downhill, but they had a large
assessment for sidewalk and curb & gutter. Fier clarified that the University doesn’t agree with the
assessment terminology but would be making a contribution for the same amount
as the assessment. Fier explained
that storm sewer is adjusted according to the lot and the more hard surface
area, the more you are assessed.
Fier
stated $492,082.67, or 30%, is being assessed for the project. Fier explained when the city bonds for
projects at least 20% of a project needs to be assessed, so this meets that
criteria.
Hennen
asked how consistent the city’s assessment process was compared with other
towns. Fier noted there is nothing
consistent across the state as far as an assessment process. Fier stated some cities assess for
pavement, some charge a franchise fee on the utility bills but there is no
common standard across the state.
Hennen asked if the city has been as consistent with this project as
they were ten years ago. Fier
stated the city has definitely been as consistent with this project.
Jerry Lesmeister,
502 East 4th Street, asked if they would be assessed again if the
city did a project down East 4th Street. Fier stated it is a possibility because it all depends on
which way the water runs and who contributes. Fier stated he doesn’t believe the city has ever run into a
situation where they have put too much storm sewer in.
Hennen
asked what the next step would be if he were to appeal this assessment. Hill explained after submitting written
objection of the assessment to the city, the next step would be to file papers
with District Court. Hennen stated
he already pays $2,406 a year in taxes and it seems to him the storm sewer on
College Avenue should be included in what he already pays in city taxes. Hennen also expressed concern that the
city decided to add this portion to the project. Fier pointed out that this project was designed to include
storm sewer along College Avenue from the very beginning.
Hill
explained all these projects have to do with the infrastructure of the city,
not the condition of the roads or the sidewalks. Hill stated the city doesn’t want to do any of this, but it
has to be done. Fier indicated the
infrastructure that was there was probably from the 1930’s so it had lived its
useful life. Hennen stated he
could see the benefit to his property when his alleyway was done a few years
ago but it is less easy to sell and recoup money for something that is 10-12
feet underground. Council member
Miller stated that is why the city hired an appraiser to look at each project
and place a value on what is being done.
Hill stated the appraised value of the average benefit for properties on
this project is $13,000 to $19,000.
Hill
stated there just isn’t enough money to go around. Hill stated this is not comforting, but this is not an
expensive assessment compared to other cities. Hill indicated in Breckenridge, where he used to work, it
was not uncommon to have assessments of $15,000-$18,000.
Miller
pointed out that the $2,406 that Hennen is paying is also split between the
city, county and school district.
Hennen questioned why the city residents pay a city and county tax and
county residents only pay for the county, while still receiving the benefit of
many city services.
Jerry
Lesmeister presented a letter to the council stating that he did not agree with
forced property assessments and asked that the city come up with an alternative
way to finance projects without raising taxes. Lesmeister also asked the city to look at spreading the cost
of an assessment over the whole city, not just the affected area.
Hill
agreed that assessments are a dilemma and there is only so much money to go
around. Hill stated even if the
city wanted to, they could not legally tax everybody for a project they don’t
directly receive a benefit from.
Also, Hill asked where you would start from since some have already paid
for their assessments. Hill noted
the city has been having discussions with the county, including talk about the
new jail and dispatching services.
Hill pointed out the University and other small cities in the county don’t
pay for dispatching services. The
county has asked for a contribution from the city for the new law enforcement
center and the city has looked at needs and what it can afford.
Lesmeister
suggested that Blaine talk to the county, who in turn talk to Westrom, and so
on down the line to get some money out to these rural areas. Hill suggested that Lesmeister talk to
the County Commissioners and present the same issues as he did to the
city.
Lauren
Carlson, representing First Lutheran Church, stated they would be paying for their
assessment after the first of the year.
Hill suggested that since it would be after the 30-day period for no
interest they wait to pay it until later in the year, but before November 15th
of 2009.
Mayor
Giese asked if an average would be used for the Highland Homes project as was
done with this one. Fier stated
the city should be able to go back to what they have done before because
Highland Homes would be a larger number of hook ups.
Hill
stated the city received a letter from Naomi Miller, 543 East 4th
Street, asking for a deferral for her assessment for ten years as she is an
elderly senior citizen with health problems. Hill explained typically an assessment is deferred until
such time as the property is sold.
Hill noted the assessment is for $829.00 and if it was deferred for ten
years, the interest would be $400.00, almost half as much as the assessment
itself. Miller, who was present at
the meeting, indicated that deferring it until the property is sold would be
okay with her.
Hill
explained that he received a call from Jay Dietz about the assessment for the
cemetery. Hill noted the
assessment for the cemetery would be waived due to past practice of the city
and language in M.S. 306.14 pertaining to assessing land to a private
cemetery.
Hill noted
a letter was received from J.D. Killoran, appealing his assessments for storm
sewer on two parcels of land. Hill
stated he does not see why the city would make an adjustment on this
assessment. Fier noted a little
bit of Killoran’s property drains onto Columbia Avenue but the majority runs
out the back into Circle Pines.
Hennen
asked why the sidewalk stopped on East 5th Street and did not
continue down to East 7th.
Fier noted it would be in a future project.
Mayor
Giese closed the public hearing at 6:35 p.m. and brought the matter back to the
council for action.
Council
member Miller moved, seconded by Carrington, to adopt Resolution #2837-11-08,
Resolution Adopting Assessment, and to amend the resolution by adding a
paragraph to defer the assessment for Naomi Miller, 543 East 4th
Street, until such time as the property is sold or they decide to pay the
assessment. Upon a roll call vote
taken and all present voting in favor, motion carried.
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 Miller
moved, seconded by Carrington, to accept the gambling reports from the Morris
Hockey Association and West Central Trailblazers. Motion carried.
Council
member Storck moved, seconded by Miller, 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.
Community
Education Information: This
was informational for the council.
ORDINANCES
AND RESOLUTIONS: Resolution
Adopting 2008 Parking Lot Improvement Assessments: Hill indicated the parking lot at Bello
Cucina was not completed this season so that would need to be taken off the
assessment roll. Amy Doll-Wohlers
of Old #1 was present at the
meeting and thanked the council for coinciding the paving of their parking lot
with the downtown project and for allowing them to spread the payment out over
a number of years.
Council
member Carrington moved, seconded by Storck, to adopt Resolution #2838-11-08,
Resolution Adopting 2008 Parking Lot Improvement Assessments, and to delete
Bello Cucina from the assessment roll since their lot was not paved. Upon a roll call vote taken and all
present voting in favor, motion carried.
Resolution
Adopting Assessments for Current Services: Council member Miller moved, seconded by Storck, to adopt
Resolution #2839-11-08, Resolution Adopting Assessments for Current
Services. Upon a roll call vote
taken and all present voting in favor, motion carried.
CITY
MANAGER’S REPORTS & RECOMMENDATIONS: Planning Commission Minutes, 10/21/08: Mayor Giese moved, seconded by Council
member Storck, to accept the 10/21/08 planning commission minutes. Motion carried.
City
Manager Report: This was
informational for the council.
NEW/OLD
BUSINESS: Council member
Storck asked what happened at the old UBC building. Hill indicated they were draining the basement of the
building and then planning to plug it.
INFORMATIONAL
ITEMS: Revenue &
Expenditure Report: This was
informational for the council.
ADJOURNMENT: There being no further business, Mayor
Giese adjourned the meeting at 6:55 p.m.
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