MINUTES–MORRIS CITY COUNCIL REGULAR
MEETING –NOVEMBER 8, 2011
The regular meeting
of the Morris City Council was called to order at 5:15 p.m. this 8th
day of November, 2011, 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 was taken with the following members present: Council member Webster, Miller, Storck
and Mayor Giese. Council member
Carrington arrived at 5:16 p.m.
Also present was City Manager Hill, City Engineer/Surveyor/Inspector Fier
and City Attorney Jordan. Public
Works Director Dittbenner arrived at 5:30 p.m.
Jason Mueller – Bello Cucina: Mueller called and stated he would not
be present at the meeting tonight.
Public Hearing and Resolution Adopting Assessments in Conjunction
with the East 8th, 9th and Arizona Avenue Improvement
Project: City Manager Hill
stated the purpose of the hearing is to give the public the opportunity to talk
to the council after receiving their notices and to make a formal objection if
needed. Hill noted he has received
two objections from Michael and Melissa Sax on separate properties.
City Engineer Fier
stated the project is not done. The
boulevards will be completely reworked and seeded next spring. There is some blacktop starting to fail
and that will also be removed before the final lift is put on next year.
Fier reviewed the assessments which included storm sewer, sanitary sewer,
water, curb & gutter and sidewalk for the East 8th, 9th
and Arizona Avenue portion. The
assessment also included the petitioned sanitary sewer assessment for three
houses along East 6th Street and the petitioned sanitary sewer on
East 8th Street between Columbia and Montana Avenue.
For the East 8th,
9th and Arizona Avenue project the sanitary sewer was $1,329.67 per
unit. The original estimate was for
$2,816.37. The water was
$2,137.98 per unit and the engineerís estimate was $2,137.98
Fier stated the storm
sewer watershed was significantly larger than he had originally anticipated so
some properties were not notified of the improvement and because of that the
city will eat a little over $10,000.
Fier noted property owners are not paying for somebody else that should
have been assessed. Also, some property
owners had paid for a portion of storm sewer back in the 80's, in an area East
of Arizona and 8th Street, and they did not pay an additional assessment
for storm sewer in this case.
Fier explained he walked
in the backyards to try and decide where the water runs. At 516 East 8th, which
is one of the Sax properties, the lot is quite rough but Fier believes the general
tendency is for the water to go the way he anticipates it to go. Fier stated he stands by his shots and does
not feel a need to adjust that.
Melissa Sax, 516
East 8th Street, stated they found that the water flows back by the
garage north towards the street. Sax
indicated there is a ridge by the front of the house that the water cannot flow
over and it soaks into the ground. Sax
noted the problem only exists on the east side of the house. Fier agreed that there is a ridge of
earth there but believes the water gets around the edge and certainly if it
builds up a couple of inches it gets out.
Fier explained that if the water couldnít get out it would get into the
basement and that is not the situation.
Sax stated it may have to build up that high but that basement has
always been a wet basement. Fier
pointed out there is no sump pump in that house.
Fier stated Saxís
husband, Mike, is disagreeing with the amount of square footage that the
property is being assessed for.
Fier explained the basic disagreement is about $80.
The second objection
from Sax is that there wasn't a need to replace the curb & gutter at 608
East 8th Street. Fier
indicated those properties along there petitioned to have the sewer replaced and they knew there would be a road surface
replacement. Along with that
petition they agreed to pay for the cost of having the work done.
Hill indicated the final
objection from Saxís in both these documents has to do with the appraisal. Hill stated the city hired a
professional appraiser to give their professional opinion as to what the
overall added value would be to the property after the improvements. Hill noted it wasn't an actual appraisal
because that would have to be done to each individual property. If an appeal is made to district court
at that point an actual appraisal will be done.
Hill stated the
resolution asks the city council to adopt the assessments. In the case of the objected assessments
they have the right to appeal it further in district court.
Mayor Giese closed
the public hearing at 5:39 p.m. And brought the matter back to the council for
Miller moved, seconded by Storck, the adopt Resolution #3044-11-11, Resolution
Adopting Assessments in Conjunction with the East 8th, 9th
and Arizona Avenue Improvement Project.
Upon a roll call vote taken and all present voting in favor, motion
Hill further stated
the city will send a notice out to all property owners
and let them know there is an open window of 30 days to pay the assessment
without interest before it gets turned over to the county.
READING AND APPROVAL
OF MINUTES: 10/25/11 Regular Meeting Minutes: Council member Webster moved, seconded
by Mayor Giese, to approve the 10/25/11 regular meeting minutes. Motion carried.
Version Minutes: Council member Storck moved, seconded by
Miller, to approve the 10/25/11 condensed version minutes. Motion carried.
Mayor Giese removed the Audit of City Bills from the consent
agenda. Mayor Giese moved, seconded
by Miller, to authorize payment of the City bills dated November 8, 2011. Upon a roll call vote taken and all
voting in favor and Council member Storck abstaining, motion carried.
Miller moved, seconded by Webster, to approve the consent agenda which included
the following items:
Estimate – F & S Concrete
Estimate – Ferguson Waterworks
AND COMMUNICATIONS: None
RESOLUTIONS: Set Hearing for Ordinance No. 89, An
Ordinance Updating a Zoning Map for the City of Morris and Modifying Zoning
Language: Mayor Giese moved,
seconded by Webster, to schedule a public hearing for 5:20 p.m. on November 22nd
for Ordinance No. 89, An Ordinance Updating a Zoning Map for the City of Morris
and Modifying Zoning Language. Motion
First Reading of
Ordinance No. 90, An Ordinance Repealing Ordinance No. 81, An Ordinance
Regulating the Use of Golf Carts: Hill stated this ordinance would allow for
bigger, safer vehicles in addition to the golf carts and four wheelers already
allowed. Previously, state law had
limited the level at which local government could permit vehicles. City Attorney Jordan indicated during
the past legislative session the law was amended to allow for the bigger side by side type of vehicles.
another change to the ordinance is that it also extends the number of years the
permit is good for to three years.
The fee remains at $25.00 and a change to that has
not been discussed.
Miller asked why it
is the operator getting permitted instead of the vehicle. Miller stated it makes sense to him that
the vehicle get permitted because any other time it's
the snowmobile or other vehicle, rather than the driver. Miller believes a change should be made
to permit the vehicle, rather than the operator. Hill indicated he would take a look and
bring the information back for the public hearing.
Miller moved, seconded by Storck, to accept this as the first reading of
Ordinance No. 90, An Ordinance Repealing Ordinance No. 81, An Ordinance
Regulating the Use of Golf Carts and set a public hearing and second reading
for 5:25 p.m. on November 22nd.
the 2011 DNR Fire Grant Contract: Hill explained this grant would provide
matching funds up to $2,000 which would be put towards breathing apparatus for
the fire department. Hill asked the
council to approve the resolution accepting the grant contract from the State
Storck moved, seconded by Webster, to adopt Resolution
#3045-11-11, Resolution Approving the 2011 DNR Fire Grant Contract. Upon a roll call vote taken and all
present voting in favor, motion carried.
REPORTS & RECOMMENDATIONS: City Manager Report: This was informational for the council.
There being no further business, Mayor Giese adjourned the meeting at