Victor resident asks for reimbursement from city
A Victor property owner is requesting the Victor City Council reimburse him for overages on 15 years of sewer bills.
Scott Morrow, co-owner of C and S Enterprise, Victor, told the council Sept. 10 the city has been charging him too much for sewer rental on four apartment buildings.
C and S Enterprises owns the County Line Apartments, Northview Apartments and Horizon Apartments (which includes two buildings).
Morrow said C and S does not charge the sewer rental fees to the tenants, and sewer rental fees have been paid in full by C and S Enterprises.
He said he was told by past city council members that according to the Victor ordinance, the property owner is to be charged a sewer rental fee for each tenant.
From 1994 to 2003, C and S Enterprises was charged a $5 sewer rental fee for each tenant. From 2003 to 2006 C and S was charged a rental fee of $15 per resident and since 2009 the sewer rental rate has been $25 per residence. However, Morrow said he read the Victor ordinance, and claimed nowhere in the ordinance does it say the owner of a multi-family residence is required to pay for each occupied apartment.
According to the ordinance, “a sewer rental fee shall be paid by each person who contracts to receive the service of the use of the city’s sewers.”
Morrow said the “person who contracts to receive sewer service” is C and S Enterprise, not the tenant of C and S properties. Further, he said the tenants of C and S Enterprises do not contract with the city.
“There is nothing about multi-family dwellings in the ordinance,” Morrow said.
“Ever since I built apartments in Victor, I was told that was how it was. That I was charged per tenant. There is nothing in the ordinance that has anything to do with multi-family dwellings. I feel I was taken advantage of the past few years.” Therefore, Morrow said C and S Enterprise has been overcharged by the City of Victor for the sewer rates and he requested a reimbursement for the overcharges.
In total, Morrow is requesting a reimbursement of $24,150, plus costs. Victor City Council member Lynn DeNeve said he agreed with Morrow, that he was charged too much by the city. DeNeve wondered how many other property owners in Victor would be affected if it turns out that Morrow was overcharged for sewer fees.
DeNeve also wondered how the city would be able afford to pay Morrow a reimbursement of approximately $24,000.
Victor City Clerk and City Attorney Fred Stiefel said the ordinance has been in place since 1986.
Stiefel recommended the council discuss the issue with Victor Mayor Roger Pawlak, who was absent from the Sept. 10 meeting. Stiefel said Pawlak is in charge of the sewer rental billing.
“You could argue another side if you wanted to,” Stiefel said.
Council member Marla Faga said she would like to wait until the council’s Oct. 8 meeting to discuss the issue with Pawlak present. Morrow said he could wait until the Oct. 8 meeting.
SEWER ORDINANCE
In a related action, Victor City Council approved an ordinance Sept. 10 that dictates how the sewer rental charge will be applied for multiple family dwellings. According to the new ordinance, for multiple family dwellings, the number of sewer rental charges shall equal the number of water meters.
The council approved the second reading of the ordinance at the Thursday night meeting and then waived the third reading. The ordinance will go into effect once it is published in the Poweshiek County CR.
IOWA COUNTY ECONOMIC DEVELOPMENT COMMISSION
The Victor City Council signed a 28E agreement Friday, Sept. 10, to participate in the Iowa County Economic Development Commission.
The agreement will commence on or before Oct. 1, depending on the participation of the city governments and organizations in Iowa County.
Deb Collum-Calderwood, Iowa County Extension Education Director, who is spearheading the economic development commission efforts, said the Iowa County Supervisors and the cities of Ladora, Millersburg, North English and Parnell have already signed the 28E agreement.
She said the economic development commission will work with the Victor Community Development Association.
“The communities who already have a group in place will benefit much more from this partnership,” Collum-Calderwood said. “They will work well together to get even more done.”
The agreement ends June 30, 2010 and will be renewed annually unless written notice of intent to withdraw is give to the commission by Feb. 1 of each year.
In the first year of the agreement, each partnering unit has the option to make a financial contribution or provide in-kind support to remain part of the agreement. There is no obligation to pay anything, Collum-Calderwood said.
In the second year, beginning July 1, 2010, each partnering unit agrees to pay a share of the expenses of the operation of the commission.
For incorporated cities in the partnering unit, current population figures will be a factor in determining allocation of costs. The cost to the incorporated cities will not exceed $1 per capita.
Beginning July 1, 2010, the Iowa County Board of Supervisors agreed to annually pay a minimum of $25,000 to go toward the expenses of the operation of the commission.
The governing commission will consist of two representatives from the Iowa County Board of Supervisors, two representatives from each incorporated city in Iowa County, two representatives from the Amana Society and one representative from the Iowa County Farm Bureau.
Kevin Healey, Victor, already represents Victor on the commission. Victor City Council voted Sept. 10 to have council member Lynn DeNeve also sit on the commission.
2ND STREET ALLEY PROJECT
Victor City Council unanimously voted Sept. 10 to partner with Rod Felton, owner of Victor Car Wash, pave an alley in order to direct rain and ice melt away from the car wash.
The city will pay for the material necessary to pave the alley on 2nd Street between Victor Car Wash and Coufal Car Care. Felton said he would pay for labor, use of a skid loader, fuel, forms and hardware and oil.
The cost to the city to pay for materials would be approximately $4,506, Felton said.
The alley will be paved with 6-inch thick concrete. The area to be paved is 11-feet wide and 71-feet long to the west end of the car wash apron, he said, and then a 12-foot by 62-foot section of the alley will be paved from the car wash apron to Main Street.
Felton said he would like to complete the project by November.
Victor City Clerk Fred Stiefel said there is $4,500 available in the city’s budget to pay for the project.
“I think it’s a good deal,” said council member Dan Cavin.
CITY HALL RESTROOM
At the council’s August meeting, Judy Simmons told the council $1,500 was raised from the Victor Car Show. Simmons told the council it was their determination to use the money to make the restroom at Victor City Hall handicapped accessible. She said it was especially important since the facilities are used by Victor Senior Dining.
Victor City Council member Nick Simmons reported to the council Sept. 10 that a handicapped accessible toilet has been installed in the restroom. He said they are still planning to move the water heater and wall in order to make the doorway large enough to fit a wheel chair.
DONATION
The Victor City Council received a “thank you” note from Edna Hedlund for a $1,000 donation the council made to Hedlund. Hedlund volunteered her time to fill in as the site director of Victor Senior Dining after the past site manager quit.
UPDATED September 15, 2009 1:10 PM