Members Present:  Mayor Kurt Wolf, Council members Jeff Lang and Lisa Karsten Verdis Flaten, Matt Valentyn

Absent: 

Others Present:   Becky Kuball, City Clerk/Treasurer, Tim Minske Maintenance, Dan Morris, Jim Lonegan, Adam Uittenbogaard, Dave Sanderson, Dave Osborne, Mark Moller, Gary Helberg, Steve Nordmeier, Mark Morris, Rich Revering Bolton and Menk and Jack Schwichtenberg.

A work session/special meeting of the Morristown City Council was called to order on Monday, March 15, 2010 at 7:00 p.m. in the Council Chambers at 402 Division Street South by Mayor Kurt Wolf.

The Pledge of Allegiance was recited.    

PeopleServices Report:
Sanderson reported that he needed to clean out a private lift station on Franklin Street, and Dahles helped clean that out.
Sanderson is having Jasper Equipment out to look at a pump and see what we can do to fix it and make it cost effective. Replacement of return pump made the performance improve on removals. The melting snow and sump pumps have put more waste in the sewers.

Motion by Valentyn seconded by Flaten motion carries to accept the PeopleServices report as given.

Skywarn Report: None

Community Center Report: 
Motion by Karsten seconded by Valentyn motion carries to accept the Community Center Report as written.

Maintenance Report:
Minske changed oil in all equipment. All equipment went out to Minske’s, because the city doesn’t have the right tools or space. Minske questioned crack sealing for the parking lot for this year. Lang said it will get done this year. Minske questioned the Meschke addition and the final coat, Lang said we will have to get this done this summer.
Minske asked about summer help so that he could take some of his comp time.
Minske got quotes for a power broom and whip. There was discussion on which of the three to purchase. Lang prefers to buy locally. 
Morristown City Council

Motion by Karsten seconded by Valentyn motion carries to allow Minske to purchase the Husquara for $600.

EDA Report:
Motion by Valentyn seconded by Karsten to accept the EDA report as written.

Squad Car Replacement:
After some discussion it was decided that the city would like to wait until next year to purchase a new squad car, due to the budget cuts that we have taken this year.

Motion by Flaten seconded by Valentyn and motion carries to hold off on purchasing a car in 2010 and start looking seriously in 2011 and make sure it is exactly what the Police Department needs and purchase and not lease.

Credit Card Policy:
Motion by Valentyn seconded by Wolf and motion carries to adopt the City of Morristown Credit Card Policy.

Mark Moller came and was looking for an exception to the non operable motor vehicle ordinance. Moller is having financial difficulties right now. The vehicles run, but do not have current tabs and insurance on them. 
Motion by Flaten seconded by Karsten motion carries to give Moller a one year exception on the non operable motor vehicle ordinance.
Osborne will take picture of the vehicle and make sure that nothing is taken off for parts and that is doesn’t look run down.

Lonegan addressed the council on the trespass order that he received last year, and wondering if it is legal or not. Lonegan feels it was given out because he voted no on a building permit. Mark Morris wonders what kind of protection city officials have on this kind of issue or any other issue brought against the city officials. Flaten questioned how anyone can put a trespass order on a city official. Osborne said that anyone can put a trespass order on anyone for any reason. Police Department delivered the notice, so that there wasn’t any conflict between parties.
Osborne said trespass notices don’t go through the courts but restraining orders or harassment orders do go through the court. Anyone can get one if they see fit.
Karsten questioned what seems fit is? If someone was on my property and I didn’t want them there, but if I haven’t been on the property how it can be trespassing?
Revering city officials have a right of entry. Who within the city government has the right of entry?
Wolf checked with three different towns and this is the same procedure that they us. 
Osborne stated that the form that he used was sent from the complainants work and that the complainant filled it out and then he served it.
Lang questioned if this just came up?
Mark Morris stated we have been looking at ordinances and Lonegan brought it up and was questioning if this was even possible and whether or not we are all open for trespass order or lawsuits, and if we would have the city behind us.
Lonegan said he is looking for a written and verbal apology for serving this on him and it struck from his record. 
Flaten said that there should be some kind of law broken to have this kind of notice, and there should be some kind of warning given. 

Wolf said I didn’t know how easy these were to get until I went on line and researched, and found out that I could print it out and serve it on anyone.
Mark Morris stated if I were Lonegan I wouldn’t want to go up there on city business and set foot on the property. 
Osborne stated that there is nothing on file that states Lonegan did anything wrong. Lonegan could go to civil court and fight it if he wanted.
Nordmeier questioned that shouldn’t any zoning board member have a right to inspect the property. Then couldn’t the zoning board but a cease on their building permit?
It was decided to leave this issue on the agenda until we get the answers to these questions.

Zoning Board Recommends that the city look at ordinance 91.04 and reword it to say that: Farm animal are not allowed to be kept within the city limits in any zoning district. A temporary exception shall be made to this section for those animals brought into the city as part of an operating zoo, veterinarian clinic, scientific research laboratory or a licensed show or exhibition.
Morris stated that right now on agriculture land anyone can put up a feed lot or livestock buildings. So we can change the ordinance.
Kuball will bring ordinance to next meeting on the changes to be made. Hearing will be at next council meeting.

Dan Morris questioned why we have safe and sober two of the three nights of dam days and wonders if we can decrease that so that it doesn’t scare away people from coming to our celebration.  Do we have to have the safe and sober that weekend? Our town is the only one that does the two nights during a celebration.
Osborne said that he doesn’t make that decision, and Mark Holm is the person that makes the schedule up for the safe and sober.
Wolf is going to look into this and see if we can get it changed.
Morris stated it is hard to rent the hall when the officers are so aggressive in stopping people.
Wolf questioned what would be the down fall to opting out of the safe and sober. 
Osborne said it is a one year contract. Not sure if we
Osborne said we would be the only one that wouldn’t be involved. He felt it would let people think that they can come to town and drink and we didn’t care.
Karsten said that we are 13th in the state in deaths. There were 4 deaths in Rice County in 2009.
Morris said he had four people chased home from town after being in town. They were not stopped, but they were chased home.
Karsten, I don’t want to see Morristown targeted unneccasially.
Nordmeier this year is our 25th year, and we have special events that are going to be going on that weekend. 
People put a lot of time into this weekend and don’t get paid for it and the whole goal is to bring people into town not chase them away.
As a business owner I see the traffic that comes through town and it has gotten less. I have had people tell me they avoid going through town, and go around.
Lang suggested someone from the council meeting attend the dam day meetings. Karsten has been going to the meetings.

Motion by Karsten seconded by Flaten and motion carries to allow Open burning from April 15, 2010 to May 15, 2010.

Livingston update: Kuball talked with someone from the League of Minnesota and they are taking care of the issue at hand. There is a meeting, and Kuball will check if anyone from the city needs to attend.

Motion by Flaten seconded by Valentyn and motion carries to donate $50 to the Drug and Child safety.

Administrative fines were discussed. Zoning board would like to make the administrative fine to read The fine for a zoning permit violation is $100 or the cost of the permit whichever is greater, and violation of any zoning code ordinance other than zoning permit violation the fine will be $100 all unpaid administrative fine will be assessed to taxes if not paid within 30 days violation to become compliant with violation within 14 days the zoning board has at their discretion to extend the dates on compliances.

O’Rourke said that we are getting into building season and the zoning board would like to get these passed before the permits are issued.
Morris said we don’t have any administrative fines and if we can get these passed, then we can avoid having people fined with misdemeanors.
O’Rourke we are looking at adopting the state building code, we have someone coming to our next zoning meeting to see what is all involved in adopting the code.

Hearing will be set for next meeting to present the administrative fine amended ordinance.

Kuball evaluation was discussed. Review was due in December of 2009.
Motion by Wolf seconded by Flaten and motion carries to give Kuball a 60 cent raise for her six month probationary 

Motion by Valentyn and seconded by Flaten and motion carries to pay the Claims and Accounts for March 15, 2010.

B-Top grant Wolf presented letters of commitment. Not signing them right now.

Motion by Valentyn seconded by Flaten and motion carries to adjourn at 9:15 p.m.

Becky Kuball
City Clerk/Treasurer