Members Present:  Mayor Kurt Wolf and Councilmember’s, Matt Valentyn, Verdis Flaten, Jeff  Lang and Lisa Karsten

Members Absent: 

Others Present:   Becky Kuball City Clerk, Dave Osborne, Police Dan Morris, Jack Schwichtenberg, Steve Nordmeier, Mark Morris, Loren Dahle, Troy Dahle, Kristalyn Morris, Nancy Morris, Rich Revering, Adam Uittenbogaard, Mike O’Rourke, Arlen Krause, Arnell Anderson, Mike Schumacher, Jared Taylor, Mary Denzer, Greg Scharfe, Mike Anderson.

A regular meeting of the Morristown City Council was called to order on Monday, 
April 5, 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.

Motion by Karsten seconded by Valentyn and motion carries to approve the minutes of the regular meeting held on March 1, 2010 and Special Work Session held on March 15, 2010 as written. 

Financial Report: January and February financial report was tabled until next meeting.

Motion by Lang seconded by Flaten to approve Resolution 2010-1 to take money out of the water fund and put back in general fund in the amount of $12,293.38. Motion carries voting by resolution. Wolf-Yes, Valentyn-Yes, Lang-Yes, Karsten-Yes, Flaten-Yes

Kristalyn Morris questioned if the council would like her to look into some different investment funds other than the 4-M. The interest rate has not been very good. The council told her to go ahead and see what else was out there.

Motion by Valentyn seconded by Flaten and carried unanimously to approve the Police Report and schedule for April 2010.

Fire Department: Dahle, requested the ok to go ahead to apply for a Radio grant. Dahle went over the options of purchasing them by going for a grant by ourselves or one going together with Rice County and said that we would have better luck receiving the grant if we went with Rice County. The radios we have now, half of them would be passed down to Skywarn along with a receiver. 
Motion by Lang seconded by Karsten and motion carries to allow the Fire Department to go ahead and apply for the grant.

Motion by Karsten seconded by Flaten and motion carries to reimburse Tim Boese, Bruce Morris and Terry Meschke for training that was done in January of 2009.
Motion by Lang seconded by Valentyn and carried unanimously to accept the Fire Department Report as given.

Maintenance Report: Weed whip that was approved last meeting will not work out. The whip is too big for the power broom. Minske ordered one from Nordmeier’s. Doug did let Minske use one for a week while he was waiting for the other one to come in. Sweeper got a rock caught in the chain, and cracked the hydraulic motor for the feeder belt.

Public Hearing 7:30 p.m.;
Mark Morris stated that the zoning board was looking at ordinances and noticed that some of them contradict each other so they would like to change some of the ordinances. The one the hearing is for would not allow any farm animals within any zoning district within city limits.
If there are already farm animals within the city limits in an agriculture district, they would be grandfathered in. Which means that the ordinance that is in effect right now would follow the property so if someone wanted to sell part of their property off as long as it is kept in the same use then it can continue to have the animals or buildings, but you cannot change size or purpose. If the new owner chooses not to keep the operation going and it is longer than 90 days then the grandfather clause is null and void and the new owner would have to follow the new ordinance.
Loren Dahle questioned County public health and who would monitor these facilities.
Taylor said that the government should not be able to tell you what you can and cannot do with your property.
Karsten read the ordinances as written in the book and pointed out that they do contradict each other and should be changed to reflect the same thing.
Arnell Anderson said that Mankato and Minneapolis both allow chickens within city limits.
Taylor said that zoning should address each individual animal.
Arnell Anderson said he asked all of his neighbors and no one had any complaints about his animals.
Hopman said his family has owned property within the city limits for 60 years and they have had crops, cattle, chickens, geese and it was never a problem or complaint. He suggested small scale animal units be allowed. He would like to someday get a couple of ponies for his grandkids. Stated his niece has a couple of chickens in Northfield and lives in town and her neighbors love it. “Zoning laws are government and I don’t like it”.
Mark Morris said “if I put a livestock building on my 42 acres I don’t think that the neighbors would like it, and I have more respect for my neighbors than to do that. Would anyone want to purchase property next to a livestock or animal building?”
Hopman hoped that the city would take this ordinance and really think about it before acting on it and listen to the land owners in town.
Loren Dahle said most of his life he has farmed and has to abide with Rice County’s animal run off from the EPA.
Karsten said she feels there can be a happy medium and that she would like to see the land owners and the zoning board get together and discuss this issue to see if there is a compromise that they can come up with.
Public hearing closed at 8:20 p.m. 
Farm animal ordinance was tabled until the next meeting.

Zoning Board Report: Flaten questioned the city ordinance about flooding a neighbor’s property with their sump pump. Said this is something that we cannot allow. Wolf was looking into the complaint.
Motion by Karsten seconded by Lang and motion carries to accept the zoning report as written.

Comments from citizens present: Lonegan questioned “how many of you would like a animal shed built in your neighborhood?”
Schwichtenberg questioned what is going to be done with the shed by the old lumber yard that is falling down. Minske said he talked to the owners about it.
Loren Dahle said when considering the state building code to think very carefully, “you lose a lot of control once it is adopted”.

Motion by Lang and seconded by Flaten and carried unanimously to pay the claims for April 5, 2010 as printed.

Motion by Lang and seconded by Valentyn and carried unanimously to pay the late claims for April 5, 2010 as printed.

Wolf stated the B-top did not go through, so we can take it off the agenda.

Ordinance 2010-1 an ordinance amending the Morristown City code by amending section 10.98 creating an administrative procedure and allowing for administrative fines.
Motion by Flaten seconded by Valentyn motion carries to adopt Ordinance 2010-1. Voting by resolution Wolf-Yes, Karsten-Yes, Lang-Yes, Valentyn-Yes, and Flaten-Yes.

Resolution 2010-2 Administrative fines tabled until next meeting Karsten will go over with Osborne and clarify what the fines are.

Ordinance 2010-2 Farm animals in city limits tabled until next meeting.

Motion by Valentyn seconded by Karsten motion carries voting by resolution to pass Ordinance 2010-3 Golf cart revision Karsten-Yes, Lang-Yes, Valentyn-Yes, Flaten-Yes, Wolf –Yes.

Mary Denzer wanted to see if the council could do anything about the ditch by her house. It was last dredged in 1988 and it has flooded her basement 6 times since. Lang said we would need to check with the DNR about this. The city will look into it.

PeopleServices Contract is up in September. Council needs to decide if they want to continue with the contract, revise the contract or terminate the contract. There is a 90 day notice needed if we terminate the contract. Kuball will invite PeopleServices to the next meeting to discuss.

Motion by Karsten seconded by Lang motion carries to approve Dam Days on June 4, 5, 6, 2010.

Peddlers, Solicitors, Transients permits ordinance is tabled until next meeting Kuball will get some samples from the list serve.

Announcements: Osborne said there will be a tractorcade coming through town on July 10 at about 3:00 p.m.

Correspondence and announcements:

Motion by Valentyn seconded by Lang and carried unanimously to adjourn. The meeting adjourned at 
9:04 p.m.
 
Becky Kuball
                 City Clerk/Treasurer