MINUTES–MORRIS CITY COUNCIL–REGULAR MEETING–DECEMBER 23, 2008

The regular meeting of the Morris City Council was called to order at 5:15 p.m. this 23^rd       day of December, 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, Finance Director Krosschell, Public Works Director Dittbenner, Fleet Manager Searle, City Engineer/Surveyor/Inspector Fier, Police Chief Beauregard and City Attorney Glasrud.

READING AND APPROVAL OF MINUTES:  12/9/08 Regular Meeting Minutes:  Council member Storck moved, seconded by Miller, to approve the 12/9/08 regular meeting minutes.  Motion carried.

12/9/08 Condensed Version:  Council member Carrington moved, seconded by Mayor Giese, to approve the 12/9/08 condensed version minutes.  Motion carried.

AUDIT OF CITY BILLS:  Council member Miller moved, seconded by Storck, to authorize payment of the City bills dated December 23, 2008.  Upon a roll call vote taken and all present voting in favor, motion carried.

Pay Estimate #12 – West 4^th & 8^th Streets:  Council member Storck moved, seconded by Miller, to authorize payment of $52,305.15 to Riley Bros. Construction for work on West 4^th and 8^th Streets & alley main trunk sewer.  Motion carried.

CITIZEN’S COMMENTS:  Presentation of Human Rights Award:  Christine Gibson, Chairperson, and other members of the Human Rights Commission were at the meeting to present Bill Eckersen with the Human Rights Commission award for his work with the mentally ill.

Snow Alert Discussion:  Arnie Sharstrom, representing Morris Auto Wrecking and Triple T Towing, was present at the meeting.  Sharstrom stated they feel that something needs to change with the snow alert system because people are getting fed up with their cars getting towed when the street has already been plowed.  Sharstrom indicated they don’t want or need that type of towing.  Sharstrom stated he canvassed the west side of town and there were only four cars that needed to be moved. 

Council member Storck commended the city crew for doing a good job and stated it is a hard decision for the Public Works Director as to when to call a snow alert.  Storck stated he does not want to change the rules and this is a battle the city has been fighting for the last 45 years.  Stock suggested having no parking on any city streets from November 1^st to April 1^st like many other towns do.  Storck stated the elderly taxpayers in town shouldn’t have to pay for the dead beats that don’t move their cars, which results in the city needing to go out and plow again where cars aren’t moved. 

City Manager Hill stated the confusion comes in when the streets are plowed before the ticketing and towing starts.  Hill indicated once it starts snowing the snow may have to be left until the snow alert takes effect, instead of going out twice in a 24-hour period. 

Public Works Director Dittbenner stated going out at night gives the crew the opportunity to get things cleaned up when no one is out and about. 

Sharstrom stated it makes them look stupid when they go out to tow a car on a street that has already been plowed from curb to curb.  City Attorney Glasrud asked if a car could just be ticketed and not towed if the street has in fact already been plowed.  Beauregard noted it does not work just to put tickets on the cars because a $15 ticket will not do the job. 

Fleet Manager Searle questioned how the tow truck would even be able to hook up to the cars on the street if the city didn’t plow some of the snow first.  Dittbenner pointed out if a snow starts right away in the morning, the alleys need to be done for the garbage trucks and for the people whose only access to their homes and garages is through the alley.

Glasrud questioned if the city was towing cars where they didn’t need to be.  Sharstrom stated he feels they are.  Storck stated he feels the city is doing it the right way and should not back down.  Hill pointed out the city doesn’t want to do a second plowing unless it’s absolutely necessary but people need to be aware that towing and ticketing will take place if a snow alert is called. 

Mayor Giese stated it boils down to how much snow is expected to fall.  Council member Miller stated the city streets look great and would like them to stay that way and feels the snow alert procedure needs to remain the same. 

Hill suggested Sharstrom direct the people he is getting complaints from to call him or one of the council members at home.  Hill stated on the plus side the new impound area at the fairgrounds is working out very well.  Miller stated nobody enjoys this process but the streets need to get cleaned. 

PETITIONS, REQUESTS AND COMMUNICATIONS:  SCMC Administrative Report:  Mayor Giese moved, seconded by Council member Storck, to accept the November administrative report from SCMC.  Motion carried.

Gambling Reports:  Council member Carrington moved, seconded by Miller, to accept the gambling reports from the West Central Trailblazers and Morris Hockey Association.  Motion carried. 

Raffle License Report:  Council member Storck moved, seconded by Miller, to accept the raffle license report from the Morris Senior Center.  Motion carried. 

ORDINANCES AND RESOLUTIONS:  Resolution Approving Proposed 2008 Tax Levy, Collectible in 2009 and Resolution Accepting the 2009 Budget for the City of Morris:  Council member Miller moved, seconded by Storck, to adopt Resolution #2842-12-08, Resolution Approving Proposed 2008 Tax Levy, Collectible in 2009.  Upon a roll call vote taken and all present voting in favor, motion carried. 

Resolution Accepting the 2009 Budget for the City of Morris:  Hill stated the City will have its state aid cut by approximately $127,000 due to the governor’s proposal to help offset the state’s current budget shortfall.  Hill indicated the city needs to implement provisions to spend only what is absolutely necessary.  Hill suggested the council ask legislators to come meet with the city to let them know how these cuts are affecting our area. 

Carrington asked what would happen with the Highland Homes project.  Hill stated the big issue is whether or not the city can borrow the money and pull the new debt onto the tax rolls without raising taxes too much.  Hill pointed out the city should finish the plans and specs, advertise and bid the project out.  The city may end up seeing a very good bid and if a local contractor were to get it that could put a lot of people in the community to work.  Giese noted there is also the possibility of federal funding for this project. 

Council member Carrington moved, seconded by Miller, to adopt Resolution #2843-12-08, Resolution Accepting the 2009 Budget for the City of Morris.  Upon a roll call vote taken and all present voting in favor, motion carried.

Resolution Authorizing Fund Transfers:  Mayor Giese moved, seconded by Council member Storck, to adopt Resolution #2844-12-08, Resolution Authorizing Fund Transfers which would transfer $102,212.86 from the capital improvement fund to the West 8^th Street project fund.  Upon a roll call vote taken and all present voting in favor, motion carried.

Resolution Setting Transit Fares:  Finance Director Krosschell stated the city proposed to raise fares as part of the grant application to the state.  Krosschell indicated the state pays 80% of operating costs and the city tries to make up the remaining 20% with fares.  The last increase in fares was in 2001.  Krosschell noted the increase is being suggested because it is almost getting to the point where the operation needs to be subsidized with the tax levy. 

Council member Miller moved, seconded by Carrington, to adopt Resolution #2845-12-08, Resolution Setting Transit Fares, increasing the fares from $1.00 per ride scheduled and $2.00 per ride unscheduled to $1.25 per ride scheduled and $2.50 per ride unscheduled.  Upon a roll call vote taken and all present voting in favor, motion carried.

Resolution Approving a Special Assessment Deferral for Edell Swanson:  Swanson has submitted a written request for a deferral of her special assessment for 4 Circle Pines, legally described as Lot 4, Circle Pines Addition until such time as the property is sold. 

The amount of the assessment is $1,002.00 for curb & gutter, $214.09 for storm sewer, $3,614.96 for water, $2,887.49 for sewer, totaling $7,718.54. 

Mayor Giese moved, seconded by Council member Storck, to adopt Resolution #2846-12-08, Resolution Approving a Special Assessment Deferral for Edell Swanson.  Upon a roll call vote taken and all present voting in favor, motion carried.

Resolution Renewing Lease Agreement Between the City and Gerhard Jacobson:  This proposed lease between the city and Gerhard Jacobson is for another three-year period, beginning January 1, 2009.  Council member Storck noted that $30 per acre to farm the airport land is very cheap.  Hill agreed, but noted there are certain restrictions that need to be taken into consideration to farm the land around the airport.  Hill also noted Jacobson is paying taxes on the land.  Storck requested that once the proposed lease with Jacobson expires, the use of the land be put out for bids. 

Council member Carrington moved, seconded by Miller, to adopt Resolution #2847-12-08, Resolution Renewing Lease Agreement Between the City and Gerhard Jacobson.  Upon a roll call vote taken and all present voting in favor, motion carried.

Resolution Authorizing Advertising for Proposals for Leak Site Investigation at the Old Elementary School:  Hill explained after removal of an underground tank at the old elementary school there was a soil sample taken that had fuel in it.  Hill recommended that due to MPCA and PETRO fund rules the council authorize advertising for proposals to do a site investigation.  Hill noted the city needs to do this in order to be eligible for PETRO fund reimbursement for qualified expenses. 

Council member Miller moved, seconded by Carrington, to adopt Resolution #2848-12-08, Resolution Authorizing Advertising for Proposals for Leak Site Investigation at the Old Elementary School.  Upon a roll call vote taken and all present voting in favor, motion carried.

Lodging Tax Ordinance:  Hill stated this ordinance would establish a lodging tax of 3% on the gross receipts of the local motels.  The money would be distributed by a Tourism Board appointed by the City Council.  Hill indicated this lodging tax could be used to offset the city’s contribution to the chamber to assist them with promoting the city and its businesses.  Hill stated he has talked with the two bigger motels and they are not in favor of it because they feel it will drive away business and they don’t think they get anything out of the chamber. 

Hill stated the Minnesota Legislature has looked at this issue and agreed it was a good practice to collect a local lodging tax to generate funds to promote cities.  The legislature has passed a law allowing local authorities to implement a tax. 

The council noted the city campground should not be included as part of the lodging tax. 

Mayor Giese moved, seconded by Council member Storck, to accept this as the first reading of Ordinance No. 82, An Ordinance Amending the Morris City Code to Enact a Lodging Tax Ordinance in the City of Morris, and set the public hearing and second reading for 5:30 p.m. on January 13, 2009.  Upon a roll call vote taken and all present voting in favor, motion carried.

Utility Rate Ordinance:  Hill stated he is recommending a 3% increase in utility rates, which are currently only able to be changed by ordinance.  Hill suggested the ordinance be changed to allow rates to be set via resolution.  Hill stated with regard to the increase in rates he would rather make minor adjustments along the way rather than major ones all at once. 

Council member Miller moved, seconded by Storck, to accept this as the first reading of Ordinance No. 83, An Ordinance Allowing Utility Rates to be Set by Resolution, and set the public hearing and second reading for 5:35 p.m. on January 13, 2009.  Upon a roll call vote taken and all present voting in favor, motion carried.

CITY MANAGER’S REPORTS & RECOMMENDATIONS:  Five Year Capital Improvement Plan:  The council discussed the proposed five year capital improvement plan.  City Engineer Fier stated it is the council’s judgment if they want any of these projects moved up in the plan.  Miller pointed out the order of the plan will depend on if the proposed 2009 work gets done.  Giese noted it is good that the city is starting to address the extension of utilities out into the annexed areas.

Mayor Giese moved, seconded by Council member Miller, to approve the Five Year Capital Improvement Plan as presented.  Motion carried.

Stevens County Conditional Use Permit Recommendation:  Hill stated the Planning Commission is recommending approval of this conditional use permit which would allow the county to build a government building in a Residential zone.  The Planning Commission placed four conditions on the project which included dark sky compliant full cut off lighting, review and approval of a landscape plan by the city, review of parking lot entrances on East 4^th Street and review and approval of a storm water removal plan. 

Carrington asked how much pull the city has to grant the permit.  Hill noted there are criteria established as to when an application can be denied.  Hill stated the first issue with the jail is economical, which is the county commissioners’ responsibility.  The second is the code and permitting process which the city is in charge of. 

Discussion was held on the storm sewer and parking conditions.  Storck stated he didn’t like the idea of a flat roof because they don’t seem to work in Minnesota. 

Carrington asked if there was anything the city could do to prevent the jail from being built.  Glasrud indicated that not that long ago the council was quite vocal about the jail being built in Morris rather than Cyrus.  Storck pointed out at that time there was not the recession there is now.  Miller stated he felt it is not the council’s decision whether or not the jail should be built. 

Mayor Giese moved, seconded by Council member Miller, to accept the recommendation from the Planning Commission and approve the conditional use permit for Stevens County.  Upon a roll call vote taken and all present voting in favor, motion carried.

Planning Commission Minutes, 11/18/08:  Council member Carrington moved, seconded by Storck, to accept the 11/18/08 planning commission minutes.  Motion carried.

City Manager Report:  This was informational for the council. 

Authorization to Close City Offices at Noon on Christmas Eve:  Mayor Giese moved, seconded by Council member Miller, to close city offices at noon on Christmas Eve.  Motion carried. 

NEW BUSINESS:  Council member Storck asked if cable rates could be increased without the cable companies coming before the city council.  Glasrud stated it seemed to him that they used to come to the council and let them know when that would be happening. 

OLD BUSINESS:  Storck asked about the house on East 4^th Street.  Glasrud indicated he is still waiting to hear about the decision from the bankruptcy court. 

INFORMATIONAL ITEMS:  Library Mission/Vision Statement:  This was informational for the council.

Revenue & Expenditure Report:  This was informational for the council.

ADJOURNMENT:  There being no further business, Mayor Giese adjourned the meeting at 7:10 p.m.