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MINUTES      MORRIS CITY COUNCIL REGULAR MEETING     JULY 26, 2011

The regular meeting of the Morris City Council was called to order at 5:15 p.m. this 26th      day of July, 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:  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, Police Chief Beauregard and Public Works Director Dittbenner.

CITIZENíS COMMENTS:  Drainage Issue on Birch Avenue:  Howard Jaeck, 412 Birch Avenue, was present at the meeting to discuss his concern for the above ground water drainage along his street.  Jaeck noted the city crew threw a few shovels of tar down but the frost heaves were especially bad this winter.

Hill explained city staff has talked about this area and the issue is the drainage that comes across there.  Hill indicated there are fundamental issues that go below the surface of the road.  Public Works Director Dittbenner stated that what they did was very temporary and the plans are to dig it out a little better and get it patched. 

LTD Motorcycle Ride:  Amy Doll-Wohlers was present at the meeting and stated this past weekend she had the opportunity to participate in the LTD Memorial Ride, which commemorates the lives of the three young men from the community who died in Iraq.   Doll-Wohlers noted there was a great reception in Morris but it was disappointing to see that the Morris Fire Department didn't have any trucks out.  Doll-Wohlers stated she wasnít sure who informs the department of what they should and shouldnít do but all the other communities, big and small, had their trucks out.  Doll-Wohlers stated she thinks it would be a wonderful tribute if Morris could have a truck out displaying the flag and hoped it would be considered for next year.   

City Manager Hill stated it is up to the fire department.  The policy is that if they want to use equipment for that type of thing they can.  Hill pointed out he didnít know if anyone on the department knew about it but he would talk to them.  Council member Miller stated it was probably just an oversight. 

PUBLIC HEARING:  None

READING AND APPROVAL OF MINUTES:  7/12/11 Regular Meeting Minutes:  Mayor Giese moved, seconded by Storck, to approve the 7/12/11 regular meeting minutes.  Motion carried.

7/12/11 Condensed Version Minutes:  Council member Miller moved, seconded by Carrington, to approve the 7/12/11 condensed version minutes.  Motion carried.

ADDITION TO AGENDA:  Mayor Giese added to the agenda an Application for an On Sale Liquor License for the American Legion under Petitions, Requests and Communications and a Resolution Approving an Agreement for Transfer of Entitlement for Federal Airport Funding to the City of Jackson, Minnesota.

CONSENT AGENDA:  Mayor Giese moved, seconded by Council member Miller, to approve the consent agenda with the following items: 

A.             Audit of City Bills

B.             Pay Estimate #3 – East 8th/9th/Arizona

C.            Raffle License Report

D.            Gambling Reports

E.             7/20/11 Tourism Board Minutes.

 Motion carried.

PETITIONS, REQUESTS AND COMMUNICATIONS:  Gambling Report – American Legion:  Council member Miller moved, seconded by Storck, to accept the gambling report from the American Legion.  Upon a roll call vote taken and all present voting in favor and Mayor Giese abstaining as an officer of the Legion, motion carried.

Application for On Sale Liquor License:  Council member Carrington moved, seconded by Miller, to approve the Application for an On Sale Liquor License for the American Legion for the beer gardens at the Stevens County Fair August 10th to August 14th.  Upon a roll call vote taken and all present voting in favor and Mayor Giese abstaining as an officer of the Legion, motion carried. 

Storck asked if someone else was having a liquor stand at the fair.  Beauregard indicated CJ Fromm from the Met Lounge is planning on having a stand down by the grandstand during the evening hours.  The license does not have to come through the city because they're not governed like a club license, but rather by a catererís permit, which means they also have to serve food.  Beauregard has talked with them about police presence and other details.   

Hill stated the sale of the liquor should be incidental to the sale of the food.  Hill indicated the city doesnít enforce the permit but can have a say in how it is set up.  Giese indicated he doesnít believe the addition of this stand would affect the Legion beer gardens.  Miller asked if it was a possibility for the Legion to serve hard liquor.  Giese indicated the Legion also has a caterer's permit so they could choose to do the same type of thing but they are not interested in doing so.

ORDINANCES AND RESOLUTIONS:   Resolution to Enter Into an Agreement with School District No. 769:  Beauregard noted this relationship has been very successful for the city and the school district.  Council member Storck asked if bullying was being addressed.  Beauregard stated the department has become a lot more involved with bullying issues this past year, including internet cyber bullying.  They are doing some programs in the classrooms and moving into the younger grades as well.  Beauregard explained the FBI has a new online program for cyber bullying and theyíll be approaching the school district to see if that can be incorporated into the classroom. 

Beauregard stated the city saw the lowest juvenile crime rate in 2010 that the city has ever seen and believes this officerís presence is part of those low numbers.

Council member Storck moved, seconded by Mayor Giese, to adopt Resolution #3023-7-11, Resolution to Enter Into an Agreement with School District No. 769.  Upon a roll call vote taken and all present voting in favor, motion carried. 

 

Resolution Approving Additional Residential Sewer Work for East 8th Street Residents:  Hill stated the homeowners on the 400 block of East 8th Street have approached the city to get this block redone as part of the East 8th/9th and Arizona Avenue project because of some sewer problems.  Because 100% of the property owners on either side of the block have signed a petition to get the work done it eliminates the need for a public hearing.  The total estimated cost is approximately $33,000.  Hill is recommending the council authorize this addition to the project.  Mayor Giese asked about the water service in this block.  Hill pointed out the water lines are okay.  Some of the residents are talking to the contractor about doing their own sewer lines up to their house.  Hill noted there is some contingency money built into this project which should be able to cover this, along with the additional three sewer lines along East 6th Street. 

Council member Miller moved, seconded by Storck, to adopt Resolution #3024-7-11, Resolution Approving Additional Residential Sewer Work for East 8th Street Residents.  Upon a roll call vote taken and all present voting in favor, motion carried. 

Resolution Appointing Aaron Jordan as City Attorney, Effective August 29, 2011: 

Hill indicated the best thing for the city is to contract these services with the county.  Beauregard noted as part of the hiring process a background check was done and Jordan is qualified in criminal law, well respected and comes with high praise.  Miller added he likes everything he has seen about Jordan and thinks it will be a good mix with the county. 

Carrington asked what disqualified somebody from town from being the city attorney.  Hill explained it is a part-time position and if someone works for another law firm you run the risk of conflict of interest and they also need to be able to do prosecution work.  Beauregard noted several times the city had to hire outside of Charlieís office due to a conflict of interest and this situation will eliminate that.  Storck asked if Jordan would attend council meetings.  Hill stated that would depend on how much the city wanted him to.  The majority of his work will be working with law enforcement and in the courtroom.

Council member Storck moved, seconded by Miller, to adopt Resolution #3025-7-11, Resolution Appointing Aaron Jordan as City Attorney, Effective August 29, 2011.  Upon a roll call vote taken and all presenting voting in favor, motion carried.

Resolution Approving an Agreement for Transfer of Entitlement for Federal Airport Funding to the City of Jackson, MN:  Hill noted each year the city receives $150,000 allocated for airport funding but can only keep four years worth.  The city has $21,248 left over that will be lost if it is not spent or transferred to another airport in Minnesota by September 30th.  The money is transferred with the condition that it will be given back when needed. 

Mayor Giese moved, seconded by Council member Miller, to adopt Resolution #3026-7-11, Resolution Approving an Agreement for Transfer of Entitlement for Federal Airport Funding to the City of Jackson, Minnesota.  Upon a roll call vote taken and all present voting in favor, motion carried.

CITY MANAGERíS REPORTS & RECOMMENDATIONS:  Appointments to Human Rights Commission:  Mayor Giese appointed the following individuals to the Human Rights Commission:  Ronald Kubik, Deb Stoneburg and Ronald Guyotte. 

City Manager Report:  Hill reviewed the legislative update with the council.  Hill stated he is working on the preliminary budget and levy and will bring it to the council in August.   

Hill informed the council the Tourism Board has set a focus group session with HTB Consultants for August 10th from 8:00 to 10:00 a.m. to collect information about the city for marketing and promotion. 

Hill stated he recently received a complaint about trains blocking a residentís driveway.  The city cannot control the trains, but can ask them to move and/or issue a citation and in this case a citation was issued.

With regard to franchise fees, Hill explained he went back and looked at the minutes of the council meetings and found that there was no formal action taken limiting what franchise money was to be used for.  Also, within the ordinance there isnít any language that dictates what the money is for.  Hill stated in his opinion thereís a consensus that there was discussion about doing that but no action was formally taken to limit what it was used for.  Hill stated there is a good process moving forward and everything will be laid out during a budget worksession.

NEW BUSINESS:  None

OLD BUSINESS:  None

INFORMATIONAL ITEMS:  None

ADJOURNMENT:  There being no further business, Mayor Giese adjourned the meeting at 6:17 p.m.

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