06/21/04

MINUTES OF THE REGULAR MEETING

OF THE ORTONVILLE CITY COUNCIL

COUNTY OF BIG STONE, STATE OF MINNESOTA

MONDAY, JUNE 21, 2004 7:00 P.M.

CLINIC BUILDING

CALL TO ORDER AND ROLL CALL:

Mayor Dinnel called the regular meeting of the Ortonville City Council to order at 7:00 P.M. Roll call was taken with the following being present: Mike Dorry, Artie Arndt, Lenore Sellin, Lisa Berkner, Mel Reinke, Dan Oakes with the following absent: None. City Staff Present: Char Grossman, Roger Anderson, Tim Scherer, Angie Falco, Kathy Korth. Others present: Steve Berkner, Norm Haukos, Mark Thompson. Media present: Holly Hilbrands, Ryan Stattelman.

AGENDA AMENDMENTS:

A motion was offered by Reinke and seconded by Sellin and did pass unanimously to approve the agenda as amended:

Additions:

Recognitions/Presentations/Introductions

6.b Norm Haukos – DNR Fisheries – Walleye Holding Facility

Unfinished Business

12.c Sanitary Sewer Cleaning & Televising Bid

12.d Tire Report

12.e Ambulance Director Hire

New Business:

13.g Swimming Pool & Summer Recreations Hires

13.h Non-Intoxicating Malt Liquor License – Pizza Ranch

RECOGNITIONS/PRESENTATIONS/INTRODUCTIONS:

Mark Thompson was present to advise the City Council of his intent to approach the Golf Board to request a two year extension of the clubhouse lease.

Norm Haukos, DNR Fisheries, requested the entire Strege property consisting of 22 acres for the establishment of an aquatic management area to promote fishing and construct a walleye holding facility. A motion was made by Dorry and seconded by Oakes and the motion did pass to turn over the entire Strege property to the DNR pending approval by the DNR. Motion passed 4-3 – Reinke, Arndt, Berkner voted no.

CONSENT AGENDA:

Dinnel asked if there were any additions, corrections, or deletions to be made to the Consent Agenda. Motion was made by Reinke and seconded by Sellin, to approve the Consent Agenda which included the following items:

9.a Motion approving proposed council minutes of June 7, 2004.

10.a Motion approving installation of dock east of the Eahtonka.

10.b Motion approving the spraying of weeds at the Lakeside Park.

11.a Reinke moved and Sellin seconded that the following resolution be adopted:

RESOLUTION 04-044

APPROVING GARBAGE HAULING AGREEMENT

BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Ortonville, Minnesota that the Agreement substantially in the form presented to this meeting between the City and Waste Management of Minnesota, Inc. for the collection and disposal of garbage for the City is hereby approved and that the Mayor and the Clerk-Administrator are hereby authorized to execute said agreement on behalf of City.

Upon roll call vote the following voted aye: Dorry, Oakes, Reinke, Dinnel, Berkner, Sellin, Arndt and the following voted nay: none.

Resolution 04-044 passed this 21^st day of June 2004.

APPROVED:

____________________

David Dinnel,

Mayor

ATTEST:

_____________________

Charleen K. Grossman,

City Clerk-Administrator

11.b Reinke moved and Sellin seconded that the following resolution be adopted:

RESOLUTION 04-045

RESOLUTION APPROVING THE INCREASE OF ELECTRIC HEAT CUSTOMER DEPOSIT

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville that upon the recommendation of the Utility Committee the electric heat customer deposits be increased from $200 to $300.

Upon roll call vote the following voted aye: Dorry, Oakes, Reinke, Dinnel, Berkner, Sellin, Arndt and the following voted nay: none.

Resolution 04-045 passed this 21^st day of June 2004.

APPROVED:

____________________

David Dinnel,

Mayor

ATTEST:

_____________________

Charleen K. Grossman,

City Clerk-Administrator

11.c Reinke moved and Sellin seconded that the following resolution be adopted:

RESOLUTION 04-046

RESOLUTION APPROVING TESTING OF RAW WATER

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville that upon the recommendations of the Utility Committee and Ulteig Engineers additional testing of the City of Ortonville’s raw water at a cost of $450 be approved.

Upon roll call vote the following voted aye: Dorry, Oakes, Reinke, Dinnel, Berkner, Sellin, Arndt and the following voted nay: none.

Resolution 04-046 passed this 21^st day of June 2004.

APPROVED:

____________________

David Dinnel,

Mayor

ATTEST:

_____________________

Charleen K. Grossman,

City Clerk-Administrator

11.d Reinke moved and Sellin seconded that the following resolution be adopted:

RESOLUTION 04-047

RESOLUTION ACCEPTING THE BID FROM HIGHWAY IMPROVEMENT, INC. FOR 2004 STREET CRACK FILLING

WHEREAS, the Council of the City of Ortonville (“Council”) had previously advertised for bids to be received to rout, blow and seal cracks and joints of various Ortonville streets during the summer of 2004 (“Project”), and

WHEREAS, Project bids have now been received and reviewed by the Council and they are as follows: Highway Improvement, Inc., Sioux Falls, SD, $3,500.00, and

WHEREAS, the bid of Highway Improvement, Inc., Sioux Falls, South Dakota (“Highway Improvement”) in the amount of $3,500.00 has been determined by the Council to be the lowest responsible bid for the Project.

NOW THEREFORE BE IT RESOLVED by the Council that:

1. The bid of Highway Improvement is hereby accepted.

2. That the Mayor and Clerk-Administrator be and are hereby authorized to execute necessary contract documents with Highway Improvement.

Upon roll call vote the following voted aye: Arndt, Sellin, Dorry, Berkner, Oakes, Reinke, Dinnel and the following voted nay: none.

Resolution 04-047 passed this 21^st day of June 2004.

APPROVED:

____________________

David Dinnel,

Mayor

ATTEST:

_____________________

Charleen K. Grossman,

City Clerk-Administrator

11.e Reinke moved and Sellin seconded that the following resolution be adopted:

RESOLUTION 04-048

RESOLUTION ACCEPTING BITUMINOUS PAVING, INC.

BID FOR 2004 STREET SEAL COATING PROJECT

WHEREAS, the Council of the City of Ortonville (“Council”) had previously advertised for bids to be received for the seal coating of various Ortonville streets during the summer of 2004 (“Project”), and

WHEREAS, Project bids were received as follows: Bituminous Paving Inc. $20,000.00, and

WHEREAS, Project bids have now been reviewed by the Council, and

WHEREAS, the bid of Bituminous Paving, Inc., Ortonville, Minnesota (“Bituminous”) in the amount of $20,000.00 has been determined by the Council to be the lowest responsible bid for the Project.

NOW THEREFORE BE IT RESOLVED by the Council that:

1. The bid of Bituminous is hereby accepted.

3. That the Mayor and Clerk-Administrator be and are hereby authorized to execute necessary contract documents with Bituminous.

Upon roll call vote the following voted aye: Dinnel, Arndt, Sellin, Oakes, Berkner, Reinke, Dorry and the following voted nay: none.

Resolution 04-048 passed this 21^st day of June 2004.

APPROVED:

_____________________

David Dinnel

Mayor

ATTEST:

_____________________

Charleen K. Grossman

City Clerk/Administrator

12.a Second Reading of Ordinance (Ordinance 04-05) pertaining to

amending the Land Use Code of the City of Ortonville as follows:

150.075 (I) …25% or more; a lot larger than 15,000 square feet shall justify accessory buildings not to exceed 1,500 square feet and a lot larger than 25,000 square feet shall justify accessory buildings not to exceed 1,800 square feet.

150.075 (F)(2) …dwelling unit. If requested by owner, can exceed the 16 feet height to conform in architecture, roof pitch and appearance of that residence not to exceed residences overall height.

12.b Second Reading of Ordinance (Ordinance 04-06) pertaining to the

establishment of two handicapped parking spaces located on the SE side of the Ortonville Public Library.

13.a Motion rescheduling next regular council meeting to July 6^th due to the July 4^th Holiday.

13.b Reinke moved and Sellin seconded that the following resolution be adopted:

RESOLUTION 04-049

RESOLUTION APPROVING AGREEMENT WITH PITNEY BOWES FOR MAILING SYSTEM

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville that the rental agreement with Pitney Bowes for a mailing system for the City Office in an amount of $103 monthly be and is hereby approved and the Mayor and City Clerk/Administrator are hereby authorized to execute necessary documents to carry out the intent of this resolution.

Upon roll call vote the following voted aye: Sellin, Berkner, Arndt, Dinnel, Dorry, Reinke, Oakes and the following voted nay: none.

Resolution 04-049 passed this 21^st day of June 2004.

APPROVED:

____________________

David Dinnel,

Mayor

ATTEST:

_____________________

Charleen K. Grossman,

City Clerk-Administrator

13.c Reinke moved and Sellin seconded that the following resolution be adopted:

RESOLUTION 04-050

AUTHORIZATION TO EXECUTE MINNESOTA DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT FOR AIRPORT CONSULTANT SERVICES

It is resolved by the City of Ortonville as follows:

1. That the State of Minnesota Agreement No. 0601-18, “Grant Agreement for Airport Consultant Service,” for State Project No. 86728 at the Ortonville Municipal Airport is accepted.

2. That the Mayor and City Clerk/Administrator are authorized to execute this Agreement and any amendments on behalf of the City of Ortonville.

Upon roll call vote the following voted aye: Sellin, Berkner, Arndt, Dinnel, Dorry, Reinke, Oakes and the following voted nay: none.

Resolution 04-050 passed this 21^st day of June 2004.

APPROVED:

____________________

David Dinnel,

Mayor

ATTEST:

_____________________

Charleen K. Grossman,

City Clerk-Administrator

13.c Reinke moved and Sellin seconded that the following resolution be adopted:

RESOLUTION 04-051

APPOINTING AND DESIGNATING THE COMMISSIONER OF TRANSPORTATION AS AGENT FOR THE CITY OF ORTONVILLE, HEREAFTER IDENTIFIED AS THE MUNICIPALITY.

BE IT RESOLVED THAT:

For the purpose of carrying out federally funded airport improvement projects, the Municipality does hereby appoint and designate the Commissioner of Transportation of the State of Minnesota as its agent and authorizes the Commissioner or the Commissioner’s duly authorized representative:

1. To prepare and submit the Application for Federal Assistance to the Federal Aviation Administration (FAA).

2. To accept, receive, receipt for, and disburse any monies, either public or private, on behalf of the Municipality, including money received from the United States or from the State of Minnesota, and to deposit such monies with the State Treasurer.

3. To pay to the Municipality any amount of such money received as may become due under the Municipality’s contracts in accordance with federal laws, rules, and regulations and applicable laws of this state.

The Municipality has reviewed and understands the FAA’s “Terms and Conditions of Accepting Airport Improvement Program Grants”.

This Resolution shall remain in effect until such time as revoked.

Upon roll call vote the following voted aye: Sellin, Berkner, Arndt, Dinnel, Dorry, Reinke, Oakes and the following voted nay: none.

Resolution 04-051 passed this 21^st day of June 2004.

APPROVED:

____________________

David Dinnel,

Mayor

ATTEST:

_____________________

Charleen K. Grossman,

City Clerk-Administrator

15. Motion approving payment of bills as presented.

With all members voting in favor, the motion carried.

RECOMMENDATIONS OF CITIZEN BOARDS, COMMITTEES AND COMMISSIONS:

Oakes moved and Dinnel seconded that the following resolution be adopted:

RESOLUTION 04-052

RESOLUTION APPROVING GOLF & PARKS WAGE SCHEDULE

BE IT AND IT IS HEREBY RESOLVED upon the recommendation of the Personnel Committee, the wage schedules for Golf & Parks – Short Term Employees and Golf & Parks – Long Term Employees are approved as filed in the City Office.

Upon roll call vote the following voted aye: Sellin, Berkner, Arndt, Dinnel, Dorry, Reinke, Oakes and the following voted nay: none.

Resolution 04-052 passed this 21^st day of June 2004.

APPROVED:

____________________

David Dinnel,

Mayor

ATTEST:

_____________________

Charleen K. Grossman,

City Clerk-Administrator

The Library Board request for additional funds for repairs & maintenance was discussed. Will check if the City crew would be available for some of their maintenance concerns. Library Board will deliberate as to future needs regarding maintenance for 2004 and make a request for funds.

The Golf Board request for golf memberships for full-time employees was discussed.

City staff will check into past decisions by the City Attorney regarding the golf

memberships as a benefit.

UNFINISHED BUSINESS:

Reinke moved and Sellin seconded that the following resolution be adopted:

RESOLUTION 04-053

RESOLUTION AWARDING BID FOR CLEANING & TELEVISING SEWER LINES

WHEREAS, the Council of City of Ortonville has obtained Larson-Peterson & Associates, Inc. as engineers for the Hilltop sewer project and bids have been requested for the cleaning & televising of the Hilltop sewer lines, and

WHEREAS, bids have now been received and reviewed by the Council, and

WHEREAS, bids were received for Project as follows:

Infrastructures Technologies, Inc. $5,535.02

Visu-Sewer Clean & Seal, Inc. $6,494.44

WHEREAS, the bid of Infrastructures Technologies, Inc., Rogers, Minnesota in the amount of $5,535.02 has been determined by the Council to be the lowest responsible bid for the Project.

NOW THEREFORE BE IT RESOLVED by the Council that:

1. The bid of Infrastructures Technologies, Inc. is hereby accepted.

2. That the Mayor and Clerk-Administrator be and are hereby authorized to execute necessary documents for said Project.

Upon roll call vote the following voted aye: Sellin, Berkner, Arndt, Dinnel, Dorry, Reinke, Oakes and the following voted nay: none.

Resolution 04-053 passed this 21^st day of June 2004.

APPROVED:

____________________

David Dinnel,

Mayor

ATTEST:

_____________________

Charleen K. Grossman,

City Clerk-Administrator

Council Member Reinke reported that Pro-Auto has acquired a tire grinding machine. The problem with the excess tires will be taken care of soon.

Reinke moved and Dinnel seconded that the following resolution be adopted:

RESOLUTION 04-054

RESOLUTION HIRING AMBULANCE DIRECTOR/ACCOUNT MANAGER

BE IT AND IT IS HEREBY RESOLVED that the Council of the City of Ortonville, Minnesota hereby approves the recommendation of the Ambulance Board that James Hasslen be hired by the City as Ambulance Director/Account Manager and that said employment is hereby approved as follows:

3. Employment date is July 1, 2004

4. Monthly pay for Ambulance Director shall be $414.00

5. Monthly pay for Account Management shall be $258.28

Upon roll call vote the following voted aye: Sellin, Berkner, Arndt, Dinnel, Dorry, Reinke, Oakes and the following voted nay: none.

Resolution 04-054 passed this 21^st day of June 2004.

APPROVED:

____________________

David Dinnel,

Mayor

ATTEST:

_____________________

Charleen K. Grossman,

City Clerk-Administrator

NEW BUSINESS:

The operation of all-terrain vehicles on City streets was discussed. A request from a South Dakota resident to drive to work in Minnesota has been received. According to the City of Ortonville Code of Ordinances “no all-terrain vehicles shall be permitted to be operated on the public streets or public rights-of-way within the city”. Further questions should be directed to the Ortonville Police Department.

Dinnel announced that he had made the City Council Committee appointments. A motion was made by Dinnel, seconded by Reinke and said motion passed unanimously approving the following Committee appointments:

Audit & Insurance Committee – City Council

Street Committee – Artie Arndt, Lenore Sellin, Mike Dorry

Budget & Levy Committee – David Dinnel, Lenore Sellin, Dan Oakes

Board of Review – Lisa Berkner, Artie Arndt, Mel Reinke

Utility Committee – Mel Reinke, Lisa Berkner, Dan Oakes

Wage Committee – City Council

Dorry moved and Berkner seconded that the following resolution be adopted:

RESOLUTION 04-055

RESOLUTION HIRING SEASONAL POOL EMPLOYEES AND SUMMER RECREATIONS EMPLOYEES

BE IT AND IT IS HEREBY RESOLVED that the Council of the City of Ortonville, Minnesota, hereby hires the following seasonal employees for the swimming pool and summer recreation department at the city’s summer recreation/pool pay scale: Laura Lantis and Sara Graham – APD, Shawna Sparby, Christina Scholberg, Kirby Athey, Kelsey Watkins – Lifeguards, Laura Marsolek – story stretchers, Jessica Henrichs – softball, Lindsey Swenson – softball, Julia Nelson – softball/gymnastics, Christopher Fellows – baseball.

Upon roll call vote the following voted aye: Sellin, Berkner, Arndt, Dinnel, Dorry, Reinke, Oakes and the following voted nay: none.

Resolution 04-055 passed this 21^st day of June 2004.

APPROVED:

_______________________

David Dinnel

Mayor

ATTEST:

______________________________

Charleen K. Grossman

City Clerk/Administrator

A motion was made by Reinke, seconded by Sellin and said motion passed unanimously approving the non-intoxicating malt liquor license for the Ortonville Pizza Ranch.

CLERK/ADMINISTRATOR REPORTS & RECOMMENDATIONS:

A request has been received for garbage containers at the Lakeside Park for the Citizens For Big Stone Lake Picnic on June 27^th. After discussion a motion was made by Arndt and seconded by Sellin and the motion did pass to place a dumpster at the park for the upcoming picnic. Motion passed 5-2 – Dorry, Reinke voted no. The placing of garbage receptacles in the parks for special occasions will be discussed at the next Park Board meeting.

The use of city property for storage of road waste products was discussed. The street committee will discuss at their next meeting.

The property between Pro-Auto and Berkners was discussed. The land has grown up with trees and grass. The question as to what can be done with the property since this is another FEMA situation. Upon the recommendation of the City Attorney no action will be taken to change the land.

The sale of the Lot on the corner of 5^th and Monroe was discussed. City Attorney is checking on the options of the City.

John Stolpman is protesting the charging of water and sewer service charges on his former office since the fire. This was referred to the Utility Committee for recommendation. A letter will be sent to Stolpman regarding the referral.

ADJOURNMENT:

There being no further business to come before the Council, Dorry moved the adjournment of the meeting and with no objections thereto, Dinnel adjourned the June 21, 2004 meeting of the Ortonville City Council at 8:05 P.M.

_________________________________

Charleen K. Grossman, City Clerk-Administrator