09-20-04

MINUTES OF THE REGULAR MEETING

OF THE ORTONVILLE CITY COUNCIL

COUNTY OF BIG STONE, STATE OF MINNESOTA

MONDAY, SEPTEMBER 20, 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: Mel Reinke, Artie Arndt, Mike Dorry, Lenore Sellin with the following absent: Dan Oakes, Lisa Berkner. City Staff Present: Char Grossman, Curt Hormann, Roger Anderson. Others present: Bob Schlieman, Tom Augustin, Duane Ninneman, Maureen Laughlin, Roy Bailey, Neal Block, Becky Block, Linda Krogsrud, Jim Larson, Ronda Maas, Keith Kindelberger, Renee Eustice, Joe Eustice. 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:

Change Agenda Order:

Public Hearings

Bids

Additions:

Clerk/Administrator Reports & Recommendations:

14.b Charter Commission

PUBLIC HEARINGS:

At 7:04 P.M. Mayor Dinnel opened the public hearing for the adoption of the engineer’s report recommending the Hilltop sanitary sewer improvements and to hear concerns of property owners regarding assessing of these improvements. All who wished were heard and the following is a summary of their respective concerns:

Jim Larson – concerns regarding the timeline and property owners notice

Duane Ninneman – cost of assessments in comparison to value of property

Keith Kindelberger – assessments of lots

Neil Block – abutting property assessments

After all who wished to were heard, Mayor Dinnel declared the public hearing closed at 7:29.

Bob Schlieman, Larson-Peterson/Ulteig Engineers, updated the Council regarding the bid opening of the Hilltop sewer project. Seven bids have been received and reviewed.

Upon the recommendation of engineers, Reinke moved and Arndt seconded that the following resolution be adopted:

RESOLUTION 04-078

RESOLUTION AWARDING 2004 SANITARY SEWER EXTENSION HILLTOP PROJECT BID

WHEREAS, the Council of the City of Ortonville had previously advertised for bids to be received for the construction of the 2004 Sanitary Sewer Extension Hilltop Addition, and

WHEREAS, bids were received for the project as follows:

Duininck Bros. Inc. $165,193.00

H & W Contracting LLC $192,977.20

Louis SJ Construction Inc. $182,232.25

MidStates Utilities $210,697.00

Quam Construction Co. Inc. $210,266.20

Sellin Bros. Inc. $168,726.50

Ernst Trenching Inc. $172,568.15

WHEREAS, the bid of Duininck Bros. Inc., Prinsburg, Minnesota in the amount of $165,193.00 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 Duininck Bros. Inc. is hereby accepted.

2. That the Mayor and Clerk-Administrator be and are hereby authorized to execute said contract with Duininck Bros. Inc.

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

Resolution 04-078 passed this 20^th day of September 2004.

APPROVED:

_______________________

David Dinnel

Mayor

ATTEST:

______________________________

Charleen K. Grossman

City Clerk/Administrator

A motion was made by Dinnel and seconded by Reinke and the motion passed unanimously that upon the recommendation of the utility committee that the special assessments for the 2004 Sanitary Sewer Extension Hilltop Project be deferred until improvements are made to property.

RECOGNITIONS/PRESENTATIONS/INTRODUCTIONS:

Renee Eustice, Family Readyness Group, requested permission to place yellow ribbons on the light poles on Main Street for the deployment of the guards. A motion was made by Dorry and seconded by Reinke and the motion passed unanimously that yellow ribbons can be place on the poles and that the City Staff will be available for assistance.

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 (with the exception of 10.a Personnel Committee is recommending the advertising of the Golf Superintendent position) which included the following items:

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

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

adopted:

RESOLUTION 04-079

RESOLUTION APPROVING THE PURCHASE OF AN EDCO SCARIFIER-CONCRETE GRIDER

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville that the purchase of an Edco Scarifier-Concrete Grinder as recommended by the Street Committee in the amount of $4,000 plus freight be and is hereby approved with funds coming from the street capital improvements-equipment budget.

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

Resolution 04-079 passed this 20^th day of September 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 04-080

RESOLUTION APPROVING HEAT PUMP REBATE AND RATE

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville that that upon the recommendation of the Utility Committee, utility customers will be eligible for a $20.00 per KW rebate for heat pumps and will be eligible for the controlled rate upon making application.

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

Resolution 04-080 passed this 20^th day of September 2004.

APPROVED:

_______________________

David Dinnel

Mayor

ATTEST:

______________________________

Charleen K. Grossman

City Clerk/Administrator

11.c Motion approving the utility committee recommendation that the City Staff work with the engineers to determine the most efficient and cost effective plans for the construction of the AMR system.

11.d Motion approving the utility committee recommendation to relocate the street lights on Cliff Street.

13.a Reinke moved and Sellin seconded that the following resolution be

adopted:

RESOLUTION 04-081

RESOLUTION ACCEPTING THE AMENDMENT TO SERVICES AGREEMENT WITH MMUA FOR 2004-2005 SAFETY COMPLIANCE GROUP CONTRACT

WHEREAS, the Service Agreement entered into between Minnesota Municipal Utilities Association and the City of Ortonville, dated August 31, 2004, contract number 59-2005 for the safety compliance group is amended as follows:

Duration from October 1, 2004 until September 30, 2005

Compensation $5,850.51

NOW THEREFORE BE IT RESOLVED by the Council that:

1. The Agreement is hereby approved as amended as of September 20, 2004.

2. That the Mayor and Clerk-Administrator be and are hereby authorized to execute amended Agreement.

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

Resolution 04-081 passed this 20^th day of September 2004.

APPROVED:

____________________

David Dinnel

Mayor

ATTEST:

_____________________

Charleen K. Grossman,

City Clerk-Administrator

13.b Motion approving Homecoming parade request.

13.c Motion proclaiming October 2004 at Domestic Violence Awareness Month.

15. Motion approving payment of bills as presented.

With all members voting in favor, the motion carried.

RECOMMENDATIONS OF CITIZEN BOARDS, COMMITTEES AND COMMISSIONS:

Advertising for the Golf Superintendent position was discussed. Council Member Arndt questioned the length the advertisements were to be run in the trade journal and newspapers. This will depend on the publication deadline date of the trade journal.

A motion was made by Arndt and seconded by Reinke and the motion passed unanimously that upon the recommendation of the Personnel Committee the position of Golf Course Superintendent will be advertised in several newspapers, trade journals and on the City of Ortonville’s web site.

UNFINISHED BUSINESS:

The speed limit on Lundell Avenue was discussed. Chief Hormann has researched the Minnesota Statutes regarding speed limits. The speed limit within cities is 30 MPH except in specific areas and senior housing areas are not an exception. No action taken.

The sale of the city property on the corner of Monroe and 5^th Street-Lot 1 (Ex. SE 60’) Block 14, 1^st Addition was again discussed. The deed has been received for the property. Quotes have been received until 5:00 P.M. on Friday, June 25, 2004 according to City Council action on June 6, 2004. The following two bids have been received by the June 25^th deadline: Kyle Kirkeby - $500.00 and Linda L. Krogsrud - $1,200.00.

A motion was made by Reinke to call the two bidders to requests changes in their bids by Friday, Sept. 24th at 5:00 P.M. No second.

A motion was made by Dorry and seconded by Sellin and the motion passed to accept Linda L. Krogsrud’s high bid within the deadline date of June 25, 2004 in the amount of $1,200.00. Motion passed 3-2 – Arndt, Dinnel voted no.

Roy Bailey reported on the problems finding a brick layer to look at the property at 6 NW 2^nd Street. A motion was made by Arndt and seconded by Reinke and the motion passed requesting Roy Bailey to draw up general specification for the repair of the building. Specifications will be available for review at the next council meeting. Motion passed 4-1 – Dorry voted no.

A letter from Pat Armon regarding the use of the Strege property was reviewed. More information will be obtained from the DNR.

Additional money has been requested by the Library Board, Arndt moved and Dinnel seconded that the following resolution be adopted:

RESOLUTION 04-082

RESOLUTION APPROVING LIBRARY BOARD’S REPAIR REQUEST

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville that that upon the request of the Library Board, an additional $750.00 for repairs and maintenance at the Ortonville Library be approved, with the transfer coming from the General Fund.

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

Resolution 04-082 passed this 20^th day of September 2004.

APPROVED:

_______________________

David Dinnel

Mayor

ATTEST:

______________________________

Charleen K. Grossman

City Clerk/Administrator

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

RESOLUTION 04-083

RESOLUTION APPROVING AGREEMENT CONFIRMING 5% PAYMENT IN LIEU OF TAXES

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville, Minnesota that an agreement between the City of Ortonville and the Ortonville Economic Development Authority to confirm a 5% payment in lieu of taxes for the housing development project is hereby approved and further that the Mayor and Clerk-Administrator are hereby authorized to sign said agreement.

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

Resolution 04-083 passed this 20^th day of September 2004.

APPROVED:

_______________________

David Dinnel

Mayor

ATTEST:

______________________________

Charleen K. Grossman

City Clerk/Administrator

The August 30, 2004 letter from the USDA Rural Development was discussed. Roger Anderson explained that the USDA is in need of a letter from the City of Ortonville outlining the timeframe for the City Office to become totally handicapped accessible. A motion was made by Dorry and seconded by Reinke and the motion passed unanimously authorizing the City Clerk/Administrator and Roger Anderson to prepare a letter to the USDA.

CLERK/ADMINISTRATOR REPORTS & RECOMMENDATIONS:

Since the City is totally on our new computer system, two different lists of bills were presented to the Council Members. The discussion was tabled until all members are present.

The establishment of a Charter Commission was discussed at the September 7^th meeting. Research of City records revealed that on November 2, 2001 pursuant to Chapter 410 of Minnesota Statutes the following qualified voters of the City of Ortonville were appointed to the Charter Commission for a four-year term:

David Dinnel

John Jurgens

Leonard Olson

Paul Taffe

Bob Pflueger

Dan Oakes

Ken Archer

Lisa Berkner

Scott Simonitch

Burt Nypen

Dr. Al Ross

Tim Scherer

Roman Taffe

Marilyn Hanson

Sharon Finke

These people will be contacted to determine if they are still interested in serving as a Charter Commission Member.

The Mayor has reviewed a Model City Charter and is recommending the purchase of the booklet. Dinnel moved and Reinke seconded that the following resolution be adopted:

RESOLUTION 04-084

RESOLUTION APPROVING PURCHASE OF 15 MODEL CITY CHARTER BOOKLETS

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville that 15 copies of the Model City Charter Booklets be ordered for Charter Commission Members at a rate of $15.00 per copy plus shipping and handling be approved, with funds from Mayor and Council Budget.

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

Resolution 04-084 passed this 20^th day of September 2004.

APPROVED:

_______________________

David Dinnel

Mayor

ATTEST:

______________________________

Charleen K. Grossman

City Clerk/Administrator

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 September 20, 2004 meeting of the Ortonville City Council at 8:30 P.M.

_________________________________

Charleen K. Grossman, City Clerk-Administrator