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MINUTES OF THE REGULAR MEETING

OF THE ORTONVILLE CITY COUNCIL

COUNTY OF BIG STONE, STATE OF MINNESOTA

MONDAY, OCTOBER 4, 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:  Lisa Berkner, Dan Oakes, Lenore Sellin, Mel Reinke, Mike Dorry and Artie Arndt.

City Staff Present: Judy Roberts, Curt Hormann, Tim Scherer and City Attorney Dave McLaughlin.

Others Present: Roy Bailey, Burton Nypen, LeVon Gerber, Virgil Gerber, Terry Gere, Steve Berkner, Craig Randleman, Jim Larson, Ryan Krosch, Bill Watson, Blair Johnson, Nick Anderson, Ted Eifealdt, Donna Leiferman, Mary Beling, Terry Kalberg, Kim Danielson.

Media Present:  Holly Hilbrands and 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:

 

12.e.  Police Department

13.a.  Letter from concerned citizen

 

PUBLIC HEARINGS:

At 7:06 P.M. Mayor Dinnel opened the public hearing for the discussion of the Heritage Preservation Commission.  Craig Randleman and Burton Nypen explained how this program would work.  After all who wished to be heard were heard, Mayor Dinnel declared the public hearing closed at 7:15.

 

At 7:16 P.M. Mayor Dinnel opened the public hearing for the discussion of the Small Cities Development Program. Dinnel explained how this program worked and that he and Roy Bailey had done a walk about to check out some of the buildings. Mayor Dinnel declared the public hearing closed at 7:20.

 

RECOGNITIONS/PRESENTATIONS/INTRODUCTIONS:

Carolyn Drude of Ehlers and Associates, Inc. was present to discuss the refinancing of the 1996A and l998A Bonds.  A motion was offered by Dinnel and seconded by Arndt and did pass unanimously “ To authorize the City Staff to work with Ehlers & Associates, Inc. to solicit proposals for the sale of $2,540,000 G.O. Refunding Bonds and report the results to the Council for consideration on November 15, 2004” as provided in the letter to the Council dated October 4, 2004.

 

PUBLIC HEARINGS:

Mayor Dinnel reopened the public hearing on the Small Cities Development Program.

Ryan Krosch was present to discuss the purpose of the program, how it works, and the requirements and who would be eligible.

 

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

 

RESOLUTION 04-085

SMALL CITIES DEVELOPMENT PROGRAM APPLICATION

LOCAL GOVERNMENT RESOLUTION

 

BE IT RESOLVED that the City of Ortonville act as the legal sponsor for project(s) contained in the Business and Community Development Application to be submitted 1 November, 2004 and that the Mayor and Deputy City Clerk are hereby authorized to apply to the Department of Trade and Economic Development for funding of this project on behalf of the City of Ortonville.

 

BE IT FURTHER RESOLVED that the City of Ortonville has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life.

 

BE IT FURTHER RESOLVED that the City of Ortonville has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickback, collusion, conflict of interest or other unlawful or corrupt practice.

 

BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Ortonville may enter into an agreement with the State of Minnesota for the above-referenced project(s), and that the City of Ortonville certifies that it will comply with all applicable laws and regulations as stated in all contract agreements and described in the Compliances Section of the Business and Community Development Application.

 

NOW, THEREFORE BE IT RESOLVED that the Mayor and Deputy City Clerk are hereby authorized to execute such agreements, and amendments thereto, as are necessary to implement the project(s) on behalf of the applicant.

 

I CERTIFY THAT the above resolution was adopted by the City Council of the City of Ortonville on October 4, 2004.

 

                                                                                           APPROVED:

 

                                                                                           ____________________

                                                                                           David Dinnel

                                                                                           Mayor

 

 

ATTEST:

 

_____________________________

Judith M. Roberts

Deputy City Clerk/Administrator

 

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

 

RESOLUTION 04-086

City of Ortonville

Big Stone County, Minnesota

 

Adopting HUD Section 8

Housing Quality Standards

 

WHEREAS, the City of Ortonville is applying for grant funds under the Small

         Cities Development Program (SCDP) for a housing rehabilitation program; and

 

WHEREAS, Section 8 Existing Housing Quality Standards have been developed to require program participants to comply with the rehabilitation minimum requirements stated within the standards to help assure the top priority of the proposed SCDP Housing Rehab Program to bring housing units into a safe, healthy and structurally sound condition.

 

THEREFORE, BE IT RESOLVED, by the City Council of the City of Ortonville, Minnesota, that the HUD Section 8 Existing Housing Quality Standards be adopted for Ortonville’s proposed Small Cities Development Program.

 

           This foregoing resolution was adopted and passed this fourth day of October 2004 by the Ortonville City Council.

 

 

                                                                                    APPROVED:

 

                                                                                    _______________________

                                                                                    David Dinnel

                                                                                    Mayor

 

ATTEST:

 

______________________________

Judith M. Roberts

Deputy City Clerk/Administrator

 

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

 

 

RESOLUTION 04-087

City of Ortonville

Big Stone County, Minnesota

 

Commitment of City Funds for the

Small Cities Development Program Grant Application

                                                                               

Whereas, the City of Ortonville is applying for grant funds under the Small Cities Development Program for a owner and renter occupied housing rehabilitation and commercial building rehabilitation; and

 

Therefore be it resolved, by the City Council of the City of Ortonville, Minnesota, that $2,000 will be provided as the local share for a Small Cities Development Program Grant if funded.

 

This foregoing resolution was adopted and passed this fourth day of October 2004, by the Ortonville City Council.

 

                                                                                    APPROVED:

 

                                                                                    _______________________

                                                                                    David Dinnel

                                                                                    Mayor

 

ATTEST:

 

______________________________

Judith M. Roberts

Deputy City Clerk/Administrator

 

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

 

           RESOLUTION 04-088

City of Ortonville
 

RESOLUTION IDENTIFYING

“SLUM AND BLIGHTING” CONDITIONS

 

WHEREAS, The City of Ortonville is undertaking a program of downtown revitalization and redevelopment; and

 

WHEREAS, The City of Ortonville has identified a specific area hereafter referred to as the “target area” in which revitalization activities will occur; and

 

WHEREAS, The City of Ortonville has assessed the condition of buildings and the other characteristics of the target area and has determined that the area can be characterized as blighted by reasons of “dilapidation, obsolescence, overcrowding, faulty arrangement or design, lack of ventilation, light, and sanitary facilities, excessive land coverage, deleterious land use or obsolete layout, or any condition of these factors, which are detrimental to the safety, health, morals, or welfare of the “community” in accordance with M.S. 469.002, Sub.11.

 

FURTHERMORE, the Ortonville City Council has identified the existence of substandard residential units, the inability of commercial structures to meet codes, the general condition of deteriorating storefronts on the commercial buildings and the existence of dilapidated structures in the area as contributing to the slum and blighting conditions of the target area.  (See attached map of target area.)

 

THEREFORE, BY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORTONVILLE THE AREA IDENTIFIED AS THE TARGET AREA (SEE ATTACHED MAP) IS CHARACTERIZED BY CONDITIONS MEETING THE DEFINITION OF ‘SLUM AND BLIGHT’.

 

Adopted this 4th day of October, 2004 by the Ortonville City Council.

 

APPROVED:

 

                                                                                    _______________________

                                                                                    David Dinnel

                                                                                    Mayor

 

ATTEST:

 

______________________________

Judith M. Roberts

Deputy City Clerk/Administrator

 

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

 

RESOLUTION 04-089
 City of Ortonville

Big Stone County, Minnesota

 

Adopting the Minnesota

Energy Efficiency Standards

 

WHEREAS, the State of Minnesota has developed energy efficiency standards to help conserve energy consumption in Minnesota; and

 

WHEREAS, the City of Ortonville is applying for grant funds under the Small Cities Development Program (SCDP) for a housing rehabilitation program; and

 

WHEREAS, this program has a high priority in making homes energy efficient thereby conserving energy consumption and lowering monthly housing energy costs for participating low and moderate income household residents.

 

THEREFORE, BE IT RESOLVED, by the City Council of the City of Ortonville, Minnesota, that the Minnesota Energy Efficiency Standards be adopted for the purpose of rehabilitation standards for the City’s proposed Small Cities Development Program.

 

This foregoing resolution was adopted and passed this fourth day of October 2004, by the Ortonville City Council.

 

APPROVED:

 

                                                                                    _______________________

                                                                                    David Dinnel

                                                                                    Mayor

 

ATTEST:

 

______________________________

Judith M. Roberts

Deputy City Clerk/Administrator

 

CITIZENS TO BE HEARD:

Virgil Gerber was present to discuss the problems with no storm sewer on the culdesac where he lives and the Rita Road Project.  Mayor Dinnel thanked Gerber for his concerns and comments.

 

CONSENT AGENDA:

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

 

9.a.                   Motion approving proposed council minutes of September 20,2004.

 

12.a                 First Reading of Ordinance (Ordinance 04-07) for the sale of the property by the City to Linda L. Krogsrud - Lot 1 (Ex. SE 60’), Block 14, 1st Addition to the City of Ortonville. 

 

13.a                 Berkner moved and Sellin seconded that the following resolution be adopted:

 

 

RESOLUTION 04-090

RESOLUTION APPROVING AGREEMENT FOR LOCAL AND LONG DISTANCE TELEPHONE SERVICE WITH TDS METROCOM, INC.

 

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville that the agreement with TDS Metrocom, Inc. approving the agreement to provide local and long distance telephone services – October 11, 2004 – October 10, 2006 for the City of Ortonville be and is hereby approved and the Mayor and Deputy 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, Dinnel and the following voted nay: none.

 

Resolution 04-090 passed this 4th day of October 2004.

 

                                                APPROVED:

                                               

                                                                                    ____________________       

David Dinnel

Mayor

 

ATTEST:

 

_____________________

Judith M. Roberts

Deputy 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:

Council discussed the recommendation by the Planning Commission for approval of variance requests from Allan Mueller and Brian Delage.  Oakes moved and Berkner seconded and the motion passed unanimously adopting the Findings of Fact on the Mueller variance request and the Delage variance request and to approve the recommendation of the Board of Appeal/Planning Commission to grant the variance requests of Mueller and Delage.

 

Upon recommendation of the Street Committee, Arndt moved and Sellin seconded and the motion passed unanimously to advertise for a used 6-wheel drive motor grader as per specifications furnished by the City of Ortonville.

 

Upon recommendation of the Street Committee, Dinnel moved and Reinke seconded and the motion passed unanimously to advertise for sale one used motor grader. The unit to be sold as-is with cab, heater, 14’ moldboard scarifier, 17.5 x 25 tires, v-plow and Balderson snow wing.

 

UNFINISHED BUSINESS:

The property at 6 NW 2nd St. was discussed.  Dave McLaughlin was present and said the City would have to get a court order in order to do any repairs on the building.  The City office will contact the County Courthouse to check on the property tax status and bring this information back to the next council meeting.

 

The Strege property was discussed, Dave McLaughlin will contact DEED and DNR for the restrictions on this property.

 

Two different style reports on the bills paid were presented to the Council for their choice as to which report they would like in their packet, the detailed or the department totals only. The Council was unanimous in that they wanted the detailed report of all the bills paid

 

A motion was made by Berkner and seconded by Reinke to retain the Police Department for 5 years.  After much discussion the motion was put to a vote and was passed with the following voting yes: Berkner, Reinke, Dinnel, Dorry and Arndt, the following voted no: Oakes and Sellin.

 

Reinke read a letter from a concerned citizen regarding the Eahtonka and the docks at the foot of the lake.  No action was taken.

 

Dinnel moved that the following resolution be adopted:

 

                                                           RESOLUTION 04-091

                                   A RESOLUTION ORDERING IMPROVEMENTS

(AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS)

 

WHEREAS, after due Notice of Public Hearing on the construction of improvements for the City of Ortonville, Minnesota, hearing on said improvements was duly held and the Council heard all persons desiring to be heard on the matter of fully considered the same,

 

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ortonville, Minnesota, as follows:

 

1.         Said improvements are necessary, cost-effective, and feasible as detailed in the feasibility report.

 

2.         It is advisable, expedient and necessary that said improvements as described in the Notice of Hearing thereon be constructed, and the same are hereby ordered made.

 

3.         The improvements described in said Notice of Hearing are hereby designated and shall be known as Sanitary Sewer Extension-Hilltop Project.

 

4.         The Final Plan and Specifications prepared by the consulting engineers, Larson-Peterson & Associates, Inc., for said improvements, by the Consulting Engineers, Larson-Peterson & Associates, Inc., are approved.

 

5.         The City Council shall let the contract for all or part of the work for said improvements or order all or part of the work done by day labor or otherwise as authorized by Minnesota Statutes, Section 429.041, Subdivision 2 within eighteen months of the date of this resolution ordering said improvements.

 

The motion for the adoption of the foregoing resolution was duly seconded by member Reinke, and upon a vote being taken thereon, the following voted in favor thereof:   Dinnel, Reinke, Dorry, Arndt, Berkner, Oakes and Sellin , and the following voted against the same: None.

 

Whereupon, said Resolution 04-091 passed this 4th day of October, 2004.

 

APPROVED:

 

_______________________________

David Dinnel

Mayor

ATTEST:

_____________________________

Judith M. Roberts

Deputy City Clerk/Administrator

 

At 9:22 Arndt moved to go into executive session.

Mayor Dinnel closed the public meeting at 9:23 and entered into executive session.

The executive session closed at 9:30.  The regular meeting was again opened to the public.  The council discussed the matter of the letter on lawn mowing.  Arndt moved and Reinke seconded and the motion passed unanimously to have the Mayor write a letter of apology to Gerald Hanratty regarding the handling of the policy on lawn mowing.

 

ADJOURNMENT:

There being no further business to come before the Council, Reinke moved the adjournment of the meeting and with no objections thereto, Dinnel adjourned the October  4, 2004  meeting of the Ortonville City Council at 9:35.                                                      

 

_____________________

Judith M. Roberts, Deputy City Clerk-Administrator

 

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