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:
ATTEST:
_____________________________
Judith M. Roberts
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
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
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