MINUTES OF THE REGULAR MEETING

OF THE ORTONVILLE CITY COUNCIL

COUNTY OF BIG STONE, STATE OF MINNESOTA

MONDAY, DECEMBER 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: Artie Arndt, Lenore Sellin, Lisa Berkner, Dan Oakes with the following absent: Mike Dorry, Mel Reinke. City Staff Present: Char Grossman, Tim Scherer, Curt Hormann. Others present: Tom Koop. Media present: Holly Hilbrands, Ryan Stattelman.

AGENDA AMENDMENTS:

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

Add:

New Business

13.d Street Lights by Pro Auto

13.e Development Meeting

13.f RSVP Volunteers

Recommendation of Citizen Boards, Committees and Commissions

10.g Golf Recommendation – Board Appointments

Additional Information Contained in Packet

1. Personnel Committee Minutes – December 9, 2004

RECOGNITIONS/PRESENTATIONS/INTRODUCTIONS:

Tom Koop, LAWCO, proposed three auditing options available to the City of Ortonville. 1) Cash Basis; 2) Middle of the Road Option; and 3) GASB 34. The cost issue is a concern of the Council with increases being as much as $9,000 for the first year. Koop will provide auditor reports showing how a cash basis is reported before the January 10^th meeting.

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 Arndt, to approve the Consent Agenda (with the exception of 9.a Approve 12/6/04 Regular Council Minutes) which included the following items:

10.a Berkner moved and Arndt seconded that the following resolution be adopted:

RESOLUTION 04-109

RESOLUTION APPROVING THE PURCHASE OF STORAGE SHED

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville that the purchase of a storage shed from Dakota Storage Buildings as recommended by the Health Care Board in the amount of $4,150.00 be and is hereby approved.

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

Resolution 04-109 passed this 20^th day of December 2004.

APPROVED:

____________________

David Dinnel

Mayor

ATTEST:

_____________________

Charleen K. Grossman

City Clerk-Administrator

10.b First Reading of Ordinance (Ordinance 05-01) pertaining to

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

Section 1. The Land Use Code of the City, Section 150.075(F), be amended and codified to read as follows:

"(F) Building design standards. The architectural design and appearance of all accessory buildings and structures shall comply with the following standards:

(1) In other than the A-O, R-3, B-1, B-2, B-3, I-1 and I-2 districts, only asphalt shingles, asphalt roofing materials, cedar shakes, cedar shingles, color metal roofs (excluding galvanized), copper roofs and rubber roofs shall be permitted as roof coverings in the R-1 and R-2 residential districts; and

(2) The exterior finish of all accessory buildings in the R-1, R-2 and R-3 districts shall match as close as possible the exterior finish of the dwelling unit on the lot. For example, lap siding on the dwelling unit shall make lap siding on the accessory building mandatory, board and batten siding shall make board and batten siding on the accessory building mandatory. Boxed eves and rakes on accessory buildings shall be required where they occur on the 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 residence's overall height. Brick, stucco and stone dwellings shall justify a variance for an accessory building; and

(3) Non-garage accessory buildings' exterior finish in R-1, R-2 and R-3 districts shall match as close as possible the color of the dwelling unit on the lot, and

1. Metal sheds more than 120 square feet are not allowed, and

(5) Accessory buildings shall be designed to support a 26-pound per square foot live roof load; and

(6) Metal lawn or storage sheds 120 square feet or less in floor area shall be exempt from these standards.

10.c Motion approving the recommendation of the Park Board setting the 2004-05 Skating Rinks hours as follows:

3:30 – 5:30 Monday – Friday - City Employee to Man Rink

5:30 – 8:00 Tuesday and Thursday - Volunteers to Man Rink

1:00 – 5:00 Saturday and Sunday - City Employee to Man Rink

Additional hours - Volunteers to Man Rink with approval of City

11.a Upon the recommendation of the Utility Committee, Berkner moved and Arndt seconded that the following resolution be adopted:

RESOLUTION 04-110

RESOLUTION APPROVING MIDWEST ISO MARKET IMPLEMENTATION 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 of Ortonville and Missouri Basin Municipal Power Agency to fulfill the City of Ortonville’s obligation to be represented by a Market Participant (Midwest ISO Market Implementation Agreement) 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: Oakes, Sellin, Dinnel, Arndt, Berkner, and the following voted nay: none.

Resolution 04-110 passed this 20^th day of December 2004.

APPROVED:

____________________

David Dinnel

Mayor

ATTEST:

_____________________

Charleen K. Grossman

City Clerk-Administrator

11.b Upon the recommendation of the Utility Committee, Berkner moved and Arndt seconded that the following resolution be adopted:

RESOLUTION 04-111

RESOLUTION AUTHORIZING PURCHASE OF A 2005 FORD PICKUP

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville, Minnesota that the purchase of a 2005 Ford F250 4 X 4 Pickup from Rochester Ford in the amount of $21,262.18 plus tax, State Bid Pricing is hereby approved with funds to come from Water Fund – Capital Outlay – Vehicle and the balance from Light Fund – Capital Outlay – Vehicle.

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

Resolution 04-111 passed this 20^th day of December 2004.

APPROVED:

____________________

David Dinnel

Mayor

ATTEST:

_____________________

Charleen K. Grossman

City Clerk-Administrator

11.c Motion approving the Street Committee recommendations of $45 per hour including operation for the cement grinder.

11.d Motion approving the Street Committee recommendations of the following rental rates including the operator:

Motor Grader $ 90

Sander $ 60

Sweeper $ 60

Sewer Jetter $100

Skid Loader $ 65

Pay Loader $ 95

Pay Loader w/ Blower $ 95

Dump Truck $ 55

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

RESOLUTION 04-112

RESOLUTION DESIGNATING U.S. BANK AS PAYING AGENT

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 of Ortonville and U.S. Bank National Association to act as the paying agent, registrar and transfer agent for the bonds 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: Oakes, Sellin, Dinnel, Arndt, Berkner, and the following voted nay: none.

Resolution 04-112 passed this 20^th day of December 2004.

APPROVED:

____________________

David Dinnel

Mayor

ATTEST:

_____________________

Charleen K. Grossman

City Clerk-Administrator

13b: Berkner moved and Arndt seconded that the following resolution be adopted:

RESOLUTION 04-113

RESOLUTION APPROVING AIRPORT HANGER/TIE-DOWN LEASE AGREEMENT

BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Ortonville, Minnesota that the agreement between the City of Ortonville and Dallas I. Hanson be and is hereby approved to provide storing/parking of a aircraft for a one year period beginning

January 1, 2005 and that the Mayor and Clerk-Administrator are hereby authorized to sign such agreement.

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

Resolution 04-113 passed this 20^th day of December 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.

COUNCIL MINUTES:

A motion was made by Berkner and seconded by Arndt and passed unanimously to approve the amended December 6, 2004 City Council minutes.

RECOMMENDATIONS OF CITIZEN BOARDS, COMMITTEES AND COMMISSIONS:

The EDA Board has recommended the purchase of the property at the foot of the lake from Otter Tail. Council Member Dorry has been the contact with Otter Tail. No action was taken, will be included on the January 10^th agenda.

The Golf Board has contacted Vince and Marquerite Stegner regarding the potential sale of the donated lots. The Stegners have no objections to the sale. Discussion if the City should consider selling all the City lots adjacent to the Golf Course. Council Member Oakes will take information back to the golf board for recommendation.

A motion was made by Dinnel and seconded by Berkner and passed unanimously approving the

Golf Board recommendations for the 2005 golf fee schedule as proposed.

The Golf Board has recommended the appointment of golf board members. After discussion it

was determined that the Golf Board membership portion of the administrative code needs

clarification. Mayor Dinnel will prepare a revision for the next council meeting.

REPORTS FROM COUNCIL COMMITTEES:

Upon the recommendation of the Street Committee, Arndt moved and Sellin seconded that the following resolution be adopted:

RESOLUTION 04-114

RESOLUTION RETAINING LARSON-PETERSON/ULTEIG ENGINEERS

FOR RITA ROAD PROJECTS PLANS

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville, Minnesota that the engineering firm of Larson-Peterson/Ulteig is hereby approved to prepare plans, specification and bidding documents for the street and drainage improvements project on Rita Road and further that the Mayor and Clerk/Administrator are hereby authorized to execute the necessary documents.

Upon roll call vote the following voted aye: Oakes, Sellin, Dinnel, Arndt, and the following voted nay: Berkner.

Resolution 04-114 passed this 20^th day of December 2004.

APPROVED:

____________________

David Dinnel

Mayor

ATTEST:

_____________________

Charleen K. Grossman

City Clerk-Administrator

UNFINISHED BUSINESS:

A Charter Commission meeting will be scheduled between January 4-18.

Council Member Arndt presented a proposed plan for funding the tourism center project. After further discussion Oakes moved and Sellin seconded that the following resolution be adopted:

RESOLUTION 04-115

RESOLUTION FUNDING THE TOURISM CENTER PROJECT

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville, Minnesota that the City is committing $16,000 toward the Chamber Tourism Center Project payable to the Big Stone Area Chamber of Commerce in 2005. Funds will come from the Highway 7 Refund account and $2,000 will annually be refunded to the fund for the next eight years.

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

Resolution 04-115 passed this 20^th day of December 2004.

APPROVED:

____________________

David Dinnel

Mayor

ATTEST:

_____________________

Charleen K. Grossman

City Clerk-Administrator

NEW BUSINESS:

A Bill of Sale has been received from the Big Stone Health Care Foundation for the equipment purchased for the Kidney Dialysis Unit. Arndt moved and Berkner seconded that the following resolution be adopted:

RESOLUTION 04-116

RESOLUTION ACCEPTING THE BILL OF SALE FOR DIALYSIS UNIT EQUIPMENT

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville, Minnesota to accept the Bill of Sale from the Big Stone Health Care Foundation for the Kidney Dialysis equipment for consideration in the amount $1.00.

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

Resolution 04-116 passed this 20^th day of December 2004.

APPROVED:

____________________

David Dinnel

Mayor

ATTEST:

_____________________

Charleen K. Grossman

City Clerk-Administrator

The Highway 12 street lighting was discussed. Council Member Reinke has received information from the State of Minnesota, will be discussed at next meeting.

The possibility of holding a development meeting on January 18^thwas discussed. The purpose of the meeting is to bring together the City Council, EDA and Planning Commission, along with developers, realtors and a RDC representative to discuss commercial and residential development opportunities. Will be included on the January 10^th agenda.

Council Member Berkner handed out brochures regarding RSVP Volunteers received at a meeting on December 17^th that she and Council Member Reinke attended.

CLERK/ADMINISTRATOR REPORTS & RECOMMENDATIONS:

Two quotes have been received for an upgrade to the telephone system in the City Office. Berkner moved and Sellin seconded that the following resolution be adopted:

RESOLUTION 04-117

RESOLUTION AWARDING TELEPHONE SYSTEM QUOTE

WHEREAS, the City Office is in need of an upgraded telephone system, and

WHEREAS, quotes have been received from the following: Roberts County Telephone Cooperative Association - $3,526.72 and Milbank Communications - $3,958.00, and

WHEREAS, the quote of Roberts County Telephone Cooperative Association in the amount of $3,526.72 has been determined to be the lowest responsible quote, and

NOW THEREFORE BE IT RESOLVED by the Council that:

1. The quote of Roberts County Telephone Cooperative Association is hereby accepted.

2. Funds for the project will come from City Office Capital Improvements – Equipment Funds.

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

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

Resolution 04-117 passed this 20^th day of December 2004.

APPROVED:

____________________

David Dinnel

Mayor

ATTEST:

_____________________

Charleen K. Grossman

City Clerk-Administrator

ADJOURNMENT:

There being no further business to come before the Council, Berkner moved and Arndt seconded and the motion passed unanimously for the adjournment of the meeting and with no objections thereto, Dinnel adjourned the December 20, 2004 meeting of the Ortonville City Council at 9:05 P.M.

_________________________________

Charleen K. Grossman, City Clerk-Administrator