MINUTES OF THE REGULAR MEETING

OF THE ORTONVILLE CITY COUNCIL

COUNTY OF BIG STONE, STATE OF MINNESOTA

MONDAY, APRIL 18, 2005 7:00 P.M.

DIALYSIS 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, Mel Reinke, Lisa Berkner, Mike Dorry with the following absent: Dan Oakes, Lenore Sellin. City Staff Present: Char Grossman, Tim Scherer, Curt Hormann. Others present: Delford VonEschen, Virgil Gerber, LeVon Gerber, Jennifer Thymian, Jim Sherod, Norm Haukos, Ken Archer, Jim Foster . Media present: Holly Hilbrands, Ryan Stattelman.

AGENDA AMENDMENTS:

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

Add:

Recognitions/Presentations/Introductions

6.b Norm Haukos

New Business

13.d Local Purchases

BIDS:

Bids for the 2005 Seal Coat project were opened and one bid was received in the amount of $24,000.00 from Bituminous Paving, Inc. Dorry moved and Reinke seconded that the following resolution be adopted:

RESOLUTION 05-043

RESOLUTION ACCEPTING BITUMINOUS PAVING, INC.

BID FOR 2005 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 2005 (“Project”), and

WHEREAS, Project bids were received as follows: Bituminous Paving Inc. $24,000.00, 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 $24,000.00 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.

1. 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, Berkner, Reinke, Dorry and the following voted nay: none.

Resolution 05-043 passed this 18^th day of April 2005.

APPROVED:

_____________________

David Dinnel

Mayor

ATTEST:

_____________________

Charleen K. Grossman

City Clerk/Administrator

Bids for the 2005 Street Rehabilitation Project were opened and one bid was received in the amount of $3,900.00 from Highway Improvement, Inc. Arndt moved and Dorry seconded that the following resolution be adopted:

RESOLUTION 05-044

RESOLUTION ACCEPTING THE BID FROM HIGHWAY IMPROVEMENT, INC. FOR 2005 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 2005 (“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, $3,900.00, and

WHEREAS, the bid of Highway Improvement, Inc., Sioux Falls, South Dakota (“Highway Improvement”) in the amount of $3,900.00 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, Dorry, Berkner, Reinke, Dinnel and the following voted nay: none.

Resolution 05-044 passed this 18^th day of April 2005.

APPROVED:

____________________

David Dinnel

Mayor

ATTEST:

_____________________

Charleen K. Grossman

City Clerk-Administrator

RECOGNITIONS/PRESENTATIONS/INTRODUCTIONS:

Norm Haukos reported that the construction of the walleye raceway will be beginning within the next two weeks. The quit claim deed for the property needs to be signed before the project begins. Dorry moved and Berkner seconded that the following resolution be adopted:

RESOLUTION 05-045

RESOLUTION EXECUTING QUIT CLAIM DEEDS

BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Ortonville, Minnesota that the quit claim deeds between the State of Minnesota and the City of Ortonville to clarify a boundary line issue and to convey a strip of land 200 feet in width lying in Government Lots 1 and 2, Section 16, Township 121 North, Range 46 West, Big Stone County, Minnesota be executed and that the Mayor and Clerk-Administrator are hereby authorized to sign such agreement.

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

Resolution 05-045 passed this 18^th day of April 2005.

APPROVED:

_______________________

David Dinnel

Mayor

ATTEST:

______________________________

Charleen K. Grossman

City Clerk/Administrator

Jim Foster and Ken Archer presented the 2004 audit report and explained the financial condition of the facility to the Council. Due to years of planning and the positive effect that the new outreach facility has created, OAHS has a positive operating margin.

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 Dorry, to approve the Consent Agenda which included the following items:

9.a Motion approving proposed council minutes of April 4, 2005.

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

RESOLUTION 05-046

RESOLUTION AWARDING BID FOR COOLING COMPRESSOR

WHEREAS, the Health Care Board of the City of Ortonville had previously requested for bids to be received for a cooling compressor for the Ortonville Area Health Services, and

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

WHEREAS, quotes were received for the project as follows:

Larry’s Refrigeration $7,360

Nelson Electric $8,345

Ortonville Plumbing & Heating $8,509

WHEREAS, upon the recommendation of the Health Care Board the bid of Larry’s Refrigeration, in the amount of $7,360 has been determined by the Council to be the bid that meets the specifications as requested.

NOW THEREFORE BE IT RESOLVED by the Council that:

1. The bid of Larry’s Refrigeration 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: Berkner, Reinke, Dinnel, Arndt, Dorry and the following voted nay: none.

Resolution 05-046 passed this 18^th day of April 2005.

APPROVED:

_______________________

David Dinnel

Mayor

ATTEST:

______________________________

Charleen K. Grossman

City Clerk/Administrator

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

RESOLUTION 05-047

RESOLUTION AWARDING BID FOR FIVE ENERGY ECONOMIZERS FOR AIR CONDITIONING AT NORTHRIDGE

WHEREAS, the Health Care Board of the City of Ortonville had previously requested for bids to be received for five energy economizers for air conditioning at Northridge, and

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

WHEREAS, quotes were received for the project as follows:

Ortonville Plumbing & Heating $ 7,875

Berkner Plumbing & Heating $10,100

WHEREAS, upon the recommendation of the Health Care Board the bid of Ortonville Plumbing & Heating, in the amount of $7,875 has been determined by the Council to be the bid that meets the specifications as requested.

NOW THEREFORE BE IT RESOLVED by the Council that:

1. The bid of Ortonville Plumbing & Heating 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: Berkner, Reinke, Dinnel, Arndt, Dorry and the following voted nay: none.

Resolution 05-047 passed this 18^th day of April 2005.

APPROVED:

_______________________

David Dinnel

Mayor

ATTEST:

______________________________

Charleen K. Grossman

City Clerk/Administrator

13.a Motion approving the permit to possess and buy fireworks – Big Stone Lake Area Chamber of Commerce.

13.b Berkner moved and Dorry seconded and the following resolution be adopted:

RESOLUTION 05-048

RESOLUTION ACCEPTING THE BID FOR A VFI SWITCH

WHEREAS, bids have previously been requested for a VFI switch, and

WHEREAS, bids have now been received and reviewed as follows: RESCO - $19,500.00 and Border States Agency - $22,029, and

WHEREAS, the bid of RESCO in the amount of $19,500 has been determined by the Council to be a responsible bid, and

BE IT AND IT IS HEREBY RESOLVED that the Council of the City of Ortonville, Minnesota, approves the bid of RESCO for a VFI switch in the amount of $19,500 from the light fund system upgrade funds.

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

Resolution 05-048 passed this 18^th day of April 2005.

APPROVED:

_______________________

David Dinnel

Mayor

ATTEST:

______________________________

Charleen K. Grossman

City Clerk/Administrator

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

RESOLUTION 05-049

RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY

BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Ortonville, Minnesota that the joint powers agreement between the City of Ortonville and the Minnesota Department of Public Safety be and is hereby approved to utilize available Criminal Justice Data Communication Network and that the Mayor and Clerk-Administrator are hereby authorized to sign such agreement.

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

Resolution 05-049 passed this 18^th day of April 2005.

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.

UNFINISHED BUSINESS:

Further discussion concerning the assessment of the Hilltop Sewer Project was held. Arndt moved and Dorry seconded that the following resolution be adopted:

RESOLUTION 05-050

RESOLUTION ADOPTING HILLTOP SEWER ASSESSMENTS

WHEREAS, pursuant to notice duly given as required by law, the City Council has met, heard and passed upon all objections to the proposed Hilltop Sewer assessment for City of Ortonville, and has amended such proposed assessment as it deems just;

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

1. Such proposed assessment, a copy of which is attached hereto and made a part hereof is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein is hereby found to be benefitted by the proposed improvement.

2. Such assessments shall be as follows: The assessments and interest shall be deferred until property is developed and services are connected at which time the interest rate will be set and payment schedules will be prepared.

3. The City Clerk-Administrator shall forthwith transmit a certified duplicate copy of this assessment to the County Auditor to be extended on the tax list of the County.

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

Resolution 05-050 passed this 18^th day of April 2005.

APPROVED:

____________________

David Dinnel

Mayor

ATTEST:

_____________________

Charleen K. Grossman

City Clerk-Administrator

Rita Road construction was discussed, Dorry moved and Arndt seconded that the following resolution be adopted:

RESOLUTION 05-051

APPROVING STREET IMPROVEMENTS ON RITA ROAD

BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Ortonville, Minnesota to commence with the proposed improvement on Rita Road according to the engineer’s preliminary plans and specification to construct a 24’ road with curb and gutter only in the cul-de-sac. Assessment of the improvement will be based on 30% payment by the property owner and 70% by the City.

Upon roll call vote the following voted aye: Dinnel, Arndt, Dorry and the following voted nay: Berkner, Reinke

Resolution 05-051 passed this18^th day of April 2005.

APPROVED:

_______________________

David Dinnel

Mayor

ATTEST:

______________________________

Charleen K. Grossman

City Clerk/Administrator

Dave McLaughlin arrived at 8:19.

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

RESOLUTION 05-052

RESOLUTION APPROVING PREPARATION OF PLANS AND SPECIFICATIONS AND ADVERTISE TO RECEIVE BIDS

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville that the engineering firm of Larson-Peterson-Ulteig Engineers, Inc. be and is hereby secured to prepare the final plans & specifications for the construction of Alternative No. 2 – Rita Road Project and advertise to obtain bids.

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

Resolution 05-052 passed this18^th day of April 2005.

APPROVED:

____________________

David Dinnel,

Mayor

ATTEST:

_____________________

Charleen K. Grossman,

City Clerk-Administrator

NEW BUSINESS:

Mayor Dinnel requested that the department heads purchase from local businesses when possible.

CLERK/ADMINISTRATOR REPORTS & RECOMMENDATIONS:

A motion was offered by Dinnel and seconded by Reinke and did pass unanimously to approve the reestablishing of a water and light inventory in 2005 at the request of the auditors. The monetary amount of items over $25.00 will be used in establishing the inventories.

The engineers from Larson-Peterson/Ulteig have suggested that for the Hilltop Addition Sanitary Sewer Rehabilitation Project and the Lakeshore Sanitary Sewer Rehabilitation Project the City completes an application for a low interest loan. A motion was offered by Berkner and seconded by Reinke and did pass unanimously to authorize the signature of letters to complete a Water Pollution Control Revolving Fund Project Priority List Data Sheet application.

At 8:35 P.M. City Attorney closed the public meeting and entered into executive session according to Minnesota Stature 13D.01 for the purpose of consideration of a personnel issue.

The executive session was closed at 8:43 P.M. with no action taken.

ADJOURNMENT:

There being no further business to come before the Council, Dorry moved and Berkner seconded and the motion passed unanimously for the adjournment of the meeting and with no objections thereto, Dinnel adjourned the April 18, 2005 meeting of the Ortonville City Council at 8:44 P.M.

_________________________________

Charleen K. Grossman, City Clerk-Administrator