MINUTES OF THE REGULAR MEETING

OF THE ORTONVILLE CITY COUNCIL

COUNTY OF BIG STONE, STATE OF MINNESOTA

MONDAY, JUNE 6, 2005 7:00 P.M.

CITY OFFICE

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, Lisa Berkner, Mike Dorry, Lenore Sellin, Dan Oakes, Artie Arndt with the following absent: None. City Staff Present: Char Grossman, Tim Scherer, Travis Strasser, Roger Anderson, Jim Hasslen. Others present: Dave McLaughlin, Todd Verheul, Sara Verheul, Elsie Perrine, Joan Hasslen. Media present: Holly Hilbrands.

AGENDA AMENDMENTS:

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

Add:

New Business

13.e Eahtonka Complaint Letter

RECOGNITIONS/PRESENTATIONS/INTRODUCTIONS:

Roger Anderson explained the Federal Emergency Management Agency-Base Flood Elevation. The City will be required within 90 days after the last publication to make a decision to either accept or appeal the BFE. Roger and Roy Bailey will meet and come back to the council with a recommendation.

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

9.a Motion approving proposed regular council minutes of May 16, 2005.

9.b Motion approving proposed emergency council minutes of May 19, 2005.

9.c Motion approving proposed reconvened council minutes of May 23, 2005.

9.d Motion approving proposed reconvened council minutes of June 1, 2005.

13.a Motion approving Cornfest Parade request – August 21, 2005.

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

RESOLUTION 05-063

RESOLUTION HIRING SEASONAL POOL EMPLOYEES

BE IT AND IT IS HEREBY RESOLVED that the Council of the City of Ortonville, Minnesota, hereby hires the following seasonal employees for the swimming pool at the city’s summer recreation/pool pay scale: Laura Lantis, Sarah Karels, Samantha Torgerson, Amy Graham, Adam McMahon, Lacy Ronglien, Laura Brown, Jonathan Scholberg, Christina Scholberg, Shawna Sparby, Kelsey Watkins, Kristen Barr, Josh Anderson, Bryant Zahrbock, Matt Torgerson , Marcus Moberg, Paige Hanson, Brittney DeBoer, Danny Spors, Christine Taffe, Cati Barr, Jordan Zehringer, Aaron Zehringer, Samantha Meyer, Elisabeth Meyer, Kirby Athey.

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

Resolution 05-063 passed this 6^th day of June 2005.

APPROVED:

____________________

David Dinnel,

Mayor

ATTEST:

_____________________

Charleen K. Grossman

City Clerk/Administrator

13.c Motion approving Health Care Foundation Board raffle permit for Oak Tree Classic on September 10, 2005.

15. Motion approving payment of bills as presented.

With all members voting in favor, the motion carried.

RECOMMENDATIONS OF CITIZEN BOARDS, COMMITTEES AND COMMISSIONS:

Upon the recommendation of the Golf Board, Oakes moved and Sellin seconded that the following resolution be adopted:

RESOLUTION 05-064

RESOLUTION TO REFUND $50.00 SURCHARGE

WHEREAS, according to the 2005 Golf Fee Schedule a surcharge of $50.00 will be assessed on payments on cart house rent if paid after May 1, 2005, and

WHEREAS, since May 1^st was on a weekend, and

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville, Minnesota to refund the $50.00 surcharge that was charged to the cart house rent payment made on May 1, 2005. In future years the deadline for cart house payments will be extended to the next business day if May 1^st falls on a weekend or holiday.

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

Resolution 05-064 passed this 6^th day of June 2005.

APPROVED:

____________________

David Dinnel

Mayor

ATTEST:

_____________________

Charleen K. Grossman

City Clerk-Administrator

A motion was offered by Reinke and seconded by Oakes and did pass unanimously that in order to rent a golf cart house beginning in 2006 a golf membership must be purchased. A simple lease will be prepared by the City Attorney for signature by all golf cart house renters.

The ½ green fees on Wednesday were discussed. This matter was referred back to Golf Board for further consideration.

The Park Board is recommending the proposal of Art Vollmer to renovate the Lakeside Park Gazebo with materials purchases by the City. The labor for the project will be provided by volunteers.

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

RESOLUTION 05-065

RESOLUTION TO REPAIR GAZABO

WHEREAS, the Park Board is recommending the repair of the Lakeside Park Gazebo, and

WHEREAS, the cost of the materials for the repair will be approximately $8,000 and the labor for the project will be provided by volunteers, and

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville, Minnesota that the expenditure for the gazebo repair be approved with funds coming from the parks capital improvement budget-building improvements.

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

Resolution 05-065 passed this 6^th day of June 2005.

APPROVED:

____________________

David Dinnel

Mayor

ATTEST:

_____________________

Charleen K. Grossman

City Clerk-Administrator

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

RESOLUTION 05-066

RESOLUTION ESTABLISHING UMPIRE PAY

BE IT AND IT IS HEREBY RESOLVED that the Council of the City of Ortonville, Minnesota, upon the recommendation of the Park Board, hereby establishes a $15 per game fee to umpires for summer recreation games.

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

Resolution 05-066 passed this 6^th day of June 2005.

APPROVED:

_______________________

David Dinnel

Mayor

ATTEST:

_____________________

Charleen K. Grossman

City Clerk-Administrator

Upon the recommendation of the Airport Board, Berkner moved and Reinke seconded that the following resolution be adopted:

RESOLUTION 05-067

APPROVING CONSTRUCTION SERVICES AGREEMENT

BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Ortonville, Minnesota that the Contract Amendment substantially in the form presented to this meeting between the City and Short Elliott Hendrickson Inc. for the construction phase services for the 2005 Airport Lighting Improvement Project 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: Dorry, Oakes, Reinke, Dinnel, Berkner, Sellin, Arndt and the following voted nay: none.

Resolution 05-067 passed this 6^th day of June 2005.

APPROVED:

____________________

David Dinnel,

Mayor

ATTEST:

_____________________

Charleen K. Grossman,

City Clerk-Administrator

Dorry moved and Sellin seconded that the following resolution be adopted:

RESOLUTION 05-068

RESOLUTION TO INCREASE FUEL PRICE

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville, Minnesota that upon the recommendation of the Airport Board the price of aviation fuel be increased by $.20 per gallon of which Todd Verheul will receive a $.10 per gallon increase.

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

Resolution 05-068 passed this 6^th day of June 2005.

APPROVED:

____________________

David Dinnel

Mayor

ATTEST:

_____________________

Charleen K. Grossman

City Clerk-Administrator

Jim Hasslen updated the City Council on the National Incident Management System 2005 compliance. In order to be eligible for Federal preparedness assistance the City will be required to complete a number of obligations before September 30, 2005. The City Clerk and Jim will compile the information necessary for review by the City Council.

UNFINISHED BUSINESS:

After review by the City Attorney, Oakes moved and Dorry seconded that the following resolution be adopted:

RESOLUTION 05-069

CITY OF ORTONVILLE

RESOLUTION TO ADOPT THE COUNTY ALL-HAZARD MITIGATION PLAN

WHEREAS, the County of Big Stone participated in a hazard mitigation planning process as established under the Hazard Mitigation Act of 2000; and

WHEREAS, the Act established a framework for the development of a county hazard mitigation plan; and

WHEREAS, the Act as part of the planning process required public involvement and local coordination among neighboring local units of government and business; and

WHEREAS, the county planning process invited and included public involvement and local coordination among neighboring local units of government and businesses; and

WHEREAS, the county plan includes a risk assessment including past hazards, hazards that threaten the county, maps of hazards, an estimate of structures at risk, estimate of potential dollar losses for each hazard, a general description of land uses and development trends; and

WHEREAS, the county plan includes a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and

WHEREAS, the county plan must include a maintenance or implementation process including plan updates, integration of plan into other planning documents and how the county will maintain public participation and coordination; and

WHEREAS, the draft plan will be shared with Minnesota Department of Public Safety Homeland Security and Emergency Management and the Federal Emergency Management Agency (FEMA) for review and comment; and

WHEREAS, FEMA has approved the draft plan pending final adoption by the county; and

WHEREAS, county adoption of the all-hazard mitigation plan will make the county eligible to receive Hazard Mitigation Grant Program (HMGP) project grants; and

WHEREAS, this is a multi-jurisdictional plan and cities and townships that participated in the planning process may choose to also adopt the county plan.

NOW THEREFORE BE IT RESOLVED, that the City of Ortonville adopts the Big Stone County All-Hazard Mitigation Plan as adopted by the Board of Commissioners.

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

Resolution 05-069 passed this 6^th day of June 2005.

APPROVED:

____________________

David Dinnel

Mayor

ATTEST:

_____________________

Charleen K. Grossman

City Clerk-Administrator

The City Attorney updated the Council on the conversation with John Loyear regarding the liquidated damages. A motion was offered by Reinke and seconded by Sellin and did pass unanimously that liquidated damages be set at $500 per day for the reconstruction of the Old Clinic Building.

Meeting recessed at 7:55 P.M. for conference between City Attorney, Mayor and John Loyear.

Meeting reconvened at 8:04 P.M.

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

RESOLUTION 05-070

APPROVING LOYEAR AGREEMENT

BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Ortonville, Minnesota that the Agreement as prepared by the City Attorney between the City and Loyear Construction to reconstruct the Old Clinic Building 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: Dorry, Oakes, Reinke, Dinnel, Berkner, Sellin, Arndt and the following voted nay: none.

Resolution 05-070 passed this 6^th day of June 2005.

APPROVED:

____________________

David Dinnel,

Mayor

ATTEST:

_____________________

Charleen K. Grossman,

City Clerk-Administrator

NEW BUSINESS:

Mayor Dinnel has brought up the issue can we rely on the Code of Ordinances. Changes need to be made in certain areas. The City Clerk and Departments heads will review the Ordinances and make recommendations.

A complaint has been received regarding the condition of the Otter Tail property where the Eahtonka is located. No action was taken.

CLERK/ADMINISTRATOR REPORTS & RECOMMENDATIONS:

The Help Americans Vote Act was explained to the City Council. Beginning in 2006 all precincts will have a voting machine for the disabled. Big Stone County will be purchasing the machines but the City will be required to provide the continuing training and maintenance. Since the City of Ortonville has two precincts, maybe we would be able to find one location to hold elections to save a substantial amount of money.

Charter Commission meeting will be held on June 7^th.

The Rita Road bid opening will be on July 18^th.

EXECUTIVE SESSION:

At 8:29 P.M. Mayor Dinnel 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 8:46 P.M. with no action taken.

ADJOURNMENT:

There being no further business to come before the Council, Berkner moved and Sellin seconded and the motion passed unanimously for the adjournment of the meeting and with no objections thereto, Dinnel adjourned the June 6, 2005 meeting of the Ortonville City Council at 8:47 P.M.

_________________________________

Charleen K. Grossman, City Clerk-Administrator