MINUTES OF THE REGULAR MEETING

OF THE ORTONVILLE CITY COUNCIL

COUNTY OF BIG STONE, STATE OF MINNESOTA

MONDAY, SEPTEMBER 19, 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, Artie Arndt, Dan Oakes with the following absent: None. City Staff Present: Char Grossman, Tim Scherer, Curt Hormann. Others present: Dave McLaughlin, Bob Meyer, David Meyer, Doug Kluver, Donald Wellendorf. Media present: Holly Hilbrands, Ryan Stattelman.

AGENDA AMENDMENTS:

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

Unfinished Business:

12.b Big Stone II Local Review Meeting

12.c Otter Tail Property

12.d Haunted Park

CITIZENS TO BE HEARD:

Don Wellendorf was present requesting information regarding the snowmobile routes out of Ortonville. Will contact the president of the snowmobile club to attend the next council meeting.

Wellendorf has concerns if businesses can display sale items on sidewalks in front of the downtown businesses. Will check into regulations regarding this matter.

CONSENT AGENDA:

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

9.a Motion approving proposed regular council minutes of September 6, 2005.

10.a Motion approving the Health Care Board recommendation to increase the

Emergency Room fees at the OAHS by 3%.

10.b Motion approving the parks board recommendation to authorize the

posting internally of the Parks Attendant position according to the City of Ortonville’s Personnel Policy.

10.c Motion approving the parks board recommendation to prepare a thank you to the summer recreation and gazebo volunteers.

10.d Motion approving the Street Committee recommendation of a $50.00 per hour shop rate.

13.a Motion approving Homecoming parade request.

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

RESOLUTION 05-104

RESOLUTION ACCEPTING THE AMENDMENT TO SERVICES AGREEMENT WITH MMUA FOR THE SAFETY COMPLIANCE GROUP

WHEREAS, the Service Agreement entered into between Minnesota Municipal Utilities Association and the City of Ortonville, dated August 31, 2005, contract number 59-2006 or the safety compliance group is amended as follows:

Duration from October 1, 2005 until September 30, 2006

Compensation $6,106.01

NOW THEREFORE BE IT RESOLVED by the Council that:

1. The Agreement is hereby approved as amended as of September 19, 2005.

2. That the Mayor and Clerk-Administrator be and are hereby authorized to execute amended Agreement.

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

Resolution 05-104 passed this 19^th day of September 2005.

APPROVED:

____________________

David Dinnel,

Mayor

ATTEST:

_____________________

Charleen K. Grossman,

City Clerk-Administrator

13.c Reinke moved and Sellin seconded that the following resolution be adopted:

RESOLUTION 05-105

RESOLUTION APPROVING 2005 AIRPORT PROJECT PAY REQUEST #3

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville, Minnesota that the 2005 Airport Lighting project pay request #3 in the amount of $51,751.17 is hereby approved with the city share of the funding coming from airport capital reserves.

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

Resolution 05-105 passed this 19^th day of September 2005.

APPROVED:

_______________________

David Dinnel

Mayor

ATTEST:

Charleen K. Grossman

City Clerk/Administrator

13.d Reinke moved and Sellin seconded that the following resolution be

adopted:

RESOLUTION 05-106

RESOLUTION RETAINING LARSON ALLEN WEISHAIR & CO. LLP

FOR 2005 CITY FINANCIAL AUDIT

BE IT AND IT IS HEREBY RESOLVED by the council of the City of Ortonville that the accounting firm of Larson Allen Weishair & Co. LLP is retained to perform the 2005 financial audit for the City of Ortonville in accordance with its engagement letter and that Mayor and 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: Dorry, Oakes, Sellin, Dinnel, Arndt, Berkner, Reinke, and the following voted nay: none.

Resolution 05-106 passed this 19^th day of September 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.

RECOMMENDATIONS OF CITIZEN BOARDS, COMMITTEES AND COMMISSIONS:

Upon recommendation of the Park Board, Oakes moved and Sellin seconded and the motion passed unanimously to lock the Lakeside Park bathrooms at 9:00 P.M. by the police department and to open the bathrooms in the morning by the park/street department.

The Park Board is recommending the pool maintenance be done this fall. According to Tim Scherer, there would a saving of approximately $2,000 if the project would be delayed until the spring. Will obtain quotes for the project.

Upon the recommendations of the Budget Committee and the EDA Board, a motion was made by Reinke and seconded by Dorry and passed unanimously to split the summer recreation director/swimming pool director into two positions with the recreation director position be included with the EDA secretary duties.

The EDA Board is recommending that the City Council create a condemnation policy. Outside funds available for dilapidated buildings were discussed, a motion was made by Arndt and seconded by Sellin and did pass unanimously to refer the project of finding funding for the demolition of property to the EDA secretary.

UNFINISHED BUSINESS:

David Meyer requested a closed session to elaborate on the situations at OAHS. The closed session was delayed to later in the meeting.

Mayor Dinnel reported that he had attended a Big Stone II local review meeting on September 13^th. More meetings will follow.

The status of the Otter Tail property at the foot of the lake was discussed. The City is waiting to hear from the Otter Tail attorney.

A motion was made by Sellin and seconded by Oakes and did pass unanimously to allowing the Jaycees to use the parking lot of the golf cart sheds during the Haunted Park.

NEW BUSINESS:

Mayor Dinnel commended the Charter Commission on an excellent job on the preparation of the proposed Charter. After Council review, a motion was made by Oakes and seconded by Reinke and did pass unanimously to accept the proposed Charter as presented by the Charter Commission.

A motion was made by Reinke and seconded by Dorry and did pass unanimously to set the

election date of November 8, 2005 for the proposed City Charter adoption.

CLERK/ADMINISTRATOR REPORTS & RECOMMENDATIONS:

The archery range lighting project has been completed. Still in the process of obtaining the credit card information for the Airport gas sales.

UNFINISHED BUSINESS:

David Meyer and Doug Kluver requested why the City Attorney, Mayor and Clerk/Administrator

have been withholding information from the City Council regarding the veteran’s preference

hearing. Responses were provided by the City Attorney, Mayor and Clerk/Administrator.

At 8:20 P.M. Mayor Dinnel closed the public meeting and entered into executive session according to Minnesota Stature 13D.05 Subdivision 2b for preliminary consideration of allegations or charges against an individual or individuals subject to our authority.

The executive session was closed at 8:50

David Meyer and Doug Kluver left the meeting.

At 8:51 Mayor Dinnel closed the public meeting and entered into executive session to discuss threatened litigation.

The executive session was closed at 9:40. Mayor Dinnel announced that having received information concerning allegations of employee misconduct we need to determine if we want to conduct an investigation into the matter.

A motion was made by Sellin and seconded by Reinke and did pass unanimously to conduct an

investigation into the matter.

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

RESOLUTION 05-107

A RESOLUTION APPROVING APPOINTMENT OF INVESTIGATOR

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville that Bob

Pflueger be retained to perform the investigation into the allegations by City employees, and if

Bob is unable to do the investigation then Harry Homan will be contacted.

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

Resolution 05-107 passed this 19^th day of September 2005.

APPROVED:

_______________________

David Dinnel

Mayor

ATTEST:

______________________________

Charleen K. Grossman

City Clerk/Administrator

ADJOURNMENT:

There being no further business to come before the Council, Reinke moved and Dorry seconded and the motion passed unanimously for the adjournment of the meeting and with no objections thereto, Dinnel adjourned the September 19, 2005 meeting of the Ortonville City Council at 9:43 P.M.

_________________________________

Charleen K. Grossman, City Clerk-Administrator