MINUTES OF THE REGULAR MEETING

OF THE ORTONVILLE CITY COUNCIL

COUNTY OF BIG STONE, STATE OF MINNESOTA

MONDAY, MARCH 5, 2007 7:00 P.M.

DIALYSIS BUILDING

CALL TO ORDER AND ROLL CALL:

Mayor Johnson 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: Mike Dorry, John Cunningham, Bob Meyer, Nick Anderson, Dan Oakes, Artie Arndt with the following absent: None. City Staff Present: Char Grossman, Tim Scherer. Others present: Patrick Reisnour, Mel Ehlert, Elsie Perrine. Media present: Julie Gruber.

AGENDA AMENDMENTS:

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

Add:

New Business

13.d Fire Protection

13.e City Administrator

13.f Otter Tail Property Easement

CITIZENS TO BE HEARD:

Mel Ehlert presented a plan for the construction of a ramp at the Senior Citizen Center. He had quotes for the construction of a concrete ramp and a wood ramp. More information needs to be obtained. The request was referred to the Senior Citizen Board and Street Committee/Tim Scherer for deliberation and recommendation.

CONSENT AGENDA:

Johnson asked if there were any additions, corrections, or deletions to be made to the Consent

Agenda. Motion was made by Dorry seconded by Oakes to approve the Consent Agenda (with the exception of 11.a Street Committee Recommendation - Increase GMC ¾ ton 4X4 pickup price and 11.c Utility Committee Recommendation – Purchase pickup from Nelson Dodge for Water Department - $19,788.33) to approve the Consent Agenda which included the following items:

9.a Motion approving proposed regular council minutes of February 5, 2007.

11.b Motion approving advertising for bids for seal coating.

Motion approving advertising for bids for crack filling.

11.d Upon the recommendation of the Utility Committee, Dorry moved and Oakes seconded that the following resolution be adopted:

RESOLUTION 07-017

RESOLUTION AUTHORIZING REPAIR OF PUMP

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville, Minnesota that the repair of the waste treatment plant main pump is hereby approved with funds to come from the Sanitary System 2007 budget.

Upon roll call vote the following voted aye: Cunningham, Dorry, Johnson, Anderson, Arndt, Meyer, Oakes and the following voted nay: none.

Resolution 07-017 passed this 5^th day of March 2007.

APPROVED:

____________________

Blair Johnson

Mayor

ATTEST:

_____________________

Charleen K. Grossman

Clerk-Administrator

11.e Motion approving the Utility Committee recommendations of the hourly labor rate of $25.00 during work hours and $50.00 for after hour and weekend calls.

11.f Motion approving Utility Committee recommendation to cancel the penalty of $781.12 on the utility bill at 217 McCloud Street owned by Jim Larson.

11.g Upon the recommendation of the Utility Committee, Dorry moved and Oakes seconded that the following resolution be adopted:

RESOLUTION 07-018

RESOLUTION AUTHORIZING PAYMENT OF ELECTRICAL REPAIR BILL

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville, Minnesota that the repair of the electrical service by Nelson Electric for the Dan Peterson residence in the amount of $271.80 be split between the City of Ortonville and Big Stone County due to the road project.

Upon roll call vote the following voted aye: Cunningham, Dorry, Johnson, Anderson, Arndt, Meyer, Oakes and the following voted nay: none.

Resolution 07-018 passed this 5^th day of March 2007.

APPROVED:

____________________

Blair Johnson

Mayor

ATTEST:

_____________________

Charleen K. Grossman

Clerk-Administrator

11.h Motion approving Utility Committee recommendation not to waive the City of Ortonville’s bill to Commerford Gravel in the amount of $5,116.80 for the repair of the street lights on Rita Road.

15. Motion approving payment of bills as presented.

With all members voting in favor, the motion carried.

REPORTS FROM COUNCIL COMMITTEES:

Arndt questioned the reasons for the increase price of the 2007 GMC street pickup. He was wondering why a state bid price would change within the year. Upon the recommendation of the Street Committee, Johnson moved and Anderson seconded that the following resolution be:

RESOLUTION 07-019

RESOLUTION AUTHORIZING PURCHASE OF A 2007 GMC STREET DEPARTMENT PICKUP

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville, Minnesota that the purchase price of the 2007 GMC ¾ ton 4 x 4 be increased to $23,143.00 as long as this is the state bid price.

Upon roll call vote the following voted aye: Cunningham, Dorry, Johnson, Anderson, Meyer, Oakes and the following voted nay: Arndt.

Resolution 07-019 passed this 5^th day of March 2007.

APPROVED:

____________________

Blair Johnson

Mayor

ATTEST:

_____________________

Charleen K. Grossman

Clerk-Administrator

Upon the recommendation of the Utility Committee, Oakes moved and Cunningham seconded that the following resolution be adopted:

RESOLUTION 07-020

RESOLUTION AUTHORIZING PURCHASE OF A 2007 GMC WATER DEPARTMENT PICKUP

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville, Minnesota that the purchase of a 2007 GMC pickup in an amount up to $19,788.33 state bid pricing from Nelson Dodge is hereby approved with funds to come from Water Capital Outlay Funds in 2007.

Upon roll call vote the following voted aye: Cunningham, Dorry, Johnson, Anderson, Arndt, Meyer, Oakes and the following voted nay: none.

Resolution 07-020 passed this 5^th day of March 2007.

APPROVED:

____________________

Blair Johnson

Mayor

ATTEST:

_____________________

Charleen K. Grossman

Clerk-Administrator

The recommendation of the Street Committee for the assessment of the Spark Street project was discussed. Mayor Johnson had requested that the Street Committee complete the City of Ortonville’s assessment policy. The committee reported that each project would be assessed on a case-by-case basis. No action was taken.

NEW BUSINESS:

Cunningham moved and Anderson seconded that the following resolution be adopted:

RESOLUTION 07-021

RESOLUTION APPROVING 2007 STREET & UTILITY IMPROVEMENTS – CARTWRIGHT ADDITION

CHANGE ORDER #1

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville that the 2007 Street & Utility Improvements – Cartwright Addition Change Order #1 in the amount of $18,534.25 be and is hereby approved.

Upon roll call vote the following voted aye: Cunningham, Anderson, Johnson and the following voted nay: Oakes, Dorry, Meyer, Arndt.

Resolution 07-021 failed this 5^th day of March 2007.

Pat Reisnour will notify Ronglien Excavating, Inc. that Change Order #1 was not approved ending the Spark Street Project. Reisnour questioned if the drainage tile project would be continued in the spring. Mayor Johnson stated that the project has been approved and will be completed.

Cunningham moved and Oakes seconded that the following resolution be adopted:

RESOLUTION 07-022

AUTHORIZING TRANSFER OF JOBZ SUB-ZONE ACRES

WHEREAS, the Job Opportunity Building Zone (JOBZ) program, created in Minnesota Session Laws 2003, 1st Special Session, Chapter 21, Article 1, allows for the formation of tax free zones; and,

WHEREAS, a tax free zone designation and certain JOBZ sub-zone acres in the City of Ortonville have been approved by the Minnesota Department of Employment & Economic Development; and,

WHEREAS, a business development project is proposed to utilize the former school building in the City of Beardsley, which has created a pressing need for additional economic development incentives in that community; and,

WHEREAS, the City of Beardsley was not included in the regional JOBZ application at the time of its submission; and,

WHEREAS, the City of Beardsley has recently approved a Sub-Zone Resolution of Approval to Authorize Tax Exemptions in their community; and,

WHEREAS, the City of Ortonville wishes to support the City of Beardsley in economic development activities; and,

WHEREAS, this transfer of acres proposed below will not result in a net loss or a net gain of JOBZ sub-zone acres in Big Stone County,

THEREFORE BE IT RESOLVED, that the City of Ortonville agrees to the transfer to the City of Beardsley up to One and one-half (1.5) acres from the City of Ortonville’s Sub-Zone Area #1 which is described as follows:

This area is approximately 38.68 acres legally described as: The Southeast Quarter of the Northeast Quarter (SE ¼ NE ¼) EXCEPTING THEREFROM the South Thirty-Three (33) feet of the East Five Hundred Forty Nine (549) feet thereof, Section Nine (9), Township One Hundred Twenty-One (121) North, Range Forty-Six (46) West of the 5^th P.M. SUBJECT to Highway right-of-way.

Upon roll call vote the following voted aye: Cunningham, Arndt, Anderson, Johnson, Oakes, Dorry, Meyer and the following voted nay: none.

Resolution 07-022 passed this 5^th day of March 2007.

APPROVED:

_______________________

Blair Johnson

Mayor

ATTEST:

_____________________

Charleen K. Grossman

Clerk/Administrator

Anderson moved and Cunningham seconded that the following resolution be adopted:

RESOLUTION 07-023

A RESOLUTION REQUESTING

COMPREHENSIVE ROAD AND TRANSIT FUNDING IN 2007

WHEREAS, all Minnesota communities benefit from a sound, efficient and adequately funded transportation system that offers diverse modes of travel; and

WHEREAS, due to budget constraints, cities are increasingly deferring maintenance on the over 39,000 lane miles under municipal jurisdiction of the 277,607 total lane miles in Minnesota; and

WHEREAS, local cost participation requirements for trunk highway and county projects are onerous and are contributing to strains on city budgets; and

WHEREAS, existing local funding mechanisms, such as Municipal State Aid (MSA), property taxes, special assessments and bonding, have limited applications, leaving cities unable to adequately address growing transportation needs; and

WHEREAS, the recently approved constitutional amendment that phases in dedication of 100 percent of the motor vehicle sales tax (MVST) for transportation purposes will address only a fraction of the transportation funding needs in Minnesota, and total MVST revenues are not meeting projections; and

WHEREAS, transportation analysts in consultation with the Minnesota Department of Transportation (MnDOT) estimate Minnesota will have to invest an additional $1.5 billion per year in transportation infrastructure for the next ten years in order to meet identified needs; and

WHEREAS, transportation infrastructure maintenance and improvement costs significantly contribute to rising property taxes; and

WHEREAS, lack of state funding has delayed regionally significant road construction and reconstruction projects across Minnesota; and

WHEREAS, Minnesota’s transportation system is failing to meet the capacity needs necessary to sustain population growth and promote economic development; and

WHEREAS, congestion, inefficient transportation systems and lack of transportation choices lead to greater dependence on foreign oil, increased environmental degradation, and economic disadvantages for Minnesota’s businesses and residents; and

WHEREAS, many rural roads are not built to modern safety standards and are not meeting the needs of industries that depend on the ability to transport heavy loads; and

WHEREAS, current funding for roads and transit systems across all government levels in Minnesota is inadequate, and this under-investment hinders Minnesota’s progress as a national business, economic and civic leader.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ORTONVILLE that this Council requests that in 2007 the Minnesota Legislature pass a comprehensive transportation funding package that permanently increases dedicated funding for transportation; and

BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF ORTONVILLE that this Council requests that in 2007 Governor Tim Pawlenty allow a comprehensive transportation funding package that permanently increases dedicated funding for transportation that is passed by the Legislature to become law; and

BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF ORTONVILLE that this Council supports funding options including, but not limited to, the following:

· An increase in the gas tax;

· Indexing of the gas tax, provided there is a limit on how much the tax can be increased for inflation in a given amount of time;

· Increases in vehicle registration taxes (a.k.a. license tab fees);

· Trunk highway bonding, provided the Legislature implements reasonable restrictions on the amount of debt service the state will incur and provided the Legislature appropriates funding to assist with local costs related to projects funded with trunk highway bonds;

· General obligation bonding for local roads and bridges, particularly for roads of regional significance and to assist with local cost participation requirements pertaining to trunk highway projects;

· Sales tax exemptions for state and local transportation construction projects; and

· New local funding tools, such as local option sales tax authority, expanded wheelage tax authority and/or street utility authority; and

BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF ORTONVILLE that this Council defines a comprehensive transportation funding package as an initiative that permanently increases dedicated funding for state and local road and transit systems in Greater Minnesota and the Metropolitan Area.

Upon roll call vote the following voted aye: Cunningham, Arndt, Anderson, Johnson, Oakes, Dorry, Meyer and the following voted nay: none.

Resolution 07-023 passed this 5^th day of March 2007.

APPROVED:

_______________________

Blair Johnson

Mayor

ATTEST:

_____________________

Charleen K. Grossman

Clerk/Administrator

Changes in the fire protection agreements were discussed. A motion was offered by Arndt and seconded by Cunningham and the motion passed unanimously to approve the recommendation of the Fire Chief and Clerk/Administrator to assess $80.00 per section for township fire protection effective April 1, 2007.

A motion was offered by Johnson and seconded by Cunningham and the motion passed accepting the resignation of Charleen Grossman for 35 years of service to the City of Ortonville

effective March 31, 2007. Motion passed 5-2 – Dorry, Meyer voted no.

Anderson moved and Johnson seconded that the following resolution be:

RESOLUTION 07-024

RESOLUTION FOR BIG STONE COUNTY TO OBTAIN PROPERTY FOR BICYCLE TRAIL

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville, Minnesota that Big Stone County obtain a 40’strip included in Outlot 116 between Madison Avenue and Jackson Avenue from Otter Tail Power Company for a bicycle trail.

Upon roll call vote the following voted aye: Cunningham, Arndt, Anderson, Johnson, Oakes, Dorry, Meyer and the following voted nay: none.

Resolution 07-024 passed this 5^th day of March 2007.

APPROVED:

____________________

Blair Johnson

Mayor

ATTEST:

_____________________

Charleen K. Grossman

Clerk-Administrator

Recessed meeting at 8:20

Reconvened meeting at 8:25

Arndt moved and Dorry seconded and the motion passed unanimously to refer the purchase of dirt to complete the gravel pit project back to the Street Committee for deliberation and recommendation.

Council members reviewed the 13 Clerk/Administrator applications. Interview will be held on March 15^th beginning at 1:00 P.M.

ADJOURNMENT:

There being no further business to come before the Council, Arndt moved and Johnson

seconded and the motion passed unanimously for the adjournment of the meeting and with no objections thereto, Johnson adjourned the March 5, 2007 meeting of the Ortonville City Council at 9:25 P.M.

_________________________________

Charleen K. Grossman, Clerk-Administrator