MINUTES OF THE REGULAR MEETING

OF THE ORTONVILLE CITY COUNCIL

COUNTY OF BIG STONE, STATE OF MINNESOTA

MONDAY, APRIL 17, 2006 7:00 P.M.

HOSPITAL EDUCATION ROOM

CALL TO ORDER AND ROLL CALL:

President Pro-Tem Oakes 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, Artie Arndt, John Cunningham, Bob Meyer, Nick Anderson with the following absent: Blair Johnson. City Staff Present: Char Grossman, Tim Scherer, Travis Strasser. Others present: Heath Sherod, Ray Bergeson, Lois Bergeson, Kerri Saeger, Patrick Reisnour, Heather DeJong, Jason DeJong, Rick Ash, Norb Eberle, David Homrighausen, Tom Koop, Brett Repulske. Media present: Mike Swenson, Julie Gruber.

AGENDA AMENDMENTS:

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

Add:

Unfinished Business

12.b City Employee Meeting

New Business

13.g Bob Pflueger Petition

13.h Appoint 2 City Council Representative to meet with County Commissions

PUBLIC HEARINGS:

At 7:02 P.M, and upon due public notice, President Pro-Tem Oakes opened the public hearing for the purpose of amending the zoning ordinance to include in §150.027 B-3 – Highway Business (B)(7) Churches. With no one present to be heard, Oakes closed the hearing at 7:03.

Cunningham offered the First Reading of Ordinance No. 06-02 amending the zoning ordinance to include in §150.027 B-3 – Highway Business (B)(7) Churches.

RECOGNITIONS/PRESENTATIONS/INTRODUCTIONS:

Brett Repulske, United States Department of Agriculture Rural Development, presented information on loans that would be available to the City to construct a city building to house the city offices/fire department/community room. Loans are available at 4 3/8% interest rate, but will be increasing. No action was taken.

Tom Koop, Larson, Allen, Weishair & Co., reviewed the 2005 financial audit of the City of Ortonville and distributed the copy for council members to review. Koop reported that Ortonville is in good financial condition.

CITIZENS TO BE HEARD:

Ray Bergeson, Lois Bergeson, Heath Sherod, Kerri Saeger, Heather Dejong and Jason Dejong are requesting that the City wall adjacent to their property on Pacific Avenue be repaired. The request was referred to the street committee for deliberation and recommendation.

CONSENT AGENDA:

Oakes asked if there were any additions, corrections, or deletions to be made to the Consent Agenda. Motion was made by Anderson seconded by Arndt, (with the exception of 11.a Utility Committee Recommendation – Purchase of Vacuum Excavation Unit up to $40,000 from the Water & Light Capital Budget) to approve the Consent Agenda which included the following items:

9.a Motion approving proposed regular council minutes of April 3, 2006.

11.b Anderson moved and Arndt seconded that the following resolution be adopted:

RESOLUTION 06-053

RESOLUTION APPROVING THE PURCHASE OF A SEWER JETTER

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville that the purchase of a sewer jetter as recommended by the Utility Committee up to $140,000 is hereby approved with funds coming from the sewer capital budget.

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

Resolution 06-053 passed this 17^th day of April 2006.

APPROVED:

____________________

Dan Oakes

President Pro-Tem

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

RESOLUTION 06-054

RESOLUTION APPROVING MASTER NONDISCLOSURE AGREEMENT FOR MNCIS GOVERNMENT LOGIN ACCOUNTS

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 the State of Minnesota be and is hereby approved to provide access to electronic case record information of the Minnesota District Courts and that the Mayor and Clerk-Administrator are hereby authorized to sign such agreement.

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

Resolution 06-054 passed this 17^th day of April 2006.

APPROVED:

____________________

Dan Oakes

President Pro-Tem

ATTEST:

_____________________

Charleen K. Grossman

City Clerk-Administrator

15. Motion approving payment of bills as presented.

With all members voting in favor, the motion carried.

REPORTS FROM COUNCIL COMMITTEES:

Last week a demonstration of a vacuum excavation unit was observed by the city employees. The utility committee has recommended the purchase of the equipment up to $40,000. After the demo, it has been determined that this vacuum would be very useful for all city departments, but the cost of this unit is approximately $55,000. Arndt moved and Anderson seconded that the following resolution be adopted:

RESOLUTION 06-055

RESOLUTION APPROVING THE PURCHASE OF A VACUUM EXCAVATION UNIT

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville that the purchase of a vacuum excavation unit as recommended by the Utility Committee up to $60,000 is hereby approved with funds coming from the water and light capital budgets.

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

Resolution 06-055 passed this 17^th day of April 2006.

APPROVED:

____________________

Dan Oakes

President Pro-Tem

ATTEST:

_____________________

Charleen K. Grossman

City Clerk/Administrator

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

RESOLUTION 06-056

RESOLUTION APPROVING THE ALLEY OVERLAY

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville that the alley overlay by Trinity Lutheran Church be approved up to $3,500 from the general fund capital budget – street replacement.

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

Resolution 06-056 passed this 17^th day of April 2006.

APPROVED:

____________________

Dan Oakes

President Pro-Tem

ATTEST:

_____________________

Charleen K. Grossman

City Clerk-Administrator

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

RESOLUTION 06-057

RESOLUTION APPROVING REPAIR OF WALL ON SOUTH MINNESOTA

WHEREAS, the wall on South Minnesota Street is in needed of new grout, and

WHEREAS, the Street Committee has obtained a quote for the project from Cordes Enterprises in the amount of $12,800, and

BE IT AND IT IS HEREBY RESOLVED that the Council of the City of Ortonville, Minnesota, approves the quote of Cordes Enterprises for the repair of the wall in the amount of $12,800 from the general fund capital budget – street replacement.

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

Resolution 06-057 passed this 17^th day of April 2006.

APPROVED:

____________________

Dan Oakes

President Pro-Tem

ATTEST:

_____________________

Charleen K. Grossman

City Clerk-Administrator

Bids for the 2006 Seal Coat project were opened and one bid was received in the amount of $29,000.00 from Bituminous Paving, Inc. Upon the recommendation of the Street Committee, Dorry moved and Cunningham seconded that the following resolution be adopted:

RESOLUTION 06-058

RESOLUTION ACCEPTING BITUMINOUS PAVING, INC.

BID FOR 2006 STREET SEAL COATING PROJECT

WHEREAS, the Council of the City of Ortonville had previously advertised for bids to be received for the seal coating of various Ortonville streets during the summer of 2006, and

WHEREAS, a bid was received as follows: Bituminous Paving Inc. $29,000.00, and

WHEREAS, the bid of Bituminous Paving, Inc., Ortonville, Minnesota in the amount of $29,000.00 has been determined 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.

2. 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: Dorry, Oakes, Meyer, Cunningham, Arndt, Anderson and the following voted nay: None.

Resolution 06-058 passed this 17^th day of April 2006.

APPROVED:

____________________

Dan Oakes

President Pro-Tem

ATTEST:

_____________________

Charleen K. Grossman

City Clerk-Administrator

Bids for the 2006 Street Rehabilitation Project were opened and two bids were received in the amount of $4,250.00 from Highway Improvement, Inc and $7,500.00 from Bergman Companies, Inc. Dorry moved and Cunningham seconded that the following resolution be adopted:

RESOLUTION 06-059

RESOLUTION ACCEPTING THE BID FROM HIGHWAY IMPROVEMENT, INC. FOR 2006 STREET CRACK FILLING

WHEREAS, the Council of the City of Ortonville had previously advertised for bids to be received to rout, blow and seal cracks and joints of various Ortonville streets during the summer of 2006, and

WHEREAS, bids have now been received and reviewed and they are as follows: Highway Improvement, Inc., Sioux Falls, SD, $4,250.00, and Bergman Companies, Inc., Eau Claire, WI, $7,500.00, and

WHEREAS, the bid of Highway Improvement, Inc., Sioux Falls, South Dakota in the amount of $4,250.00 has been determined 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: Dorry, Oakes, Meyer, Cunningham, Arndt, Anderson and the following voted nay: None.

Resolution 06-059 passed this 17^th day of April 2006.

APPROVED:

____________________

Dan Oakes

President Pro-Tem

ATTEST:

_____________________

Charleen K. Grossman

City Clerk-Administrator

UNFINISHED BUSINESS:

Patrick Reisnour, Interstate Engineering, Inc., explained the Spark Street feasibility report. To make the lots more attractive we will try to obtain the railroad property. The EDA should purchase the property from Big Stone Area Growth and then develop. As EDA members, Arndt and Cunningham will negotiate with Steve Barr for the RR property.

The Street Committee has recommended that the City employees do the construction of the Spark Street project to reduce the cost. No action was taken.

Carolyn Drude, Ehlers & Associates, informed the council on possible options of bonding for projects. Carolyn will come to a council retreat in May to further discuss bonding of projects.

A combined meeting will the City Council and the City employees will be scheduled either on May 17^th or 18^th at the Dialysis Building.

NEW BUSINESS:

Topics for the Work Session – May 1:

Spark Street

Community Building

Topics for Radio Program:

Financial Audit

Rural Development Money

Highway 12 Lights

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

RESOLUTION 06-060

RESOLUTION OF SUPPORT FOR THE BIG STONE II PROJECT

WHEREAS, the City of Ortonville is a member of Missouri River Energy Service (MRES), and

WHEREAS, the City of Ortonville purchases all its supplemental power needs from MRES to support its community growth and growing energy needs, and

WHEREAS, MRES has determined that additional base load resources are now necessary to meet the growing needs of all its member municipal electric systems, and

WHEREAS, the Big Stone II Project (BSP II) has been judged to be the most cost effective option to meet the growing needs of the City of Ortonville and other MRES members to ensure rate stability and service reliability on a timely basis, and

WHEREAS, BSP II will incorporate highly efficient technology that will result in a cleaner environment, including a substantial reduction in mercury, sulfur dioxide and nitrogen oxides emissions, and

WHEREAS, BSP II will construct new transmission facilities in the region to improve reliability and in conjunction with other transmission projects in the state will also accommodate development of 800-1,000 MW of additional generation beyond that needed by BSP II, including potential new renewable generation facilities, and

WHEREAS, the City of Ortonville finds this project consistent with its environmental record of 82% hydro power and the balance from the cleanest possible base load generation,

NOW, THEREFORE, BE IT RESOLVED, that the City of Ortonville fully supports the Big Stone II Project generation and transmission facilities, and

BE IT FURTHER RESOLVED, the City urges its state legislators and all state regulators to support the BSP II project based on the base load energy needs of the City and the region, the environmental considerations being shown by the project, the potential for future resource development created by the additional transmission capacity proposed by the project and the cost stability and system reliability BSP II would bring to the area.

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

Resolution 06-060 passed this 17^th day of April 2006.

APPROVED:

____________________

Dan Oakes

President Pro-Tem

ATTEST:

_____________________

Charleen K. Grossman,

City Clerk-Administrator

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

RESOLUTION 06-061

RESOLUTION HIRING PART TIME SEASONAL GOLF EMPLOYEES

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville, Minnesota that the hiring of Andrew Hinders - seasonal maintenance at Step 1 - $6.57, Scott Karels – seasonal maintenance at Step 1 - $6.57 and Zachary Harmening – seasonal maintenance at Step 1 - $6.57 is hereby approved.

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

Resolution 06-061 passed this 17^th day of April 2006.

APPROVED:

____________________

Dan Oakes

President Pro-Tem

ATTEST:

_____________________

Charleen K. Grossman,

City Clerk-Administrator

Cunningham moved and Oakes seconded and the motion passed unanimously accepting the petition from Robert and Lois Pflueger for the annexation of Lot 8 of Lot A of Section 32, T. 122N 46W into the City of Ortonville.

A motion was offered by Cunningham and seconded by Meyer and did pass unanimously appointing Dan Oakes and Nick Anderson as the City’s representatives and John Cunningham and Artie Arndt as alternatives to the County Wide Committee.

CLERK/ADMINISTRATOR REPORTS & RECOMMENDATIONS:

Updated the Council on the power outage over the weekend. Having problems finding someone to run the camera during City Council meetings.

ADJOURNMENT:

There being no further business to come before the Council, Arndt moved and Dorry seconded and the motion passed unanimously for the adjournment of the meeting and with no objections thereto, Oakes adjourned the April 17, 2006 meeting of the Ortonville City Council at 9:16 P.M.

_________________________________

Charleen K. Grossman, City Clerk-Administrator