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MINUTES OF THE REGULAR MEETING

OF THE ORTONVILLE CITY COUNCIL

COUNTY OF BIG STONE, STATE OF MINNESOTA

MONDAY, JUNE 5, 2006 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:  John Cunningham, Bob Meyer, Dan Oakes, Nick Anderson, Artie Arndt, Mike Dorry with the following absent:  None.  City Staff Present: Char Grossman, Tim Scherer.  Others present:  Craig Ash, Elsie Perrine, Todd Verheul, Sara Verheul   Media present:  Mike Swenson, Julie Gruber, Jenifer Jones.

 

AGENDA AMENDMENTS:                     

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

 

Add:

New Business

13.f      Committee for Building

13.g     July Council Meetings

13.h     Swimming Pool

 

RECOGNITIONS/PRESENTATIONS/INTRODUCTIONS:

Todd Verheul, Airport Manger, presented the 2006 Airport Improvement Project bids and requested council approval.

 

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

 

RESOLUTION 06-081

RESOLUTION AWARDING 2006 AIRPORT IMPROVEMENT PROJECT BID

 

WHEREAS, the Airport Board of the City of Ortonville had requested bids to be received for the 2006 Airport Improvements project, and

 

WHEREAS, bids have now been received and reviewed by the engineers of Short Elliott Hendrickson, Inc. and the Airport Board, and

 

WHEREAS, bids received were reported as follows:  Central Specialties Inc. - $369,669.06, Duininck Bros. Inc. - $410,595.31 and Bituminous Paving Inc. - $436,938.15, and

 

WHEREAS, the bid of Central Specialties Inc. in the amount of $369,669.06 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 Central Specialties Inc. is hereby accepted. 

 

2.      FAA to pay 95% of the allowable costs incurred in accomplishing the project.  The remaining funds for the project will come from Airport Capital Improvements reserves.

 

3.      That the Mayor and Clerk-Administrator be and are hereby authorized to execute the necessary agreement.

 

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

 

Resolution 06-081 passed this 5th day of June 2006.

 

                                                                                    APPROVED:

                                               

                                                                                    ____________________       

Blair Johnson

Mayor

           

ATTEST:

 

_____________________

Charleen K. Grossman

City Clerk-Administrator

 

Todd Verheul also requested approval of the Corn Festival Air Show.   Dorry moved and Meyer

seconded and the motion passed unanimously to approve the fly-in, drive-in pancake breakfast

and air show on August 19, 2006.  The Mayor is authorized to sign the federal waiver form to

close the airport for the event.

 

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

 

RESOLUTION 06-082

RESOLUTION APPROVING AGREEMENT WITH SHORT ELLIOTT HENDRICKSON INC. TO PROVIDE CONSTRUCTION PHASE SERVICES

 

WHEREAS, the Airport Committee has requested engineering during the construction phase of the 2006 Airport Improvement Project, and

 

WHEREAS, the Airport Committee is recommending the approval of the agreement with Short Elliott Hendrickson Inc. to provide the construction phase services for the 2006 Airport Improvement Project, and

 

 NOW THEREFORE BE IT RESOLVED by the Council that:

 

1.      The agreement between Short Elliott Hendrickson Inc. and the City of Ortonville be approved in the amount up to $36,103.11. 

 

2.      FAA to pay 95% of the allowable costs incurred in accomplishing the project.  The remaining funds for the project will come from Airport Capital Improvements reserves.

 

3.      That the Mayor and Clerk-Administrator be and are hereby authorized to execute the necessary agreement.

 

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

 

Resolution 06-082 passed this 5th day of June 2006.

 

                                                                                    APPROVED:

                                               

                                                                                    ____________________       

Blair Johnson

Mayor

           

ATTEST:

 

_____________________

Charleen K. Grossman

City Clerk-Administrator

                                                                                               

CONSENT AGENDA:

Johnson asked if there were any additions, corrections, or deletions to be made to the Consent Agenda.  Motion was made by Anderson seconded by Oakes to approve the Consent Agenda which included the following items:

 

9.a                   Motion approving proposed regular council minutes of May 15, 2006.

 

12.a                 Anderson moved and Oakes seconded that the following resolution be adopted:

 

          RESOLUTION 06-083

RESOLUTION APPROVING GOLF CART HOUSE LEASE AGREEMENTS

 

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville, Minnesota that the golf cart house lease agreements between the City of Ortonville and G.P. & Josh Bowen and Alan Pederson be approved and the Mayor and Clerk/Administrator are authorized to execute said leases on behalf of the City of Ortonville.

 

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

 

Resolution 06-083 passed this 5th day of June 2006.

 

APPROVED:

                                               

                                                                                    ____________________       

Blair Johnson

Mayor

 

ATTEST:

 

_____________________

Charleen K. Grossman

City Clerk-Administrator

 

13.a                 Anderson moved and Oakes seconded that the following resolution be adopted:

 

RESOLUTION 06-084

RESOLUTION APPROVING EXPERIENCE WORKS AGREEMENT

 

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 Experience Works be and is hereby approved to provide training and work experience for the Senior Community Service Employment Program and that the Mayor and Clerk-Administrator are hereby authorized to sign such agreement.

 

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

 

Resolution 06-084 passed this 5th day of June 2006.

 

APPROVED:

                                               

                                                                                    ____________________       

Blair Johnson

Mayor

           

ATTEST:

 

_____________________

Charleen K. Grossman

City Clerk-Administrator

 

13. b                Anderson moved and Oakes seconded that the following resolution be adopted:

 

RESOLUTION 06-085

RESOLUTION APPROVING BIG STONE COUNTY – CONTRACT FOR SERVICES AGREEMENT

 

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 Big Stone County be and is hereby approved to provide care for stray or abandoned dogs picked up by the Big Stone County Sheriff’s Department within the County of Big Stone and that the Mayor and Clerk-Administrator are hereby authorized to sign such agreement.

 

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

 

Resolution 06-085 passed this 5th day of June 2006.

 

APPROVED:

                                               

                                                                                    ____________________       

Blair Johnson

Mayor

           

ATTEST:

 

_____________________

Charleen K. Grossman

City Clerk-Administrator

 

13.c                 Anderson moved and Oakes seconded that the following resolution be adopted:

 

RESOLUTION 06-086

RESOLUTION APPROVING 2006 UTILITY & STREET IMPROVEMENTS PAY REQUEST #1

 

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville, Minnesota that the 2006 Utility & Street Improvements project pay request #1 in the amount of $26,482.20 is hereby approved and ordered paid.

 

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

 

Resolution 06-086 passed this 5th day of June 2006.

 

APPROVED:

                                               

                                                                                    ____________________       

Blair Johnson

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 the recommendation of the Park Board, Cunningham moved and Johnson seconded that the following resolution be adopted:

 

RESOLUTION 06-087

RESOLUTION APPROVING THE PURCHASE OF DOCK WHEELS

 

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville that due to continuing difficulty with installation of the Lakeside Park dock, two sets of wheels will be purchased and installed on two docks per diagram in the amount of $1,980 from Gofaster is hereby approved with funds coming from the dock budget.  Also aluminum plaques will be installed on the docks with the names of organizations that gave donations of $500 or more for the purchase of the dock. 

 

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

 

Resolution 06-087 passed this 5th day of June 2006.

 

                                                APPROVED:

 

                                                                                    _______________________

                                                                                    Blair Johnson

Mayor

 

 

 

 

ATTEST:

 

______________________________

Charleen K. Grossman

City Clerk/Administrator

 

The Park Board will be making a recommendation as to the height of the Lakeside Park docks.

 

UNFINISHED BUSINESS:

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

 

RESOLUTION 06-088

RESOLUTION CALLING FOR HEARING

 

BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville that a public hearing has been rescheduled to the 1st Meeting in July, 2006 at 7:00 P.M. in the Dialysis Building, 435 Eastvold, for the Spark Street Project, with property owners to receive notices of the hearing.

           

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

 

Resolution 06-088 passed this 5th day of June 2006.

 

APPROVED:

                                               

                                                                                    ____________________       

Blair Johnson

Mayor

 

ATTEST:

 

______________________________

Charleen K. Grossman

City Clerk/Administrator

 

Mosquito spraying was discussed.  Referred to the Street Committee for recommendations for spraying in 2006 or for the 2007 Budget.

 

NEW BUSINESS:

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

 

 

 

 

 

RESOLUTION 06-089

RESOLUTION ESTABLISHING PROCEDURES

RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND

REGULATIONS UNDER THE INTERNAL REVENUE CODE

 

BE IT RESOLVED by the City Council (the "Council") of the City of Ortonville, Minnesota (the "City"), as follows:

 

1.         Recitals

 

(a)        The Internal Revenue Service has issued Treasury Regulations, Section 1.150-2 (as the same may be amended or supplemented, the "Regulations"), dealing with "reimbursement bond" proceeds, being proceeds of the City's bonds used to reimburse the City for any project expenditure paid by the City prior to the time of the issuance of those bonds. 

 

(b)        The Regulations generally require that the City make a declaration of intent to reimburse itself for such prior expenditures out of the proceeds of subsequently issued bonds, that such declaration be made not later than 60 days after the expenditure is actually paid, and that the bonding occur and the written reimbursement allocation be made from the proceeds of such bonds within 18 months after the later of (1) the date of payment of the expenditure or (2) the date the project is placed in service (but in no event more than 3 years after actual payment).

 

(c)        The City heretofore implemented procedures for compliance with the predecessor versions of the Regulations and desires to amend and supplement those procedures to ensure compliance with the Regulations.

 

(d)        The City's bond counsel has advised the City that the Regulations do not apply, and hence the provisions of this Resolution are intended to have no application to payments of City project costs first made by the City out of the proceeds of bonds issued prior to the date of such payments.

 

            2.         Official Intent Declaration.  The Regulations, in the situations in which they apply, require the City to have declared an official intent (the "Declaration") to reimburse itself for previously paid project expenditures out of the proceeds of subsequently issued bonds.  The Council hereby authorizes the City Administrator-Clerk to make the City's Declarations or to delegate from time to time that responsibility to other appropriate City employees.  Each Declaration shall comply with the requirements of the Regulations, including without limitation the following:

 

(a)        Each Declaration shall be made not later than 60 days after payment of the applicable project cost and shall state that the City reasonably expects to reimburse itself for the expenditure out of the proceeds of a bond issue or similar borrowing.  Each Declaration may be made substantially in the form of the Exhibit A which is attached to and made a part of this Resolution, or in any other format which may at the time comply with the Regulations.

 

(b)        Each Declaration shall (1) contain a reasonably accurate description of the "project," as defined in the Regulations (which may include the property or program to be financed, as applicable), to which the expenditure relates and (2) state the maximum principal amount of bonding expected to be issued for that project.

 

(c)        Care shall be taken so that the City, or its authorized representatives under this Resolution, not make Declarations in cases where the City does not reasonably expect to issue reimbursement bonds to finance the subject project costs, and the City officials are hereby authorized to consult with bond counsel to the City concerning the requirements of the Regulations and their application in particular circumstances.

 

(d)        The Council shall be advised from time to time on the desirability and timing of the issuance of reimbursement bonds relating to project expenditures for which the City has made Declarations.

 

            3.         Reimbursement Allocations.  The designated City officials shall also be responsible for making the "reimbursement alloca­tions" described in the Regulations, being generally written allocations that evidence the City's use of the applicable bond proceeds to reimburse the original expenditures.

 

            4.         Effect.  This Resolution shall amend and supplement all prior resolutions and/or procedures adopted by the City for compliance with the Regulations (or their predecessor versions), and, henceforth, in the event of any inconsistency, the provisions of this Resolution shall apply and govern.

 

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

 

Resolution 06-089 passed this 5th day of June 2006.

 

APPROVED:

                                               

                                                                                    ____________________       

Blair Johnson

Mayor

 

ATTEST:

 

______________________________

Charleen K. Grossman

City Clerk/Administrator

 

Cunningham moved and Arndt seconded and the motion passed unanimously approving the appointment of John Cunningham to the Corporate Board of the Western Minnesota Revolving Loan Fund.

 

Johnson moved and Cunningham seconded and the motion passed unanimously appointing Bob Meyer, Blair Johnson and Nick Anderson to a committee to look into a City Hall/Police/Fire Department/Community Room.

 

A motion was offered by Oakes and seconded by Cunningham and did pass unanimously that the regular City Council meetings in July will be held on the 10th and 24th.

 

Council Member Dorry thanked the City Employees and Lifeguards for the hard working of getting the Swimming Pool up and running.

 

CLERK/ADMINISTRATOR REPORTS & RECOMMENDATIONS:

Carolyn Drude thanked the City Council for the opportunity to meet with them regarding future bonding.  Quotes have been received for televising the Lakeshore sewer, referred to the Ulteig Engineers for recommendation.

 

ADJOURNMENT:

There being no further business to come before the Council, Dorry moved and Cunningham seconded and the motion passed unanimously for the adjournment of the meeting and with no objections thereto, Johnson adjourned the June 5, 2006 meeting of the Ortonville City Council at 7:46 P.M.

 

 

_________________________________

Charleen K. Grossman, City Clerk-Administrator

 

 

 

 

 

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