ORTONVILLE CITY COUNCIL
COUNTY OF BIG STONE, STATE OF MINNESOTA
REGULAR MEETING MINUTES
DIALYSYS BUILDING - 435 EASTVOLD AVENUE
MONDAY, JULY 21, 2008
7:00 P.M.
CALL TO
ORDER AND ROLL CALL:
Pro Tem
John Cunningham called the Regular Meeting of the Ortonville City Council
to order at 7:00 P.M. Roll Call was taken with the following Present:
Craig Randleman, Steve Berkner, Mike Dorry, Bob Meyer, John Cunningham.
Absent: Mayor Johnson, Anderson. Staff Present: Clerk-Administrator David
Lang, Deputy Clerk Susan Lundell, Vicki Oakes, EDA Coordinator. Media
Present: Mike Swenson (Ortonville Independent). Others Present: Rick Ash (OAHS
Administrator), Marylin Jurgens, Fran Fridgen, Dave Dinnel, Darlene
Loeschke, Scott Simonitch, Mel Ehlert, Norman Schultz, Lawrence and Anne
Schmieg, Vidella Parks, Nancy Stedman, Penny Baybridge, Liberty Baybridge,
Marcy Stotesbery, Alice Radermacher, Elsie Perrine and other interested
persons.
Motion
by Randleman, second by Dorry to name Council
Member Cunningham as Mayor Pro Tem for this meeting.
All in
favor. 5-0. MCU.
Motion
by Meyer, second by Berkner to postpone the
meeting due to the fact that Council Member Meyer just received his
Council packet at 4:20 P.M. and did not have time to review the documents
before the meeting.
Discussion: Berkner reported he did
not receive his packet until 4:00 P.M. Meyer felt that he needed to
receive the packets 24 hours in advance to do a proper review of the
topics at hand. Berkner stated that some business that Council Members had
prior knowledge of should be acted upon. There being no vote on the
motion, the motion died.
AGENDA AMENDMENTS/APPROVAL:
Motion by Randleman, second by Berkner
to amend the Agenda
removing 8.a. Expenditures from the Consent Agenda, to act only on those
items that the Council has previous knowledge of and to recess the Council
meeting to a later date and time thus affording Council Members time to
review agenda items not previously considered.
All in favor. 5-0. MCU. (Motion
Carried Unanimously).
CITY
ATTORNEY REPORTS & RECOMMENDATIONS:
3.a.
First Reading: Ordinance 08-02: An Ordinance Amending Section
150.152(A)(1) Of The Code Of Ordinances Increasing The Number Of Members
Of The Heritage Preservation Commission From Five To Seven Members.
Motion
by Berkner, second by Meyer to approve the
First Reading: Ordinance 08-02: An Ordinance Amending Section
150.152(A)(1) Of The Code Of Ordinances Increasing The Number Of Members
Of The Heritage Preservation Commission From Five To Seven Members.
All in favor. 5-0. MCU.
Ortonville
City Council Regular Meeting Minutes, July 21, 2008
Page 2 of 7
CITIZENS
TO BE HEARD:
7.a. Marcy
Stotesbery of the Central Park Restoration Committee asked that Central
Park be mowed and ready for Cornfest. City Clerk-Administrator Lang asked
that she call his office next time there is a request for maintenance as
this is a routine matter. Lang stated he will follow up on this request
with the Public Works staff.
7.b.
Planning Commission Chair Scott Simonitch reported on the Planning
Commission’s Finding of Fact regarding a Metal Garage Variance Request
from Francis and Marylin Jurgens of 809 Lake Avenue. Simonitch stated the
Planning Commission considered all options and found there was failure to
demonstrate an undue hardship as defined by M.S. 462.357 and Section
150.139 (C) (1) of the Zoning Chapter, and, thus, a variance cannot be
granted to the applicants. Simonitch expressed concern if a variance for
constructing a metal, steel sided and roofed garage was issued in this
particular case, it would be difficult for the Planning Commission, in the
future, to deny applications for the same type of non-compliant
construction.
Marylin
Jurgens of 809 Lake Avenue asked that the variance for a metal, steel
sided and roofed garage be approved and grandfathered in.
CONSENT AGENDA:
Motion by Meyer, second by
Randleman to approve the Consent Agenda as
amended (omitting 8.a.Expenditures).
8.a. Approve Expenditures TABLED
8.b. Approve Temporary 3.2%
Liquor License For The Fire Department
August 14, 2008 to August 18,
2008
8.c. Approve One-Day 3.2% Liquor
License For The Big Stone Area Chamber of Commerce Subject to Obtaining
Proof of Appropriate Insurance - August 16, 2008
8.d. Approve One-Day Bingo
License For The Big Stone Area Chamber of Commerce – August 16, 2008
8.e. Approve Lease for Lawful
Gambling Activity at Alley Cat Lanes – Let’s Go Fishing
8.f. Approve Use of Riverside
Park For Trail Riders – August 1, 2, 3, 2008 – Clark Mastel
All in favor. 5-0. MCU.
RECOMMENDATIONS OF CITIZEN
BOARDS, COMMITTEES AND COMMISSIONS:
Motion by Randleman, second by
Dorry to table 9.a.
All in Favor. 5-0. MCU.
9.a.
TABLED: Planning Commission Recommendation: Resolution: To Uphold The
Findings of Fact To Deny A Variance Request For A Metal Garage At The
Residence Of Francis And Marylin Jurgens At 809 Lake Avenue.
Because two of the seven Councilors were absent, no action
was taken.
Ortonville
City Council Regular Meeting Minutes, July 21, 2008
Page 3 of 7
RECOMMENDATIONS OF CITIZEN
BOARDS, COMMITTEES AND COMMISSIONS: (cont.)
9.b.
Utility Committee Recommendation: Resolution: To Approve 2008 Conservation
Improvement Spending For Compact Fluorescent Light
Bulbs-$14,000
Motion
by Randleman, second by Cunningham to adopt
Resolution 08-055, Approving 2008 Conservation Improvement Spending for
Compact Fluorescent Light Bulbs-$14,000.
Discussion and Questions Followed.
Roll
Call: Berkner, Randleman, Cunningham, Dorry, Meyer. Nay:
None. All in favor. 5-0. MCU.
9.c. Utility Committee
Recommendation: Approve Resolution Adopting Temporary Water Connection
Agreement & Connection Fee of $1,250 For Steve Barr New Residence At North
Minnesota
Motion by Berkner, second by
Randleman to
adopt Resolution 08-056, Approving Adoption of Temporary Water Connection
Agreement & Connection Fee of $1,250 For Steve Barr New Residence at North
Minnesota
Roll Call: Berkner, Randleman,
Cunningham, Dorry, Meyer. Nay: None.
All in favor. 5-0. MCU.
Motion by Dorry, second by
Berkner to table
9.d., 9.e., 9.f.
All in favor. 5-0. MCU.
9.d.
TABLED: Street Committee Recommendation: To Leave The Lakeside Park Street
“As Is” For The Trailhead Project To Create More Green Space Around The
Pavilion
9.e.
TABLED: Airport Board Recommendation: To Require Appropriate Proof Of
Insurance For Operators of Agricultural Aircraft To Be On File With The
City
9.f. TABLED: Airport Board
Recommendation: To Amend The Contract Of Todd Veheul To Compensate Him At
An Hourly Rate of $20/Hour For Tasks Not Included In His Current Contract
Clerk-Administrator Lang asked the
Council to meet in special session tomorrow to approve the Expenditures
and to meet on Monday, July 28 to act on the Tabled Items from this
evening’s meeting.
City Clerk-Administrator Reports & Recommendations:
13.a. Update: Small Cities
Development Grant Program
Lang stated the Heritage Preservation
Commission if finalizing the rehab guidelines.
13.b. Update:
Upper MN River Regional Park Improvement Project Grant
Lang stated several site plan meetings
have taken place.
13.c. Update:
Ortonville & Big Stone County Housing Study
The Study remains on schedule to
complete in September 2008.
13.d. Update: MN Housing Finance
Agency 2008 MN Cities Participation Program Grant
To date, local lenders are working to
qualify borrowers
13.e. Update:
Planning Commission Blog Web Site
The new completion date is the end of
August
13.f. Government Center Space Needs
Survey
The Survey will be presented to the
Council on August 4th.
13.g. Update:
Library Steps Replacement
An extension will be requested as part
of the annual monitoring report.
Ortonville
City Council Regular Meeting Minutes, July 21, 2008
Page 4 of 7
City Clerk-Administrator Reports & Recommendations:
13.h. Big Stone II Transmission
Certificate of Need and Routing Permits
There is nothing new to report.
13.i. Update:
Wellhead Protection Plan – Phase II
Monthly meeting are continuing.
13.j. Update: 2007-2008 Sanitary
Sewer Rehab Project – Hilltop & Lakeshore Drive
The project has been completed ahead
of the August 1, 2008 deadline.
13.k. Upgrade
of Remote Desksets Connected to Base Radio on City of Ortonville Radio
Channel
This was completed earlier in the
month.
13.l. Update:
Request For Proposal For Columbian Hotel, Odd Fellows Building & Too Mad
Corner
Rosemary Fagrelius from the MN Housing
Partnership will be here August 7th and 8th to
continue work on the RFP.
13.m. Airport Rezoning
The MnDOT grant is approved, and
creation of a Joint Zoning Board is a next step.
13.n. Permit
and License Application Process
The Planning Commission will be
conducting a review of this process.
13.o. Election Judge Selection and
Training
Lang noted some returning judges
have been contacted, and letters will be sent next week. An ad will also
appear in the local paper.
Council Member Dorry asked that an
Executive Session be included on the Agenda for the July 28, 2008 Special
Council Meeting.
RECESS:
Motion by Randleman, second by
Berkner to recess the meeting to approve the
Expenditures until 4:30 P.M., July 22, 2008, in the Dialysis Building.
All in favor. 5-0. MCU.
RECONVENE:
The July 21, 2008 City Council
Regular Meeting reconvened at 4:30 PM at the Dialysis Building.
CALL TO ORDER AND ROLL CALL:
Mayor Pro Tem Nick Anderson called
the meeting to order at 4:30 P.M. Roll Call was taken with the following
present: Mayor Pro Tem Anderson, Mike Dorry, Bob Meyer, and Craig
Randleman. Absent: Mayor Blair Johnson, John Cunningham and Steve Berkner.
Ortonville
City Council Regular Meeting Minutes, July 21, 2008
Page 5 of 7
APPROVE EXPENDITURES:
Motion by Dorry, second by Meyer
to approve the Expenditures. Discussion
and questions followed regarding the telephone bill with respect to the
number of lines properly allocated to the Police Department. Discussion
and questions also followed regarding the dollar amount of a bill from a
Milbank, SD veterinarian to euthanize either one or two dogs. Lang offered
to follow up on both of these invoices.
All in favor. 4-0. MCU.
RECESS:
Motion by Randleman, second by
Anderson to recess the meeting at 4:38 PM. It
was announced the meeting will reconvene to consider Items 9.a.,9.d., 9e.
and 9f. at 7:00 P.M., July 28, 2008, in the Dialysis Building.
All in favor. 4-0. MCU.
RECONVENE:
The July 21, 2008 City Council
Regular Meeting reconvened at 7:00 PM at the Dialysis Building.
CALL TO ORDER AND ROLL CALL:
Mayor Blair Johnson reconvened the
July 21, 2008 City Council meeting and called the meeting to order at 7:00
P.M. Roll Call was taken with the following present: Mayor Blair Johnson,
Nick Anderson, Steve Berkner, John Cuningham, Mike Dorry, Bob Meyer, and
Craig Randleman. Absent: None. Staff Present: City Administrator David
Lang Media Present: Mike Swenson (Ortonville Independent). Also
Present: Planning Commission Chair Scott Simonitch, Mel Ehlert, Norman
Schultz, Marylin Jurgens, Fran Fridgen, Trailhead Ad Hoc Committee Member
Artie Arndt and Pat Reisnour of Interstate Engineering.
RECOMMENDATIONS OF CITIZEN
BOARDS, COMMITTEES AND COMMISSIONS: (cont.)
9.a.
Planning Commission Recommendation: Resolution: Approving A Resolution To
Uphold The City of Ortonville Board of Adjustment & Appeals Findings of
Fact To Deny A Variance Request For A Metal Garage At The Residence Of
Francis And Marylin Jurgens At 809 Lake Avenue.
Planning Commission Chair Scott
Simonitch reviewed the Findings of Fact in this matter. He noted all the
rules in the City Ordinances require a public hearing before adoption. In
addition, the Ordinances are available at the City Office. Simonitch noted
the Planning Commission is being diligent to follow our Ordinances.
Motion
by Cunningham, second by Berkner to adopt
Resolution 08-057, Approving A Resolution To Uphold The City of
Ortonville Board of Adjustment & Appeals Findings of Fact To Deny A
Variance Request For A Metal Garage At The Residence Of Francis And
Marylin Jurgens At 809 Lake Avenue. Discussion and questions followed.
Ortonville
City Council Regular Meeting Minutes, July 21, 2008
Page 6 of 7
RECOMMENDATIONS OF CITIZEN
BOARDS, COMMITTEES AND COMMISSIONS: (cont.)
9.a.
Planning Commission Recommendation: Resolution: Approving A Resolution To
Uphold The City of Ortonville Board of Adjustment & Appeals Findings of
Fact To Deny A Variance Request For A Metal Garage At The Residence Of
Francis And Marylin Jurgens At 809 Lake Avenue. (cont.)
Anderson
stated he feels the Planning and Zoning Commission did their job. However;
he is troubled that five years ago you could put up a steel building in a
residential neighborhood in Ortonville and now you cannot. Berkner
responded that he has been on the Planning and Zoning Commission about
seven years. He stated that siding and roofing materials were discussed at
length over five years ago. The sense of the Commission and the Ordinance
is that any structure over 120 square feet is more like a building, and
should require footings and be rated for a snow load. Berkner believes in
this case, the hardship was created by the homeowner.
Marylin
Jurgens stated they were not told a steel garage could not be put up. She
is pleading ignorance of the City Ordinance. She stated that their
building would need to be torn down, since it can not be easily moved due
to obstructions such as a utility pole and a wrought iron fence. Jurgens
indicated she and her husband will incur a financial loss if they are
forced to move the steel garage.
Johnson
stated perhaps permitting a steel garage is a future possibility; however
given the Ordinance language he recommends that the Council accept the
Planning Commission recommendation regarding this matter.
Roll Call: Johnson, Anderson,
Berkner, Cunningham, Dorry, Meyer and Randleman. Nay: None.
All in favor. 7-0. MCU.
EXTENSION OF TIME:
City Administrator Lang suggested
that the Council give the Jurgens an additional 30 days past the 180 day
original timeframe to comply with the Ordinance.
Motion by Berkner, second by
Randleman to grant a single 30 day extension
past the 180 day original timeframe to comply with the Ordinance.
Discussion and questions followed. The Council made it clear a single 30
day extension was contemplated, and that there would be no further
extensions.
All in favor. 4-0. MCU.
9.d.
Street Committee Recommendation: To Leave The Lakeside Park Street “As Is”
For The Trailhead Project.
Discussion and questions ensued. Artie Arndt stated the
Walleye Club would like the kitchen to face the north. Discussion focused
upon the kitchen/concession function. The issue of whether to orient the
kitchen to the north or to the south was discussed at length. It was noted
that decision does not need to be made before we go out for bids. Pat
Reisnour discussed the alternate additions and deletions to the bid
package.
Ortonville
City Council Regular Meeting Minutes, July 21, 2008
Page 7 of 7
9.d.
Street Committee Recommendation: To Leave The Lakeside Park Street “As Is”
For The Trailhead Project. (cont.)
He noted the basketball
court was always in the original plan as a means of including older
children in addition to the two to five year olds for whom the playground
is intended. John Cunningham would like to do the entire project at one
time, which would requiring figuring out a means to pay for it all now.
Resolution: To Accept the Plans as Drawn Except to Make the Ridge Line to
Line Up With the Picnic Shelter, and To Approve Going Out For Bids; With
Alternate Deducts as Well as an Alternate Deduct for Heavier Electric
Service for a Package Sanitary Sewer Unit if one is Needed; And to Go Out
for Bids for the Playground Prep Work and Basketball Court.
Motion
by Cunningham, second by Berkner to adopt
Resolution 08-058, A Resolution to
Accept the Plans as Drawn Except to Make the Ridge Line to
Line Up With the Picnic Shelter, and To Approve Going Out For Bids; With
Alternate Deducts as Well as an Alternate Deduct for Heavier Electric
Service for a Package Sanitary Sewer Unit if one is Needed; And to Go Out
for Bids for the Playground Prep Work and Basketball Court.
Roll Call: Johnson, Anderson,
Berkner, Cunningham, Dorry, Meyer and Randleman. Nay: None.
All in favor. 7-0. MCU.
9. f. Airport Board
Recommendation: To Amend the Contract of Todd Veheul to Compensate Him at
an Hourly Rate of $20.00/Hour For Tasks Not Included in His Current
Contract.
Motion by Randleman, second by
Cunningham to refer
this matter to the Budget Committee for consideration for inclusion in the
2009 budget.
Executive Session:
Motion by Dorry, second by
Berkner to go into
Executive Session at 8:10 P.M.
The Council concurred by consensus.
The Executive session ended at 8:22 P.M.
ADJOURNMENT:
Mayor Johnson called the Regular
Meeting back to order at 8:22P.M. He adjourned the meeting by consensus at
8:23 P.M.
APPROVED:
ATTEST:
__________________
______________________
Blair
Johnson
David A. Lang
Mayor
Clerk-Administrator
