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May 13, 2003     The Ortonville Independent
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May 13, 2003
 

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notices DN OF IDENTITY OF THE THE BY LAW IS NOT GIVEN: That in the conditions of .ugust 28, 2000, Melby, a single , to HMN Mortgage corporation, as in the office of the Stone County, as Document conveyed described of Big Half of the Section 24, ange 48 West to the plat Big Stone was assigned, by recorded in the Inty Recorder of Big ge Services, Principal Residential ;}al Residential lge Electronic principal amount mortgage was there has been condition of the debt mortgage and required note secured or statute; that eeding has been recover the debt said mortgage, or there is claimed to and is due this notice, the the power of sale the said by the sale premises with appurtenances, made by the County, Minnesota, office in the City of Jnty on June 19, public auction to the amount together including allowed by law, in provisions of said allowed by law for or or the or assigns of months from the date IS FROM A ATTEMPTING TO DEBT. ANY BE USED FOR c Registration Systems, Inc., ee of the Mortgage & age Electronic PROPANE MAKES YOU FEEL MORE AT HOME WITH YOUR HOME. • Comfortable * Water heaters • Reliable * Furnaces • Efficient • Fireplaces • Clean • Barbecue • Versatile • Gas walkway |amps 55402 3, 10, 2003) OF RIL 21,2003 7:00 PM CHAMBERS ID ROLL CALL: ed the regular City Council to was taken ng present: Mel Sellin, Mike th the following Staff Present: Roger Paulson, Beth Foster, Ken Mel Dianne Darrel Farr, eisdorph, Jim Christiansen. by Reinke and and did pass the following de Sale of Down Lease Administrator Purchases April 17, Person :7:05. AND OAHS audit rm of Larson r reported y healthy a summary of OAHS in the Introduced the and moved its AN sented the 4ealth Care oux Valley management agreement. Dinnel moved and Dorry seconded that the following resolution be adopted RESOLUTION 03-036 RESOLUTION APPROVING AMENDMENT TO NETWORK AGREEMENT Jim Schulz, Larson-Peterson & Associates, explained the liquidated damages for the Highway 7 Project. The completion date of the project has to be determined. Several dates can be used as the completion dates as follow: September 26, 2001 - Seeding; August 31, 2001 - Wear Course or September 24, 2001 - Striping. Cakes moved and Reinke seconded and the motion passed unanimously to contact the contractor and come back to the City with an offer for damages between August 1st and September 26th. Motion was withdrawn. Schulz will negotiate with contractor and prepare a change order and present it to the City Council. Mayor Dinnel welcomed Beth Fuller back to the community. Ron Athey, Fire Chief, discussed quotes that were received for bunker gear. Upon the recommendation of the Fire Department, Reinke moved and Sellin seconded and the following resolution be adopted: RESOLUTION 03-037 RESOLUTION ACCEPTING THE QUOTE FROM HEIMAN FIRE EQUIPMENT FOR BUNKER GEAR IN THE AMOUNT OF $28,803.30 Upon the recommendation of the Ortonville Fire Department, the rate for City and rural fire calls be increased to $500. Athey will contact all Township with fire agreements. Berkner moved and Reinke seconded and the motion passed unanimously to increase city and rural fire calls to $500. The DNR has grant money available between $8,000 and $10,000 for purchasing wild land fire fighting equipment. The fire department is jn need of replacing their pickup used for this type of fires. Reinke moved and bakes seconded and the motion passed unanimously to authorize the fire department to make application for grant money for fire fighting equipment. CONSENT AGENDA: Mayor Dinnet asked if there were any additions, corrections, or deletions to be made to the Consent Agenda. Motion was made by Cakes. and seconded by Dinnel, to approve the Consent Agenda which included the following items: 9.a: Motion approving proposed council minutes of April 7, 2003. 13,b: Motion approving Golf Board recommendation to do rip rapping, dredging and tiling of the inlet for the golf pump - Big Stone Lake. 13.c: Motion approving Golf Board recommendation to allow a 10% corporate discount for groups of 20 or more golfers on weekdays. The discount would not be effective on Wednesday and Thursday afternoons. 13.d: Motion approving Utility Committee recommendation to increase boring machine rate to $70.00 for Missoud River serviced towns. 13.e: Cakes moved and Dinnel seconded that the following resolution be adopted: . RESOLUTIONS3-038 ..... RESOLUTION APPROVING PURCHASE OF WIRE TRAILER FOR ELECTRIC DEPARTMENT 13.f: Cakes moved and Dinnel seconded that the following resolution be adopted: RESOLUTION 03-039 RESOLUTION APPROVING PURCHASE OF TWO WASTE WATER PUMPS 13.g: Cakes moved and Dinnel seconded that the following resolution be adopted: RESOLUTION 03-040 RESOLUTION APPROVING . PURCHASE OF A VALVE OPERATION TOOL 13.h: Motion approving the Hockey Association's operation of the concession stand and pop machines at Northside Park for the 2003 season. 15. Motion approving payment of bills as presented. UNFINISHED BUSINESS: Mayor Dinnel reminded the Council Members to be prepared for the City Clerk/Administrator's job review. Senior Living Agreement will be finalized at a meeting of the City Council and the EDA on April 22nd at 1:00 in the Council Chambers. The issues with the agreements are business decisions not legal matters. NEW BUSINESS: Cakes moved and Sellin seconded that the following resolution be adopted: • RESOLUTION 03-041 RESOLUTION TO PROMOTE BILL LUND TO THE POSITION OF GOLF COURSE SUPERINTENDENT Reinke moved and Berkner seconded that the following resolution be adopted: RESOLUTION 03-042 RESOLUTION TO PARTICIPATE IN A HAZARD MITIGATION PLANNING PROCESS A motion was made by Dinnel and seconded by Dorry and the motion did pass unanimously to appoint Roger Anderson to the Hazard Mitigation Planning Task Force. Berkner moved and Sellin seconded that the following resolution be adopted: RESOLUTION 03-043 RESOLUTION AWARDING QUOTE FOR ACCESS CHANNEL EQUIPMENT Dorry moved and Sellin seconded that the following resolution be adopted: RESOLUTION 03-044 RESOLUTION ACCEPTING BITUMINOUS PAVING, INC. BID FOR 2003 STREET SEAL COATING PROJECT City Building Committee recommendations were reviewed. The recommendations 1, 3, 4 & 5 have been withdrawn by the building committee to be reviewed further. The building committee is recommending Number 2 - Dialysis Project to be located in the south end of the present municipal clinic building (waiting room area). Generating future revenue for the rental of the present municipal clinic building is a concern of the City of Ortonville. Reinke moved and Dorry seconded that the following resolution be adopted: RESOLUTION 0:3..045 RESOLUTION LOCATING KIDNEY DIALYSIS UNIT IN PRESENT MUNICIPAL CLINIC BUILDING Mayor Dinnel reported due to state cut backs the City of Ortonville will be monitoring purchases of capital equipment. A motion was made by Dinnel and seconded by Dorry and the motion did pass unanimously to require prior approval of all capital equipment purchases effective immediately until motion is rescinded. Department heads will be notified by the City Clerk. Arndt moved and Cakes seconded that the following resolution be adopted: RESOLUTION 03-046 RESOLUTION APPROVING PURCHASE OF A FAN/EXHAUST SYSTEM FOR GOLF CLUBHOUSE A motion was made by Dorry and seconded by Dinnel and the motion did pass unanimously to appoint Dan Cakes as the contact person for the Jobz Initiative. City Attorney reported to the Council about the Steve Benson hearing on April 16, 2003. ADJOURNMENT: Dinnel adjourned the meeting until 1:00 P.M. on April 22, 2003 in the council chambers. RECONVENED MEETING TUESDAY. APRIL 22, 2003 1:00 PM COUNCIL CHAMBERS CALL TO ORDER AND ROLL CALL: Mayor Dinnel called the reconvened April 21, 2003 regular meeting of the Ortonville City Council back into session at 1:00 P.M. Roll call was taken with the following being present: Mel Reinke, Lenore Sellin, Mike Dorry, Dan Cakes, Lisa Berkner with the following absent: Artie Arndt. City Staff Present: Char Grossman, David McLaughlin. Media present: Beth Fuller. Others Present: Greg Peterson, Dianne Radermacher, Ben Schmidt, Darrel Farr, Brant Christiansen. The Property Management Agreement, Design-Build Agreement and the Project Development Agreement were reviewed and adjustments were made. ADJOURNMENT: Dinnel adjourned the meeting until 5:30 P,M. on April 29, 2003 in the council chambers for the approval of the sale of the bonds. RECONVENED MEETING TUESDAY. APRIL 29, 2003 5:30 PM COUNCIL CHAMBERS CALL TO ORDER AND ROLL CALL: Mayor Dinnel called the reconvened April 21, 2003 regular meeting of the Ortonville City Council back into session at 5:45 P.M. Roll call was taken with the following being present: Mel Reinke, Lahore Setlin, Dan Cakes with the following absent: Mike Dorry, Artie Arndt, Lisa Berkner. City Staff Present: Char Grossman. Media present: Beth Fuller, John Paulson. Others Present: Greg Peterson, Dianne Radermacher, Darrel Farr, Brent Christiansen, Vicki Cakes, Joan Hasslen, John Jurgens, Marilyn Lindahl, Carolyn Drude, Ken Archer Carolyn Drude reviewed the sale of the bonds for the senior housing project. Bids were received from three bidders. Carolyn recommended the awarding sale of the bonds to U.S. Bancorp Piper Jaffray. Member Reinke introduced the following resolution and moved its adoption: RESOLUTION 03-047 RESOLUTION APPROVING THE SALE BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ORTONVILLE, MINNESOTA'S, $3,000,0(0QUSING DEVELORMENT BOND/,'sERiES. 2003A (CITY OF ORTONVILLE, MINNESOTA, GENERAL OBLIGATION) AND ALLOCATING SMALL ISSUER REBATE EXCEPTION AUTHORITY ADJOURNMENT: There being no further business to come before the Council, Sellin moved the adjournment of the meeting; and with no objections thereto, Dinnel adjourned the April 21, 2003 regular meeting of the Ortonville City Council at 6:30. Charleen K. Grossman, City Clerk-Administrator PROCEEDINGS OF THE BIG STONE COUNTY BOARD April 15, 2003 The Big Stone County Board of Commissioners met In the Commissioner's Room at 8:30 AM on Tuesday, April 15, 2003. Chairman Maas called the meeting to order with Commissioners Athey, Lane, Swigerd and Torgerson present. Also present were Ken and Karl Henneberg, Beth Fuller from the Ortonville Independent, HR Director Darlene Nichols- Born, County Attorney Bill Watson and County Auditor Michelie Knutson. The Pledge of Allegiance followed. Motion by Swigerd, seconded by Athey and carded to approve the minutes of the April 1 = regular meeting. Motion by Torgerson, seconded by Athey and carried to approve the agenda with noted additions. Committee reports were presented. Motion by Lane, seconded by Swigerd and carded to adopt the Big Stone County HIPAA Policies and Procedures as presented by Attorney Watson. Attorney Watson updated the Board on his recent conversation with Larry Cartwflght. Motion by Swigerd, seconded by Lane and carried to execute the lease agreement with Elaine Cartwright for RSVP until May of 2005 and the termination of HRA's lease effective May 1, 2003. Upon request of Attorney Watson, motion by Swigerd, seconded by Torgerson and carried to authorize the purchase of a second user fee for the MCAPS program. Watson left the meeting. Motion by Athey, seconded by Lane and carried to authorize payment, of the following claims on April 18, 2003: COUNTY REVENUE American Communications 261.50; Bureau of Criminal Apprehension 270.00; Cellular 2000 180.04; Cenex 250.56; Computer Professionals 6,864.00; Frank Madden 1,069.91; Grant County 1,405.00; H & A Administrators 236.00; Hinckley Chevrolet 14,062.00; Holiday Inn 169.10; Lac qui Pade County Sheriff 2;585.00; Mid American Specialties 101.42; Milbank Communications 7,668.00; Milbank Ford- Mercury 6,850.07; MN Deft of Admin 300.00; MN Elevators 148.35; Nelson Electric 5,374.10; Northern Star 917.02; Ortonville Independent 2,760.65; Pro Action 137.30; Quill 111.20; Rinke-Noonan 275.00; Robert Ross MD 150.00; State Auditor 4,003.11; Act1 Super Sitters 403.90; Tri-State Water 148.02; U of MN 5,295.65; US Link 1,294.19; Vertical Solutions 540.86; Waste Management 150.16; William Watson 420.11. ENVIRONMENTAL SERVICES Computer Professionals 136.62; Waste Management 7,927.26. HIGHWAY Ameripride Linen 120.45; Berger's Welding 231.86; Big Stone Co-op 1,352.05; Boyer Truck Parts 122.49; Brock White 6,205.90; CADD Engineering Supply 1,217.58; Cellular 2000 261.02; Computer Professionals 393.92; Cook's Office Products 307.01; Country Partners Co-op 1,077.73; Dakota Riggers & Tool 105.28; Elan Financial Services 217.46; Ken Hoeschen 1,699.39; Homestead Hardware & Supply 223.16; Lyie Signs 4,990.54; OAHS 600.00; Ortonville Independent 735.40; Otter Tail 199.02; Prosweep 1,150.00; Reed Business Information 273.00; State Auditor 1,404.49; Stattelman Lumber 280.59; Sturdevants 243.45; US Link 227.77; WCEC 198.28. Number of claims not exceeding $100 - 63. Dollar amount of claims not exceeding $100 - $2,804.68. Motion by Swigerd, seconded by Torgerson and carried to authorize the following transfers to Highway: Revenue $2,734.23 County Ditch #4 $ 52.43 Combined Ditch#10/11 $ 226.18 County Ditch #15 $ 93.05 Joint Ditch #4 $ 76.97 Motion by Torgerson, seconded by Swigerd and carried to execute the grant agreements with the State of Minnesota for the 2002 State WMD Training Grant and the WMD Equipment Grant in the amounts of $12,448.00 and $6,076.00, respectively. Motion by Lane, seconded by Athey and carried to approve the On Sale Malt Liquor License for Greceville Golf Club. Motion by Torgerson, seconded by Swigerd and carried to adopt the following resolution: 2003.18 WHEREAS, Article 5, Sec. 1, Subd. 9 of H.F. 751 as introduced in the 2003 session of the Minnesota Legislature calls for creation of law which would implement a reverse referendum procedure on tax levy increases; and WHEREAS, this reverse referendum requirement could lead to the eventual dismantling of local government services to citizens and to diminishing the quality of life of Minnesotans; and WHEREAS, said leg'slation flies in the face of the principles of representative democracy, dating back to the days of Thomas Jefferson er, d James Madison; and WHEREAS, the citizens of Minnesota already have an enhanced role through electing local officials to become knowledgeable and to make informed decisions on behalf of their constituents, and through extensive citizen involvement on a daily basis; and WHEREAS, such a proposal breaks with long-standing historical legislative policy allowing for local control and local accountability, two of the most appropriate constraints on property taxes; and WHEREAS, the duly elected commissioners of the respective 87 Minnesota counties annually construct and prudently adopt an annual budget which results in property tax levies suited to the needs of the county; and WHEREAS, ample opportunities to influence the annual property tax levy are granted to citizens through public meetings of budget committees or the full board of commissioners as well as the annual Truth in Taxation process; and WHEREAS, such a referendum would create an expensive unfunded mandate of a special election which tend to have mediocre voter turnouts and, as a result, the outcome of the vote can be a poor representation of the will of the majority; and WHEREAS, county :ommissioners stand before their constituents with a willingness to accept full responsibility for property tax increases that are justified, fiscally prudent, and serve the best long-term interests of the community even ir sh’,rt-term "political" considerations mig't sic, ate otherwise; and WHEREAS, other than r.i':ing fees, county governments in Minnu.,nta have only the property tax levy available to meet the inflationary and population-driven demands of the mandated and essential services delivered to citizens; and WHEREAS, implementation of a local reverse referendum on property tax decisions could seriously jeopardize and cloud bond ratings and the ability to adequately fund debt service on existing debt; and WHEREAS, the necessary increases in the tax levy do not in and of themselves raise property taxes, which are affected by numerous other factors including class rate reductions, limited market value, programmatic aids, and property tax relief determined by the state legislature. NOW, THEREFORE, BE IT RESOLVED that the Big Stone County Board of Commissioners hereby opposes passage of legislation which would impose a reverse referendum on tax levy increases. BE IT FURTHER RESOLVED that copies of this resolution be forwarded to Governor Tim Pawienty; Senate Majority Leader John Hottinger; Speaker of the House Representative Steve Sviggum; Senator Larry Pogemiller, Chair of the Senate Committee on Taxes; Representative Ron Abrams, Chair of the House Taxes Committee; local state legislators; and the Association of Minnesota Counties (AMC). Motion by Torgerson, seconded by Swigerd and carded to re-appoint Kathy Morrill to the Local Social Services Agency for another two-year term. Discussion was held on possible names for the County's apooin*ment to the Bois de Sioux Wateff ed District Board. Appointment will ;'.e made st the next regular board meeting. Motion by Swigerd, seconded by Athey and carded to authorize the Auditor to pay $932.01 to the Deputy Registrar for the new Sheriff's car. Discussion was held on the survey sent out from the State office regarding the Extension budgets in the Counties. Following a short break, motion by Swigerd, seconded by Athey and carried to execute the 2003 Natural Resources Block Grant in the amount of $14,585 as presented by Environmental Offmer Darien Wilke. Attorney Watson was present for a discussion on the. interim ordinance passed by Prior Township in effect until the end of the year. Extension Educator John Cunnlngham was present for a brief discussion on the budget concems with his office. County Engineer Nick Anderson updated the Board on construction projects. Motion by Lane, seconded by Torgerson and carded to authorize the Board Chair to execute the agreement with BNSF Railroad when it is received and approved by the County Attorney.' An update on the First Street project claims was given by Anderson. Motion by Torgerson, seconded by Swigerd and carried to adopt the following resolution: 2003-19 BE IT RESOLVED, that the Big Stone County Board ofCommissioners hereby requests the Commissioner of Transportation to conduct engineering and traffic investigations to determine and establish the safe speed limit on the following described sections of County State Aid Highways and County Roads. ROAD NUMBER SECTION LOCATION CSAH 18 From CSAH 22 near Gracevilie to CR 52 CSAH 18 From CR 52 to CSAH 20 Engineer Anderson updated the Board on the Historical Society project. Motion by Swigerd, seconded by Lane and carded to authorize Engineer Anderson to purchase a furnace/air conditioner from Arndt's Plumbing & Heating for the Highway Department. Motion by Torgerson, seconded by Swigerd and carried to authorize advertising for the sale of the existing unit. At 11:00 AM, with various county employees and bidders present, Engineer Anderson opened bids on the following projects: BIDDER CP 06-0301: Wm. D. Scepaniak Mark Sand & Gravel B. McNamara Sibson Gravel Rupp Construction SAP 06-606.16 etal: Pearson Bros. Inc. Astech Corp Bituminous Paving, Inc. MoorSeal Inc. Morris Sealcoat AMOUNT $83,430.00 $91,200.00 $84,420.00 $79,440.00 $85,170.00 $248,271.60 $271,626.25 $225,058.65 $236,208.50 $232,911.15 Motion by Swigerd, seconded by Torgerson and carried to authorize the purchase of a 6'x12' trailer for the Highway Department. Discussion was held on various ditches. Hennebergs left the meeting. A demonstration was given on the upcoming availability of County aerial photos on the County's web site. Anderson reported that the new inventory data base program is up and will be expanded. Anderson reported that all payments for the Rothwell project, except Jim Zych, have been received. Motion by Lane, seconded by Swigerd and carded to accept the only bid on the 1983 Dodge pickup from Moan's Mowing in the amount of $300. Technician Mark Dietz returned with the bids. Motion by Athey, seconded by Lane and carried to award the bid for CP 06- 0301 to Sibson Gravel. Motion by Athey, seconded by Torgerson and carried to award the bid for SAP 06-0601-16 etal to Bituminous Paving, Inc. Chairman Maas declared the meeting adjourned at 11:55 AM. Michelie R. Knutson, Auditor Alvin Maas, Chairman RECESSED SPECIAL MEETING April 17, 2003 The Big Stone County Board of Commissioners met in the Commissioner's Room at 1:30 PM on Thursday, April 17, 2003. Chairman Maas called the recessed meeting from March 27, 2003, to order with Commissioners Athey, Lane, Swigerd and Torgerson present. Also present were HR Director Darlene Nichols-Born, County Attorney Bill Watson and County Auditor Michelle Knutson. Motion by Swigerd, seconded by Lane and carried to continue the closed session for preliminary consideration of allegations against an individual pursuant to M.S. 13D.05 Subd.2(b). Motion by Athey, seconded by Swigerd and carried to reopen the Board meeting. Motion by Torgerson and seconded by Athey tO suspend Veterans Service Officer/Emergency Management Director Doug Tomschin without pay for unacceptable use of electronic communications. Unacceptable use includes, but is not limited to, the following: 1. Any purpose that impairs the quality or productivity of his work; and 2. Any accessing, uploading, downloading, transmitting, receiving or distributing pornographic, obscene, abusive or sexually explicit, harassing or discriminatory materials or language. The suspension will be effective immediately and will continue until 8:00 AM on May 19, 2003; with the understanding that no further violations of the above provisions will occur. Following discussion, motion carried with Lane and Maas voting Nay. Following further discussion and upon direction of the Board, the Board Chair, County Attorney and HR Director left the meeting to deliver the decision to Mr. Tomschin. Upon their return to the meeting, a cell was placed to Traverse County VSO Gary Tracy to request his assistance during the suspension. Chairman Maas declared the meeting adjourned at 3:20 PM. Michelle R. Knutson, Auditor Alvin Mass, Chairman i Extension report John Cunningham County Extension Educator 839-2518 or 1-800-279-2518 DATES TO REMEMBER: May 15 - Afterschool CIoverbuds at Ortonville Elementary School (3:15 p.m.) May 15 - Babysitting Clinic, Ortonville (3:15-4:45 p.m.) May 15 - 4-H Animal I.D. forms due at Extension Office May 18 - Horse Project Practice at Fairgrounds (4:00 p.m.) May 19 - Babysitting Clinic, Ortonville (3:15-4:45 p.m.) May 19 - 4-1t Foo d Revue ,t CMB I (6:00 p.m.), followed' by Demonstrations (7:00 p.m.); ahd 4-1t Federation at meeting (7:30 p.m.); and Projects Unlimited Committee (8:30 p.m.) May 21 - All District Extension Staff meeting at Morris (9:30 a.m.) May 22 - Babysitting Clinic." Ortonville (3:30-4:45 p.m.) May 25 - National 4-H Sunday May 25 - Horse Project Practice. Fairgrounds (4:00 p.m.) May 26 - County Offices closed in observance of Memorial Day May 29 - Babysitting Clinic, Ortonville (3:30- 4:45 p.m.) . Your Minnesota Propane Dealers 877-=5=-osTs www.MNPropane.com PRC)Rn00E EXCEPTIONAL ENERGY" I IIII II I I MINNESOTA Property Owners PAYABLE ON OR BEFORE MAY 15, 2003 (to avoid a late payment penalty) (1) First Half Real Estate Taxes On All Classes of Property (2) Taxes of $50.00 or less Pay in Full (3) Personal Property Taxes Pay in Full CINDY NELSON, TREASURER Big Stone County Ortonville, Minnesota 13, 2003  INDEPENDENT Page 7b notices DN OF IDENTITY OF THE THE BY LAW IS NOT GIVEN: That in the conditions of .ugust 28, 2000, Melby, a single , to HMN Mortgage corporation, as in the office of the Stone County, as Document conveyed described of Big Half of the Section 24, ange 48 West to the plat Big Stone was assigned, by recorded in the Inty Recorder of Big ge Services, Principal Residential ;}al Residential lge Electronic principal amount mortgage was there has been condition of the debt mortgage and required note secured or statute; that eeding has been recover the debt said mortgage, or there is claimed to and is due this notice, the the power of sale the said by the sale premises with appurtenances, made by the County, Minnesota, office in the City of Jnty on June 19, public auction to the amount together including allowed by law, in provisions of said allowed by law for or or the or assigns of months from the date IS FROM A ATTEMPTING TO DEBT. ANY BE USED FOR c Registration Systems, Inc., ee of the Mortgage & age Electronic PROPANE MAKES YOU FEEL MORE AT HOME WITH YOUR HOME. • Comfortable * Water heaters • Reliable * Furnaces • Efficient • Fireplaces • Clean • Barbecue • Versatile • Gas walkway |amps 55402 3, 10, 2003) OF RIL 21,2003 7:00 PM CHAMBERS ID ROLL CALL: ed the regular City Council to was taken ng present: Mel Sellin, Mike th the following Staff Present: Roger Paulson, Beth Foster, Ken Mel Dianne Darrel Farr, eisdorph, Jim Christiansen. by Reinke and and did pass the following de Sale of Down Lease Administrator Purchases April 17, Person :7:05. AND OAHS audit rm of Larson r reported y healthy a summary of OAHS in the Introduced the and moved its AN sented the 4ealth Care oux Valley management agreement. Dinnel moved and Dorry seconded that the following resolution be adopted RESOLUTION 03-036 RESOLUTION APPROVING AMENDMENT TO NETWORK AGREEMENT Jim Schulz, Larson-Peterson & Associates, explained the liquidated damages for the Highway 7 Project. The completion date of the project has to be determined. Several dates can be used as the completion dates as follow: September 26, 2001 - Seeding; August 31, 2001 - Wear Course or September 24, 2001 - Striping. Cakes moved and Reinke seconded and the motion passed unanimously to contact the contractor and come back to the City with an offer for damages between August 1st and September 26th. Motion was withdrawn. Schulz will negotiate with contractor and prepare a change order and present it to the City Council. Mayor Dinnel welcomed Beth Fuller back to the community. Ron Athey, Fire Chief, discussed quotes that were received for bunker gear. Upon the recommendation of the Fire Department, Reinke moved and Sellin seconded and the following resolution be adopted: RESOLUTION 03-037 RESOLUTION ACCEPTING THE QUOTE FROM HEIMAN FIRE EQUIPMENT FOR BUNKER GEAR IN THE AMOUNT OF $28,803.30 Upon the recommendation of the Ortonville Fire Department, the rate for City and rural fire calls be increased to $500. Athey will contact all Township with fire agreements. Berkner moved and Reinke seconded and the motion passed unanimously to increase city and rural fire calls to $500. The DNR has grant money available between $8,000 and $10,000 for purchasing wild land fire fighting equipment. The fire department is jn need of replacing their pickup used for this type of fires. Reinke moved and bakes seconded and the motion passed unanimously to authorize the fire department to make application for grant money for fire fighting equipment. CONSENT AGENDA: Mayor Dinnet asked if there were any additions, corrections, or deletions to be made to the Consent Agenda. Motion was made by Cakes. and seconded by Dinnel, to approve the Consent Agenda which included the following items: 9.a: Motion approving proposed council minutes of April 7, 2003. 13,b: Motion approving Golf Board recommendation to do rip rapping, dredging and tiling of the inlet for the golf pump - Big Stone Lake. 13.c: Motion approving Golf Board recommendation to allow a 10% corporate discount for groups of 20 or more golfers on weekdays. The discount would not be effective on Wednesday and Thursday afternoons. 13.d: Motion approving Utility Committee recommendation to increase boring machine rate to $70.00 for Missoud River serviced towns. 13.e: Cakes moved and Dinnel seconded that the following resolution be adopted: . RESOLUTIONS3-038 ..... RESOLUTION APPROVING PURCHASE OF WIRE TRAILER FOR ELECTRIC DEPARTMENT 13.f: Cakes moved and Dinnel seconded that the following resolution be adopted: RESOLUTION 03-039 RESOLUTION APPROVING PURCHASE OF TWO WASTE WATER PUMPS 13.g: Cakes moved and Dinnel seconded that the following resolution be adopted: RESOLUTION 03-040 RESOLUTION APPROVING . PURCHASE OF A VALVE OPERATION TOOL 13.h: Motion approving the Hockey Association's operation of the concession stand and pop machines at Northside Park for the 2003 season. 15. Motion approving payment of bills as presented. UNFINISHED BUSINESS: Mayor Dinnel reminded the Council Members to be prepared for the City Clerk/Administrator's job review. Senior Living Agreement will be finalized at a meeting of the City Council and the EDA on April 22nd at 1:00 in the Council Chambers. The issues with the agreements are business decisions not legal matters. NEW BUSINESS: Cakes moved and Sellin seconded that the following resolution be adopted: • RESOLUTION 03-041 RESOLUTION TO PROMOTE BILL LUND TO THE POSITION OF GOLF COURSE SUPERINTENDENT Reinke moved and Berkner seconded that the following resolution be adopted: RESOLUTION 03-042 RESOLUTION TO PARTICIPATE IN A HAZARD MITIGATION PLANNING PROCESS A motion was made by Dinnel and seconded by Dorry and the motion did pass unanimously to appoint Roger Anderson to the Hazard Mitigation Planning Task Force. Berkner moved and Sellin seconded that the following resolution be adopted: RESOLUTION 03-043 RESOLUTION AWARDING QUOTE FOR ACCESS CHANNEL EQUIPMENT Dorry moved and Sellin seconded that the following resolution be adopted: RESOLUTION 03-044 RESOLUTION ACCEPTING BITUMINOUS PAVING, INC. BID FOR 2003 STREET SEAL COATING PROJECT City Building Committee recommendations were reviewed. The recommendations 1, 3, 4 & 5 have been withdrawn by the building committee to be reviewed further. The building committee is recommending Number 2 - Dialysis Project to be located in the south end of the present municipal clinic building (waiting room area). Generating future revenue for the rental of the present municipal clinic building is a concern of the City of Ortonville. Reinke moved and Dorry seconded that the following resolution be adopted: RESOLUTION 0:3..045 RESOLUTION LOCATING KIDNEY DIALYSIS UNIT IN PRESENT MUNICIPAL CLINIC BUILDING Mayor Dinnel reported due to state cut backs the City of Ortonville will be monitoring purchases of capital equipment. A motion was made by Dinnel and seconded by Dorry and the motion did pass unanimously to require prior approval of all capital equipment purchases effective immediately until motion is rescinded. Department heads will be notified by the City Clerk. Arndt moved and Cakes seconded that the following resolution be adopted: RESOLUTION 03-046 RESOLUTION APPROVING PURCHASE OF A FAN/EXHAUST SYSTEM FOR GOLF CLUBHOUSE A motion was made by Dorry and seconded by Dinnel and the motion did pass unanimously to appoint Dan Cakes as the contact person for the Jobz Initiative. City Attorney reported to the Council about the Steve Benson hearing on April 16, 2003. ADJOURNMENT: Dinnel adjourned the meeting until 1:00 P.M. on April 22, 2003 in the council chambers. RECONVENED MEETING TUESDAY. APRIL 22, 2003 1:00 PM COUNCIL CHAMBERS CALL TO ORDER AND ROLL CALL: Mayor Dinnel called the reconvened April 21, 2003 regular meeting of the Ortonville City Council back into session at 1:00 P.M. Roll call was taken with the following being present: Mel Reinke, Lenore Sellin, Mike Dorry, Dan Cakes, Lisa Berkner with the following absent: Artie Arndt. City Staff Present: Char Grossman, David McLaughlin. Media present: Beth Fuller. Others Present: Greg Peterson, Dianne Radermacher, Ben Schmidt, Darrel Farr, Brant Christiansen. The Property Management Agreement, Design-Build Agreement and the Project Development Agreement were reviewed and adjustments were made. ADJOURNMENT: Dinnel adjourned the meeting until 5:30 P,M. on April 29, 2003 in the council chambers for the approval of the sale of the bonds. RECONVENED MEETING TUESDAY. APRIL 29, 2003 5:30 PM COUNCIL CHAMBERS CALL TO ORDER AND ROLL CALL: Mayor Dinnel called the reconvened April 21, 2003 regular meeting of the Ortonville City Council back into session at 5:45 P.M. Roll call was taken with the following being present: Mel Reinke, Lahore Setlin, Dan Cakes with the following absent: Mike Dorry, Artie Arndt, Lisa Berkner. City Staff Present: Char Grossman. Media present: Beth Fuller, John Paulson. Others Present: Greg Peterson, Dianne Radermacher, Darrel Farr, Brent Christiansen, Vicki Cakes, Joan Hasslen, John Jurgens, Marilyn Lindahl, Carolyn Drude, Ken Archer Carolyn Drude reviewed the sale of the bonds for the senior housing project. Bids were received from three bidders. Carolyn recommended the awarding sale of the bonds to U.S. Bancorp Piper Jaffray. Member Reinke introduced the following resolution and moved its adoption: RESOLUTION 03-047 RESOLUTION APPROVING THE SALE BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ORTONVILLE, MINNESOTA'S, $3,000,0(0QUSING DEVELORMENT BOND/,'sERiES. 2003A (CITY OF ORTONVILLE, MINNESOTA, GENERAL OBLIGATION) AND ALLOCATING SMALL ISSUER REBATE EXCEPTION AUTHORITY ADJOURNMENT: There being no further business to come before the Council, Sellin moved the adjournment of the meeting; and with no objections thereto, Dinnel adjourned the April 21, 2003 regular meeting of the Ortonville City Council at 6:30. Charleen K. Grossman, City Clerk-Administrator PROCEEDINGS OF THE BIG STONE COUNTY BOARD April 15, 2003 The Big Stone County Board of Commissioners met In the Commissioner's Room at 8:30 AM on Tuesday, April 15, 2003. Chairman Maas called the meeting to order with Commissioners Athey, Lane, Swigerd and Torgerson present. Also present were Ken and Karl Henneberg, Beth Fuller from the Ortonville Independent, HR Director Darlene Nichols- Born, County Attorney Bill Watson and County Auditor Michelie Knutson. The Pledge of Allegiance followed. Motion by Swigerd, seconded by Athey and carded to approve the minutes of the April 1 = regular meeting. Motion by Torgerson, seconded by Athey and carried to approve the agenda with noted additions. Committee reports were presented. Motion by Lane, seconded by Swigerd and carded to adopt the Big Stone County HIPAA Policies and Procedures as presented by Attorney Watson. Attorney Watson updated the Board on his recent conversation with Larry Cartwflght. Motion by Swigerd, seconded by Lane and carried to execute the lease agreement with Elaine Cartwright for RSVP until May of 2005 and the termination of HRA's lease effective May 1, 2003. Upon request of Attorney Watson, motion by Swigerd, seconded by Torgerson and carried to authorize the purchase of a second user fee for the MCAPS program. Watson left the meeting. Motion by Athey, seconded by Lane and carried to authorize payment, of the following claims on April 18, 2003: COUNTY REVENUE American Communications 261.50; Bureau of Criminal Apprehension 270.00; Cellular 2000 180.04; Cenex 250.56; Computer Professionals 6,864.00; Frank Madden 1,069.91; Grant County 1,405.00; H & A Administrators 236.00; Hinckley Chevrolet 14,062.00; Holiday Inn 169.10; Lac qui Pade County Sheriff 2;585.00; Mid American Specialties 101.42; Milbank Communications 7,668.00; Milbank Ford- Mercury 6,850.07; MN Deft of Admin 300.00; MN Elevators 148.35; Nelson Electric 5,374.10; Northern Star 917.02; Ortonville Independent 2,760.65; Pro Action 137.30; Quill 111.20; Rinke-Noonan 275.00; Robert Ross MD 150.00; State Auditor 4,003.11; Act1 Super Sitters 403.90; Tri-State Water 148.02; U of MN 5,295.65; US Link 1,294.19; Vertical Solutions 540.86; Waste Management 150.16; William Watson 420.11. ENVIRONMENTAL SERVICES Computer Professionals 136.62; Waste Management 7,927.26. HIGHWAY Ameripride Linen 120.45; Berger's Welding 231.86; Big Stone Co-op 1,352.05; Boyer Truck Parts 122.49; Brock White 6,205.90; CADD Engineering Supply 1,217.58; Cellular 2000 261.02; Computer Professionals 393.92; Cook's Office Products 307.01; Country Partners Co-op 1,077.73; Dakota Riggers & Tool 105.28; Elan Financial Services 217.46; Ken Hoeschen 1,699.39; Homestead Hardware & Supply 223.16; Lyie Signs 4,990.54; OAHS 600.00; Ortonville Independent 735.40; Otter Tail 199.02; Prosweep 1,150.00; Reed Business Information 273.00; State Auditor 1,404.49; Stattelman Lumber 280.59; Sturdevants 243.45; US Link 227.77; WCEC 198.28. Number of claims not exceeding $100 - 63. Dollar amount of claims not exceeding $100 - $2,804.68. Motion by Swigerd, seconded by Torgerson and carried to authorize the following transfers to Highway: Revenue $2,734.23 County Ditch #4 $ 52.43 Combined Ditch#10/11 $ 226.18 County Ditch #15 $ 93.05 Joint Ditch #4 $ 76.97 Motion by Torgerson, seconded by Swigerd and carried to execute the grant agreements with the State of Minnesota for the 2002 State WMD Training Grant and the WMD Equipment Grant in the amounts of $12,448.00 and $6,076.00, respectively. Motion by Lane, seconded by Athey and carried to approve the On Sale Malt Liquor License for Greceville Golf Club. Motion by Torgerson, seconded by Swigerd and carried to adopt the following resolution: 2003.18 WHEREAS, Article 5, Sec. 1, Subd. 9 of H.F. 751 as introduced in the 2003 session of the Minnesota Legislature calls for creation of law which would implement a reverse referendum procedure on tax levy increases; and WHEREAS, this reverse referendum requirement could lead to the eventual dismantling of local government services to citizens and to diminishing the quality of life of Minnesotans; and WHEREAS, said leg'slation flies in the face of the principles of representative democracy, dating back to the days of Thomas Jefferson er, d James Madison; and WHEREAS, the citizens of Minnesota already have an enhanced role through electing local officials to become knowledgeable and to make informed decisions on behalf of their constituents, and through extensive citizen involvement on a daily basis; and WHEREAS, such a proposal breaks with long-standing historical legislative policy allowing for local control and local accountability, two of the most appropriate constraints on property taxes; and WHEREAS, the duly elected commissioners of the respective 87 Minnesota counties annually construct and prudently adopt an annual budget which results in property tax levies suited to the needs of the county; and WHEREAS, ample opportunities to influence the annual property tax levy are granted to citizens through public meetings of budget committees or the full board of commissioners as well as the annual Truth in Taxation process; and WHEREAS, such a referendum would create an expensive unfunded mandate of a special election which tend to have mediocre voter turnouts and, as a result, the outcome of the vote can be a poor representation of the will of the majority; and WHEREAS, county :ommissioners stand before their constituents with a willingness to accept full responsibility for property tax increases that are justified, fiscally prudent, and serve the best long-term interests of the community even ir sh’,rt-term "political" considerations mig't sic, ate otherwise; and WHEREAS, other than r.i':ing fees, county governments in Minnu.,nta have only the property tax levy available to meet the inflationary and population-driven demands of the mandated and essential services delivered to citizens; and WHEREAS, implementation of a local reverse referendum on property tax decisions could seriously jeopardize and cloud bond ratings and the ability to adequately fund debt service on existing debt; and WHEREAS, the necessary increases in the tax levy do not in and of themselves raise property taxes, which are affected by numerous other factors including class rate reductions, limited market value, programmatic aids, and property tax relief determined by the state legislature. NOW, THEREFORE, BE IT RESOLVED that the Big Stone County Board of Commissioners hereby opposes passage of legislation which would impose a reverse referendum on tax levy increases. BE IT FURTHER RESOLVED that copies of this resolution be forwarded to Governor Tim Pawienty; Senate Majority Leader John Hottinger; Speaker of the House Representative Steve Sviggum; Senator Larry Pogemiller, Chair of the Senate Committee on Taxes; Representative Ron Abrams, Chair of the House Taxes Committee; local state legislators; and the Association of Minnesota Counties (AMC). Motion by Torgerson, seconded by Swigerd and carded to re-appoint Kathy Morrill to the Local Social Services Agency for another two-year term. Discussion was held on possible names for the County's apooin*ment to the Bois de Sioux Wateff ed District Board. Appointment will ;'.e made st the next regular board meeting. Motion by Swigerd, seconded by Athey and carded to authorize the Auditor to pay $932.01 to the Deputy Registrar for the new Sheriff's car. Discussion was held on the survey sent out from the State office regarding the Extension budgets in the Counties. Following a short break, motion by Swigerd, seconded by Athey and carried to execute the 2003 Natural Resources Block Grant in the amount of $14,585 as presented by Environmental Offmer Darien Wilke. Attorney Watson was present for a discussion on the. interim ordinance passed by Prior Township in effect until the end of the year. Extension Educator John Cunnlngham was present for a brief discussion on the budget concems with his office. County Engineer Nick Anderson updated the Board on construction projects. Motion by Lane, seconded by Torgerson and carded to authorize the Board Chair to execute the agreement with BNSF Railroad when it is received and approved by the County Attorney.' An update on the First Street project claims was given by Anderson. Motion by Torgerson, seconded by Swigerd and carried to adopt the following resolution: 2003-19 BE IT RESOLVED, that the Big Stone County Board ofCommissioners hereby requests the Commissioner of Transportation to conduct engineering and traffic investigations to determine and establish the safe speed limit on the following described sections of County State Aid Highways and County Roads. ROAD NUMBER SECTION LOCATION CSAH 18 From CSAH 22 near Gracevilie to CR 52 CSAH 18 From CR 52 to CSAH 20 Engineer Anderson updated the Board on the Historical Society project. Motion by Swigerd, seconded by Lane and carded to authorize Engineer Anderson to purchase a furnace/air conditioner from Arndt's Plumbing & Heating for the Highway Department. Motion by Torgerson, seconded by Swigerd and carried to authorize advertising for the sale of the existing unit. At 11:00 AM, with various county employees and bidders present, Engineer Anderson opened bids on the following projects: BIDDER CP 06-0301: Wm. D. Scepaniak Mark Sand & Gravel B. McNamara Sibson Gravel Rupp Construction SAP 06-606.16 etal: Pearson Bros. Inc. Astech Corp Bituminous Paving, Inc. MoorSeal Inc. Morris Sealcoat AMOUNT $83,430.00 $91,200.00 $84,420.00 $79,440.00 $85,170.00 $248,271.60 $271,626.25 $225,058.65 $236,208.50 $232,911.15 Motion by Swigerd, seconded by Torgerson and carried to authorize the purchase of a 6'x12' trailer for the Highway Department. Discussion was held on various ditches. Hennebergs left the meeting. A demonstration was given on the upcoming availability of County aerial photos on the County's web site. Anderson reported that the new inventory data base program is up and will be expanded. Anderson reported that all payments for the Rothwell project, except Jim Zych, have been received. Motion by Lane, seconded by Swigerd and carded to accept the only bid on the 1983 Dodge pickup from Moan's Mowing in the amount of $300. Technician Mark Dietz returned with the bids. Motion by Athey, seconded by Lane and carried to award the bid for CP 06- 0301 to Sibson Gravel. Motion by Athey, seconded by Torgerson and carried to award the bid for SAP 06-0601-16 etal to Bituminous Paving, Inc. Chairman Maas declared the meeting adjourned at 11:55 AM. Michelie R. Knutson, Auditor Alvin Maas, Chairman RECESSED SPECIAL MEETING April 17, 2003 The Big Stone County Board of Commissioners met in the Commissioner's Room at 1:30 PM on Thursday, April 17, 2003. Chairman Maas called the recessed meeting from March 27, 2003, to order with Commissioners Athey, Lane, Swigerd and Torgerson present. Also present were HR Director Darlene Nichols-Born, County Attorney Bill Watson and County Auditor Michelle Knutson. Motion by Swigerd, seconded by Lane and carried to continue the closed session for preliminary consideration of allegations against an individual pursuant to M.S. 13D.05 Subd.2(b). Motion by Athey, seconded by Swigerd and carried to reopen the Board meeting. Motion by Torgerson and seconded by Athey tO suspend Veterans Service Officer/Emergency Management Director Doug Tomschin without pay for unacceptable use of electronic communications. Unacceptable use includes, but is not limited to, the following: 1. Any purpose that impairs the quality or productivity of his work; and 2. Any accessing, uploading, downloading, transmitting, receiving or distributing pornographic, obscene, abusive or sexually explicit, harassing or discriminatory materials or language. The suspension will be effective immediately and will continue until 8:00 AM on May 19, 2003; with the understanding that no further violations of the above provisions will occur. Following discussion, motion carried with Lane and Maas voting Nay. Following further discussion and upon direction of the Board, the Board Chair, County Attorney and HR Director left the meeting to deliver the decision to Mr. Tomschin. Upon their return to the meeting, a cell was placed to Traverse County VSO Gary Tracy to request his assistance during the suspension. Chairman Maas declared the meeting adjourned at 3:20 PM. Michelle R. Knutson, Auditor Alvin Mass, Chairman i Extension report John Cunningham County Extension Educator 839-2518 or 1-800-279-2518 DATES TO REMEMBER: May 15 - Afterschool CIoverbuds at Ortonville Elementary School (3:15 p.m.) May 15 - Babysitting Clinic, Ortonville (3:15-4:45 p.m.) May 15 - 4-H Animal I.D. forms due at Extension Office May 18 - Horse Project Practice at Fairgrounds (4:00 p.m.) May 19 - Babysitting Clinic, Ortonville (3:15-4:45 p.m.) May 19 - 4-1t Foo d Revue ,t CMB I (6:00 p.m.), followed' by Demonstrations (7:00 p.m.); ahd 4-1t Federation at meeting (7:30 p.m.); and Projects Unlimited Committee (8:30 p.m.) May 21 - All District Extension Staff meeting at Morris (9:30 a.m.) May 22 - Babysitting Clinic." Ortonville (3:30-4:45 p.m.) May 25 - National 4-H Sunday May 25 - Horse Project Practice. Fairgrounds (4:00 p.m.) May 26 - County Offices closed in observance of Memorial Day May 29 - Babysitting Clinic, Ortonville (3:30- 4:45 p.m.) . Your Minnesota Propane Dealers 877-=5=-osTs www.MNPropane.com PRC)Rn00E EXCEPTIONAL ENERGY" I IIII II I I MINNESOTA Property Owners PAYABLE ON OR BEFORE MAY 15, 2003 (to avoid a late payment penalty) (1) First Half Real Estate Taxes On All Classes of Property (2) Taxes of $50.00 or less Pay in Full (3) Personal Property Taxes Pay in Full CINDY NELSON, TREASURER Big Stone County Ortonville, Minnesota 13, 2003  INDEPENDENT Page 7b