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June 16, 2009     The Ortonville Independent
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PROCEEDINGS OF THE 0RTONVILLE CITY COUNCIL CITY COUNCIL WORKSHOP MEETING CITY OFFICE MEETING ROOM 315 Madison Avenue Ortonville, MN Monday, May 4, 2009 6:30 P.M. CALL TO ORDER AND ROLL CALL: Mayor Blair Johnson called the Work- shop Meeting of the Ortonville City Coun- cil to order at 6:30 P.M. Roll Call was taken with the following Present: Mayor Blair Johnson, Craig Randleman, Steve Berkner, Bob Meyer, John Cunningham, Mike Dorry, and Nick Anderson. Staff Present: City Administrator David Lang, Deputy Clerk Susan Lundell, Pub- lic Works Director Tim Scherer, Police Chief Curt Hormann, Pool Director Sarah Karels. Media present: Julie French (KDIO Radio). Others present: Elsie Perrine, David Dinnel, Penny Hormann, Penny Bay- bridge, Ken Simonitch, Jim Loeschke and other interested citizens. DISCUSSION OF CITY OF OR- TONVILLE SPECIAL ASSESSMENTS POLICY: Council Member Nick Anderson pre- sented an assessment policy draft revi- sion for Council review. An item-by-item discussion ensued. Questions arose re- garding sidewalk replacements. The Planning Commission will be asked to un- dertake a pedestrian plan to include side- walks. The discussion then turned to financ- ing new street construction projects. Dis- cussion and questions followed. The Council supported new street construc- tion projects being paid for 100% by the developer. Discussion then turned to Util- ity Hookups to Existing Trunk Line. Dis- cussion and questions followed. Utility Upgrade Projects were also discussed. No action was taken. The Assessment Policy will be re- viewed again at the council meeting on May 18, 2009. ADJOURNMENT: Mayor Johnson adjourned the meet- ing by consensus at 7:05 P. M. REGULAR MEETING CITY OFFICE MEETING ROOM 315 Madison Avenue, Ortonville, MN Monday, May 4, 2009 7:00 P.M. CALL TO ORDER AND ROLL CALL: Mayor Blair Johnson called the Regu- lar Meeting of the Ortonville City Council to order at 7:06 P.M. Roll Call was taken with the following Present: Mayor Blair Johnson, Craig Randleman, Steve Berkner, Bob Meyer, John Cunningham, Mike Dorry, and Nick Anderson. Staff Present: City Administrator David Lang, Deputy Clerk Susan Lundell, Pub- lic Works Director Tim Scherer, Police Chief Curt Hormann, Police Officer Jason Mork, Pool Director Sarah Karels. Media present: Julie French (KDIO Radio). Others present: Elsie Perrine, David Dinnel, Penny Hormann, Penny Bay- bridge, Gary Dinnel Ken Simonitch, Jim Loeschke and other interested citizens. AGENDA AMENDMENTS/APPROVAL: Ad d: 12.i. Hjghway 75 Reconstruction- North Approach to Public'Works Building 12.j. Refer Police Chief Issue to the Police Commission 12.f.2. Chief Hormann Resigna- tion/Retirement Motion by Cunningham, second by Berkner to approve the Agenda as amended. All in favor. 7-0. MCU. (Mo- tion Carried Unanimously). CITY ATI'ORNEY REPORTS & REC- ,' OMMENDATIONS: 3.a.Update: Acquiring Easements- ~Sanitary Sewer Forcemain; Utility and Street Improvements-McCIoud Street. At- torney Ash is working on the easements. Cunningham, Randleman, Berkner. Nay: None. All in favor. 7-0. MCU. 9.b. Border City Tax Committee Rec- ommendation: Resolution Approving Bor- der City Tax Credit Applications Resolution 09-068 Approving Border City Tax Credit Ap- plications Motion by Berkner, second by Ran- dleman to adopt Resolution 09-068 Ap- proving Border City Tax Credit Applications. Upon roll call vote the following voted Aye: Johnson, Anderson, Dorry, Meyer, Cunningham, Randleman, Berkner. Nay: None. All in favor. 7-0. MCU. REPORTS FROM COUNCIL COMMIT- TEES: 10.a. City Council Update-John Cun- ningham-Urban Forestry Presentation John Cunningham and Mike Dorry re- poded on an Urban Forestry Presentation put on by Gary Johnson of the University of Minnesota. It was reported that Ash trees are threatened. Some white ash species will be safe to plant. A survey of all ash trees in town needs to be con- ducted. Discussion and questions fol- lowed. NEW BUSINESS: 12.a. Approve Expenditures Motion by Randleman, second by Cunningham to approve expenditures as submitted. Upon roll call vote the follow- ing voted Aye: Johnson, Anderson, Meyer, Cunningham, Randleman. Nay: Dorry. Abstain: Berkner. 5-1-1. MC. 12.b. Approve DNR Deer Hunt and Approve Administering Deer Hunt Pro- gram Motion by Dorry, second by cunning- ham to Approve DNR Deer Hunt and Ap- prove Administering Deer Hunt Program. All in favor. 7-0. MCU. 12.c. Resolution Approving Authoriza- tion of Transportation Grant Agreement for Airport Improvement Excluding Land Acquisition-Agreement No. 94571 Resolution 09-069 Approving Authorization of Trans- portation Grant Agreement for Airport Improvement Excluding Land Acqui- sition-Agreement No. 94571 Motion by Berkner, second by Ander- son to adopt Resolution 09-069 Approv- ing Authorization of Transportation Grant Agreement for Airport Improvement Ex- cluding Land Acquisition-Agreement No. 94571 Upon roll call vote the following voted Aye: Johnson, Anderson, Dorry, Meyer, Cunningham, Randleman, Berkner. Nay: None. All in favor. 7-0. MCU. 12.d. Resolution Accepting Resigna- tion and Declaring a Vacancy-Council Member John Cunningham Resolution 09-070 Accepting Resignation and Declaring a Vacancy-Council Member John Cunningham Motion by Anderson, second by Dorry to adopt Resolution 09-070 Accepting Resignation and Declaring a Vacancy- Council Member John Cunningham. Council Member Dorry asked that Dave Dinnel's name be submitted for consideration for the vacant council seat. Mayor Johnson has names of two people who want to serve on the Council. After advertising the opening an appointment will be made at the first meeting in June. Upon roll call vote the following voted Aye: Johnson, Anderson, Dorry, Meyer, Randleman, Berkner. Nay: None. Abstain: Cunningham. 6-0-1. MC. 12.e. Dixon Street Improvements-Nick Anderson R~soiution Approving DiXon Street Im- provements at the Minnesota Street In- tersection at County Contract Prices-S12,470.00. Resolution 09-071 Approving Dixon Street Improve- ments at the Minnesota Street Inter- section at County Contract Prices-S12,470.00. Motion by Cunningham, second by Berkner to adopt Resolution 09-071 Ap- proving Dixon Street Improvements at the Minnesota Street Intersection at County Contract Prices-S12,470.00 with a 30% benefitted property owner and 70% city leased. Hormann gave Berkner permis- sion to refer to his letter. Berkner stated that the contents of the letter indicate that there may be bullying going on as far as the police department is concerned. The letter also indicates that the morale is low on the police force. Berkner asked that the allegations in Hormann's letter be in- vestigated. He appealed to the Police Chief to reconsider retiring. Hormann stated that he has no support from this Council based on how the vote went to pay his legal fees. Mayor Johnson asked if a committee to investigate the matter should be formed. Motion by Berkner, second by Dorry to appoint Council Members Bob Meyer and Steve Berkner and Mayor Johnson to a Committee to investigate the allegations in Police Chief Curtis Hormann's letter of retirement and to review the Analysis of Contracting Law Enforcement Services as prepared by SJWorth Consulting, LLC. All in favor. 7-0. MCU. Council Member Meyer asked Hor- mann if he would consider staying on as the Police Chief if the issues in his letter could be resolved. Hormann said he would consider it depending on the out- come of the investigation Motion by Berkner, second by Meyer to ask Police Chief Curtis Hormann to re- consider his retirement. Upon roll call vote the following voted Aye: Anderson, Dorry, Meyer, Randle- man, Berkner. Nay: Cunningham, John- son. 5-2. Motion Carried. 12.h. Approve Commencing Negotia- tions with Big Stone County to Consoli- date Law Enforcement Services Discussion and questions followed. Council Member Berkner referred to the consultants study stating, "It would seem well advised to consistently recommend that a municipality stay with it's own sys- tem of law enforcement service, if feasi- ble, before contracting." Berkner stated that the City continues to lose good offi- cers because the Council does not sup- port the police department. There was a question as to whether or not the City would save money by consolidating with the County for law enforcement services. Anderson and Berkner asked that the consideration for consolidating law en- forcement services with the county be de- layed for a month or two. Tabled until the regular May 18, 2009 City Council meeting. 12.i. Resolution Approving Recon- struction of Highway 75 Entrance to the City Public Works Garage-S3,600.00 Resolution 09-072 Approving Reconstruction of High- way 75 Entrance to the City Public Works Garage-S3,600.00 Motion by Berkner, second by Ran- dleman to adopt Resolution 09-072 Ap- proving Reconstruction of Highway 75 Entrance to the City Public Works Garage-S3,600.00 Upon roll call vote the following voted Aye: Johnson, Anderson, Dorry, Meyer, Cunningham, Randleman, Berkner. Nay: None. All in favor. 7-0. MCU. 12.j. Refer Police issues to the Police Commission. Motion by Dorry, second by Randle- man to refer Police issues to the Police Commission. All in favor. 7-0. MCU. CITY CLERK-ADMINISTRATOR RE- PORTS & RECOMMENDATIONS 13.a.Update: Small Cities Develop- ment Grant Program 13.b.Update: Columbian Hotel 13.c.Ortonville TIF District Creation and Potential TIF Bond Issue 13.d.Economic Stimulus Information- Modify, Upgrade, Construct Fire Stations 13.e.Update: Sanitary Sewer Force- main Improvements along Big Stone Lake; Street and Utility Improvements on McCIoud Street-Public Hearing 7:00 PM- 05-18-09 13.f Library Steps Grant Update 13.g. 2009-2010 Local Government Aid Update 13.h. Federal Stimulus Infrastructure Funding Update - Regional Resource Fair 04-21-09 13.i. MRES Bright Energy Solutions Rollout - Week of April 20, 2009 13.j. Update: 2009 Taxiway and Apron Project-Ortonville Airport 13.k. Update: Earth Day Observance- Central Park Restoration 13.1. Summer Recreation Program Scholarships Mayor Blair Johnson called the Work- shop Meeting of the Ortonville City Coun- cil to order at 6:15 P. M. Roll Call was taken with the following Present: Mayor Blair Johnson, Nick Anderson, Steve Berkner, John Cunningham, Mike Dorry, Craig Randleman. Absent: Bob Meyer. Staff Present: City Administrator David Lang, Finance Officer Char Grossman, and Deputy City Clerk Susan Lundell. Also present: Tom Koop of Larson Allen, Rick Ash, Penny BayBridge, David Dinnel and other interested citizens. REVIEW OF 2008 AUDITED FINAN- CIAL STATEMENTS: Tom Koop of Lar- son Allen. Generally Accepted Accounting Prin- ciples and Government Audit Standards were followed in the preparation of this audit. An A-133 Compliance Audit was done as required on Loan Proceeds over $500,000.00 for the sewer rehabilitation project. The General Fund balance at the end of 2008 would fund 172 days of expendi- tures. Without the $58,000 Local Govern- ment Aid unallotment, the City would have been at 184 days. Koop stated it is advis- able to maintain a 180-day fund balance and warned the Council to be careful that the general fund does not fall below the 180-day recommended level. A federal rule regarding a time limit on holding fed- eral funds was violated twice by the City but Koop stated they were minor inci- dents. No findings of violation of Min- nesota regulations were found Koop expressed concern with how proposed cuts to Local Government Aids (LGA) would affect the City. He stated the City relies heavily on LGA. The Electric, Water and Sewer Funds have solid reserves. The Golf Fund has been unable to fund depreciation in 2007 or 2008. There was a positive cash flow in the Golf Fund of about $25,000 before depreciation. Fairway View Senior Com- munity is doing well. Discussion and questions followed. ADJOURNMENT: Mayor Johnson adjourned the meet- ing by consensus at 6:55 P.M. REGULAR MEETING CITY OFFICE MEETING ROOM 315 Madison Avenue, Ortonville, MN Monday, May 18, 2009 7:00 P.M. CALL TO ORDER AND ROLL CALL: Mayor Blair Johnson called the Regu- lar Meeting of the Ortonville City Council to order at 7:00 P.M. Roll Call was taken with the following Present: Mayor Blair Johnson, Craig Randleman, Steve Berkner, John Cunningham, Mike Dorry, and Nick Anderson. Absent: Bob Meyer. Staff Present: City Administrator David Lang, Deputy Clerk Susan Lundell, Fi- nance Officer Char Grossman, Public Works Director Tim Scherer, Police Offi- cer Jason Mork, City Attorney Craig Ash, Airport Manager Todd Verheul, Commu- nity Development Coordinator Vicki Cakes, Hospital Administrator Rick Ash. Media present: Sue Kaercher Blake (Ortonville Independent). Others present: Bob Schliemann of Ulteig Engineering, Eric Hanson of Short, Elliot, Hendrickson, Tom Koop of Allen Larson, Hospital Board Members Mary Ann Ulrich, Marilyn Lindahl, and Bill Thyne, David Dinnel, Penny BayBridge, David Tonn, Jack Berghuis, Roger Oehler, Mark Swigerd, Loretta Swigerd, Cliff Marholz, Gary Voegtli, Dan Cakes, Norm Bryan, Chris Dorry, Karl Dorry, Ruth Strong, Tom Kaye, LaVerne Kaye, Roy Haugen, Don Johnson, Carol Taffe, Roman Taffe, Becky Parker, David Re- upke, Julie Kunrath, Steven Kunrath, Don Nissen, Judy Nissen, William Lund Jr William Lund Sr Lana Sand, Pat Sester, Jim Sester, Lynette Wellendorf, John Bergwall and other interested citizens: AGENDA AMENDMENTS/APPROVAL Motion by Randleman, second by Cunningham to approve the Agenda as presented. All in favor. 6-0. MCU. (Mo- tion Carried Unanimously). CITY ATTORNEY REPORTS & REC- OMMENDATIONS: a. Second Reading of Ordinance 09- 06, An Ordinance Amending Chapter 31.06 of the Administrative Code Pertain- ing to the Creation, Powers and Duties of the Health Care Board. Motion by Anderson, second by Dorry to approve the second reading of Ordi- nance 09-06, An Ordinance Amending project specially assessed. He is con- cerned about the lineal footage as a basis for allocation of the forcemain costs. The other option is on a per hookup basis. The City plans to assess 30% of the cost of the project with the exception of 100% of the cost of the concrete driveway aprons being assessed to property owners. Jack Berghuis of 109 McCIoud Street expressed concerns about the weeds in Big Stone Lake and run-off into the lake. Estimated project costs, proposed as- sessment methodology, cost sharing breakdowns and assessment rates were reviewed. Assessment examples and pro- posed annual payment schedules were discussed. Concerns about the poor economy were expressed. City Attorney Craig Ash spoke to the need for obtaining easements. The City can fix the existing lines via a prescriptive easement. Grant requirements make it necessary for written easements to be in place for the McCIoud Street Project. Ash stated easement documents were avail- to cap the 2009 Family Pool Pass Fee at $160.00. Discussion and questions fol- lowed. ,~.11 in favor. 6-0. MCU d. Police Commission Recommenda- tion: Chief of Police and Hiring of Part- Time Officers. Approve Letter of Retirement Motion by Randleman, second by An- derson to accept a Letter of Retirement for Chief of Police Curtis Hormann. 5-1. Nay: Berkner. MC. Motion by Dorry, second by Randle- man to approve the Police Commission recommendation to offer Gary Dinnel an interim Chief of Police position. Discussion and questions followed. 5- 1. Nay: Berkner. MC. e. Utility Committee Recommenda- tion: School District Heat Exchangers The surcharge to the school district would be $85/hour. The School will invest $250,00O. Motion by Cunningham, second by Randleman to install a transformer and in- cidentals that allow the school to install able for property owner's signatures if the heating and cooling system via a dual they wanted to sign them after the meet- meter that is controlled by the City so that ing. A timetable for construction was dis- we can turn off power when we need to cussed. Mayor Johnson closed the Public Hearing at 8:13 PM. Mayor Johnson called the Regular Meeting to order at 8:14 PM. RECOGNITIONS/PRESENTATIONS/ INTRODUCTIONS: a. 2008 Audit Summary-Tom Koop, Larson Allen Tom Koop noted the Council held a Workshop to discuss and review the 2008 Audit earlier this evening. The City re- ceived a clean opinion on the Audit ex- cept for delayed disbursements by 40 days or greater on two small disburse- ments under the Capitalization Grants for Clean Water State Revolving Funds Pro- gram. Overall financial condition of the City is stable There is a 6-month General Fund cash balance on hand. All enter- prise funds are in the black except the Golf Fund including funding depreciation. b. Infrastructure Engineering Items- Bob Schliemann, Ulteig Engineers Schliemann reviewed with the Coun- cil the following topics: Wellhead Protection Plan requires Council approval of the DNR Water Sup- ply Plan. Optimizing the operation of the Water Treatment Plant. Street Improvement Project Engineer- ing Work is in progress MDH inspection of the wells - no im- mediate action now Engineering work on City Shop ex- pansion c. OAHS Administrator Rick Ash: 1 .Healthcare Board April Minutes 2.OAHS May Report March financials - Patient volumes and services provided are at budget or better. Net Income for March was $262,032 a. Board Report-Robotics project will come before the OAHS Board next month. Legislative Funding cuts are a concern b. Medical Staff-Nurse Call System approved c. Healthcare Month-May is Health- care Month-Staff Recognition Events d. Building Project-Building progress- ing and CT Scanner installed Capital Campaign at $1.9M out of a goal of $2.1M has been met A Helipad will be considered. CITIZENS TO BE HEARD: a. Karl Dorry-Early Childhood Initia- tive-Use of City Parks Karl Dorry representing the Ortonville Early Childhood Initiative asked that the playground equipment purchased for the proposed park project be installed in the parks for use this summer This ~P0~I5 w~uldlike the MN River Regional Trallhead Project to proceed. The Council has this project on hold due to the prospective LGA cuts for 2009 and 2010. A City match is required. Mayor Johnson stated the project was in the budget but the Council is waiting to see what cuts the Legislature will make to the City's Local Government Aids before pro- ceeding. Clerk-Administrator Lang stated the City cannot proceed with the installa- tion until all terms of the grant agreement are met. Tara Gregor asked if the equip- ment could be installed in phases. Becky Parker stated it was unfortunate that the and allow this system to be put into place with no demand charges to the school. The motion stipulates that the city will charge an extra monthly service charge at the current commercial rate for the extra electric service panel. Discussion and questions followed. All in favor. 6-0. MCU. f. Golf Board Recommendation: Golf Ranger Policing Duties Motion by Cunningham, second by Anderson to authorize the Golf Ranger to call the police and press charges against anyone playing on the golf course without paying, to charge the daily trail fee to any- one using a cart on the golf course with- out paying a trail fee and if that same person is caught a second time they will be prosecuted, and to remove a person from the golf course for the day if they are breaking the rules and/or do not comply with instructions. Discussion and questions followed. 5- 1. Nay: Dorry. MC. g. Golf Board Recommendation: Bad Check Collection Policy Motion by Berkner, second by Cun- ningham to approve a Bad Check Collec- tion Policy whereby the City is responsible for bad checks for golf and the golf course lessee is responsible for bad checks for meals. All in favor. 6-0. MCU. h. Golf Board Recommendation: Res- olution Approving Payment of Half the Golf Course Website Costs-S60.00 Per Year Resolution 09-074 Approving Payment of Half the Golf Course Website Costs-S60.00 Per Year Motion by Randleman, second by Berkner to approve Resolution 09-074, Approving Payment of Half the Golf Course Website Costs-S60.00 Per Year. Upon roll call vote the following voted Aye: Johnson, Anderson, Dorry, Berkner, Cunningham, Randleman. Nay: None. All in favor. 6-0. MCU. UNFINISHED BUSINESS: City Assessment Policy Review-Coun- cil Member Anderson Council Member Anderson reported that upon review of what other cities are charging for fees he stated that Or- tonville's proposed fees were high in com- parison. The adoption of a City Assessment Policy was tabled. NEW BUSINESS: a. Approve Expenditures Motion by Randleman, second by Cunningham to approve the expenditures as submitted. 5-0-1. Abstain: Berkner. MC. b. Resolution Approving Plans and Specifications and Ordering Advertise- ment for Bids- McCloud Street Forcemain and Street and Utility Improvement Proj- ect. Council Member Craig Randleman made reference to the City's Compre- hensive Plan by saying it is a tool that en- courages improvements to the City's infrastructure. He stated this project fits within the Comprehensive Plan. He sym- pathized with homeowners who are con- cerned about costs but said the City has to look to the future and the need for im- provements. Discussion and questions followed. Dorry expressed concern for CITIZENS TO BE HEARD: special assessment. 13.m. Annual Gopher State One-Call Chapter 31.06 of the Administrative Code playground equipment is being stored by property owners who will receive a None. Upon roll call vote the following voted Ad Pertaining to the Creation, Powers and the City but cannot be installed for the $20,000.00 assessment and asked if the CONSENT AGENDA: Aye: Johnson, Anderson, Dorry, Meyer, 13.n. Cities Without Municipal Liquor Duties of the Health Care Board with the summer. The Park Board will be asked to City can justify this expense without being 8.a. Approve Minutes of City Council Cunningham, Randleman, Berkner. Nay: Stores Training-May 14, 2009 word "may" replacing the word "shall" review this matter, sued. Berkner stated there needs to be Regular Meeting April 6, 2009 None. All in favor. 7-0. MCU. 13.o. Closing Memorandum-General under Subdivision 2. Composition. (a) b. Penny BayBridge-Correction of community standards with respect to 12.d. Resolution Approving the Pay- Obligation Water Revenue Refunding Membership in regards to how many minutes and City Attorney approval of street, construction having to do with 8.b. Approve Minutes of City Council ment of Legal Fees for Police Chief Curt Bonds members of the City Council shall serve Resolution: street width as well as curb and gutter Regular Meeting April 20, 2009 Hormann's Defense-S786.25 13.p. Update: 2010 Infrastructure Im- on the Health Care Board. All in favor. 6- Penny BayBridge asked that minutesMayor Johnson stated curb and gutter is 8.c. Approve VFW Post 3964 Applica- Resolution 09-072 provement Project Funding Applications 0. MCU. of the April 6, 2009 City Council minutes important for functionality and for unifor- tion for Temporary On-Sale Liquor Li- Approving the Payment of Legal Fees EXECUTIVE SESSION: (If needed) b. Resolution Adopting Ordinance No. be revised. She also asked that a Reso- mity. cense June 20-21, 2009 Ortonville for Police Chief Curt Hormann's De- ADJOURNMENT: 09-06 An Ordinance Amending Chapter lution from the November 17, 2008 City Nick Anderson expressed concern Armory fense-$786.25 Motion by Randleman, second by An- 31.06 of the Administrative Code Pertain- Council meeting be clarified. She stated about storm water runoff into the lake. 8.d. Resolution Approving Hiring 2009 Pool Employees and Setting 2009 Motion by Berkner, second by Dorry to derson to adjourn the meeting at 8:10 ing to the Creation, Powers and Duties of the Resolution regarding the OAHS Clinic City Engineer Bob Schlieman stated adopt Resolution 09-072 Approving the P.M. All in favor 7-0. MCU. the Health Care Board. was approved contingent upon approval tabling the decision on the project would Salaries for Pool Employees Payment of Legal Fees for Police Chief WORKSHOP MEETING Resolution 09-073 by the City Attorney. She asked where in not affect the PFA Loan, but would jeop- Resolution 09-066 Curt Hormann's Defense-S786.25. JOINT WORKSHOP WITH OAHS Approving Adopting Ordinance No. the minutes was record of his approval of ardize the possibility of federal stimulus Approving Hiring 2009 Pool Employ- Discussion and questions followed. HEALTHCARE BOARD + 09-06 An Ordinance Amending Chap-the Resolution. The Council explained funding. ees and Setting 2009 Salaries for Mayor Johnson stated that to pay attor- CITY OFFICE MEETING ROOM ter 31.06 of the Administrative Code that the approval by the attorney is done Resolution Approving Plans and Spec- ? " Pool Employees Motion by Randleman, second by ney's fees for an employee would set a 315 Madison Avenue, Ortonville, MN Pertaining to the Creation, Powers verbally, ifications and Ordering Advertisement for Cunningham to adopt Resolution 09-066 bad precedent. Berkner stated that the Monday, May 18, 2009 and Duties of the Health Care Board. CONSENT AGENDA: Bids- McCloud Street Forcemain and Approving Hiring 2009 Pool Employees matter should have gone before the Pc- 6:00 P.M. Motion by Randleman, second by An-a. *Approve Corrected Minutes of City Street and Utility Improvement Project. lice Commission first thus possibly avoid- CALL TO ORDER AND ROLL CALL: derson to adopt Resolution 09-073 Ordi- Council Regular Meeting April 6, 2009 Motion by Randleman, second by An- and Setting 2009 Salaries for Pool Em- ing the closed meeting and the letter Mayor Blair Johnson called the Joint nance No. 09-06An Ordinance Amending b. *Approve Minutes of City Council" derson to adopt Resolution Approving ployees stating there were "charges and allega- Workshop with the OAHS Healthcare Chapter 31.06 of the Administrative Code Workshop Meeting May 4, 2009 . Plans and Specifications and Ordering Upon roll call vote the following voted tions" against the Police Chief. He said Board meeting to order at 6:00 P.M. Roll Pertaining to the Creation, Powers and c. *Approve Minutes of City Council Advertisement for Bids-McCloud Street Aye: Johnson, Anderson, Dorry, Meyer, had we followed a different line, there Call was taken with the following present: Duties of the Health Care Board asRegular Meeting May 4, 2009 Forcemain and Street and Utility Im- Cunningham, Randleman, Berkner. All in would have been no need for Curt Hor- Mayor Blair Johnson, Nick Anderson, amended, d. *Approve Ortonville Volunteer Fire provement Project. favor. 7-0. MCU. mann to hire an attorney. Dorry also Steve Berkner, John Cunningham, Mike Upon roll call vote the following voted Department Application for Exempt Per- Upon roll call vote the following voted 8.e. Approve use of Lakeside Park, Ottertail Land and all surrounding land for TRAM on July 26 Council Member Dorry asked that the April 6, 2009 Minutes be removed from the Consent Agenda. Motion by Randleman, seconded by Cunningham to approve the Consent Agenda with the April 6th Minutes re- moved. All in favor. 7-0. MCU. Council Member Dorry stated that Po- lice Chief Hormann's defense Attorney Ron Frauenshuh has asked that the fol- lowing statements be added to the April 6, 2009 minutes: "Mr. Frauenshuh speak- ing on behalf of Mr. Hormann objected to the procedure of using the city council be- fore engaging the police commission and he accused the city council of politicizing the police issue. Mr. Frauenshuh then ad- dressed the council of all remaining is- sues." Motion by Dorry, second by Berkner to add said language to the April 6, 2009 regular meeting minutes. All in favor. 7-0. MCU. RECOMMENDATIONS OF CITIZEN BOARDS, COMMITTEES AND COM- MISSIONS: 9.a. Telecommunications Committee Recommendation: Resolution Approving One-Year Renewal of TDS Contract- $29.50/Line Resolution 09-067 Approving One-Year Renewal of TDS Contract-S29.50 Per Line + Motion by Anderson, second by Cun- ningham to adopt Resolution 09-067 Ap- proving One-Year Renewal of TDS Contract-S29.50 Per Line. Discussion and qdestions followed. Upon roll call vote the following voted Aye: Johnson, Anderson, Dorry, Meyer, stated that the issue should have gone to the Police Commission first for their re- view. City Clerk-Administrator Lang stated he was in constant contact with the League of Minnesota Cities regarding the issue and used their template notice for the closed meeting. Lang stated that we could have had a closed meeting had the employee not asked to have it open. Dorry stated that Lang should have shared the information from the League with the Council and felt that the issue could have been resolved before a closed meeting was scheduled. Berkner did not remember the words "charges and allegations" being used in previous closed meetings. He stated that the wording was a mistake on the City's part. Lang stated that he was not respon- sible for the charges and allegations and that a Council Member and the Mayor brought the list to him for action. He ex- plained that no mention of the person's name can be in the public notices for a closed meeting. Lang stated that the City Council is given the authority to investi- gate affairs of the city and conduct of any city department, office or agency accord- ing to the City Charter, Section 2.09. Upon roll call vote the following voted Aye: Dorry, Meyer, Berkner. Nay: John- son, Anderson, Cunningham, Randle- man. 3-4. Motion Failed. 12.g. Approval of Letter of Retirement from Police Chief Curtis Hormann Council Member Berkner asked if the Letter of Retirement from Curtis Hormann was public information. City Attorney Craig Ash stated the letter will go into his personnel file but is only public if Hor- mann gives permission for it to be re- Dorry, Craig Randleman. Absent: Bob Meyer. Staff Present: City Clerk Administrator David Lang, Finance Officer Char Gross- man, and Deputy City Clerk Susan Lun- dell, OAHS Administrator Rick Ash. OAHS Board Members Present: Bill Thyne, MaryAnn Ulrich, Marilyn Lindahl. REVIEW AN ORDINANCE AMENDING CHAPTER 31.06 OF THE ADMINIS- TRATIVE CODE PERTAINING TO THE CREATION, POWERS AND DUTIES OF THE HEALTHCARE BOARD: Discussion ensued regarding whether or not to have one or two City Council members on the OAHS Healthcare Board. OAHS Administrator Rick Ash re- ported the current Healthcare Board, with one City Council Member on it, is working well. The wording of proposed Ordinance 09-06 reads that there "shall" be two Council Members on the Board. Ash asked that the word "may" replace the word "shall." There was discussion re- garding the benefit of having continuity of City Council representation on the Board by having two Councilors on the Board. It was suggested that when the Build- ing Project is completed, it may be desir- able to have two Councilors appointed at that time. Thus, it was the consensus of the Council to have the wording "may" rather than "shall" be in Ordinance 09-06 ADJOURNMENT: Mayor Johnson adjourned the meet- ing by consensus at 6:15 P. M. WORKSHOP MEETING CITY OFFICE MEETING ROOM 315 Madison Avenue, Ortonville, MN Monday, May 18, 2009 6:30 P.M. CALL TO ORDER AND ROLL CALL: Aye: Johnson, Anderson, Dorry, Berkner, Cunningham, Randleman. Nay: None. c.Update: Acquiring Easements-Sani- tary Sewer Forcemain; Utility and Street Improvements-McCIoud Street-Dis- cussed later in the meeting. d.Update: Obtain Easement(s) for Util- ity Line Repairs Beneath Dusty Lane- Tabled. Mayor Johnson closed the Regular Meeting and called a Public Hearing to order at 7:05 P.M. PUBLIC HEARING: a. McCIoud Street Forcemain and Street and Utility Improvement Project This Hearing was called to give the Public an opportunity to give testimony re- gFarding the proposed McCIoud Street orcemain and Street and Utility Im- provement Project. An outline for the Pub- lic Hearing was distributed. Discussion and questions followed with respect to storm water runoff, as well as the width of McCIoud Street including curb and gutter. It was noted that a 32- foot wide street would, accommodate parking on one side. It was n(~ted that very few infrastruc- ture improvement projects have been done in Ort0nville since large Local Gov- ernment Aid reductions that took place in 2003. Infrastructure projects cannot con- tinue to be deferred indefinitely. Engineer Bob Schliemann stated that low interest loans plus a small amount of grant money was available for the project should the Council proceed. He stated other projects are getting low bid prices due to the economy. Roman Taffe considers the forcemain to be part of the overatl city infrastructure and did not want to see that portion of the mit for Gambling (Raffle) at Matador e. *Approve Hiring List and Hourly Wage Rates for 2009 Summer Recre- ation Employees f. *Approve Hiring Assistant Pool Di- rectors g. *Approve Request of OFC Or- tonville (Former Jaycees) to Use Foot of Lake Park for Fundraising Circus July 17, 2009 h. *Approve 2009 Liquor License Re- newals per List as Presented at Meeting -time Motion by Cunningham, second by Randleman to approve the Consent Agenda as presented. All in favor. 6-0. MCU. RECOMMENDATIONS OF CITIZEN BOARDS, COMMITTEES AND COM- MISSIONS: a. Park Board Recommendation: In- stall a Water Hydrant in Central Park (Refer to Utility Committee). It was pro- posed to install a water hydrant for use for the possible upcoming Ash Borer problem in the park. Motion by Anderson, second by Ran- dleman to refer the installation of a water hydrant in Central Park to the Utility Com- mittee. All in favor. 6-0. MCU. b. Park Board Recommendation: In- stallation of Playground Equipment at Lakeside Park. Discussion and questions followed. City Clerk-Administrator Lang will call Interstate Engineering to contact the DNR regarding whether or not we can proceed immediately. c. Park Board Recommendation: Cap 2009 Family Pool Pass Fee at $160.00 $100 up to 5 plus $15 per person up to a maximum of $160. Motion by Anderson, second by Dorry Aye: Johnson, Anderson, Berkner, Cun- ningham, Randleman. Nay: Dorry. Motion failed due to lack of 4/5 vote as required by Minnesota State Statutes, Chapter 429. c. Resolution Accepting Bid for Airport 2009 Taxiway & Apron Project- $450,027.25 Resolution 09-075 Accepting Bid for Airport 2009 Taxi- way & Apron Project Motion by Cunningham, second by Berkner to adopt Resolution 09-075, Ac- ceJ0ting Bid for Airport 2009 Taxiway & AISron Project-S450,027.25 Upon roll call vote the following voted Aye: Johnson, Anderson, Dorry, Berkner, Cunningham, Randleman. Nay: None. All in favor. 6-0. MCU. Resolution Approving Construction Management Contract with SEH for Air- port 2009 Taxiway & Apron Project- $46,400.00 Resolution 09-076 Approving Construction Management Contract with SEH for Airport 2009 Taxiway & Apron Project- $46,400.00 Motion by Anderson, second by Ran- dleman to adopt Resolution 09-076, Ap- proving Construction Management Contract with SEH for Airport 2009 Taxi- way & Apron Project- $46,400. Upon roll call vote the following voted Aye: Johnson, Anderson, Dorry, Berkner, Cunningham, Randleman. Nay: None. All in favor. 6-0. MCU. d. Recreational Fires-Craig Randle- man Council Member Randleman stated the public needs to be more aware of how Continued on next page Tuesday, June 16, 2009 / INDEPENDENT Page 5b