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July 28, 1998     The Ortonville Independent
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July 28, 1998
 

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notices OF LE L MONDAY, JULY 6,1998 SENIOR CENTER 7:00 P.M. AND ROLL CALL: Called the regular ;ity Council to the following rs Present: Mel George Elliott, Absent: Butch Paul Tinklenberg, Dinnel, Roman Statteiman, Sue andent; Betty Radio Marvin Berkner, Ekvood lens, John Blomgren, Janke, Orin Mike Kelly, Ann Ulrich, Fran Gene Dorry, Carlson Nell Pat 1, Donna Klitzke, Lotthammer, Holly Amst, Johnson, Mike Council Council and passed the following L Presentations: ii Commtees iplex rate Repairs rms Ids for A/C not to of the EDA uest a utility and businesses in that there was for this type of has no monetary :h to entice new is a large ace being Weeder looked at by Peterson without rater the more of other the City reduction in city new business or lo expands or increases reduction dditional usage would be a to a one year COuld determine an existing lify unless would the arrived at Butch Mittelstaedt ) BE HEARD )resent to his taken by the ning & Zoning request for a I Ordinance. move his house than earlier said, would allow a tricted view for of 4th his concern over was reiterated to would continue to on and off for the the new water automated, rein Springsted bresented a or issuance of ral Obligation 1998A. The the Bonds is of the at the regular that same amortized an and Hynnek resolution_ SERIES Council of the (the to issue its lation (the and has retained Saint Paul, as its and is to sell these Subdivision bRE, BE IT of the as follows: Council so,cit negotiated sale This City place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed bids for, and awarding the sale of, the Bonds. The Clerk-Administrator or his designee, shall open bids at the time and place specified in such Terms of Proposal 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal* attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with said competitive negotiated sale, the Clerk Administrator and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by member Hynnek and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Hynnek, Reinke, Mittelstaedt, Elliott, Gustafson, Oakes, Ellingson and the following voted against the same: none Whereupon said resolution 98-96 was declared duly pa, ,ssa, nd adopted. EXHIBIT A THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $3,335,000 CITY OF ORTONVILI F, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1998A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, August 3, 1998, until 11:30 AM, Central Time, at the" offices of Springsted Incorporated, 85 East Seventh Place, Suite 10, Saint Paul, Minnesota, hfter which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 PM, Central "time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 223- 3002 to Springsted. S,gned Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Spdngsted the final Proposal price and coupons, by telephone (612) 223-3000 or tax (612) 223-3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the issue to pumhase the Obligations regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated September 1, 1998 as the date of original issue, and will bear interest payable February 1 and AUgUSt1 of each year, commencing August 1, 1999. Interest will be computed on the basis of a 360-day Thar of twelve 30-day months. . e Bonds will mature FabRAafy 1 in the veers and amounts as folkvs: 2000 ................................. $140,ooo 2001 ................................. $195,000 2oo2 ................................. $2oo,ooo 2003 ................................. $200,000 2004 ........ i ........................ $205,000 2005 ................................. $210,000 2006 ................................. $215,000 2007 ................................. $220,000 2oo8 ................................. $230,0oo 2009 ................................. $235,000 2010 ................................. $240,000 2011 ................................. $250,000 2012 ................................. $255,000 2013 ................................. $265,000 2014 ................................. $275,000 BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds matudng in each reaar, will be registered in the name of de & Co. as nominee of The Depository Trust Company ('DTC'), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to partici .pa. nts of DTC will be on the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility for such participants and other nominees of beneficial owners. The purchase, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the m.gistrar which shall be subject to apphcable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2005 andon any day thereafter, to prepay Bonds due on or after February 1, 2006. Redemption may be in whole or in .part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such matudty to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each articipant will then select by lot the eneficial ownership interests in such maturity to be redeemed. All iPirepayments shall be at a price of par us accrued interest. SECURITY AND PURPOSE The bonds will be general obligations of the Cy for which the Cy wB pdge its full faith and credit and power to levy direct general and valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to refinance various imprevement projects within the cw. TYPE OF PROPOSALS Proposals shall be for not less than $3,285,700 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit (Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $33,350, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety bond is used, it must be from an insurance company license to issued such a bond in the State of Minnesota, and preapproved by the City. such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety bond. If the Bonds are awarded to an underwriter using a Financial Surety bond, then that purchase is required to submit its Deposit to Spdngsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 PM, Central "13me, on the next business day following the award If such Deposit is not received by that time, the Financial Surety bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchase, the amount of which will be deducted at settlement and no interest will accrue to the purchase. In the event the purchase fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the item set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shell bear a single rate from the date of the Bonds to the date of maturity. No conditioned proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of mattem relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefore at the option of the underwnter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by lt p=rchaser to accept delivery on the CUSIP NUMBERS If the bonds qualify for assignment of CUSIP numbers such numbers will be printed on the bonds, but neither the fai/ure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the bonds. The CUSIP Service Bureau char..e for. the assignment of CUSIP 0dent0ficat on numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds wil/be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchase of an approving legal opinion of Briggs and Morgan. Professional Association of Saint Paul and Minneapolis, Minnesota, and of customary closi.ng papers, including a no-litigation certificate. On the date of settlement, payment for the bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00Noon, Central Time. Except as compliance with the terms of payment for the Bond shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non- compliance with said terms for payment. CONTINUING DISCLOSURE At the time of delivery of the Bonds, the City will not be obligated with respect to more than $10,000,000 of outstanding municipal securities, including the bonds being offered hereby. In order to assist bidders in complying with SEC Rule 15c2-12, as amended, the City will enter into a Continuing Disclosure Certificate pursuant to which it will covenant to provide upon request certain financial information or operating data that is customarily required by SEC Rule 15c2- 12(d)(2). The Continuing. Disclosure Certificate will be set forth in the Official Statement. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to theBonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information pnor to sale, any prospective purchase is referred to th e Financial Advisor to the City, Spfingsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda .specifying the maturity dates, principal amounts and interest rates of the Bond, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the. Bonds are awarded 135 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. An Y underwriter delivering a proposal with respect to the Bonds agrees thereby tha, if its proposal is accepted by the city (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the final Official Statement. Dated: July 6, 1998 BY ORDER TO THE CITY COUNCIL /s/Roman Taffe, City Clerk CONSENT AGENDA: Ellings0n moved and Oakes seconded and it passed unanimously to approve the consent agenda as presented. PUBLIC HEARING: Uponproper notice being given, Mayor Ellingson opened the public hearing at 8:05 P.M. for the purpose of allowing the citizens to voice their opinions, for or against, the proposed vacating of the part of the South Half of Pacific Avenue which lies between all of Block Two (2) and Lot One (1) of Block Three (3), Original Plat of City of Ortonville. There was considerable discussion by the citizens and Council in attendance over the merits of vacating that portion of Pacific Avenue and the Marina plan in generaL When all in attendance who wished to had been heard, Ellingson closed the Public Hearing at 9:05 P.M. And as there appeared no clear consensus amongst the Council, Mitteistaedt moved and Oakes seconded to table the discussion to the next regular Council meeting. The motion passed with the following voting aye:-Gustafson, Oakes, Mittelstaedt, Reinke, Hynnek The following voted nay: Elliott, Blingson. REPORTS/MINUTES OF CITIZEN BOARDS, COMMITrEES AND COMMISSIONS: BOARD OF APPEAL/PLANNING COMMISSION: The Council reviewed the variance request by Big Stone County Highway Department to pave and fence a parcel of land they intend to purchase located at the back 200 feet of the lots located at 429 and 433 North Minnesota Street. Oakes asked if there was a maximum percentage  a lot in a residential area that can be paved. Bailey said there wasn't. Oakes then voicedhis concem over the existingproblem caused by runoff from the Highway Department parking lot which now carries gravel over onto Orchard after a rain. Reinke moved and Ellingson seconded and it passed unanimously to approve a conditional use permit allowing the Big Stone Highway Department to use that certain area for the storage of machinery and equipment with the stipulations that they fence the East, South, and West boundaries of the new (roperty in accordance with Zoning rdinance and with privacy fence or chain link fence with privacy strips. And with the further stipulation that they inspect and correct the drainage of their parking area so that the drainage runs along the former railroad grade and to the South. After considerable discussion, the recommendation to deny Jerry Jorgenson's variance request was tabled and referred beck to the Board of Appeals/Planning Commission for further consideration. Gustafson moved and Mittelstaedt seconded and it passed unanimously to approve the June 30, 1998 Board of Appeals/Planning Commission minutes with the exception of the recommendation to deny Jerry Jorgenson's variance request. Council member Dan Oakes left the meeting at 9:08 P.M. SENIOR BOARD: Quotes for the replacement of the East Unit A/C in the Senior Center were reviewed. Specifications were distributed to local contractors and three were received back. The quotes were: Berkner Heating ................... $1,375 Amdt's Plumbing & Heating....$890 Bill's Plumbing & Heating ....$1,345 As the Amdt's quote dz"d not include installation costs, as was required in the quote specifications, it was disallowed. Gustafson moved and Ellingson seconded that the following resolution be adopted: RESOLUTION 98-97 SENIOR CENTER ,AIR CONDITIONER PURCHASE WHEREAS, the City has been requested by the Senior Center to replace a wall air conditioning unit in the East end of the Senior Center building, and WHEREAS, quotes were requested by the City for the replacement of said air conditioner, and WHEREAS, three quotes were received as follows: Berkner Plumbing & Air Conditioning $1,375, Arnd-t',s Plumbing & Heating $890, and Bill s Plumbing and Heating $1,345, and WHEREAS, Butch Mittaistaedt has an interest in Bill's Plumbing and Heating and is a sitting member of the Ortonville City Council, and NOW THEREFORE BE IT RESOLVED, that the Council of the City of OrtonvlUe determines that: 1) the quote of Bill's Plumbing and Heating in the amount of $1,345 is hereby accepted; 2) said contract pnce is as low as or lower than the pnce at which the air conditioner installation could be obtained elsewhere. Upon roll call v oe the following voted aye: Ellingson, uustafson, Hynnek, Elliott The following voted nay: none The following abstained: Mitteistaedt, Reinke The following was absent: Oakes Resolution 98-97 was passed this 6th del of July, 1998. einke moved and Mittelstaedt seconded and it passed unanimously to approve the minutes of the Senior Board of June 9, 1998 as presented. HEALTH CARE BOARD: Reinke moved and Gustafson seconded and it passed unanimously to approve the June 22nd Health Care Board minutes as presented. EDA BOARD: It was asked why the board had reSented minutes running back into dl at this time. Rainke said he did not know but would address and make sure future minutes were presented in a timely fashion. Hynnek moved and Ellingson seconded and it passed unaniffmusly to approve the minutes of the EDA Board meetings of Apdl 29, May 13, May 27, and June 10, 1998. SAFETY COMMITTEE: Discussion was held regarding a recommendation by the Safety Committee that the City be required to purchase prescription safety glasses and work boots for employees. Tom Dew, Safety Committee, was present to discuss the issue and told the Council that it had been an unwntten City policy for a number of years that the City would purchase prescription safety asses for employees every two years. e also noted that the committee had revised an earlier request for safety work boots for tree cutting to now one pair per department. The Council agreed that the boot purchase request would be acceptable. They then discussed further the safety glasses issue and Mittelstaedt moved and Elliott seconded and it was passed unanimously that the City would purchase non-corrective safety glasses for full time employees and that they would allow an equivalent dollar amount to be applied toward the purchase of corrective lens safety glasses for full time employees requinng such. Ellingson moved and Hynnek seconded and it passed unanimously to table the minutes of the May 28th Safety Committee. UTILITY COMMITTEE: A discussion was held regarding water services for duplex and triplex properties in the City. A request was received by the owner of a duplex to allow him to have only one meter for the property which in Ordinance 474 Part 2.01 Subdivision 2, requires separate meters for each partyin the building. Ellingson moved and Mittelstaedt seconded and it passed unanimously to allow the property at 716 & 718 Orchard Avenue to continue with a single meter and thereby be charged one monthly hookup fee. Ellingson then brought to the Council that Border States Electoal Supply had inspected the City s Electrical Substations and found that certain controls were damaged and out of production. It was moved by Mittelstaedt and seconded by Relnke and passed unanimously to authorize the repair of five reclosure controls at a cost of $16,350 and to transfer money from the Light Fund to cover said repair. Ellingson next mentioned that with the Street Improvement project now underway the City needs to ensure that only qualified and permitted contractors install sewer hookups for residents and to that . end moved and it was seconded by Reinke to publish in the Independent Ordinance 477 4.0 requiring permits for contractors not licensed by the State Dept. of Health. The motion passed unanimously. UNFINISHED BUSINESS: At 9:40 P.M. Donna Johnson, Lessee of the Municipal Golf Course Clubhouse, and Michael Polla, from the Alcohol Control Board, were present to discuss the ongoing issue of alcoholic beverages being allowed on the Golf Course. Mr. Polla handed out a copy of a relevant statute which he said made clear his position that Johnson could prohibit anyone from bdnging their own alcoholic beverages onto the Course. Ellingson pointed out that the City Attomey had advised the Council that their interpretation of the statute was that Johnson wasn't able to stop that activity. Gustafson brought up a concem over the lack of insurance coverage" on the Course by Johnson. Alter further discussion, Reinke moved and Ellingson seconded to allow Johnson two weeks to purchase insurance for the entire Course or she would be required to remove a sign along the Course driveway prohibiting consumption of alcoholic beverages not purchased from the Clubhouse. The motion failed with the following voting aye: Reinke, Ellingson The following voted nay: Elliott, Mitteistaedt, Hynnek The following abstained: Gustafson Absent: Oakes The swimming pool project was discussed next. A request by the contractor, MCC&R, for release of the roject retainage was reviewed. Ilingson moved and Mittelstaedt seconded and it passed unanimously that the retainage for the pool project would be released upon final inspection and approval by the State Dept. of Health. The next item discussed was the status of Riverside/'Horseshoe' Park. Reinke had received a letter from Dept of Health indicating that they would not issue a temporary permit for the annual trail rides at the Riverside Park. Ellingson moved and Mittelstaedt seconded and it passed, with Reinke voting nay, to offer an invitation to the trail ride association to have their annual event in Ortonille. NEW BUSINESS: The next item on the agenda was the swimming pool leveler. Tinldenberg told the Council that the automatic pool leveler had been out of operation for a number of years and the staff had maintained the level manually. With the reconstruction project the Dept. of Health inspected the pool and noted that a leveler must be 0nstalled to pass inspection. Tinklenberg reviewed several options and recommended a model to be sold and installed by MCC&R Pools as a change order to the onginal reconstruction contract with the City, at a total cost of $2,421. Reinke moved and Hynnek seconded that the following resolution be adopted: RESOLUTION 98-98 SWIMMING POOL CHANGE ORDER #6 BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville hereby approve change order #6 in the amount of $2,421 for the purchase and installation of a automatic pool leveler BE IT FURTHER RESOLVED that discretionary funds shall be used for said payment. Those voting aye: Gustafson, Hynnek, Elliott, Mittelstaedt, Reinke, Ellingson Those voting nay: None Absent: Oakes Resolution 98-98 was passed this 6th day of July, 1998. CITY ATTORNEY REPORTS & RECOMMENDATIONS: A suggestion made by the City Attorney was brought to the Council regarding the City Administrative Code. It 0s the Attorney's opinion that the Code should be updated and he asked that the Council consider moving forward with that project. Ellingson moved and Gustafson seconded and it passed unanimously that the City Attorney review and make recommendations for updating the Administrative Code. The Council was updated on the proposed ordinance to reduce the speed limit on the Peninsula to 15 mph. The first reading of said ordinance was in May. City Attorney advised that State Statute requires that the minimum speed limit in town except for school zones be 25 mph. The consensus of the Council was to leave the speed limit as is. CITY CLERK-ADMINISTRATOR REPORTS & RECOMMENDATIONS: A request to add the part time Senior Center Assistant/Custodian position to the City's pay equity program was presented. Rainke said that as we had just gotten certification of compliance we should wait one year to add the position. Reinke moved and Ellingson seconded and it passed unanimously to wait one year to add any positions to the City's pay equity program. Taffe asked for direction by the Council on a complaint received regarding City Boards contracting directly for services. Specifically, the Tree Board signed for bills for cement work done at the Gazebo at Neilsen Park. Ellingson requested that the Board provide a breakdown of costs for that project and show that the money was approved specifically for that project. Andhe furth tttstructed that no Board or Committee shall contract directly for product or services but insteadthat the department supervisor should be the purchasing agent. The Council was updated on the Hilltop Maintenance building. A rough estimate of improvement costs has been started and the Council asked to find out further if Cenex might sell their pole shed. Mittelstaedt moved and Ellingson seconded to authorize the City Clerk-Administrator to make an offer of $4,000 to Cenex for the purchase of their 50'x60' pole shed. ADJOURNMENT: There being no further business, Mayor Ellingson adjourned the regular meeting of the Ortonville City Council at 10:33 P.M. ATTEST: Roman C. Taffe City Clerk-Administrator APPROVED: David EIlingson Mayor Medicare is changing year after year, but one thing is certain. Medicare pays only part of your medical bills. You need supplemental coverage for those charges not covered, like deductibles and copayments. Our medicare supplement plans are , designed to fill those gaps. You're covered for emergendes and non- emergencies wherever they occu00 And no health history is required if you have enrolled in medicare part B and applied for coverage within 6 months of the date you enrolled. Our medicare supplement plans also let you see the doctor and hospi00 of your choice and give you up to a 21% nonsmokers discount. To find out more, contact the local agent listed below. TOM OAKES 25 NW Second Street Ortonvflle, MN 56278 839-2568 BlueC, BlueShield A me.bin, olr d Bk=e (me mind Blme Wm4d xA, mctmlio m  or  m Om m=l BIN Shta paum INDEPENDENT Page 11b