Newspaper Archive of
The Ortonville Independent
Ortonville, Minnesota
Lyft
October 12, 1999     The Ortonville Independent
PAGE 19     (19 of 28 available)        PREVIOUS     NEXT      Full Size Image
 
PAGE 19     (19 of 28 available)        PREVIOUS     NEXT      Full Size Image
October 12, 1999
 

Newspaper Archive of The Ortonville Independent produced by SmallTownPapers, Inc.
Website © 2019. All content copyrighted. Copyright Information.     Terms Of Use.     Request Content Removal.




20th day of September 1999. The Council next discussed the ic notices proposed restroom improvements and construction of a fish/game cleaning ' station at Riverside Park. Hynnek IOTICE FOR equests Bids on Work as River Streambank Section 16 - nge 46W MINNESOTA RIVER DISTRICT Source Due: By 4:00 p.m. on Ipper Minnesota River Office, 342 N.W. 2nd ilia, Minnesota 56278, and Classes of Work: from qualified General Construction ',inCludes furnishing of labor, Id equipment, and the t the following. Grade and FT of channel bank to n; Install 150 FT of tile with outlet; install stem consisting of gravel bedding, and of 126 FT. The )roximately .5 miles the U.S. Highway 12 Iocuments may be reviewed ;r: Upper Minnesota District Office, 342 Street, Ortonville, MN Security in form and in Instructions to ach Bid/Tender. be accompanied by a of Bidder's Bond Jpper Minnesota River in the amount of at of the total amount of the without check or bond to be award is made to the to execute a contract same. may not be w thdrawn lendar days after actual Bid/Tenders. right to waive any " to reject any or all Bidders is particularly uirements as to ,merit to be Rates to Contract. 1999 Upper Minnesota River Watershed District Dianne Radermacher (UMRWD Signatory) (oct. 5, 12, 1999) EDINGS OF 20, 1999 COUNCIL CHAMBERS 7:00 PM AND ROLL CALL: ion catled the reguter City Council to taken and the following d Reinke, Mike Dorry, Dan Oakes, Mary absent: none. Roman Taffe, Paul er Anderson, Gary ant: Ryan Stattelman, : Tracy Grossman, Michelle Moan, R D Amberg, Lynne Donna Johnson, Peterson, Mary McEwen, er, Suzette enda amendments Gustafson and and the motion did =sly to approve the amendments: New srside Bathroom project Ction Golf Shed rental approval National Day of AND ;man, OHS Student ', addressed permission a Homecoming Day buming permit for a Homecoming. Reinke seconded that a for October for a bonfire on approved, which motion archer, Ortonville )resent to discuss the of the the of a of Oakes moved and the motion to rescind.the ten- )urchaae and building. Meetingof September held at the BPaU rpose of nk building Kaercher Publications EDA Board President, uncil on the matter of ' for the EDA. Gustafson the motion passed the advertising for the EDA. asked the Council to I-term lease of the old Masonic Lod.e be more easdy and Elliott seconded be adopted: 99-93 LONG MASONIC LODGE  AUTHORIZING EDA Council of the that the le Masonic Lodge of Ortonville Is no IT IS the Council of the City Of Ortonville hereby relinquishes all Of its right title and interest in said 99 year lease of the upper floor of the former Masonic Lodge building and that the Mayor and City Clerk/Administrator are hereby authorized and directed to execute and deliver a quitclaim deed to the EDA of Ortonville. Upon roll call vote the following voted in favor: Elliott, Oakes, Hynnek, Dorry, Reinke, Gustafson, Ellingson, and the following voted against: none. Whereupon resolution 99-93 was declared approved and adopted this 20th day of September 1999. CONSENT AGENDA: Ellingson moved and Reinke seconded and the motion passed unanimously to approve the consent agenda with the followin 9 items pulled therefrom for further consideration: bills, Street Committee minutes, Park Board minutes. COUNCIL MINUTES: Ellingson moved and Reinke seconded and the motion passed unanimously that the September 7, 1999 minutes of the Counci/of the City of Ortonville are approved as presented. REPORTS/MINUTES OFBOARDS, COMMITTEES, COMMISSIONS: Ellingson moved and Reinke seconded and the motion passed unanimously that the September 3, 1999 minutes of the Planning Commission are approved as presented. Ellingson moved and Reinke seconded and the motion passed unanimously that the September 14, 1999 minutes of the Planning Commission are approved as presented. Ellingson moved and Reinke seconded and the motion passed unanimously that the variance requested by Paul R. Strong to construct a single car attached garage with a front setback of 13.2' is approved. Ellingson moved and Reinke seconded and the motion passed unanimously that the September 8, 1999 minutes of the EDA Board are approved as presented. Next the Park Board meeting notes were discussed. Tinklenberg updated the Council on the hockey rink relocation project. As there was not a quorum at the Park Board meeting there was no action necessary or taken on the meeting notes. Ellingson moved and Reinke seconded and the motion passed unanimously that the August 23, 1999 minutes of the OAHS Board are approved as presented. Oakes moved and Hynnek seconded and the motion passed unanimously that the September 16, 1999 minutes of the Street Committee are approved as presented. Next the Council discussed a sewer p&roblem in the alley between Jefferson Madison behind the Pizza Ranch. The three business share a private sewer line whidh has become plugged frequently and Michelle Moen from Korolrs Shoes requested that the City take over the sewer and repair or replace the line. Taffe and Anderson were instructed to resaarch the issues pertinent to the problem and report back .to the Utility Committee. Ellinson moved and Reinke seconded and the motion passed unanimously that the September 7, 1999 minutes of the Utility Committee approved as presented. UNFINISHED BUSINESS: Reinke offered the first reading of an ordinance implementing a 1.5% Lodging Tax. At 8:15 the Council discussed the purchase of five air conditioning units at the golf clubhouse. Ellingson moved and Hynnek seconded and the motion failed by a vote of five against and Ellingson and Hynnek in favor that the five air conditioners which had been in the clubhouse be reinstalled and that Donna Johnson take ownership of the new ones. Gustafson moved and Hynnek seconded and the motion passedsix to one with Ellingson voting against, that a committee comprised of Reinke, Dorry, Donna Johnson, the Golf Board, and attorneys representing the City and Johnson and for the purpose of crafting a recommendation to Council is hereby approved. NEW BUSINESS: Ellingson moved and Reinke seconded that the MPCA invoice in the amount of $2,115.00 for work on the '97 flood business buyout is hereby approved for payment by the UMVRDC from grant monies and said motion passed unanimously. Ellingson moved end Reinke seconded and the motion passed unanimously that the Minnesota Lawful Gambling AppUcatlon for Authorization of an Exemption from Lawful Gambling License is approved. Ellingson moved and Reinke seconded and the motion passed unanimously that David McLaughlin is authorized and directed to negotiate the business acquisition and relocation rogram on behalf of the City of rtonville. Elliott moved end Relnke seconded that the followingresolution be adopted: RESOLUTION 99-94 RESOLUTION AUTHORIZING WATER & SEWER UNE IMPROVEMENTS ALONG MAPLE STREET WHEREAS, economic development is of the utmost importance to the vitality of the City of Ortonville, and WHEREAS, certain businesses have expressed a desire to locate along Maple Street, and WHEREAS, the area along Maple Street is not currently served by municipal water and sewer. NOW THEREFORE BE IT RESOLVED by the Council of the City of Ortonville that the Clerk Administrator is hereby authorized to receive quotations for the water and sewer extension roject along Maple Street (=Project') ased on the plans and specifications as are consistent with existing water and sewer lines, such plans and specifications to be prepared by the Project engineer end that said Project is hereby approved up to a maximum cost of $15,000 with cost of Project to be ald by funds from the Public Works epartment. Upon roll call vote the following voted in favor: Elliott, Hynnek, Dorry, Reinke, Gustafson, EIIIngson, and the following voted against: none, and Oakes abstained. Whereupon resolution 99-94 was declared approved and adopted this presented plans for said buildings and stated that the plans were prepared by Banner Associates. Elliott moved and Ellingson seconded that the followingresolution be adopted: RESOLUTION 99-95 RESOLUTION HIRING BANNER ASSOCIATES TO DRAW PLANS & SPECIFICATIONS FOR RESTROOM AND FISH CLEANING BUILDINGS AT RIVERSIDE PARK BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville that Banner Associates is hereby authorized and directed to draw plans & specifications for restroom improvements and for the remodeling of the existing restrooms for the purpose of a fish cleaning building. Upon roll call vote the following voted in favor: Elliott, Hynnek, Dorry, Gustafson, Ellingson, Oakes, and the following voted against: Reinke. Whereupon resolution 99-95 was declared approved and adopted this 20th day of September 1999. Gustafson presented a request by David Larson that his daughter, Kelly, be allowed to rent a golf shed for the remainder of the season as she won the cart at the Oak Tree Classic and had no arrangements for winter storage. Gustafson moved and Elliott seconded that the following resolution be adopted: RESOLUTION 99-96 RESOLUTION APPROVING PARTIAL YEAR RENT OF GOLF SHED BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville that the request for renting a olf shed for the remainder of 1999 by elly Larson for the amount of $20 is hereby approved. Upon roll call vote the following voted in favor: Elliott, Hynnek, Dorry, Reinke, Gustafson, Ellingson, Oakes, and the following voted against: none. Whereupon resolution 99-96 was declaredapproved and adopted this 20th day of September 1999. Reinke moved and Hynnek seconded that the followingresolution be adopted: RESOLUTION 99-97 APPROVAL OF 1999 ELECTION JUDGES BE IT AND IT IS HEREBY RESOLVED, by the City Council of the City of Ortonville that the following list of citizens be hereby approved as election judges and ballot counters for the November 2, 1999 general election: Precinct 1 Judles Judges Glona Throndrud Jo Peterson Donna Leiferman Ora Mae George Madlyn Dybvig Audrey Trump Gen Davis Francis Fridgen Lois Pflueger - Bud Knippen - alternate alternate Counters: Counters: Marilyn Hanson Elnor Benkowski Pat Sester Jean Merritt Ruth Donais Donna Klitzke Carol Neuman - alternate Upon roll call vote the following voted in favor: Elliott, Hynnek, Dorry, Reinke, Gustafson, Ellingson, Oakes, and the following voted against: none. Whereupon resolution 99-97 was declared approved and adopted this 20th day of September 1999. Ellingson declared October, xx, 1999 as National Day of Remembrance for murder victims. John Larson asked the Council to allow the relocation of a street light to across the street from his house to allow reconstruction of a driveway. It was the consensus of the Council to allow the move, CITY CLERK-ADMINISTRATOR REPORTS & RECOMMENDATIONS: Y2K issues were discussed and an offer from Barr's Electric for rental of a generator to operate the fresh water well site was reviewed. It was the consensus of the Council to not rent a generator for the City wells. Pay for the Civil Defense director was discussed. Taffe was instructed to write a letter to the Civil Defense director informing him that the City would not be paying for that position. Gary Dinnel, Chief of Police, informed the Council that the police station roof has been leaking and that he had received quotes for replacement of the roof. He was instructed to look into a sloped roof option and report back on his findings. The Council was informed that the water plant had completed its 60th day of consecutive operation. It was the consensus of the Council to wait on aying remaining bills to Banner & oorhead Construction pendingreceipt of warranty extensions from USFilter. BILLS: Reinke moved and Elliott seconded and the motion passed unanimously that the bills presented for payment are hereby approved as presented. At 9:23 Donna Johnson again addressed the Council regarding her clubhouse lease agreement. She stated she believed the contract language called for a three-year renewal. She stated it is difficult to book toumaments and events for next year without knowing if she will be there at that time. It was the consensus of the Council to discuss the matter at the October 4, 1999 Council meeting. ADJOU RNMENT: There being no further business to come before the Council, Elliott moved end Hynnek seconded end the motion passed adjourning the September 20th meeting of the Ortonville City Council at 9:58 p.m. SPECIAL SESSION WEDNESDAY, SEPTEMBER 22, 1999 CITY COUNCIL CHAMBERS 9:00 AM CALL TO ORDER AND ROLL CALL: Upon adequate public notification Mayor Ellingson called the special meeting of the Ortonville City Council to order at 9:00 a.m. Roll call was taken and the following were present: Mike Dorry, Bill Hynnek, George Elliott, absent: Mel Reinke, Mary Gustafson, Dan Oakes. City Staff Present: Roman Tafle, Gary Dinnel, Robert Pflueger Media Present: Ryan Stattelman, Stacy Dammer Others Present: James Kaercher, Suzette Kaercher-Blake, Sara Kaercher AGENDA AMENDMENTS: The following agenda amendments were offered by Hynnek and seconded by Ellingson and the motion did pass unanimously to approve the following agenda amendments: Old Business. Riverside Par](]athroom & Fish Cleaning station Executive Session: For purpose of potential litigation and Attorney/Client privilege UNFINISHED BUSINESS: The Council discussed the purchase agreement offered to Sara Kaercher for the purchase by the City of the old Minnwest Bank building. James Kaercher addressed the Council and offered to lease the main floor of the building and the South one half of the to the City of Ortonville on a month to month basis. He stated that he would pay for improvements asked for by the City prior to their occupying the space. EIliott moved and Hynnek seconded that the motion of September 7, 1999 limiting the purchase offer time period to ten days be hereby rescinded. Upon vote, all council members present voted in favor. Eltingson then moved and Elliott seconded that the following resolution be adopted: RESOLUTION 99-98 RESOLUTION TO LEASE FORMER MINNWEST BANK BUILDING Be it and it is hereby resolved by the Council of the City of Ortonville that The City of Ortonville enter into a lease the main floor and South one half of the basement of the former Minnwest Bank Building from Sara Kaercher upon terms and conditions to be drafted by City Attorney's office.. Upon roll call vote the following voted in favor: Elliott, Hynnek, Dorry, Ellingson, and the following voted against: none, with the following absent: Oakes, Gustafson, Reinke. Whereupon resolution 99-98 was declared approved and adopted this 22nd dayof September 1999. Next, Hynnek addressed the Council regarding the proposed bathrooms and fish cleaning station at the Riverside Park. He showed engineered plans for a fish cleaning station and stated that he was going to contact Banner Engineering for bathroom plans. At 9:30 Ellingson declared that the Council enter into Executive Session for the purpose of discussing pending litigation and attorney/client privilege. At 10:40 a.m. Ellingson reopened the special meeting of the Council with no action having been taken pursuant to the executive session. Ellingson called a special meeting of the Council for Friday, September 24, 1999 at 12:00 noon at the City Council Chambers for the purpose of clubhouse equipment purchase and to review flood money allocations. ADJOURNMENT: There being no further business to come before the Council, Elliott moved and Hynnek seconded and the motion passed adjourning the September 22, 1999 meeting of the Ortonville City Council at 10:45 a.m. SPECIAL SESSION FRIDAY, SEPTEMBER 24, 1999 CITY COUNCIL CHAMBERS 12:00 NOON CALL TO ORDER AND ROLL CALL: Upon adequate public notification Mayor Ellingson called the special meeting of the Ortonville City Council to order at 12:03 p.m. Roll call was taken and the following were present: Mike Dorry, Bill Hynnek, George Elliott, Dan Oakes, Mel Reinke (arrived 12:11), absent: Mary Gustafson City Staff Present: Roman Taffe, Gary Dinnel, David McLaughlin Media Present: Ryan Stattelman, Stacy Dammer Others Present: Bruce Swigerd, Mona Strege, Mike Triplett UNFINISHED BUSINESS: Elliott moved and Hynnek seconded and the motion passed unanimously approving the disbursement of funds to business owners damaged by the 1997 flood and as funded by DTED Economic Zone grant monies as follows: Strege Auto $40,000; Berkner Plumbing $20,000; Ortonville Auto $20,000; Lundberg Construction $5,000. Next, the Council discussed air conditioners purchased by the golf course clubhouse manager. It was decided that the purchase of the five air conditioners violated the express terms of the signed lease of said clubhouse. Elliott moved and Dorry seconded that the City of Ortonville declares a breach of the lease contract between the City of Ortonville and Donna Johnson for not receiving authorization to purchase five air conditioners. Upon a voice vote the motion failed on a tie vote with the fol_10wing voting in favor: Elliott, Dorry, Oakes, and the following voting against: Ellingson, Hynnek, Reinke. Oakes moved and EUiott seconded and that the following resolution be adopted: RESOLUTION 9999 RESOLUTION DECLARING BREACH OF GOLF CLUB HOUSE CONTRACT WHEREAS, Donna Johnson ("Johnson") signed a lease with the City of Ortonville ("City") for the management of the Golf Clubhouse ( Clubhouse ), and WHEREAS, said lease is still in force and effect, and WHEREAS, said lease states that Johnson is required to obtain written authorization for repairs and maintenance items in the Clubhouse and notify City in event of fire and other damage to Clubhouse property, and WHEREAS, Johnson purchased five air conditioners from Bill's Plumbing & Heating (=Contractor") for the Club House without written authorization from City, and WHEREAS, the City believes that Contractor was not intentionally in violation of City's purchasing policy, and WHEREAS, City believes it is in the best interest of the customers of the Clubhouse to not disrupt the day to day operation of said Clubhouse. NOW, THEREFORE, BE IT RESOLVED that a breach of the lease signed by Donna Johnson is hereby declared. The remedy to cure said breach is hereby estabhshed to be the repayment to City in the amount of $250 for each of the five air conditioners purchased by Johnson. Payment to contractor for the purchase and installation of said air conditioners is hereby approved. City Attomey's office is hereby directed to serve notice on Johnsofi of the City's action in accordance with the terms of said lease. Upon roll call vote the following voted in favor: Hynnek, Ellingson, Oakes, Reinke and the following voted against: Dorry, Elliott. Absent: Gustafson. Whereupon resolution 99-99 was declared approved and adopted this 24th day of September 1999. ADJOURNMENT: There being no further business to come before the Council, Elliott moved and Hynnek seconded and the motion passed unanimously adjourning the September 24, 1999 meeting of the Ortonville City Council at 1:02 p.m. Roman C. Taffe, City Clerk-Administrator David Ellingson, Mayor PUBLIC NOTICE CLOSE PROXIMITY PROPERTY OWNERS AND LOCAL OFFICIALS BIG STONE COUNTY BOARD OF ADJUSTMENT Notice is hereby given that the Bi _q Stone County Board of Adjustment win hold public hearings on Monday, Oc!ober 25, 1999 to act on the following variance applications: Time: 9:00 A.M. For the property site of: Merrill F. Haukos and Joan A. Haukos Legal Description: Lot 13 of Bonanza Beach Addition to Bowmanza Grove, located in Section 18, Township 123, Range 48, being a part of Government Lots 2 and 3, according to the plat thereof now on file and of record in the Office of the Register of Deeds in and for the County of Big Stone, State of Minnesota. Location of Hearing: 16 miles north of Ortonville on Highway The variance request is from Sections 5.2.1.2.1. of the Big Stone County Shoreland Management Ordinance, 1993, and proposes a 14' x 22' addition onto a cabin resulting in an approximate 7' sideyard setback. Big Stone County Shoreland Management Ordinance, 1993, Section 5.2.1.2.1. specifies that no structure shall be placed less than 20 feet or 20 percent of lot width, whichever is least from a sideyard property line. A variance request from Section 5.7.2.2. of the Big Stone County Shoreland Management Ordinance, 1993, is also requested due to the close proximity to the neighbor's septic tank as well as their own. MN Rules Chapter 7080 Code requires 10' between the septic tank and any structure. The proposed structure would be 1' from the neighbor's tank and 8' from their own, both of which are located on Lot 13. Time: 9:20 AM For the property site of: Luverne Kienholz and Shirley Kienholz Legal Description: Lot A of Hippies Lakeside, located in Government Lot 3, Section 18, Township 123, Range 48 Location of Hearing: 16 miles north of Ortonville on Highway The variance request is from Sections 5.2.1.1. of the Big Stone County Shoreland Management Ordinance, 1993, and proposes to construct a storage shed on an existing foundation approximately 65 feet from the Ordinary High Water Level of Big Stone Lake. Big Stone County Shoreland Management Ordinance, 1993, Section 5.2.1.1. specifies that no structure shall be placed less than 75 feet from the Ordinary High Water Level on a general development lake ...... All persons interested may appear and be heard at said time and place, or submit views in writing or by representative. If you know of any interested property owner who, for any reason, has not received a copy of this notice, please inform him/her of the time end place of the hearing. Dated: October 6, 1999 By order of the Big Stone County Planning Commission Ronda Maas, Deputy Environmental Officer 20 SE 2nd Street Ortonville, MN 56278 (Oct. 12, 1999) NOTICE DISTRICT COURT EIGHTH JUDICIAL DISTRICT PROBATE COURT DIVISION STATE OF MINNESOTA COUNTY OF BIG STONE ORDER AND NOTICE OF HEARING ON PETITION FOR ADJUDICATION OF INTESTACY, DETERMINATION OF HEIRSHIP AND APPOINTMENT OF PERSONAL REPRESENTATIVE IN SUPERVISED ADMINISTRATION AND NOTICE TO CREDITORS ESTATE OF KENNETH HARTWELL, Deceased TO ALL INTERESTED PERSONS AND CREDITORS: It is Ordered and Notice is hereby given that on the 3rd day of November, 1999 at 8:30 o'clock a.m., a hearing will be held in the above named Court at Ortonville, Minnesota, for the adjudication of intestacy and determination of heirship andfor the appointment of Roy Hartwell, whose address is 8770 Westminster Drive, Colorado Springs, CO 80920 as personal representative of the estate of the above named decedent in supervised administration, and any objection thereto must be filed with the Court. That, if proper, and no objections are filed, said personal representative will be appointed to administer the estate, to collect all assets, pay all legal debts, claims, taxes and expenses, and sell real and personal property, and do all necessary acts for the estate. Upon completion of the administration, the representative shall file a final account for the allowance and shall distribute the estate to the persons thereunto entitled as ordered by the Court, and close the estate. Notice is further given that ALL CREDITORS having claims against said estate are required to present the same to said personal representative or to the Court Administrator within four months after the date of this notice or said claims will be barred. Dated: October 7, 1999 Gerald J. Seibel, Judge Diana Shelstad, Court Administrator R. D. SCHREINER Attomey P.O. Box 187 Ortonvilie, MN 56278 320-839-2551 Attorney Reg. No. 97597 (Oct. 12, 19, 1999) Prairie Five menu Reservations may be made by calling the Senior Center. When requesting a meal call the Senior Center the day prior to eating at 839- 3555 before 5 p.m. Tuesday, Oct. 12 Baked Chicken Breast, Baked Potato/Sour Cream, Buttered Beets, Cranberry Mold/Topping, Whole Wheat Bread Wednesday, Oct. 13 Meatloaf, Boiled Potatoes, Creamed Corn, Strawberry Shortcake, Whole Wheat Bread Thursday, Oct. 14 Swiss Steak, Mashed Potatoes, Wax Beans, Cookie, Assorted Bread Friday, Oct. 15 "Cook's Choice", Hotdish, Coleslaw, Fruited Jello, French Bread Monday, Oct. 18 Ham Balls, Sweet Potatoes, Calif. Blend Vegetable, Pudding/Topping, Rye Bread Tuesday, Oct. 19 Creamed Turkey, Baking Powder Biscuit, Peas, Fresh Fruit i H I ' III rll"ll ' ' 55 IS THE SPEED LIMIT... NOT AN AGE LIMIT!!! EXPERIENCE WORKS EMPLOYMENT may be able to help you if you are 55 or over and have limited income. We can pay for classroom training to help you find employment. Please call (320) 855-2440. EOE i i 4 SIZES OF STORAGE AREAS: I S'00ZO' "IO'xZO' "ZO'x20' "ZO'x30' i 12, ]999  INDEPENDENT Page 9b 20th day of September 1999. The Council next discussed the ic notices proposed restroom improvements and construction of a fish/game cleaning ' station at Riverside Park. Hynnek IOTICE FOR equests Bids on Work as River Streambank Section 16 - nge 46W MINNESOTA RIVER DISTRICT Source Due: By 4:00 p.m. on Ipper Minnesota River Office, 342 N.W. 2nd ilia, Minnesota 56278, and Classes of Work: from qualified General Construction ',inCludes furnishing of labor, Id equipment, and the t the following. Grade and FT of channel bank to n; Install 150 FT of tile with outlet; install stem consisting of gravel bedding, and of 126 FT. The )roximately .5 miles the U.S. Highway 12 Iocuments may be reviewed ;r: Upper Minnesota District Office, 342 Street, Ortonville, MN Security in form and in Instructions to ach Bid/Tender. be accompanied by a of Bidder's Bond Jpper Minnesota River in the amount of at of the total amount of the without check or bond to be award is made to the to execute a contract same. may not be w thdrawn lendar days after actual Bid/Tenders. right to waive any " to reject any or all Bidders is particularly uirements as to ,merit to be Rates to Contract. 1999 Upper Minnesota River Watershed District Dianne Radermacher (UMRWD Signatory) (oct. 5, 12, 1999) EDINGS OF 20, 1999 COUNCIL CHAMBERS 7:00 PM AND ROLL CALL: ion catled the reguter City Council to taken and the following d Reinke, Mike Dorry, Dan Oakes, Mary absent: none. Roman Taffe, Paul er Anderson, Gary ant: Ryan Stattelman, : Tracy Grossman, Michelle Moan, R D Amberg, Lynne Donna Johnson, Peterson, Mary McEwen, er, Suzette enda amendments Gustafson and and the motion did =sly to approve the amendments: New srside Bathroom project Ction Golf Shed rental approval National Day of AND ;man, OHS Student ', addressed permission a Homecoming Day buming permit for a Homecoming. Reinke seconded that a for October for a bonfire on approved, which motion archer, Ortonville )resent to discuss the of the the of a of Oakes moved and the motion to rescind.the ten- )urchaae and building. Meetingof September held at the BPaU rpose of nk building Kaercher Publications EDA Board President, uncil on the matter of ' for the EDA. Gustafson the motion passed the advertising for the EDA. asked the Council to I-term lease of the old Masonic Lod.e be more easdy and Elliott seconded be adopted: 99-93 LONG MASONIC LODGE  AUTHORIZING EDA Council of the that the le Masonic Lodge of Ortonville Is no IT IS the Council of the City Of Ortonville hereby relinquishes all Of its right title and interest in said 99 year lease of the upper floor of the former Masonic Lodge building and that the Mayor and City Clerk/Administrator are hereby authorized and directed to execute and deliver a quitclaim deed to the EDA of Ortonville. Upon roll call vote the following voted in favor: Elliott, Oakes, Hynnek, Dorry, Reinke, Gustafson, Ellingson, and the following voted against: none. Whereupon resolution 99-93 was declared approved and adopted this 20th day of September 1999. CONSENT AGENDA: Ellingson moved and Reinke seconded and the motion passed unanimously to approve the consent agenda with the followin 9 items pulled therefrom for further consideration: bills, Street Committee minutes, Park Board minutes. COUNCIL MINUTES: Ellingson moved and Reinke seconded and the motion passed unanimously that the September 7, 1999 minutes of the Counci/of the City of Ortonville are approved as presented. REPORTS/MINUTES OFBOARDS, COMMITTEES, COMMISSIONS: Ellingson moved and Reinke seconded and the motion passed unanimously that the September 3, 1999 minutes of the Planning Commission are approved as presented. Ellingson moved and Reinke seconded and the motion passed unanimously that the September 14, 1999 minutes of the Planning Commission are approved as presented. Ellingson moved and Reinke seconded and the motion passed unanimously that the variance requested by Paul R. Strong to construct a single car attached garage with a front setback of 13.2' is approved. Ellingson moved and Reinke seconded and the motion passed unanimously that the September 8, 1999 minutes of the EDA Board are approved as presented. Next the Park Board meeting notes were discussed. Tinklenberg updated the Council on the hockey rink relocation project. As there was not a quorum at the Park Board meeting there was no action necessary or taken on the meeting notes. Ellingson moved and Reinke seconded and the motion passed unanimously that the August 23, 1999 minutes of the OAHS Board are approved as presented. Oakes moved and Hynnek seconded and the motion passed unanimously that the September 16, 1999 minutes of the Street Committee are approved as presented. Next the Council discussed a sewer p&roblem in the alley between Jefferson Madison behind the Pizza Ranch. The three business share a private sewer line whidh has become plugged frequently and Michelle Moen from Korolrs Shoes requested that the City take over the sewer and repair or replace the line. Taffe and Anderson were instructed to resaarch the issues pertinent to the problem and report back .to the Utility Committee. Ellinson moved and Reinke seconded and the motion passed unanimously that the September 7, 1999 minutes of the Utility Committee approved as presented. UNFINISHED BUSINESS: Reinke offered the first reading of an ordinance implementing a 1.5% Lodging Tax. At 8:15 the Council discussed the purchase of five air conditioning units at the golf clubhouse. Ellingson moved and Hynnek seconded and the motion failed by a vote of five against and Ellingson and Hynnek in favor that the five air conditioners which had been in the clubhouse be reinstalled and that Donna Johnson take ownership of the new ones. Gustafson moved and Hynnek seconded and the motion passedsix to one with Ellingson voting against, that a committee comprised of Reinke, Dorry, Donna Johnson, the Golf Board, and attorneys representing the City and Johnson and for the purpose of crafting a recommendation to Council is hereby approved. NEW BUSINESS: Ellingson moved and Reinke seconded that the MPCA invoice in the amount of $2,115.00 for work on the '97 flood business buyout is hereby approved for payment by the UMVRDC from grant monies and said motion passed unanimously. Ellingson moved end Reinke seconded and the motion passed unanimously that the Minnesota Lawful Gambling AppUcatlon for Authorization of an Exemption from Lawful Gambling License is approved. Ellingson moved and Reinke seconded and the motion passed unanimously that David McLaughlin is authorized and directed to negotiate the business acquisition and relocation rogram on behalf of the City of rtonville. Elliott moved end Relnke seconded that the followingresolution be adopted: RESOLUTION 99-94 RESOLUTION AUTHORIZING WATER & SEWER UNE IMPROVEMENTS ALONG MAPLE STREET WHEREAS, economic development is of the utmost importance to the vitality of the City of Ortonville, and WHEREAS, certain businesses have expressed a desire to locate along Maple Street, and WHEREAS, the area along Maple Street is not currently served by municipal water and sewer. NOW THEREFORE BE IT RESOLVED by the Council of the City of Ortonville that the Clerk Administrator is hereby authorized to receive quotations for the water and sewer extension roject along Maple Street (=Project') ased on the plans and specifications as are consistent with existing water and sewer lines, such plans and specifications to be prepared by the Project engineer end that said Project is hereby approved up to a maximum cost of $15,000 with cost of Project to be ald by funds from the Public Works epartment. Upon roll call vote the following voted in favor: Elliott, Hynnek, Dorry, Reinke, Gustafson, EIIIngson, and the following voted against: none, and Oakes abstained. Whereupon resolution 99-94 was declared approved and adopted this presented plans for said buildings and stated that the plans were prepared by Banner Associates. Elliott moved and Ellingson seconded that the followingresolution be adopted: RESOLUTION 99-95 RESOLUTION HIRING BANNER ASSOCIATES TO DRAW PLANS & SPECIFICATIONS FOR RESTROOM AND FISH CLEANING BUILDINGS AT RIVERSIDE PARK BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville that Banner Associates is hereby authorized and directed to draw plans & specifications for restroom improvements and for the remodeling of the existing restrooms for the purpose of a fish cleaning building. Upon roll call vote the following voted in favor: Elliott, Hynnek, Dorry, Gustafson, Ellingson, Oakes, and the following voted against: Reinke. Whereupon resolution 99-95 was declared approved and adopted this 20th day of September 1999. Gustafson presented a request by David Larson that his daughter, Kelly, be allowed to rent a golf shed for the remainder of the season as she won the cart at the Oak Tree Classic and had no arrangements for winter storage. Gustafson moved and Elliott seconded that the following resolution be adopted: RESOLUTION 99-96 RESOLUTION APPROVING PARTIAL YEAR RENT OF GOLF SHED BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville that the request for renting a olf shed for the remainder of 1999 by elly Larson for the amount of $20 is hereby approved. Upon roll call vote the following voted in favor: Elliott, Hynnek, Dorry, Reinke, Gustafson, Ellingson, Oakes, and the following voted against: none. Whereupon resolution 99-96 was declaredapproved and adopted this 20th day of September 1999. Reinke moved and Hynnek seconded that the followingresolution be adopted: RESOLUTION 99-97 APPROVAL OF 1999 ELECTION JUDGES BE IT AND IT IS HEREBY RESOLVED, by the City Council of the City of Ortonville that the following list of citizens be hereby approved as election judges and ballot counters for the November 2, 1999 general election: Precinct 1 Judles Judges Glona Throndrud Jo Peterson Donna Leiferman Ora Mae George Madlyn Dybvig Audrey Trump Gen Davis Francis Fridgen Lois Pflueger - Bud Knippen - alternate alternate Counters: Counters: Marilyn Hanson Elnor Benkowski Pat Sester Jean Merritt Ruth Donais Donna Klitzke Carol Neuman - alternate Upon roll call vote the following voted in favor: Elliott, Hynnek, Dorry, Reinke, Gustafson, Ellingson, Oakes, and the following voted against: none. Whereupon resolution 99-97 was declared approved and adopted this 20th day of September 1999. Ellingson declared October, xx, 1999 as National Day of Remembrance for murder victims. John Larson asked the Council to allow the relocation of a street light to across the street from his house to allow reconstruction of a driveway. It was the consensus of the Council to allow the move, CITY CLERK-ADMINISTRATOR REPORTS & RECOMMENDATIONS: Y2K issues were discussed and an offer from Barr's Electric for rental of a generator to operate the fresh water well site was reviewed. It was the consensus of the Council to not rent a generator for the City wells. Pay for the Civil Defense director was discussed. Taffe was instructed to write a letter to the Civil Defense director informing him that the City would not be paying for that position. Gary Dinnel, Chief of Police, informed the Council that the police station roof has been leaking and that he had received quotes for replacement of the roof. He was instructed to look into a sloped roof option and report back on his findings. The Council was informed that the water plant had completed its 60th day of consecutive operation. It was the consensus of the Council to wait on aying remaining bills to Banner & oorhead Construction pendingreceipt of warranty extensions from USFilter. BILLS: Reinke moved and Elliott seconded and the motion passed unanimously that the bills presented for payment are hereby approved as presented. At 9:23 Donna Johnson again addressed the Council regarding her clubhouse lease agreement. She stated she believed the contract language called for a three-year renewal. She stated it is difficult to book toumaments and events for next year without knowing if she will be there at that time. It was the consensus of the Council to discuss the matter at the October 4, 1999 Council meeting. ADJOURNMENT: There being no further business to come before the Council, Elliott moved end Hynnek seconded end the motion passed adjourning the September 20th meeting of the Ortonville City Council at 9:58 p.m. SPECIAL SESSION WEDNESDAY, SEPTEMBER 22, 1999 CITY COUNCIL CHAMBERS 9:00 AM CALL TO ORDER AND ROLL CALL: Upon adequate public notification Mayor Ellingson called the special meeting of the Ortonville City Council to order at 9:00 a.m. Roll call was taken and the following were present: Mike Dorry, Bill Hynnek, George Elliott, absent: Mel Reinke, Mary Gustafson, Dan Oakes. City Staff Present: Roman Tafle, Gary Dinnel, Robert Pflueger Media Present: Ryan Stattelman, Stacy Dammer Others Present: James Kaercher, Suzette Kaercher-Blake, Sara Kaercher AGENDA AMENDMENTS: The following agenda amendments were offered by Hynnek and seconded by Ellingson and the motion did pass unanimously to approve the following agenda amendments: Old Business. Riverside Par](]athroom & Fish Cleaning station Executive Session: For purpose of potential litigation and Attorney/Client privilege UNFINISHED BUSINESS: The Council discussed the purchase agreement offered to Sara Kaercher for the purchase by the City of the old Minnwest Bank building. James Kaercher addressed the Council and offered to lease the main floor of the building and the South one half of the to the City of Ortonville on a month to month basis. He stated that he would pay for improvements asked for by the City prior to their occupying the space. EIliott moved and Hynnek seconded that the motion of September 7, 1999 limiting the purchase offer time period to ten days be hereby rescinded. Upon vote, all council members present voted in favor. Eltingson then moved and Elliott seconded that the following resolution be adopted: RESOLUTION 99-98 RESOLUTION TO LEASE FORMER MINNWEST BANK BUILDING Be it and it is hereby resolved by the Council of the City of Ortonville that The City of Ortonville enter into a lease the main floor and South one half of the basement of the former Minnwest Bank Building from Sara Kaercher upon terms and conditions to be drafted by City Attorney's office.. Upon roll call vote the following voted in favor: Elliott, Hynnek, Dorry, Ellingson, and the following voted against: none, with the following absent: Oakes, Gustafson, Reinke. Whereupon resolution 99-98 was declared approved and adopted this 22nd dayof September 1999. Next, Hynnek addressed the Council regarding the proposed bathrooms and fish cleaning station at the Riverside Park. He showed engineered plans for a fish cleaning station and stated that he was going to contact Banner Engineering for bathroom plans. At 9:30 Ellingson declared that the Council enter into Executive Session for the purpose of discussing pending litigation and attorney/client privilege. At 10:40 a.m. Ellingson reopened the special meeting of the Council with no action having been taken pursuant to the executive session. Ellingson called a special meeting of the Council for Friday, September 24, 1999 at 12:00 noon at the City Council Chambers for the purpose of clubhouse equipment purchase and to review flood money allocations. ADJOURNMENT: There being no further business to come before the Council, Elliott moved and Hynnek seconded and the motion passed adjourning the September 22, 1999 meeting of the Ortonville City Council at 10:45 a.m. SPECIAL SESSION FRIDAY, SEPTEMBER 24, 1999 CITY COUNCIL CHAMBERS 12:00 NOON CALL TO ORDER AND ROLL CALL: Upon adequate public notification Mayor Ellingson called the special meeting of the Ortonville City Council to order at 12:03 p.m. Roll call was taken and the following were present: Mike Dorry, Bill Hynnek, George Elliott, Dan Oakes, Mel Reinke (arrived 12:11), absent: Mary Gustafson City Staff Present: Roman Taffe, Gary Dinnel, David McLaughlin Media Present: Ryan Stattelman, Stacy Dammer Others Present: Bruce Swigerd, Mona Strege, Mike Triplett UNFINISHED BUSINESS: Elliott moved and Hynnek seconded and the motion passed unanimously approving the disbursement of funds to business owners damaged by the 1997 flood and as funded by DTED Economic Zone grant monies as follows: Strege Auto $40,000; Berkner Plumbing $20,000; Ortonville Auto $20,000; Lundberg Construction $5,000. Next, the Council discussed air conditioners purchased by the golf course clubhouse manager. It was decided that the purchase of the five air conditioners violated the express terms of the signed lease of said clubhouse. Elliott moved and Dorry seconded that the City of Ortonville declares a breach of the lease contract between the City of Ortonville and Donna Johnson for not receiving authorization to purchase five air conditioners. Upon a voice vote the motion failed on a tie vote with the fol_10wing voting in favor: Elliott, Dorry, Oakes, and the following voting against: Ellingson, Hynnek, Reinke. Oakes moved and EUiott seconded and that the following resolution be adopted: RESOLUTION 9999 RESOLUTION DECLARING BREACH OF GOLF CLUB HOUSE CONTRACT WHEREAS, Donna Johnson ("Johnson") signed a lease with the City of Ortonville ("City") for the management of the Golf Clubhouse ( Clubhouse ), and WHEREAS, said lease is still in force and effect, and WHEREAS, said lease states that Johnson is required to obtain written authorization for repairs and maintenance items in the Clubhouse and notify City in event of fire and other damage to Clubhouse property, and WHEREAS, Johnson purchased five air conditioners from Bill's Plumbing & Heating (=Contractor") for the Club House without written authorization from City, and WHEREAS, the City believes that Contractor was not intentionally in violation of City's purchasing policy, and WHEREAS, City believes it is in the best interest of the customers of the Clubhouse to not disrupt the day to day operation of said Clubhouse. NOW, THEREFORE, BE IT RESOLVED that a breach of the lease signed by Donna Johnson is hereby declared. The remedy to cure said breach is hereby estabhshed to be the repayment to City in the amount of $250 for each of the five air conditioners purchased by Johnson. Payment to contractor for the purchase and installation of said air conditioners is hereby approved. City Attomey's office is hereby directed to serve notice on Johnsofi of the City's action in accordance with the terms of said lease. Upon roll call vote the following voted in favor: Hynnek, Ellingson, Oakes, Reinke and the following voted against: Dorry, Elliott. Absent: Gustafson. Whereupon resolution 99-99 was declared approved and adopted this 24th day of September 1999. ADJOURNMENT: There being no further business to come before the Council, Elliott moved and Hynnek seconded and the motion passed unanimously adjourning the September 24, 1999 meeting of the Ortonville City Council at 1:02 p.m. Roman C. Taffe, City Clerk-Administrator David Ellingson, Mayor PUBLIC NOTICE CLOSE PROXIMITY PROPERTY OWNERS AND LOCAL OFFICIALS BIG STONE COUNTY BOARD OF ADJUSTMENT Notice is hereby given that the Bi _q Stone County Board of Adjustment win hold public hearings on Monday, Oc!ober 25, 1999 to act on the following variance applications: Time: 9:00 A.M. For the property site of: Merrill F. Haukos and Joan A. Haukos Legal Description: Lot 13 of Bonanza Beach Addition to Bowmanza Grove, located in Section 18, Township 123, Range 48, being a part of Government Lots 2 and 3, according to the plat thereof now on file and of record in the Office of the Register of Deeds in and for the County of Big Stone, State of Minnesota. Location of Hearing: 16 miles north of Ortonville on Highway The variance request is from Sections 5.2.1.2.1. of the Big Stone County Shoreland Management Ordinance, 1993, and proposes a 14' x 22' addition onto a cabin resulting in an approximate 7' sideyard setback. Big Stone County Shoreland Management Ordinance, 1993, Section 5.2.1.2.1. specifies that no structure shall be placed less than 20 feet or 20 percent of lot width, whichever is least from a sideyard property line. A variance request from Section 5.7.2.2. of the Big Stone County Shoreland Management Ordinance, 1993, is also requested due to the close proximity to the neighbor's septic tank as well as their own. MN Rules Chapter 7080 Code requires 10' between the septic tank and any structure. The proposed structure would be 1' from the neighbor's tank and 8' from their own, both of which are located on Lot 13. Time: 9:20 AM For the property site of: Luverne Kienholz and Shirley Kienholz Legal Description: Lot A of Hippies Lakeside, located in Government Lot 3, Section 18, Township 123, Range 48 Location of Hearing: 16 miles north of Ortonville on Highway The variance request is from Sections 5.2.1.1. of the Big Stone County Shoreland Management Ordinance, 1993, and proposes to construct a storage shed on an existing foundation approximately 65 feet from the Ordinary High Water Level of Big Stone Lake. Big Stone County Shoreland Management Ordinance, 1993, Section 5.2.1.1. specifies that no structure shall be placed less than 75 feet from the Ordinary High Water Level on a general development lake ...... All persons interested may appear and be heard at said time and place, or submit views in writing or by representative. If you know of any interested property owner who, for any reason, has not received a copy of this notice, please inform him/her of the time end place of the hearing. Dated: October 6, 1999 By order of the Big Stone County Planning Commission Ronda Maas, Deputy Environmental Officer 20 SE 2nd Street Ortonville, MN 56278 (Oct. 12, 1999) NOTICE DISTRICT COURT EIGHTH JUDICIAL DISTRICT PROBATE COURT DIVISION STATE OF MINNESOTA COUNTY OF BIG STONE ORDER AND NOTICE OF HEARING ON PETITION FOR ADJUDICATION OF INTESTACY, DETERMINATION OF HEIRSHIP AND APPOINTMENT OF PERSONAL REPRESENTATIVE IN SUPERVISED ADMINISTRATION AND NOTICE TO CREDITORS ESTATE OF KENNETH HARTWELL, Deceased TO ALL INTERESTED PERSONS AND CREDITORS: It is Ordered and Notice is hereby given that on the 3rd day of November, 1999 at 8:30 o'clock a.m., a hearing will be held in the above named Court at Ortonville, Minnesota, for the adjudication of intestacy and determination of heirship andfor the appointment of Roy Hartwell, whose address is 8770 Westminster Drive, Colorado Springs, CO 80920 as personal representative of the estate of the above named decedent in supervised administration, and any objection thereto must be filed with the Court. That, if proper, and no objections are filed, said personal representative will be appointed to administer the estate, to collect all assets, pay all legal debts, claims, taxes and expenses, and sell real and personal property, and do all necessary acts for the estate. Upon completion of the administration, the representative shall file a final account for the allowance and shall distribute the estate to the persons thereunto entitled as ordered by the Court, and close the estate. Notice is further given that ALL CREDITORS having claims against said estate are required to present the same to said personal representative or to the Court Administrator within four months after the date of this notice or said claims will be barred. Dated: October 7, 1999 Gerald J. Seibel, Judge Diana Shelstad, Court Administrator R. D. SCHREINER Attomey P.O. Box 187 Ortonvilie, MN 56278 320-839-2551 Attorney Reg. No. 97597 (Oct. 12, 19, 1999) Prairie Five menu Reservations may be made by calling the Senior Center. When requesting a meal call the Senior Center the day prior to eating at 839- 3555 before 5 p.m. Tuesday, Oct. 12 Baked Chicken Breast, Baked Potato/Sour Cream, Buttered Beets, Cranberry Mold/Topping, Whole Wheat Bread Wednesday, Oct. 13 Meatloaf, Boiled Potatoes, Creamed Corn, Strawberry Shortcake, Whole Wheat Bread Thursday, Oct. 14 Swiss Steak, Mashed Potatoes, Wax Beans, Cookie, Assorted Bread Friday, Oct. 15 "Cook's Choice", Hotdish, Coleslaw, Fruited Jello, French Bread Monday, Oct. 18 Ham Balls, Sweet Potatoes, Calif. Blend Vegetable, Pudding/Topping, Rye Bread Tuesday, Oct. 19 Creamed Turkey, Baking Powder Biscuit, Peas, Fresh Fruit i H I ' III rll"ll ' ' 55 IS THE SPEED LIMIT... NOT AN AGE LIMIT!!! EXPERIENCE WORKS EMPLOYMENT may be able to help you if you are 55 or over and have limited income. We can pay for classroom training to help you find employment. Please call (320) 855-2440. EOE i i 4 SIZES OF STORAGE AREAS: I S'00ZO' "IO'xZO' "ZO'x20' "ZO'x30' i 12, ]999  INDEPENDENT Page 9b