COUNCIL MEETING MINUTES LIBRARY MEDIA CENTER REGULAR MEETING 412 2 nd Street, Ortonville, MN Monday, August 21, 2017 5:00 P.M. CALL TO ORDER AND ROLL CALL: Hausauer called the Regular Meeting to order at 5:00 P. M. Roll Call was taken with the following present: J. Dorry, Sykora, M. Dorry, Hausauer, Berger, Radermacher, Roggenbuck. Absent: None. Staff present: Char Grossman, Susan Lundell, Jason Mork, Cody Hiepler, Kent Novak, Randy McLain, David McLaughlin, Vicki Oakes. Media: Mike Swenson (Independent). Other: Bill Powell, Becky Parker, Brent Olson, Gary Haugen, Pat Dwyer, Dianne Radermacher, Scott Simmons, David Michelson. AGENDA AMENDMENTS: None. PUBLIC PARTICIPATION AND CORRESPONDENCE: a. Dianne Radermacher-Upper MN River Watershed District 1. Resolution Approving Flood Damage Reduction Grant Assistance Program Application Upper MN River Watershed District Manager Dianne Radermacher asked the City to adopt a Resolution authorizing the City to act as legal sponsor for the project contained in the Flood Damage Reduction Grant Assistance Program Application (MN DNR Waters) for the Whetstone Restoration Project. The Project goal includes establishing hydrologic predictability to landowners adjacent to the restored portion of the historic channel and reducing flood damages on Big Stone Lake through the river restoration project. Radermacher stated this phase of the project was funded through a bonding bill under the State Flood Hazard Mitigation Grant Program in the amount of $1.8 million. Of the $1.8 million, a local share of $480,000 will be paid by the Upper Minnesota River Watershed District. Radermacher assured the City Council that the City will pay nothing for the project. City Attorney David McLaughlin disagreed and warned the Council not to sign the application as it could obligate the City to pay the full $7,000,000.00 of the project should it be completed in its entirety. Radermacher argued that the application does not obligate the City to pay anything. She stated once the application is received by the MN DNR an agreement will be mailed out to the City and at that time the agreement will show that the City will owe nothing on the project. Big Stone County Commissioner Brent Olson stated he was in support of the project as it will be an improvement to the area and will promote economic development. He stated few Cities receive funding from the State and encouraged the City to participate in the project. Gary Haugen, Secretary for the Upper MN River Water Shed District Board, encouraged the Council to apply for the grant. Becky Parker, President of the EDA, stated there is a need for the Project and also stated other Cities have applied for the Grant with no problem.
Ortonville City Council Meeting Minutes 08-21-17 Page 2 of 8 M. Dorry moved and Berger seconded that the following Resolution be adopted: Exhibit B RESOLUTION 17-61 Local Government Resolution BE IT RESOLVED that City of Ortonville, hereinafter referred to as the Applicant act as legal sponsor for the project contained in the Flood Damage Reduction Grant Assistance Program Application to be submitted on August 21, 2017 and (Month-Day-Year) that is hereby authorized to apply for the Department of Natural (Title of Authorized Official ) Resources for funding of this project on behalf of the Applicant. BE IT FURTHER RESOLVED that the Applicant has the legal authority to apply for financial assistance, and the institutional, administrative, and managerial capability to ensure adequate acquisition, maintenance and protection of the proposed project. BE IT FURTHER RESOLVED that the Applicant has the financial capability to provide any required matching funds. BE IT FURTHER RESOLVED that the Applicant has not incurred any costs, and has not entered into any written agreements to purchase property proposed by this project. BE IT FURTHER RESOLVED that the source of Applicant s matching funds shall not include other State funds. BE IT FURTHER RESOLVED that the source of Applicant s matching funds shall be $480,000 from the Upper Minnesota River Watershed District. BE IT FURTHER RESOLVED that the Applicant hereby pledges to complete the project or phase if it exceeds the total funding provided by the Department of Natural Resources and any required local match. BE IT FURTHER RESOLVED that the Applicant has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, the Applicant may enter into an agreement with the State of Minnesota for the above- references project, and that the Applicant certifies that it will comply with all applicable laws and regulations as stated in the contract agreement.
Ortonville City Council Meeting Minutes 08-21-17 Page 3 of 8 NOW, THEREFORE BE IT RESOLVED that the is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. I CERTIFY THAT the above resolution was adopted by the City Council of Ortonville on 08-21-17. (Applicant) (Date) SIGNED: (Signature) (Title) (Date) WITNESSED: (Signature) (Title) (Date) City Attorney McLaughlin stated he would not represent the City in the matter of the Flood Damage Reduction Grant Assistance Program for the Whetstone Restoration Project. A motion was made by M. Dorry and seconded by Roggenbuck and passed unanimously to hire Attorney Ben Wilcox of Benson to represent the City in the Flood Damage Reduction Grant Assistance Program for the Whetstone Restoration Project. CONSENT AGENDA: Hausauer asked if there were any additions, corrections, or deletions to be made to the Consent Agenda. a. *Approve Minutes Regular Council Meeting-08-07-17 b. *Approve Planning & Zoning Minutes-08-08-17 c. *Approve Street-Utility Committee Minutes-08-09-17 d. *Approve EDA Minutes-07-17-17 e. *Resolution Approving Airport Maintenance and Operation Grant Contract-2018-2019 f. *Resolution Approving 2017-18 Cooperative Purchasing Contract-Southwest-West Central Service Cooperative g. *Change Next Regular Council Meeting Day to Tuesday September 5 A motion was made by Berger and seconded by J. Dorry and passed unanimously to approve the Consent Agenda as presented. PUBLIC HEARINGS: None.
Ortonville City Council Meeting Minutes 08-21-17 Page 4 of 8 ACCEPTANCE OF BOARD AND COMMITTEE MINUTES AND, WHERE NECESSARY, COUNCIL ACTION ON THEIR RECOMMENDATIONS: a. *Planning & Zoning Minutes-08-08-17 (Consent) 1. Review Zoning & Land Use Ordinance and Zoning Map A motion was made by Radermacher and seconded by J. Dorry and passed unanimously to approve the 1 st reading of Ordinance 17-05 An Ordinance Adopting Zoning and Land Use Ordinances and Zoning Map provided the following sections are removed: Section 2.3.1 Large Lot Residential District (R1) and 2.6 Public/Quasi-Public District (PQP). 2. Resolution Adopting Rate Fee-Building Permit Extension The rate for extending the time for a building permit will be established with other rates at the end of the year. 3. Resolution Adopting Minnesota Building Code Regulations Berger moved and Radermacher seconded that the following Resolution be adopted: RESOLUTION 17-62 RESOLUTION APPROVING ADOPTION OF MINNESOTA BUILDING CODE REGULATIONS-BUILDING PERMIT START & FINISH TIMELINES BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville to approve adoption of Minnesota Building Code Regulations as they relate to building permit start and finish timelines as follows: Administration Chapter 1300; Section 1300.0120, Subp. 10. Time limitation of application. An application for a permit for any proposed work shall be considered abandoned 180 days after the date of filing, unless the application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Subp. 11. Validity of permit. The issuance or granting of a permit or approval of plans, specifications, and computations, shall not be construed to be a permit for any violation of the code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of the code or other ordinances of the jurisdiction are not valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official may also prevent occupancy or use of a structure that violates the code or any other ordinance of this jurisdiction. Subp. 12. Expiration. Every permit issued shall become invalid unless the work authorized by the permit is commenced within 180 days after its issuance, or if the work authorized by the permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official may grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
Ortonville City Council Meeting Minutes 08-21-17 Page 5 of 8 Upon roll call vote the following voted Aye: J. Dorry, Sykora, M. Dorry, Hausauer, Berger, Radermacher, Roggenbuck and the following voted Nay: None. Resolution 17-62 passed this 21 st day of August 2017. APPROVE: City Clerk Administrator b. *Street-Utility Committee Minutes-08-09-17 (Consent) 1. Authorize Sale of 3 Old Utility Pickups A motion was made by M. Dorry and seconded by Sykora and passed unanimously to authorize the sale of 3 old utility pickups. c. *EDA Minutes-07-17-17 (Consent) STAFF REPORTS: a. Police Chief Jason Mork introduced new Police Officer Cody Hiepler to the City Council. b. Char Grossman reported the Personnel Committee recommended the Council hire Scott Huizenga as Public Works Foreman. Hausauer moved and Sykora seconded that the following Resolution be adopted: RESOLUTION 17-63 RESOLUTION HIRING SCOTT HUIZENGA AS PUBLIC WORKS FOREMAN BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville to hire Scott Huizenga as Public Works Foreman as of October 1, 2017 on a 6-month probationary basis at Grade 8 Step 7 on the wage scale. Upon roll call vote the following voted Aye: J. Dorry, Sykora, M. Dorry, Hausauer, Berger, Radermacher, Roggenbuck. Nay: None. Resolution 17-63 passed this 21 st day of August 2017. APPROVED:
Ortonville City Council Meeting Minutes 08-21-17 Page 6 of 8 NEW BUSINESS: a. *Resolution Approving Airport Maintenance and Operation Grant Contract-2018-2019 (Consent) Berger moved and J. Dorry seconded that the following Resolution be adopted: RESOLUTION 17-64 RESOLUTION APPROVING AUTHORIZATION TO EXECUTE MINNESOTA DEPARTMENT OF TRANSPORTATION AIRPORT MAINTENANCE AND OPERATION GRANT CONTRACT It is resolved by the City of Ortonville as follows: 1. That the State of Minnesota Agreement No. 1028947, Airport Maintenance and Operation Grant Contract, at the Ortonville Municipal Airport is accepted. 2. That the and are authorized to execute this Contract and any amendments on behalf of the City of Ortonville. Upon Roll Call vote the following voted Aye: J. Dorry, Sykora, M. Dorry, Hausauer, Berger, Radermacher, Roggenbuck. Nay: None. Resolution 17-64 passed this 21 st day of August 2017. APPROVE: b. *Resolution Approving 2017-18 Cooperative Purchasing Contract-Southwest-West Central Service Cooperative (Consent) Berger moved and J. Dorry seconded that the following Resolution be adopted: RESOLUTION 17-65 RESOLUTION APPROVING COOPERATIVE PURCHASING SERVICES CONTRACT WITH SOUTHWEST WEST CENTRAL SERVICE COOPERATIVE BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville to approve entering into a Cooperative Purchasing Services Contract with the Southwest West Central Service Cooperative for the 2017-2018 fiscal year with the $50.00 fee being waived.
Ortonville City Council Meeting Minutes 08-21-17 Page 7 of 8 Upon Roll Call vote the following voted Aye: J. Dorry, Sykora, M. Dorry, Hausauer, Berger, Radermacher, Roggenbuck. Nay: None. Resolution 17-65 passed this 21 st day of August 2017. APPROVE: c. *Change Next Regular Council Meeting Day to Tuesday September 5 (Consent) d. J & J Construction-Request A motion was made by M. Dorry and seconded by Hausauer and passed unanimously to extend the J & J Earthworks Contract completion date for the 2017 Underground Utility and Street Improvements Project from September 1, 2017 to September 29, 2017. e. Potential Refunding of Existing Bonds-Ehlers Sykora moved and Berger seconded that the following Resolution be adopted: RESOLUTION 17-66 RESOLUTION AUTHORIZING REFUNDING OF EXISTING BOND ISSUES BE IT AND IT IS HEREBY RESOLVED by the Council of the City of Ortonville to authorize the to contact Ehlers to begin the refunding of the existing bond issue as follows: General Obligation Water Revenue Refunding Bonds, Series 2009A. Upon roll call vote the following voted Aye: J. Dorry, Sykora, M. Dorry, Hausauer, Berger, Radermacher, Roggenbuck. Nay: None. Resolution 17-66 passed this 21 st day of August 2017. APPROVED: UNFINISHED BUSINESS: a. Fire Pumper Truck Purchase Ortonville Fire Chief Randy McLain presented information regarding the proposed purchase of a new fire pumper truck.
Ortonville City Council Meeting Minutes 08-21-17 Page 8 of 8 A motion was made by Hausauer and seconded by Berger and passed unanimously to call for bids for a new pumper fire truck. CONSIDERATION OF BILLS: A motion was made by Berger and seconded by Sykora and passed to approve the bills as presented. NEW ACTIONS: None. EXECUTIVE SESSION: None. ADJOURNMENT: Meeting adjourned at 6:08 P.M. APPROVE: _