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city council minutes 7/17/2023

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Monday, July 17, 2023


The Regular Meeting of the City Council of the City of Olivia, Minnesota, was called to order by Mayor Hawkinson at 5:30 P.M.
Council Members Present: Jon Hawkinson, George Ebbers and Landon Padrnos.
Council Members Absent: Matt Baumgartner and Blanca Ferguson.
Others present: Mary Jo Halliday, Interim City Administrator, Aaron Walton, City Attorney; Jason Krumheuer, Police Chief; Darrin Lee, Flaherty & Hood; Jo Monson, Utility Accounts Manager; Ross Okins, Renville County Register; Jake Fejedelem, Olivia Public Library; Katianne Briese (via zoom), Sarah Rose Vasquez (via zoom) Google Pixel 7a (via zoom), Jasmine Miller, Deputy Clerk.


Mayor Hawkinson temporarily suspended the regular meeting and opened the public forum at 5:30 P.M. He clarified the amount of time allocated for public comments and the decorum expectations for those who participate in the Public Forum.

No public comments were offered so Mayor Hawkinson reopened the regular meeting at 5:31 P.M.

Motion by Padrnos, second by Ebbers: to approve the agenda with the addition of discussion item H, proposed pickleball project. Motion passed unanimously.
Motion by Ebbers, second by Padrnos: to approve the Consent Agenda. Motion passed unanimously.

• Regular Meeting Minutes of July 3, 2023
• Special Work Session Minutes of July 10, 2023
• Special Meeting Minutes of July 14, 2023
• Resolution 2023-69, Amending Resolution 2023-14, 2023 Data Inventory
• Agenda Item Request – Public Works Truck Repair
• Resolution 2023-70, Amending Resolution 2023-66, Authorizing Employment of Scott Forsman
• Resolution 2023-71, Annual Step Increase for Jo Monson
• General Service Agreement for HVAC system


Coalition of Greater Minnesota Cities
Darrin Lee provided an overview on the 2023 legislative session, highlighting increase in local aid, inflation adjustment and an update to the LGA formula change.
MN Municipal Power Association (MMPA) Approval of Extension
Monson returned to the Council to request a motion to reject the offer to sign an agreement with MMPA. Monson stated the PUC recommended the Council not sign at this time. Hawkinson clarified that the Council can motion to officially reject the offer and utilize this time to research other members. Padrnos challenged the request and asked if the City absolutely has to reject the offer, or if they can simply not respond. Monson explained the dynamics of the relationships between utility providers.
Motion by Ebbers, second by Padrnos: to: not sign the extension with MMPA and utilize the time to further analyze the proposed agreement with MMPA and other service providers. Motion does not pass.

Update Small Wireless Facility Collocation Agreement
Monson shared that the PUC met and decided on fees for the Small Wireless Facility Collocation Agreement as directed by Council at the previous meeting.
Motion by Padrnos, second by Ebbers: to approve the updated Small Wireless Facility Colocation Agreement. Motion passed unanimously.

Dent Meter for Water Wastewater Treatment Plant
Fejedelem informed the Council that the Technology and Sustainability committee is inviting a company to hook up a meter to the water treatment plant for a power conditioning system. If eligible it will be a good investment for the City. A test will first be run with a dent meter to determine if we are eligible.

2nd Reading of Ord. 2023-04, Amending Code Section 32.20 (D), SMART Team
Walton stated that these changes were requested by Chief Seehusen and no public comment was received regarding the updated ordinance.
A motion by Ebbers, second by Padrnos: to approve Ordinance 2023-04, Amending Code Section 32.20(D) SMART Team. Motion passed unanimously.

802 Walnut Ave E – Hazardous Property Discussion
Walton shared that the City received a complaint regarding the property and staff provided a report for Council regarding nuisance and safety concerns on the property. Walton asked for direction from Council. Padrnos suggested that staff send a letter to the property owner requesting that they remedy the property. There was consensus amongst the Council to direct staff to send a letter addressing the nuisance item to the property owner and prepare a resolution addressing the hazardous items for Council to pass at the next meeting.

City Hall Public Safety Building Project
Halliday shared that she has been advised by USDA to submit a request to USDA to allow the City to move forward with a Design Build Construction Manager. Marcus Construction is aware of the requirement and they will prepare the documents for USDA. Halliday explained that the USDA forms presented will need to be signed before they can start work for the City. Walton suggested the City also select the option of Litigation in a court of competent jurisdiction as a method of binding dispute resolution in addition to arbitration, on the Standard Form of Agreement, under section 12.2, Binding Dispute Resolution.
Motion by Padrnos, second by Ebbers: to approve the agreements with the amendment to select the box Litigation in a court of competent jurisdiction in Section 12.2, Binding Dispute Resolution, on the form titled Standard Form of Agreement Between Owner and Construction Manager as Constructor. Motion passed unanimously.

Pickleball Court
Hawkinson informed the Council that a local group has obtained engineer sketches for the potential construction of a pickleball court at Sunrise Park. Council reviewed the plans and Hawkins asked the Council to consider this investment.
No additional items or new business items were presented.

Corn Capital Days
Monson shared that volunteers were still needed; raffle tickets are available and the kiddie parade is canceled.

Parks & Trails
Hawkinson reviewed the minutes that were included in the packet.

Public Utilities Commission
Hawkinson shared that the PUC met on July 12th and discussed the Small Cell Wireless Facility Collocation Agreement and the MMPA agreement.

Other Reports of Council / Staff
Padrnos shared that a pool report was included in the packet.

No additional reports were presented.

• Halliday stated that it would be her last meeting, and thanked the Council for the opportunity. Halliday shared that Finance Director; Shawn Hanson would fill in as the Interim City Administrator until August 21st. The Council expressed gratitude to Halliday for her service.
• Hawkinson stated that a stop sign addition would be discussed at our next meeting.

No additional notices or communications were presented

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