DRAFT – These minutes are not official until approved at the next regular City Council meeting.

City of Bigfork

Regular Meeting August 10th, 2004

Members Present: Mayor Lonnie Kacon, Steve Grover, Jean Lexvold and Amy Tendrup Absent: Bob Zimmer Also Present: Dave Waters, Mark Maki, Julie Kennedy, Jon Babcock, Gary W. Schwersinski, Joyce Holsman, Hilda Kacon, Marilyn David, Delores Mathison, Paul Hanson, Andy Shaw and Marv Richards

Mayor Kacon called the meeting to order at 7:00 p.m. and announced the results of the July 19th, 2004 closed meeting. At the meeting, a performance review of City Clerk/Treasurer Angie Storlie was conducted. Storlie received 45 out of 45 points on her review and was granted a 4% pay increase effective August 1, 2004.

Consent Agenda Motion by Lexvold, seconded by Grover to approve the consent agenda as follows: #1- approval of the minutes of the July 19th regular City Council meeting #2- approval of the police report for July 2004, report is attached to the minutes as Appendix A #3- approval of the library report for July 2004 of 191 books checked out and 33 readers using the library #4- approval of the July 2004 budget report #5- approval of the Public Works Department report for July 20 through August 6, 2004, report is attached to the minutes as Appendix B #6- approval of the amendments to the job description for the position of City Clerk/Treasurer to make the position full time at 32 hours per week #7- approval of the annual fee of $75.00 for the once-monthly use of the City Hall by the Wilderness Wheels ATV Club, amount to be prorated for the remainder of 2004 #8- approval of the claims for payment in the amount of $43,046.63, including the July 30th payroll Motion Carried Unanimously, (MCU).

OLD BUSINESS:

City Attorney Andy Shaw was present with the purchase agreement for the sale of land to Peoples Telephone. Shaw required the signatures of the Mayor and Clerk to execute the agreement. He also asked for a motion authorizing the Mayor and Clerk to execute the deed once payment for the land has been made. Motion by Tendrup, seconded by Grover to authorize the Mayor and Clerk to execute the deed upon payment, MCU

City House: Shaw discussed the lease agreement for the City owned house on Ottum Avenue. Dave Waters, the current tenant of the house, stated that there is already a contract in place that carried over from when the DNR sold the house to the City. Storlie did not recall seeing such a document in the City records. Waters will look through his records to see if he can locate a copy of the contract. Shaw stated that if there is already an agreement in place, there is no need to draft another one. However, in the event that there is not one, the City will need to draw up a standard lease agreement on a month-to-month basis until such time as the Council decides to sell the house. Shaw stated that cities are not normally in the position of being a landlord. The Council agreed that it was time for the City to sell the property. Waters stated that he would like to purchase the house but could not afford the appraised value and thought that the appraisal was too high. He stated that the appraiser did not look in the basement or the garage. Shaw explained that the City is not required to sell for the appraised value, however the Council has an obligation to keep the best interests of the City in mind when making a decision. Waters stated that he is only able to borrow $42,000 from the bank. Shaw informed the Council that they could choose to do a contract for deed with Waters rather than having him go through the bank. Shaw questioned what amount of rent was currently being paid and what Waters could afford to pay monthly toward a house payment. Waters stated that he currently pays $200 a month for rent and could possibly afford $300 a month. Shaw did not feel that was a sufficient monthly payment on a $65,000 house. Shaw felt that the Council was obligated to start out at the appraised value and come down from there if there were no prospective buyers. He stated that the Council could first offer it to Waters, and then if he was unable or did not wish to purchase it, the Council could put it out on public advertisement. Shaw did not feel that the Council had any reason to sell it for less than appraised. Tendrup questioned if it would be wise to get a second appraisal of the property. The Council felt this would be a good step. Shaw will provide Storlie with names of some appraisers to choose from.

Engineering Updates: City Engineer Julie Kennedy was present to address the Council. She first gave a project summary of the Cedar Street water and sewer projects. Both projects are completed and both came in slightly under budget. Kennedy had final pay requests for those two projects, as well as the Cedar and Division culvert replacement, the LaTrace waterline relocation, and the Spruce Street sanitary and water service plug. Kennedy recommended payment of all five items. Motion by Tendrup, seconded by Lexvold to approve the payment of these items, MCU. Motion by Tendrup, seconded by Grover to pay for all five items with monies from the loan, MCU.

Kennedy’s next item was the sanitary sewer permit from the Minnesota Pollution Control Agency for the Cedar Street project. The permit was granted with special conditions that the City must show I & I reduction before connecting any new houses to the system. Kennedy explained that we have done this through the plug on Spruce Street and that she and Maki continue to work on this issue. She stated that the City would not likely be granted any more permits until substantial work has been done on the I & I problem.

Kennedy gave an update on the Legacy Development project. She is meeting this week to prepare a new concept plan and if all goes well, Legacy will be at the September Planning Commission meeting with a new preliminary plat for approval.

Kennedy has been in contact with Tony Carter, Itasca County Traffic Engineer, regarding the culvert on Division Avenue. He is well aware of the problem. The County did a traffic count on the road. Based on that count, and on the reports of the person who performs the grading of that road, this item is not on the County’s 2-year plan. Maki stated that he has talked with the County Garage and they have agreed to place reflective stakes to mark the edge of the road. Kennedy stated that continued communication with County Commissioner Cathrynn McLynn may help move this item up on the County’s priority list.

Kennedy’s next item was a proposal from Casper Construction for bituminous patches. This proposal is for the patches on Cedar Street and Division, and a small patch on Spruce Street and the cost is $7314. Kennedy recommends the approval of this project since the City was granted permission to work in the County right-of-way with the understanding that the road would be restored to the same or better conditions. The Council requested that Kennedy obtain more quotes for this project in the hopes of getting a lower cost from one of the contractors currently working in the area. Maki stated that the Public Works Department could do the small patch on Spruce Street themselves.

Kennedy’s final item was Division Avenue. Maki had the sewer televised and found that the “Y” connection is in fact on Collins’ property line. Kennedy stated that the City will need to install a new “Y” in the center of 3rd Street where it should have been. She questioned if the Council would like a feasibility report and proposal on this project or if they would like to hold off until the plans of the other property owners are known. Tendrup stated that she could hook her new house into her private system at this time if need be. Motion by Grover seconded by Lexvold to have Kennedy send a feasibility report up to the Mayor by the week’s end and to have him determine if immediate action should be taken, MCU.

Kacon had a final item involving Kennedy. The Bigfork School Alumni Association has been fundraising for a track facility for a number of years now. They would like to acquire a piece of tax-forfeit property that is adjacent to the current athletic facilities at the school. Kacon asked if the Council would like to purchase this tax-forfeit land with the understanding that the Alumni group would reimburse the City for the cost. The Alumni group would also like a survey of the property to address issues with drainage and City utilities. Motion by Grover, seconded by Tendrup to pursue the purchase of the land and to have Kennedy draw up a survey proposal, MCU.

Cedar Street Lot Sales: Paul Hanson of MN Lakeshore Properties was present to discuss a real estate agent contract with the Council. Hanson explained that we would have a standard contract agreement with a 7% commission. Hanson questioned what the process will be for accepting offers from prospective buyers. If full-price is offered, it can be accepted and executed by the Clerk and Mayor. If a lower offer is made, it will need to be considered by the Council as a whole. Motion by Lexvold, seconded by Tendrup to accept the contract from MN Lakeshore Properties and to authorize the Clerk and the Mayor to sign the necessary documents, MCU.

City Clerk Computer Quotes: Storlie presented two quotes for a notebook computer. The quote from Out of the Blue came in at $1611.38 and the quote from Dell came in at $1431.77. Kacon asked for Babcock’s opinion on the quotes. After allowing him time to compare them, the Council agreed with his opinion that the computer from Out of the Blue was a better deal due to the fact that it had a larger hard driver, better processor, high quality parts, a better warranty and customer service, and it included work on the old computer to make it usable for the Public Works Department. Storlie stated that there was not enough money left in her budget to cover the cost of the computer. Kacon felt that the issue should be tabled for a month to see what the financial situation is.

NEW BUSINESS:

Sign Permit Applications: Marv Richards was present to request a sign permit for Unger’s Southend Sales. Unger’s will be instaling lighted signage over the pumps on the existing sign base. Motion by Tendrup, seconded by Grover to grant the permit, MCU. Richards next requested a permit for a sign on the Splitting Mall for Out of the Blue. Motion by Lexvold, seconded by Tendrup to grant the permit, MCU. Richards next discussed the combination Hospital sign/reader board at the intersection of Hwy 38 and Golf Course Lane. The Edge Center for the Arts and the Catholic Church have agreed to pay for their signs. Richards is ready to put up those two and the main hospital sign. He presented a price quote to the Council for the reader board sign. The cost for this would be $1025. The Council would like to have the reader board installed, but does not have the money for it at this time. Motion by Lexvold, seconded by Tendrup to approve the concept of the sign, MCU. Storlie had one final sign permit application for Mike Caron for a sign for his business. Motion by Grover, seconded by Tendrup to grant the permit, MCU.

Preliminary review of 2005 budget and 2005 water and sewer rates: Storlie presented the preliminary 2005 budget for the Council’s initial review. She explained that not all of the departments have completed their budgets so some of the numbers will change. She will have firm numbers by the next Council meeting, at which time the proposed 2005 property tax levy will need to be set. Storlie also presented information on water and sewer rates for 2005. She explained that the City is now set up to review rates on a yearly basis. The water and sewer budgets for the upcoming year are taken into consideration when setting the rates for the year. More definite numbers for water and sewer will also be presented at the next meeting.

Land Use Permit Applications: Three applications for land use permits were received. John Jacobson’s application was for a 12’ x 20’ lean to addition to his existing garage. Motion by Tendrup, seconded by Grover to grant the permit, MCU. The second application was from Albert & Amy Tendrup for a new 32’ x 80’ manufactured home. Motion by Lexvold, seconded by Grover to grant the permit, motion carried with Tendrup abstaining. The final application was from Stan & Lynn Marthaler for the removal of a portion of their existing home and replacement with a two-story design. Motion by Lexvold, seconded by Tendrup to grant the permit, MCU.

Election Judge Appointment and Training: Storlie explained that the Council needs to appoint election judges to administer absentee ballots to people in the health care facility at the time of the election. Motion by Grover, seconded by Lexvold to pass the following resolution, MCU: RESOLUTION 8-10-2004 A RESOLUTION APPOINTING ELECTION JUDGES FOR THE 2004 GENERAL ELECTION WHEREAS, the City of Bigfork is a mail-ballot voting precinct, WHEREAS, the City of Bigfork has one or more healthcare facilities located within its boundaries, and is required to provide special outreach to those facilities for absentee balloting in the 2004 general election, WHEREAS, Minnesota Statutes require that the City Council appoint by resolution election judges for the 2004 general elections, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Bigfork, Minnesota, that the following individuals are appointed as election judges for the City of Bigfork for the 2004 general election for the purpose of administering absentee balloting to any and all healthcare facilities within the City of Bigfork: Angie Storlie – Head Judge Ann McGarry Marie Bertram Betty Vail Passed this 10th day of August, 2004

The Council also discussed paying mileage and wages to the judges for time spent training and administering ballots. Motion by Tendrup, seconded by Lexvold to pay standard mileage and time at $7.00 per hour for election judges, MCU. Storlie stated that in addition to election judge training, she was required to attend election administrator training. This training is being offered at no cost by Region I of the Minnesota Municipal Clerk’s and Finance Officer’s Association this Friday in Kelliher, MN. The Council granted permission for her to attend the training.

Election Filing Dates: The dates for filing for positions open in the 2004 election are August 24th through September 7th, 2004. Affidavits of candidacy may be picked up at the City Clerk’s Office.

LMCIT/OSHA Safety Training: The League of Minnesota Cities Insurance Trust is offering OSHA safety training in Grand Rapids on September 14, 2004. Storlie and Maki are interested in attending. The cost for the training is $15.00 per person. Motion by Tendrup, seconded by Lexvold, to send Storlie and Maki to the training, MCU.

OTHER BUSINESS:

Maki had obtained a quote from Casper Construction for the repair of the curb stop at Logger’s Restaurant& Bar. The quote was for $2300. He wanted to make the Council aware of what the cost would be to repair it at this time and stated that it could wait to be repaired until sometime in the future.

Storlie presented information on the Fire Relief Association. The municipal contribution for this year is $5000, however this amount was paid twice last year so nothing is owed at this time. The Association is planning to increase the annual benefit amount from $1100 per member to $1225 per member. The Council will need to approve this change. Motion by Lexvold, seconded by Tendrup to approve the increase of the annual benefit amount from $1100 to $1225 per member, MCU.

Storlie presented the propane contract from Northern Star Coop. Last year we contracted for 5000 gallons at $1.15 per gallon. This year the contract price is $1.19 a gallon. Motion by Lexvold, seconded by Tendrup to contract for 5000 again this year and authorize the payment of the contract, MCU.

Maki stated that the Public Works Department is stripping everything they want off of the old red truck and is requesting permission to sell it. Motion by Tendrup, seconded by Lexvold to allow the sale of the truck, MCU.

Kacon had contacted Schwartz Excavating as requested at the last Council meeting. Schwartz is still interested in participating in the JOBZ program, however this is a busy time of year for them and it is on the back burner for now.

There being no further business, Mayor Kacon adjourned the meeting at 8:55 p.m.

Angie Storlie City Clerk

These minutes are available on the City website at www.cityofbigfork.com. To sign up to receive the minutes by email, send your email address to ctyclerk@bigfork.net.

Appendix A

Bigfork Police Department Police Report July 2004

3 21:31 domestic argument adults, cedar street 6 19:21 assist other agency/st. louis county, riverside residence 7 13:21 no proof of insurance, south main avenue 8 11:15 trespass/private property, woodland terrace 9 12:29 stop sign, golf course road 9 18:37 reported dunk driver, river street 16 11:38 found lost property 16 13:59 suspicious person, mill road 23 03:18 intrusion alarm/business 23 21:50 illegal possession of tobacco/juvenile 24 14:09 speed, highway 14 24 22:35 domestic argument/adults, mill road 24 22:45 possession of marijuana/paraphernalia/tobacco, juvenile 24 22:45 illegal possession of tobacco/juvenile 30 21:10 attempt to locate, woodland terrace

Appendix B

Public Works Department Report July 20 – August 6, 2004

§ Met with MN Rural Water on water treatment plant § Repair broken window City Hall (rock) § Mow & weed eat City properties (36 man hours) § Move float in for swimming raft with help from diver from Fire Dept. (Don G.) § Cut dead trees at beach, safety hazard § Replaced alternator in red truck with used alternator (2 man hours) § Repair deck on Snapper mower (4 man hours) § Repair airport tractor mower deck § Order parts for airport wastewater system § Broken vanes air pump, warranty item § Door closer installed airport § Set up for fly-in breakfast, airport (garbage cans, tables) § Work on safety assessment list as per insurance (door signs, grinders) § Locates for hospital water and sewer lines § Locates for Division North & South § Dig up manholes for inspections, camera work and survey crew § Repair manhole #3, Division North, top casting 3” off manhole I & I problem § Manholes Division North 30” below road grade § Manholes Division South 18” below road grade § 2005 Budget § Seal roof above library § Met with County on culverts, North Division at creek crossing, will place markers around hazard areas, check on culverts § MN Rural Water camera service line Division South, grease and I & I problems 156’ in solid buildup 99’ in clean out leaking § Division North 36’ south of #4 manhole wye connection § Daily rounds completed § Weekend readings taken to compare usage