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

City of Bigfork

Regular Meeting August 14, 2007

Members Present: Mayor Amy Tendrup, Jean Lexvold, Gene Rajala, Linda Koppelmann and Dick Salmi

Absent: none

Also Present: Warren & Caroline Welch, Julie Aakhus, City Engineer Julie Kennedy, Public Works Superintendent Chuck Almhjeld, Lonnie Kacon, Dan Kinglsey, Danny & Angie Gregerson, Warren Wright, Jon Babcock, Jayme Rahier, Caleb Babcock, Jill Flom, Gene Collins, Tim & Anne Collins, Tranette Stevens, City Personnel Attorney John Licke, Mike & Wendy Gorham, Dave Waters, Jim Manske, Mike Bakke, Clarence York, Robin Custer, Farrell Gunelius, Bill Loosbrock, Pat Richards, and Harvey Moland

Mayor Tendrup called the meeting to order at 6:00 p.m.

Public Forum: Tendrup asked anyone wishing to address the Council to do so at this time. Gene Collis stepped to the podium and voiced his displeasure with the special meetings and changes in the course of action by the Council.

Tendrup called for changes to the agenda. Mike Gorham from Northwest Gas was moved to the top of Unfinished Business. Rajala wanted to discuss the recent water line break and that item was added under City Engineer Julie Kennedy's report. A liquor permit application and citizen petition were added to Other Business. Motion to approve agenda as amended by Koppelmann, seconded by Lexvold, motion carried unanimously (MCU).

Consent Agenda Salmi asked that the claims be removed for further discussion.

#1- approval of the minutes of the July 10th regular and July 17th special City Council meetings

#2- approval of the Police Report for July 2007

#3- approval of the City Clerk’s Office Report for July 2007

#4- approval of the Financial Report for July 2007

#5- approval of the Public Works Department report for July 2007

#6- approval of the annual performance review of City Clerk/Treasurer Angie Storlie as presented by the Personnel Committee

#7- approval of the Zoning Permit Application form for use as amended as recommended by the Planning & Zoning Commission

#8- approval of the connection license application from T&T Excavating as recommended by the Public Works Superintendent

#9- removed for further discussion

Motion by Lexvold to approve the Consent Agenda, seconded by Rajala, MCU

Copies of documentation relating to any consent agenda item are available at the City Clerk’s office.

Commissioners' Reports: Rajala reported that the appraisal on the 40-acre parcel adjacent to the cemetery had come back from Itasca County at $69,000. Salmi reported that he is interested in pursuing funding for hangars at the airport. He added that the runway was in good condition.

Consent Agenda Item #9: Salmi questioned claims from Short Elliott Hendrickson Inc. and Northern 2-Way Service. Motion to approve claims paid in the amount of $18,577.92 including the July 13th and 31st payrolls, and to approve the claims for payment in the amount of $19,200.77 by Rajala, seconded by Lexvold, MCU.

UNFINISHED BUSINESS:

Mike Gorham - Northwest Gas: Rajala and Salmi both reported making calls to facilities that Gorham currently works with and receiving good reports. Rajala stated that he had not had a chance to talk with the Fire Chief about the issue and suggested tabling the franchise ordinance again until he has a chance to do so. Gorham informed the Council that he would be willing to talk with the Chief and added that it is actually a requirement that he do so.

Julie Kennedy - Engineering Updates: City Engineer Julie Kennedy of Short Elliott Hendrickson Inc. first updated the Council on the airport mound system project. A meeting was held with representatives from the City, Bergquist, Minnesota Pollution Control Agency (MPCA), a professional soil scientist (PSS) and the funding agencies involved. The MPCA does not recommend attempting to rehabilitate the existing mound. Public Facilities Authority (PFA) funding is not accessible without MPCA approval of corrective action. MPCA and PSS feel a new system west of the entrance road may be a solution. Kennedy's proposed plan of action was to first verify that Federal Aviation Administration (FAA) regulations would allow a mound in that location. A licensed PSS/ISTS designer/inspector would then be hired to conduct soil characterization on the area and to determine the waste flowrate that the soil is capable of treating. Bergquist would then assess whether that flowrate is acceptable for them, now and in the future. If it is, the same PSS/ISTS designer/inspector would be hired to design the system and estimate the cost. The MPCA would be asked for approval of the plan and for modification to the permit for extension on corrective action period. The project would be bid in late fall/early winter and constructed next July/August with a licensed ISTS inspector hired for construction inspection. If the flowrate is not acceptable, Kennedy would prepare a cost estimate on utilizing existing tanks for storage and would investigate the possibility of seeking additional funds for corrective action/improvement project to pipe flow from Bergquist to the City sewer ponds. Kennedy informed the Council that there have been many forks in the road up until this point and we have exhausted all other options. She clarified a question regarding funding by stating that the City would not be required to pay back the funding received from the US Army Corps of Engineers as long as a solution was being worked toward. Had the City bailed out on the project a year ago, that would have been the case. We have since proven that no other solution is acceptable.

Motion by Rajala to appoint himself and Salmi as liaisons for this project, MCU.

Kennedy's next item was water and sewer rates for 2008. The Budget Committee has set the water and sewer expenditures budget and has recommended that Kennedy be directed to work on the rates as she has in previous years. Motion to allow this work by Koppelmann, seconded by Rajala, MCU.

Kennedy's next item was a water system improvement project. She reported that we know of a number of improvements and repairs that are needed at the water treatment plant and to water lines in the area. Her recommendation is to lump all of these needs together into one big project and to apply for grant money for it. She reported that with Storlie's and Almhjeld's permission, she had submitted an application to the Army Corps of Engineers Section 569 grant program. She requested permission to work with Almhjeld to define the necessary components of the project and pursue additional funding sources. The Council received a letter from Thien Well company with their recommendation that the City look for a new well location rather than attempting to rehabilitate either of the existing wells. This can be included in the water system improvement project. Motion by Koppelmann to allow Kennedy to set up a project, seconded by Lexvold, MCU. Almhjeld reported that there is another water leak near Kocian's. The plans for this area show that new pipe was to be installed in 1998 but it is apparent that was not done. Almhjeld reported that it would be very costly to replace the pipe at this time and suggested just repairing what was absolutely necessary and adding replacement of pipes in this area to the water system improvement project.

Kennedy's final item was the Airport Capital Improvement Plan (CIP). The Planning & Zoning Commission had discussed a desire to prepare sites at the airport for hangars and possibly to build public hangars. There is also a need for a plow truck for the airport. Kennedy noted that we update our CIP in December of each year and these items can be discussed at that time. She asked the Council to keep a list of any other items they would like to add or change on the CIP.

Police Department: Police Chief Jon Babcock stepped to the podium and outlined his past service to the City and the benefits of the current Police Department structure. The Council received a resignation notice from Police Officer Clint Sova. Motion to accept Sova's resignation by Rajala, seconded by Lexvold, MCU. Babcock expressed his desire to continue in his current position of Police Chief. Motion by Rajala to eliminate the position of Police Chief and re-post it as a full-time position, seconded by Salmi. City Personnel Attorney John Licke clarified that the general rule applied to making changes to job descriptions is that unless it is changed by fifty percent, it is not a new job, but an amendment to the current job. Tendrup called for a motion on the vote and it failed with Lexvold, Koppelmann and Tendrup opposing. Tendrup felt that the Council needed to take some time to determine what exactly they needed from the Police Department. She stated that the majority of the people she had talked to wanted "full-time", but their definitions of that varied greatly. Koppelmann did not want to be left without any law enforcement coverage by making a rash decision. Babcock reminded the Council that the Personnel Committee had made the recommendation to leave the Police Department structured as-is until the end of 2007. Tendrup noted that a new set up would possibly come about through the budgeting process for 2008. Motion by Tendrup to accept the Personnel Committee's recommendation to continue as-is until the end of 2007, while the 2008 budget is being worked on, and to allow Babcock to fill the open part-time officer position with licensed peace officers of his choice, as contracted workers, until the end of 2007, seconded by Koppelmann, motion carried with Rajala and Salmi opposing. Motion by Koppelmann to direct the Budget Committee to prepare numbers for a full-time and a casual/part-time position for 2008, seconded by Lexvold, motion carried with Rajala opposing.

Cemetery Land: Tendrup reviewed that the appraisal on the land adjacent to the cemetery came back quite high, as Rajala reported at the beginning of the meeting. She questioned if the Council would like to submit another request to the County for transfer of the land. Rajala reported that he would be in contact with Commissioner McLynn regarding the issue.

NEW BUSINESS:

Anne Collins: Collins presented two petitions for vacation of property. She included a map showing two twenty foot strips of land she is requesting vacation of. Tendrup noted that a public hearing would need to be held. Motion by Rajala, seconded by Koppelmann to accept the petitions and set a public hearing at the start of the September 11, 2007 City Council meeting, MCU.

Fire Relief Association: Storlie reviewed that the annual benefit amount will be increased to $2,100 and there will be no required municipal contribution for 2008. Motion to approve by Lexvold, seconded by Rajala, MCU.

Northern Star Co-op Propane Contract: Motion by Lexvold to contract for 4,500 gallons, seconded by Koppelmann, MCU.

Water/Wastewater Training: Motion by Tendrup to provide for training and licensure of the part-time public works department employee, seconded by Lexvold, MCU.

Request for Recognition of Union: Dan Kingsley from the International Unit of Operating Engineers Local 49 was present to address the Council. The Council had previously received notice that three employees have petitioned for union representation. Kingsley was present to answer any questions the Council may have at this time. He stated that he understood the City had already received clarification from the Bureau of Mediation that the "Order for Maintenance of the Status Quo" did not apply to the Police Department. Kingsley stated that there are a lot of common misconceptions about unions and he stressed the fact that everything is negotiable. He informed the Council that, should they choose to voluntarily recognize the union, no further involvement by the Bureau would be necessary and contract negotiations could begin. If the Council chooses not to do so, the Bureau would step in and conduct an election of the employees. If at least fifty-one percent of the employees petitioning for union representation voted in favor of continuing in the process, the Bureau would notify the City and require them to sit down to contract negotiations. Koppelmann asked if there were sample contracts available that the Council could review and Kingsley will provide those. Salmi also wanted information on the health insurance coverage provided by the union. Koppelmann felt the issue should be tabled until next month so the Council had a chance to review this information. Tendrup felt this unionization was inevitable as the three employees vying for union status were very serious about it and she feared putting off a decision that would affect the 2008 budget process. Kingsley pointed out that the contract negations do take some time and so it was not likely that firm numbers would be in place in time for inclusion in the 2008 budget. He stated that things can move forward fairly quickly, but we did not want to move so quickly that the Council was uncomfortable. No action was taken and the item will be added to the agenda for the September 11, 2007 meeting.

Reimbursement for personal cell phone use - Police Department: Storlie was directed to find out the exact amount being requested for the next Council meeting.

Personnel Committee Opening: Dan Infante submitted his resignation from the Personnel Committee, leaving the seat of business community representative open. Joey Jacobson has volunteered to fill the seat as she holds a supervisory position at Bigfork Valley Hospital. Motion to accept Infante's resignation and appoint Jacobson to the seat by Salmi, seconded by Koppelmann, MCU.

City Hall Bench: The VFW requested permission to place two new benches in front of City Hall and the VFW. Motion by Lexvold to grant permission, seconded by Rajala, MCU.

Burning Complaints - reminder of burning regulations: Storlie reported that she had received complaints regarding burning of garbage in City limits. Babcock provided a reminder that Minnesota State Statues prohibit this.

OTHER BUSINESS:

Motion to approve the temporary liquor license application for the Edge Center by Tendrup, seconded by Lexvold, MCU.

Tendrup recognized the submission of a petition in support of Jon Babcock as Police Chief.

Tendrup noted that a joint work session with the budget committee would be necessary. The work session was set for Wednesday, August 22, 2007 at 6:00 p.m.

Mayor Tendrup adjourned the meeting at 8:49 p.m.

Angie Storlie

City Clerk/Treasurer