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

City of Bigfork

Neighborhood Meeting, Public Hearing and Regular Meeting December 12, 2006

Members Present: Mayor Amy Tendrup, Jean Lexvold, Richard Salmi, Amy Pifher and Lonnie Kacon

Absent: none

Also Present: Jim Manske, Boone Danielson, Tim & Anne Collins, Gene Collins, Julie Aakhus, Albert & Amy Tendrup, Warren & Caroline Welch, Stanley Marthaler, Tony Pifher, City Engineer Julie Kennedy, Gene Rajala, Al LaTrace, Bill Pifher, David Asher, Linda Koppelmann, Volunteer Police Officer Clint Sova, Police Chief Jon Babcock, Mike Olson, Rodney & Bonnie Lovdahl and Public Works Superintendent Chuck Almhjeld

Acting Mayor Pifher called the neighborhood meeting to order at 6:00 p.m. The meeting was being held to discuss the 1997 Division Avenue water/sewer project and assessments. Pifher read correspondence from City Attorney Andy Shaw who was unable to attend the meeting. He recommended that the City refund the assessments to those properties that should not have been assessed for the project. Gene Collins addressed the Council and stated there were only two places that should be refunded and those were Krachtts and him. He stated that the other properties could hook up to water and sewer if they wanted to at this time. Tendrup argued that connections for water and sewer were not brought to the property lines of these properties as the City is responsible to do. She clarified that she and her husband were not the ones driving this project. Anne Collins asked why City Engineer Julie Kennedy was directed to do a cost estimate on a project to run sewer and water to the properties and to calculate the refunds that should be given. Tendrup stated that it came up when Foss, the current owner of the Hill property, had contacted the City about hooking up to water and sewer. Recently, Krachtts had also contacted the City about this. A. Collins stated that at the time of the project Hills and Tendrups knew what the plan entailed and that they would be responsible for getting service from Division Avenue to their property when they wanted to hook up. She added that Hills had obtained quotes from Kongsjord and Casper for this work but had ultimately decided not to connect at that time and then they sold the property. She stated that if they misrepresented the property as having city water and sewer when they sold, that is not the City's problem and the City is not responsible to give them service.

Kennedy noted that Minnesota State law on special assessments is very clear-cut. The issue with this project is that the plans do not show services to those properties. G. Collins argued that the properties could have service. Kennedy explained that because the City did not provide hookups at the property line, as our ordinance states we will do, the properties should not have been considered benefiting properties and should not legally have been assessed for the project. That is why Shaw recommends refunding the assessment.

A. Collins wanted to know who would be responsible for the cost of providing service in the future if the refunds are given now. Kennedy stated that it would be treated like any new project in the City. The Council would have to receive a request for service from someone. The City would look at whether or not the project was feasible. If it was determined that the project was feasible, the City would follow the current special assessment policy which requires a 70-30 split. This means that the person requesting the service would be responsible for 70 percent of the cost of the project and the City would be responsible for 30 percent of it. In addition, the person requesting service is responsible for 100% of the cost of their own service lines.

Bonnie Lovdahl stated that she assumed everyone on Division Avenue was getting service and asked why that hadn't happened. Anne Collins stated that project was shorted and the money was used for a different City project.

The neighborhood meeting was adjourned at 6:35.

Mayor Tendrup called the public hearing on proposed delinquent water and sewer accounts to order at 7:00 p.m. Storlie provided a list of those accounts with past due balances. None of the property owners proposed to be assessed were present. Motion to certify the delinquent amounts to the Itasca County Auditor for payment with 2007 property taxes by Lexvold, seconded by Pifher, Motion Carried Unanimously (MCU).

Mayor Tendrup closed the public hearing and called the regular meeting to order at 7:02 p.m.

Public Forum: Tendrup asked anyone wishing to address the Council to do so at this time. There were no public comments to receive.

Tendrup called for any changes to the agenda. Motion by Lexvold, seconded by Pifher to approve the agenda, MCU.

Consent Agenda #1- approval of the minutes of the November 14th regular City Council meeting

#2- approval of the Police Report for November 2006

#3- approval of the City Clerk’s Office Report for November 2006

#4- approval of the Budget Report for November 2006

#5- approval of the Public Works Department report for November 2006

#6- approval of the payment of claims in the amount of $75,523.31 including the November 15th, 30th and annual payrolls

Motion by Lexvold to approve the Consent Agenda, seconded by Pifher. (MCU)

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

UNFINISHED BUSINESS:

Tony Pifher Water/Sewer Hookup: At the October 10th City Council meeting, the Council granted a $400 credit on the sewer connection fee to Tony Pifher due to the fact that there was no city sewer connection provided as there should have been. Pifher is now requesting that the additional $100 of the sewer connection fee and the entire $500 water connection fee be waived as well since the project had cost him much more than expected. Almhjeld stated that a connection permit was not obtained before the work was done. There was no meter installed on the water service and Pifher had hooked up to the wrong curb stop. These mistakes could have been avoided if he had applied for the appropriate permit before the work was done. Pifher is asking to be billed at the average users rate until spring when he would put in a meter. Almhjeld felt that a meter should be put in as our ordinance requires. He suggested reducing the water connection fee by $140 which is the approximate cost of installing a meter. Gene Rajala stated that if the City is not going to follow its own ordinances, there is no reason to have them. Tendrup agreed and reiterated that if the proper permit had been applied for, this issue wouldn't have arisen. Almhjeld noted that mistakes had been made on both sides but this would not happen in the future. A motion was made by Lexvold and seconded by Kacon. As there was much confusion on the intent of the motion, it failed with all opposing. Kacon asked if it was possible to install a meter at this time of year and Almhjeld assured him that it was. He added that he had a few other properties in town that needed meters and he planned on having a plumber come in and coordinate doing them all at once. Pifher's installation could be included in this to save him some money. Motion by Lexvold to follow City ordinance, collect the $500 water connection fee from Pifher, waive the remainder of the sewer connection fee ($100) and require Pifher to have a meter installed by coordinating with Almhjeld when the other meters were done, seconded by Kacon, MCU.

Julie Kennedy - Engineering Updates: The City received a pay request for the airport pavement project. The Council must approve this and send it to the Minnesota Department of Transportation (MnDOT) who will release the grant money so that the City can pay the contractor. The contractor reduced the unit price due to the fact there was overage on the amount of tar used. Kennedy recommended approving the final pay request. Salmi asked that the different entities donating to this project be stated and Storlie reported that Bergquist had donated $3,700 and Bigfork Valley Hospital had donated $1,000. This covers $4,700 of what the City is responsible for. Motion to approve the pay request from Bergman Companies by Pifher, seconded by Lexvold, MCU. Salmi asked if we could get Itasca County to cover the cost of filling cracks in the apron and taxiway since only the runway was done. Kennedy reported that she and Tom Foster, Senior Professional Specialist with Short Elliott Hendrickson Aviation Services flew in last Thursday and verified, as MnDOT had already suggested, that crack-sealing on the apron would be a waste of money. It is so far gone that it would be a better use of money to reclaim and repave it. It is not a safety concern at this point and should wait. We are updating our Capital Improvement Plan (CIP) to MnDOT and this item is listed on that plan. The plan calls for seal-coating on the runway next year and in four years or so, reclaim and redo the rest of the pavement. Foster assisted Kennedy, Storlie and Almhjeld in updating the CIP. Kennedy is requesting permission to submit the CIP. It is due on January 10th. MnDOT plans to have full funding on July 1, 2007 and we can anticipate that construction grants will then be available. We have to have our CIP in place in order to be eligible for these grant funds. Salmi asked if there was help from the federal government at all. Kennedy reviewed that we don't meet many of the requirements to gain federal funding; however we may qualify for a 95-5 split, as opposed to our current 80-20 split, because of our distance from any other FAA airport. Motion to authorize Short Elliott Hendrickson to submit the CIP on behalf of the City by Pifher, seconded by Salmi, MCU.

Almhjeld stated that they have found the source of the high phosphorus levels in the airport mound system. It is coming from eye wash stations in the Bergquist plant that are emptied into the sewer system. In a few more months we should have it under control and can go ahead with the mound system plans. Kennedy added that she couldn't start design on the mound system until the phosphorus was under control. Almhjeld reported that he has been invited to the City of Effie's January Council meeting to review their sewer plans and talk with them. He stated that, while Effie was currently going forward with their original sewer plans, it would be an option for Bigfork to pipe sewer to Effie and pick up Bergquist along the way. Kennedy will hold off on the mound system design but she needs to know by March if the mound system at Bergquist will go as a stand-alone project. If Effie has any intentions of coordinating a system with the City of Bigfork that could pick up Bergquist, the City of Bigfork needs to know by March. Almhjeld will report this to Effie in January.

Kennedy reviewed that the Council had received a memo from the Planning & Zoning Commission along with copies of proposed amended water and sewer ordinances. She spelled out the major changes being proposed. These changes include clarifications between City versus user responsibility, and determinations on correcting noncompliant multiple/shared services lines and incorrectly located curb stop boxes. Meters will now be read four times per year, however bills will continue to be sent monthly. In months that meters are not read, bills will be based on the average of the prior twelve months for that account. Bills will be due on the 20th of each month. The penalty for late payment will be eight percent and will apply to the total past due amount. A user whose water is disconnected for any reason will continue to pay the monthly base rates for both water and sewer. A user who is disconnected for nonpayment will be required to pay an $85.00 fee, in addition to all water and sewer charges, before service is turned back on. The permit fee for repairs needed on services will be $50. The City will pay for the initial water meter for a property and will replace it if it is not functional. If replacement is needed due to user negligence, the user will pay for the meter. Any user having a leak must report it to the City and the Public Works Superintendent will determine if a credit on the sewer bill is due.

Kennedy reviewed that the Planning & Zoning Commission is recommending that the Council pass this ordinance as amended. Motion to pass ordinance #131 by Lexvold, seconded by Pifher. Salmi wanted an opportunity to discuss the various changes and fees with the public. Tendrup noted that all fees were currently in place with the existing ordinance and the only one that was increasing was the reconnection fee for disconnection for nonpayment. She added that the Planning & Zoning Commission has been working on amendments to this ordinance for months and the public had ample opportunity to attend those meetings and participate. Tendrup called for a vote on the motion and it passed with Salmi abstaining. Motion to approve ordinance #130 setting fees and charges by Lexvold, seconded by Pifher, MCU.

Chuck Almhjeld: At the November meeting, the Council had granted preliminary approval for the use of the airport for a car event. Almhjeld has since learned that MnDOT does not recommend that the City allow closure of the airport for non-aeronautical activities. Due to this new information, a motion was made by Lexvold and seconded by Pifher to deny the request for use of the airport for this event, MCU.

Almhjeld reported that we are not having any luck getting anyone for the Casual Maintenance Laborer position. Because of this, and the cost of the County's contract grading and plowing going up, Almhjeld has talked with Mike Olson and gotten a quoted price of $75.00 per hour for these services. Almhjeld also reported that Mike Larson had offered to help with snowplowing for $10.50 per hour. Salmi wanted to table the issue until after the first of the year but Tendrup was concerned about snow removal between now and the next meeting. Almhjeld clarified that the City is still under contract with the County until April and they would continue to do the airport and select streets until then. Rajala asked why City employees could not complete the rest of the snow removal as they have done in the past. Tendrup explained that the job descriptions and work hours for the positions are not the same as they have been. In addition to that, the green plow truck is not in the best shape. Almhjeld stated that it would be fine to table the issue however people should understand that with only one person and truck to plow, it will take longer than they are used to for it all to get done. The issue was tabled until the January Council meeting.

Almhjeld stated that Water/Wastewater/Maintenance Assistant Mike Love would like to pursue obtaining his water and wastewater licenses. His job description states that he has to pay for the classes but Almhjeld feels that the City should pay for the training. Motion to approve the training at City expense by Lexvold, seconded by Kacon, MCU. Tendrup noted that the job description should be sent to the Personnel Committee for review.

Almhjeld stated that Kevin Peterson had come to him needing a meter that Mark Maki had promised him. Almhjeld provided the meter and Peterson is requesting that the City pay for a portion of the labor costs as the original meter was installed incorrectly. There were questions about who was responsible for the installation. Tendrup suggested tabling the issue and reviewing the ordinance. Motion to table by Lexvold, seconded by Salmi, MCU.

NEW BUSINESS:

Resolution 2006-25 - Adopting Final Budget and Levy: Storlie reported that nothing has changed since the preliminary budget was passed in September. Motion to approve by Pifher, seconded by Salmi, MCU.

Resolution 2006-26 - Adopting Wages and Salaries for 2007: Storlie noted that these wages are what is reflected in the budget approved with the previous resolution. Motion to approve by Pifher, seconded by Kacon, MCU.

Approval of Summary Budget Statement for Publication: Motion to approve by Kacon, seconded by Pifher, MCU.

Liquor License Application: Motion to approve the liquor license application for Bigfork Wilderness Bar by Pifher, seconded by Salmi, MCU.

City Hall Use/Sound System Policies: Tendrup stated that the City had received a request to use the sound system. The Planning & Zoning Commission had reviewed this and suggests having a policy on the sound system that is the same as the policy on the city's tent. A review of the City Hall use policy was done at the request of the VFW. A larger deposit will be required from those utilizing the newly remodeled kitchen and basement. Motion by Kacon, seconded by Pifher to approve the policy amendments as presented, MCU.

Resolution 2006-27 - Thanking Volunteers and Professional Assistants: Motion to approve by Pifher, seconded by Lexvold, MCU. Tendrup added that she would like to thank each of those listed in the resolution. The other Councilors echoed her thanks. A copy of the resolution is attached to these minutes as Appendix A.

Wannigan Visitors: Gene Madsen supplied the Council with information on visitors to the Wannigan. Since July 21, 2006 when a visitors book was placed in the Wannigan, 360 people from 89 different cities had signed in. Madsen had listed the cities. The Council was impressed with the number of visitors and the places they were from. Kacon suggested adding this list to the minutes. It is attached as Appendix B.

Donation Request: The Council received a donation request for the White Oak Classic Sled Dog Race. Storlie noted that there was no budget for donations. Motion by Pifher, seconded by Lexvold to have Storlie draft a letter explaining the City had no budget for donations and automatically send it out to anyone requesting one, MCU.

Experienced Officials Leadership Conference: The League of Minnesota Cities annual conference for experience officials is scheduled for January 12th and 13th. Salmi, Lexvold and Tendrup are unable to attend. Tendrup noted that it was budgeted for the newly elected officials to attend the conference for newly election officials. A motion was made by Salmi and seconded by Kacon to send the two newly elected council members to the training, MCU.

Mayor Tendrup adjourned at 8:34 pm.

Angie Storlie

City Clerk/Treasurer

Appendix A

Name Affiliation/Project

Jon Babcock Budget Committee

Scott Baker Bigfork Volunteer Fire Department

Bigfork Flying Club Mowing/Maintenance at Municipal Airport

Bigfork Volunteer Fire Dept. Various Assistance to City Public Works Department

Gus David Planning & Zoning Commission

George Eilertson Northland Securities, Financial Advisor

Andy Faltynek Bigfork Volunteer Fire Department

Jef Fisher Bigfork Volunteer Fire Department

Nan Fisher Bigfork Wilderness Celebration Committee

Dan Gregerson Bigfork Volunteer Fire Department

Don Gregerson Bigfork Volunteer Fire Department

Greg Griffith Bigfork Volunteer Fire Department

Janice Haley Main Street Flower Pots

Dan Holinday Bigfork Volunteer Fire Department

Mallory Johnson Bigfork Wilderness Celebration Committee

John Hoskins Bigfork Volunteer Fire Department

Tyrone Hubbard Bigfork Volunteer Fire Department

Danny Johnson Bigfork Volunteer Fire Department

Gail Johnson Bigfork Wilderness Celebration Committee

Joanne Johnson Main Street Flower Pots

Tim Johnson Northern Itasca JPB, Rural Community Coordinator

Lonnie Kacon Planning & Zoning Commission/Water-Sewer-Street Commissioner/Police Commissioner/Highway 38 Leadership Board Representative

Julie Kennedy Short-Elliott-Hendrickson, Engineer

Gordy Kinn Bigfork Volunteer Fire Department

Vance Koppelmann Bigfork Volunteer Fire Department

Pat Kremer Main Street Flower Pots

Mike Larson Bigfork Volunteer Fire Department/Personnel Committee

Jean Lexvold Personnel Committee/Parks & Recreation Commissioner/

Assistant Weed Inspector

John Licke Licke Law Firm, Personnel Attorney

Travis Lovdahl Bigfork Volunteer Fire Department

Gene & Nin Madsen General Volunteers/Main Street Flower Pots

Mark Maki Bigfork Volunteer Fire Department/Budget Committee

Kim Mann Bigfork Wilderness Celebration Committee

Stan Marthaler Bigfork Volunteer Fire Department

Ann McGarry Planning & Zoning Commission/Main Street Flower Pots

Minnesota Power Hanging of Bigfork banners and Christmas decorations

North Star 4H Club Flowers at City Hall

Dale Olson Bigfork Volunteer Fire Department

Gwen Olson Bigfork Wilderness Celebration Committee

Amy Pifher Bigfork Wilderness Celebration Committee/Budget Committee

Carol Pifher Bigfork Wilderness Celebration Committee

Ken Porter Bigfork Volunteer Fire Department

Andrew Pratt Fryberger, Buchanan, Smith & Frederick, Bond Counsel

Gene Rajala Budget Committee

Rick Rienhart Plowing at Municipal Airport

Ron Root Bigfork Volunteer Fire Department

Richard Salmi Cemetery Commissioner

Dave Schminkey Personnel Committee

Andrew Shaw Law Office of Shaw & Shaw, Attorney

Sherrie Sitz Main Street Flower Pots

Nick Skarich Northland Securities, Financial Advisor

Mary-Francis Skala Fryberger, Buchanan, Smith & Frederick, Bond Counsel

Curt Snyder Bigfork Volunteer Fire Department

Amy Tendrup Planning & Zoning Commission/Personnel Committee/

Budget Committee/Joint Powers Board Representative/

Bigfork River Board Representative

Joyce Thompson Personnel Committee

Carol VanNyhuis Personnel Committee

VFW Post #1764 Members Remodeling of City Hall

Chris Weidenhammer Bigfork Volunteer Fire Department

Jim Wetzel Mowing at Municipal Airport

Bob White Bigfork Volunteer Fire Department

WHEREAS, the above-named individuals have contributed to the City of Bigfork with various volunteer and professional services; and

WHEREAS, the City Council is appreciative of the volunteer efforts and professional resources provided by the individuals and commends them for their civic efforts,

NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Bigfork, Minnesota that the contributions are hereby accepted with gratitude on behalf of the Council, Staff and Community of Bigfork, Minnesota.

Appendix B

VISITORS TO THE WANNIGAN

On July 21 2006 Gwen Olson put a visitors sign in book in the Wannigan. From this date to the first part of November, the book showed 360 people had signed the book and made nice comments. The people were from 89 different cities, shown below.

ONTARIO OR.

NEVADA, MN.

BECKER, MN.

EAGLE, IDAHO

MAX, MN.

TWO HARBORS, MN.

BLOOMBERG, PA.

ST,PAUL,MN.

NEW BREITON, MN.

NEW YORK,NY

BOVEY, MN.

BELGRADE, MN.

CARLTON,MN.

TALMOON, MN.

ROSEVILLE,MN

EDENPRAIRIE, MN.

BLOOMINGTON, MN.

LITTLE CAN, MN.

GRAND RAPIDS,MN

BRYON, MN.

PARK RAPIDS,MN.

CLAREMONT, ILL.

TENN

CHISHOLM,MN.

FARIBAULT, MN.

MARCELL

CLIMAX, MN.

MAPLWOOD, MN.

CALUMET,MN.

ST MICHAEL,MN.

BLACK RIVER FALLS, WI.

WACECA, MN.

CHIPPEWA FALLS,W

DES PLAINES, ILL.

INTER.FALLS, MN.

DETROIT LAKE, MN.

FORT SIMPSON, NWT. CAN

MAHTOMIDIA, MN.

FLOWER MOUND,TX

ROSEVILLE, MN.

EAGON, MN.

NEDERLANS, CO.

COLERAINE, MN.

ST. CLOUD,MN.

OAKDALE, MN.

FRAZEE, MN.

LESTON, CAN.

GAYLORD, MN.

DES MOINES, IA.

FLORIDA

WINFIELD, MO.

ARIZONA

BUFFALO,MN.

SOUTH DAKOTA

INVER GROVE, MN.

RIVER FALLS, WI

WOODSTOCK, ILL.

STILLWATER, MN.

WHITEBEAR LAKE, MN.

DELAVAN, FL.

JACOBSON, MN.

ANOKA, MN.

FREEPORT, MN.

KENYON, MN.

ST, LOUIS PARK, MN.

BOWERVILLE, MN.

EDINA, MN.

SAUK RAPIDS, MN.

BEMIDJI, MN.

STANCHFIELD, MN.

VADNOIS HGTS, ILL.

CEDAR RAPIDS, IA.

ELK RIVER, MN.

NEW HAVEN, CONN.

OAK GROVE, ILL.

LECENTER, MN.

FARGO,ND.

WATERTOWN, MN.

WACONIA, MN.

FOSSTON, MN.

LESTER PRAIRIE, MN.

BAUDETTE, MN.

SOUTH HAVEN, MN.

SHOREVIEW, MN.

This information compiled by Gene Madsen 11/16/06