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

City of Bigfork

Regular Meeting February 13, 2007

Members Present: Mayor Amy Tendrup, Richard Salmi, Gene Rajala and Linda Koppelmann

Absent: Jean Lexvold

Also Present: City Engineer Julie Kennedy, Fire Chief Curt Snyder, Danny Johnson, Gene Madsen, Amy Pifher, Julie Aakhus, Boone Danielson, Tim & Anne Collins, Public Works Superintendent Chuck Almhjeld, Jim Manske, Al LaTrace, Lonnie Kacon and Robert Johnson

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. Amy Pifher stepped to the podium and read the following statement:

"For 2 years I witnessed Mark being harassed. People following him around while he was trying to do his job or sitting on main street taking little notes. I’m very proud of Mark for being the bigger man and ignoring all of this. When this didn’t work, these people found it necessary to harass his wife, which unfortunately did work.

While Mark was here, he had a very big job ahead of him and he just picked up a shovel and began to dig the city out of the mess it’s in, without a complaint. It would have been nice for EVERYONE to have worked with Mark and not against him.

When Mark left, Chuck came and picked up that shovel. Now I’m hearing that he’s being harassed also.

For 2 years as a council member and now sitting in the audience last month, I heard statements such as: “When Tom and I did the job” or “I used to do that by myself” or whatever the comment may have been to fit the situation. My point is that if the work had been done, or had been done correctly, the city would not be in the situation it is in today.

What needs to happen is for Chuck to be allowed to do his job, without council or joe public peering over his shoulder on a job telling him that he should or shouldn’t have done this or that. If council members feel it necessary that their presence is needed, stay back and keep your mouth shut. If you had wanted the job, you should have applied for it.

Now that’s two from the water/sewer dept that you’ve harassed right out of jobs, I hope you're proud of yourselves.

Last month Dick brought up the issue of the cracks in the runway. He said they should not have been filled that way, unfortunately it was the temporary “fix” we could afford. This was not a mistake, this is what council agreed on because the FAA was called in. The state inspector was not concerned with the runway and the temporary repair, he was more concerned with the brush.

To Chuck: Keep up the good work and don’t take any crap from anyone, stand your ground. Remember that your direction comes from the council as a whole and one council member can not direct. Lonnie is the Water/Sewer/Street commissioner. I would hope that if council members have a question or concern they would use the proper chain of command."

As there were no further public comments, Tendrup closed the public forum.

Tendrup called for any changes to the agenda. The Fire Department report was added immediately after the consent agenda.

Consent Agenda Salmi requested that Item #5 be removed from the consent agenda for further discussion.

#1- approval of the minutes of the January 9th regular and January 12th special City Council meetings

#2- approval of the City Clerk’s Office Report for January 2007

#3- approval of the Budget Report for January 2007

#4- approval of the Public Works Department report for January 2007

#5- removed for further discussion

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

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

Consent Agenda Item #5 - Claims: Salmi questioned the claim from Short-Elliott-Hendrickson and Storlie provided a detailed description of the charges which included work on the airport pavement maintenance project, the airport mound system, the Division Avenue assessment refunds, and the water/sewer ordinance updates. Salmi felt that the airport pavement maintenance project was not done completely. City Engineer Julie Kennedy stated that she was unaware of any incomplete aspects of the project. Salmi stated there were still cracks on the apron. Tendrup and Kennedy explained that the Council had determined that only the runway would be done at this time and that the project was completed as bid. Salmi had numerous concerns about the money being spent and stated that we need to keep the money in town. He questioned the claim from City Attorney Andy Shaw and Storlie reviewed that the bill was for work on a quiet title for the property that was sold to People's Telephone Company and for preliminary work on annexation. Salmi stated that Shaw was not authorized to begin looking into annexation and direction has to come to the Council before Shaw is involved. Tendrup reminded Salmi that the Council had passed a motion at the last meeting to have the Planning & Zoning Commission begin the process of annexation. Salmi disagreed. He next questioned the claim from Itasca County for contract plowing. Public Works Superintendent Chuck Almhjeld explained that is the one-time fee for plowing of City streets by the County for the 2006-2007 plowing season. Motion by Rajala to approve the claims paid in the amount of $50,491.99, including the January 12th and 31st payrolls and to approve the claims for payment in the amount of $75,590.56, seconded by Koppelmann, motion carried with Salmi opposing.

Fire Department: Fire Chief Curt Snyder was present with an update for the Council. He reported that the Fire Department has been working on keeping equipment updated and replaced. An enclosed trailer was donated by Homeland Security and the Department is working on getting it set up to transport tanks, equipment and gear. They have responded to a few calls so far in 2007. One new fireman is in Firefighter I training at this time. The Department is working on building up a kitty for more training. They are part of a program where they earn one dollar per hour of training attended to be put towards additional training. Snyder provided the Council with information on National Incident Management System (NIMS) training. This training is required by the Department of Homeland Security and the City is not eligible for certain grants until it is in compliance. Snyder reported that last year, the Fire Department had applied for a FEMA grant for new SCBA tanks. The application was immediately thrown out because the City was not NIMS compliant yet. He added that the entire Department will be taking NIMS training and elected officials and public works employees are required to have it as well. Rajala asked that they be notified of when the training will be so that they can plan to attend. Salmi asked sho would be doing the training and Snyder noted that an instructor would be brought in. Salmi stated that he had a relative that would do the training for free.

UNFINISHED BUSINESS:

Engineering Updates - Julie Kennedy: Kennedy began with an update on the airport mound system. She informed the Council that she had been contacted by numerous agencies including the Minnesota Pollution Control Agency (MPCA), Rural Development (RD) and Minnesota Rural Water Association (MNRW) with questions on the City of Effie's project and the City of Bigfork's possible involvement in it. She noted that a flag had gone up for these agencies due to the fact that there are three systems (Effie, Bigfork and Bergquist) in very close proximity to each other and they want to make sure the best solution for each entities' wastewater issues is the one that is chosen. Rajala stated that he didn't feel the City of Bigfork had any business working with the City of Effie on a joint project and did not feel that Kennedy should be answering any inquiries about this. Kennedy explained that she reported to each agency that has contacted her that any decisions are not up to her and the City of Bigfork is currently pursuing rehabilitation of the existing mound system at the airport. She simply wanted to notify the Council that she has not been working on the design of the mound system due to the nature of these calls. She does not want the City to spend money on a design if there is the possibility of the State stepping in and requiring us to look at other options. Tendrup agreed that the City could not afford to get involved with another project at this point and that the design of the mound should be put off for as long as possible while we wait and see if the State is going to contact us about the situation. Kennedy stated that she could put off work on the design for a few months, but reminded the Council that the MPCA has given the City until the end of 2007 to correct the issues. Rajala asked if it was an option to declare the mound a failed system and abandon it. Anne Collins stated that option should be looked into and if the City had a way out of this situation, they should take it. Salmi noted that there has been a lot of money invested in the project already and the City will not get reimbursed for any of these costs through grants if the project is not completed. Tim Collins questioned why the City had a mound system at the airport anyway. Lonnie Kacon offered a brief explanation of how the project had come about. He stated that Congressman Jim Oberstar had toured the Bergquist facility and learned of the wastewater problems they were having. He directed them to the US Army Corps of Engineers grant program. The grant had to be run through a government agency and the City of Bigfork chose to assist Bergquist at that time. Bergquist provided the 25% of the project costs that the US Army Corps grant did not cover. Bergquist also pays a $325 per month user fee in addition to a $50 per month fee for delivery of samples. Rajala stated that Oberstar should come back and fix the problem for us. Kennedy stated that he has assisted through an additional $160,000 grant through the US Army Corps for rehabilitation of the system. In addition to this grant extension, the City has sought and received other grant funds to cover the rest of the project costs. Anne Collins did not feel that Bergquist should have relied on the City in the first place to solve their wastewater problems and should have just installed their own system. Salmi was concerned that a mound system could not handle additional connections if other businesses were located in the area. Kennedy stated that, based on design flows, the system should be able to handle additional facilities. Salmi stated that a mound system is only good for 15 years and Kennedy pointed out that the MPCA had issued a written statement that, as long as it is properly designed, constructed and maintained, a mound would last just as long as a pond system. Kennedy concluded by saying that the Cities of Bigfork and Effie are not the ones initiating these discussions. They are coming from the MPCA, RD and MNRW and if those entities require us to prove that all alternative options have been investigated, we will have to comply. In the meantime, she will hold off on the mound system design for as long as possible.

Salmi stated that Itasca County should take over the airport.

Kennedy's second item for the Council was requesting permission to submit for the Iron Range Resources (IRR) application fund program. She reviewed that this program reimburses one-half of the costs incurred to apply for grants, up to a maximum of $3,500. We will be submitting for reimbursement of the full $3,500 for costs incurred applying for grants from the US Army Corps, Public Facilities Authority and IRR. Motion to direct Kennedy to submit the application to IRR by Salmi, seconded by Koppelmann, MCU.

Kennedy gave an update on the housing rehabilitation grant. She explained that the City is part of a cooperative grant application with the Cities of Coleraine, Bovey, Marble and Lawrence Lake Township. The application was submitted February 1st and results should be back in April.

Kennedy's final item was the 5-year project planning schedule. Council has been reviewing this list for the past month. Rajala stated we are in trouble with our wells and that item needs to be moved up to the top priority. We only have one well that we can rely on and if it goes down, the other one can't carry the town. Well #4 that was drilled in 1997 is simply a mess. Rajala wanted to contact Kelly Jorgensen at the Minnesota Department of Health (MDH) to see what needed to be done to get #4 up and running. He did not think it was a good idea to drill another well in the same aquifer as well 1 and 3 are in now. Rajala stated he and Almhjeld would look into the process and let Kennedy know what they decide should be done. Kennedy noted that she has not done any work on the wells due to the higher priority of the wastewater issues when she began as City Engineer. Salmi stated that the wells should be our first priority. Kennedy reviewed that funding takes 18 months if not longer to get in place so we need to know that far ahead of time which projects we are going to be working on. Salmi asked about putting a package water treatment plant by well #4. Kennedy noted that was the original plan for the well and there is documentation on it. Storlie reported that the City was supplied with a checklist from MDH on what needed to be done with well #4. She will pull this list from the file and provide Council with copies.

Rajala asked if Kennedy charged the City for drive time as well as meeting attendance. Kennedy stated that part of SEHs agreement with the City is that they never charge for meeting travel or attendance. That is all free of charge to the City.

Andy Shaw: The Council received a letter from City Attorney Andy Shaw requesting a motion to direct him and Mayor Tendrup to attend the next Bigfork Township meeting to discuss possible annexation with them. Salmi was concerned about the preliminary discussion that had taken place regarding annexation of the properties north of East Ottum Avenue. He felt that should wait until there were plans to service those properties with water and sewer. Motion to direct City Attorney Andy Shaw and Mayor Tendrup to attend the Bigfork Township meeting to discuss annexation plans for the Logger's Inn property only by Salmi, seconded by Rajala, MCU.

Tony Pifher Water Connection: Pifher was not present but Rajala commented that the City has ordinances and they need to be enforced. He did not know if Pifher had paid the connection fee or installed the meter but felt the City could not disregard the ordinance as far as enforcement any more than Pifher could disregard it. He stated that a bill for the connection fee should be sent and if the meter was not installed in a reasonable amount of time, the service should be shut off until it was.

Dave Schminkey - Skating Rink: Dave Schminkey sent word to the Council that he was requesting permission to continue the process of getting skating rink going on the City property located near the school. He asked for assistance in leveling the area from the City Public Works Department. Motion by Rajala to allow to Schminkey to continue work on the skating rink project, seconded by Koppelmann, MCU.

NIJPB Shortage Fee: Tendrup noted that this item had been tabled at the January meeting. Rural Community Coordinator Tim Johnson had provided a wealth of information for the Council on the establishment of the Northern Itasca Joint Powers Board (NIJPB) and the activities and accomplishments of the Board. Rajala stated that he had attended the last NIJPB meeting and was not impressed. He stated that the Board should not have counted on being able to pay for the Coordinator position before they were sure of all the funding. Tendrup stated that the shortage was due to a grant that had fallen through. She added that Rajala should not base his opinion of the Board on one meeting. She reviewed a list of projects that have come about because of the Board since 2001. The total value of the projects exceeded $27 million dollars. Tendrup pointed out that this number does not include the technical assistance and work of the Coordinator on projects such as the City website, hiring, requests for proposals, etc. She argued the value of the NIJPB in helping government entities work together for the good of the entire area. Salmi asked if the Board and Coordinator would be of any help to the City if the wells went down and we were out of water. Tendrup noted that the Coordinator may indeed be able to help with locating and applying for grants. Motion by Salmi, seconded by Koppelmann to pay the $350, motion carried with Rajala abstaining.

Loan for Repayment of Division Avenue Assessments: Tendrup reviewed the Council's decision at the January meeting to take out a loan to repay the Division Avenue assessments that were in error. She stated that the Council needs to think about where the money for the loan payments will come from. Rajala stated it would have to be put it in next years budget. Tendrup stated that payments will be due in 2007 that were not budgeted for. Salmi asked if there were any places in the budget to trim and Tendrup noted that had already been done by the budget committee. Storlie was directed to go forward with loan as previously determined.

NEW BUSINESS:

Gene Madsen: Madsen presented a drawing of a proposed metal statue of a river driver to be placed near the wannigan. He had this idea when he saw that the wannigan guest book showed 360 visitors in just two months. He has already secured $1,500 in donations toward the $6000 statue, as well as the donation of a virgin white pine. The log will be placed in a cement base that is shaped and colored to look like water. The total cost of the project will be about $7,000 and none of this would be a cost to the City. Madsen requested Council's permission to go ahead with this project. Motion to grant permission by Rajala, seconded by Koppelmann, MCU.

Personnel Committee Recommendations: The Personnel Committee presented recommendations to the Council as follows:

o To hire Joseph Zimmer as the Water/Wastewater/Maintenance Assistant pending the outcome of a background check and drug and alcohol testing

o To hire Clinton Sova as the Police Officer pending the outcome of a background check and drug and alcohol testing

o To hire Pat Richards as a backup/fill-in Police Officer pending the outcome of a background check and drug and alcohol testing

Rajala asked about hours and wages and Tendrup stated this had already been determined at the last meeting. The Water/Wastewater/Maintenance Assistant position was for less than 32 hours per week at $12.50 per hour. Salmi asked if Almhjeld was happy with this recommendation and he stated that he was.

Motion to hire Joseph Zimmer as Water/Wastewater/Maintenance Assistant by Rajala, seconded by Koppelmann, MCU.

Rajala stated that we need to look at requiring any future employees who are eligible for health insurance to contribute to the cost of it.

Motion to hire Clinton Sova as the Police Officer by Rajala, seconded by Salmi, MCU. Salmi asked if the squad car would be kept in town for Sova to pick up for his shifts and Tendrup replied that would be worked out between Sova and Police Chief Jon Babcock.

Rajala did not feel that a second part-time officer for backup/fill-in was necessary. Tendrup stated that she felt it was necessary for times that Sova wanted a weekend off or if he leaves in the near future for a full-time position elsewhere. Motion to not hire Pat Richards as a backup/fill in officer by Rajala, seconded by Salmi, MCU.

Criminal Prosecution Services: The Council received a proposal from Dimich, Swanson & Sterle to provide criminal prosecution services in 2007 for a flat fee of $1,000 Motion by Koppelmann seconded by Salmi to accept the proposal, MCU.

Replacement of Sign: The Council received a quote for replacement of the "Welcome to Bigfork" sign that was destroyed. The cost for replacement is $3,675. It was suggested that Storlie contact the insurance company to ensure the cost will be covered before any quote is accepted.

Bid on Raft: The Council received a bid on the swim raft that had been for sale over the summer. Rajala did not feel raft should be sold in the hopes that the beach could be staffed with a lifeguard sometime in the future. Motion by Koppelmann, seconded by Salmi to direct the Planning & Zoning Commission to invite Bigfork Township to discuss cooperative operation of the beach, MCU.

OTHER BUSINESS:

A request for a contribution of $150 was received from the Minnesota Highway 38 Leadership Board. Tendrup stated that this Board was instrumental in getting our streets improved. She added that alone as a City, we don't have much power in this aspect, but that this Board has tremendous influence over transportation funding decisions. Motion to give a $150 contribution by Salmi, seconded by Rajala, MCU.

Storlie presented Resolution 2007-04 which authorizes the Mayor and clerk to execute the IRR grant agreement for airport mound system rehabilitation. Motion to approve Resolution 2007-04 by Rajala, seconded by Koppelmann, MCU.

Storlie reported that the VFW was requesting permission to install flag holders on the Main Avenue light poles. Permission was granted in a motion by Koppelmann, seconded by Rajala, MCU.

Almhjeld had provided quotes on a new lawnmower that is needed for the Public Works Department. Rajala stated that the one we have is shot. Salmi felt now was the best time of year to buy to get a good deal. Motion by Rajala to purchase a new lawnmower, second by Salmi, MCU

Rajala stated that there is a lot of junk stored in the City buildings. He plans on piling it up this spring, letting residents take anything they can use, and having the rest hauled away. It was suggested that anything saleable should be put out during the annual 38-mile sale in the fall.

Mayor Tendrup adjourned at 8:02 p.m.

Angie Storlie

City Clerk/Treasurer