City of Bigfork

City Council Regular Meeting February 9, 2010 6:00 p.m. City Council Chambers

Members Present: Mayor Roger Logdahl, Linda Koppelmann, Amy Pifher, Mike Stevens and Bob Zimmer

Members Absent: None

Also Present: Street Commissioner Gene Rajala, Water and Sewer Commissioner James Manske, Casual Maintenance Laborer Chris Manske, Kevin Hovila, City Engineer Mathew Pellinen, Al LaTrace, Ann McGarry, Public Works Superintendent Chuck Almhjeld, Dan Heinecke, Ed Yarbrough, Airport Commissioner Richard Salmi, Police Chief Jon Babcock and City Clerk/Treasurer Michael McKinney

Logdahl called the meeting to order at 6:05 p.m.

Results of the January 26, 2010 City Council Special Meeting Closed Session

Logdahl noted that the City Council held a closed session with the City Attorney and the Police Chief to discuss the Police Chief position. Stevens noted that the City plans to maintain one full-time position that will include school liaison and on-call hours. Logdahl noted that there will still be funds set aside for a part-time police position but that the Police Officer position will remain unfilled. He also noted that the Police Chief’s job description will also be changed to reflect items discussed during the closed session.

Public Forum

Gene Rajala provided a summary of the time cards for the Public Works Department. He felt that the employees in that department were working more hours than necessary. He also felt that the City should review its on-call policy and look to institute a call-out policy instead. He also felt that the City’s Police Report should be published in the meeting minutes or the Western Itasca Review.

Logdahl noted that the City should review its on-call policy when union contracts are renegotiated later this year.

As no other individuals wished to address the Council, Logdahl closed the public forum at 6:15 p.m.

Agenda

Logdahl noted that the closed session agenda item should be reworded to remove language regarding discipline. He felt that this item as written does not convey an accurate tone of what will be discussed. Stevens asked if the City can still take action on what is discussed in the closed session if this language is removed. Logdahl stated that the Council can take whatever action is necessary and that for the sake of publication this language does not need to be included in the agenda.

Motion by Stevens, second by Zimmer, to approve the updated agenda as amended, motion carried unanimously (MCU).

Consent Agenda

Motion by Zimmer to approve the Consent Agenda as follows:

Item #1 approval of the minutes of the January 12, 2010 regular City Council meeting Item #2 approval of the Police Report for January 2010, including the following incidents: (1) Dog Bite (1) Snowmobile Other (1) Ambulance Call (1) Sex Assault Juvenile Female (2) Sexual Other (1) Threats Other (1) Harassing Call (1) Harassment Other (1) Theft From Home/Private (3) Theft From Building/Garage (1) Theft From Business/Yard (2) Drugs/Possession GM-FE (1) Drugs/Sell (1) Assist/Other (2) ATL-Death Message/Welfare Check (1) Public Assist Item #3 approval of the City Clerk’s Office Report for January 2010 Item #4 approval of the Financial Report for January 2010 Item #5 approval of the Public Works Department Report for January 2010 Item #6 approval of Claims Paid in the amount of $28,499.93 including the January 15th and 31st net payrolls and net vacation payrolls and approval of Claims for Payment in the amount of $36,078.69.

Logdahl noted several discrepancies he discovered in the Financial Report for January.

Pifher questioned the fees charged by the City Attorney. Zimmer asked if the City Attorney had any involvement in the land condemnation at the airport. City Clerk/Treasurer McKinney noted that he had little involvement in the condemnation. Stevens noted that the majority of that invoice comes from his attendance of two City Council meetings.

Stevens asked if the minutes from the January 26 special meeting were available yet. City Clerk/Treasurer McKinney noted that it was not available when Council packets were sent out.

Motion seconded by Koppelmann, MCU.

Commissioner’s Reports

Street Commissioner Gene Rajala announced his resignation from this position.

Airport Commissioner Richard Salmi provided his report. He informed the Council that he did order the airport closed on January 27, 2010 and outlined his reasons for doing so. He stated that the previous Airport Manager had closed the airport in the past under similar conditions. He also noted that he spoke to the manager of the Grand Rapids airport, who told him that the runway in Grand Rapids was icy but that they had the equipment to improve the runway. Salmi noted that the airport in Bemidji was also closed that day. The Grand Rapids airport manager told him that he would not have opened the airport that day under those conditions. Salmi was also concerned about snow piles at the ends of the airport runway, which becomes difficult to remove when it has a chance to freeze. He also noted that the entryway to the airport had not been cleared of snow recently.

Stevens noted that Salmi was not the airport manager and added that the Airport Manager did take action to check icing on the runway. He also noted that the decision as to whether to land was taken from the pilot’s hands when the airport was closed. Stevens also felt that Salmi had circumvented the rules by ordering the airport closed without the knowledge of the Airport Manager and felt that the issue in this case was a failure to communicate. Logdahl noted that a protocol for closing the airport is not currently in place.

Water and Sewer Commissioner James Manske provided his report. He noted that the mixer has been installed in the water treatment plant and that the mixer was so plugged that water could not pass through it in any volume. He also noted that the pipe leading to the tower was also cleaned out. Logdahl asked what the water pressure was at the hospital. Manske did not know but stated that the pressure at the plant was about 75 pounds, while the pressure from before the mixer was replaced was around 20 pounds. Logdahl noted that he had gotten complaints about cloudy water from residents. Manske stated that this was the result of air bubbles in the water. He also noted that it will take several days to get the water quality back to where it should be. He added that the Public Works staff was cleaning snow from around fire hydrants in the City. Manske thanked Robert Zimmer for his assistance with replacing the mixer at the water treatment plant.

Parks and Recreation Commissioner Amy Pifher did not provide a report.

Cemetery Commissioner Mike Stevens did not provide a report. Logdahl asked if the road in the cemetery has been cleared of snow. Pifher noted that it has been cleared.

Annual Insurance Renewal

Pifher asked that this item be moved ahead of the Engineering Updates. Stevens asked if waiving tort limits for insurance liability purposes was a good idea. Kevin Hovila noted that the annual cost of waiving this insurance was minimal and that it was worth the extra cost to the City. Hovila also noted that waiving the limit provided a greater benefit to injured parties.

Engineering Updates

City Engineer Mathew Pellinen provided his report. He discussed the funding scenarios for the water improvement project as outlined in his monthly report. Logdahl stated that the City should pursue those funding opportunities immediately. Pellinen felt that the City should find out what its needs are first before making a request for funding. Stevens noted that he was extremely concerned with the City’s capacity to pay back a loan and wanted to be sure that the City was able to adopt an option that it could afford. Logdahl agreed that it is important to reduce the financial burden on the City.

Unfinished Business

Resolution 2010-05 Establishing 2010 Appointments

City Clerk/Treasurer McKinney noted that the only change to the resolution were the appointments to the North Itasca Joint Powers Board. Stevens noted that the Street Commissioner position should be accepted as vacant and can be filled at a later date.

Pifher felt that it would be better to address this resolution after the Council finalizes the Commissioner job descriptions. Stevens felt that the job descriptions can be addressed after this resolution is adopted.

Motion by Stevens, second by Zimmer, to adopt Resolution 2010-05 as amended, including changing the Street Commissioner position to Vacant and changing all Commissioner positions to Liaison positions, motion carried with Pifher opposing.

Five-Year Project and Capital Purchases Plan

Logdahl noted that this project and capital purchases plan was established by the Planning & Zoning Commission at their meeting last week. Pifher asked if it was a good idea to push out work on South Rajala Mill Road until 2014. Pifher felt that work on this road should be done as soon as possible. Logdahl noted that work on South Rajala Mill could be moved up to early 2012 if necessary.

Stevens noted that the proposed work at the airport for 2010 seemed ambitious. He asked if it was possible to use funds from the airport work done in 2009 to help pay for the proposed 2010 work at the airport.

Logdahl noted that this plan is a working document and can be changed if necessary to reflect changing needs of the City. Stevens noted that this document was important to S.E.H. since it helps them determine which items will need funding and when.

Motion by Stevens, second by Pifher, to adopt the Five-Year Project and Capital Purchases Plan as amended, including rescheduling proposed work on South Rajala Mill Road for early 2012, MCU.

Resolution 2010-03 Establishing 2010 Wages & Salaries

Logdahl noted that the budgeted amount for the Police Chief’s salary will include vacation time sold back at the rate of 32 hours per week rather than 40 hours per week to reflect the Chief’s work schedule.

Logdahl also questioned whether the Public Works Superintendent hourly pay still needed a reference to mutual aid pay. City Clerk/Treasurer McKinney noted that this was included since the union contract contained that information.

Koppelmann suggested that the Police Officer position be removed from the resolution since the City will not actively attempt to fill the position.

Motion by Zimmer, second by Pifher, to adopt Resolution 2010-03 as amended, including changes to the Police Chief salary and removal of the Police Officer position, MCU.

Ordinance #159 Collecting Fee from New Water and Sewer Service Customers

Logdahl noted that the Planning & Zoning Commission opted to reduce the fee charged for this service from $85.00 to $25.00 at their meeting last week. He noted that this is a minimal fee that seems fair for the service provided.

Motion by Pifher, second by Koppelmann, to adopt Ordinance #159, MCU.

City Clerk/Treasurer McKinney informed the Council that the Planning & Zoning Commission opted to credit back $60.00 to any customer that was charged for this service in 2009 to reflect the changes to this fee.

New Business

Police Officer Resignation

City Clerk/Treasurer McKinney noted that the former Police Officer submitted his resignation in late November 2009 and that he was asked by the Police Chief to seek formal acceptance of this resignation for state licensing purposes.

Motion by Stevens, second by Pifher, to accept Police Officer Pat Richards’ resignation, motion carried with Logdahl opposing.

Job Description Updates

Logdahl read the proposed changes to the Police Chief’s job description. Logdahl stated that he believed that the Council planned to take some control over the Police Chief’s work hours during the closed session at the January 26th City Council meeting. Stevens felt that the Council should have some input over the hours worked by the Police Chief. He also noted that the Council should have some discretion in influencing the Police Chief’s hours when issues arise. Logdahl also felt that the Council should have some authority over the expected coverage in the City.

Motion by Stevens, second by Koppelmann, to approve the Police Chief’s job description as amended, including addition of the City Council as having discretion over the Police Chief’s hours and that the Police Chief seeks to maintain an annual average of 16 regular patrol, 8 on-call and 8 School Liaison hours per week, MCU.

Logdahl noted that one reason for the proposed changes to the Commissioner job descriptions is that the term “Commissioner” was deemed to be too strong and that the Council decided that “Liaison” may be more appropriate.

Pifher felt that the employment status of the commissioner job descriptions should read “as approved by the Council” rather than “appointed by the Mayor”. Logdahl felt that the positions should be appointed by the Mayor.

Pifher felt that complaints should go through the Council rather than through the Commissioners to keep the number of people involved on any issue as low as possible. Logdahl felt that it was important to have the Commissioners as an extra set of eyes on the street and as an extra point of contact for residents.

Pifher believed that the appointed Boards in the City could address immediate danger rather than the Commissioners. Logdahl felt that the Commissioners could act quickly to protect the City if there was an immediate hazard.

Pifher believed that the Commissioners should be restricted from assisting employees when the Council is not available. Logdahl noted that they do not function as decision makers but as individuals who can offer advice to City employees when needed.

Pifher also felt that it was not necessary for the Commissioners to meet with state agencies or any other groups. Logdahl noted that the Commissioners are there to challenge what is taking place in the City.

Koppelmann noted that the Commissioners’ job descriptions could be changed so that they offer general support rather than guidance. Logdahl felt that it is important to provide a standard operating procedure for Commissioners to follow. Stevens noted that the only issue was whether the Commissioners would not exceed their established responsibilities. Logdahl felt that it was important for Commissioners to work together with City employees.

Motion by Stevens, second by Zimmer, to approve the Commissioner job descriptions as amended, including changing the Commissioner positions to Liaison positions, motion carried with Pifher opposing.

Donation Requests

Zimmer provided an update on the events planned for the upcoming airport grand opening celebration. Stevens asked if the City currently maintained a budget for donations. He noted that he did not want to create a precedent by granting donations to organizations that request funds. He did feel that the City should show support for what these organizations are attempting to achieve. Pifher noted that the City should avoid taking action that further worsens its budget situation.

Logdahl felt that the City might consider issuing a letter of support to these organizations. He also felt that the City could pledge employee time to these organizations. Logdahl noted that the City already provides funding to the Highway 38 Leadership Board through the North Itasca Joint Powers Board.

No formal action taken on this agenda item.

Damage Complaint

Stevens asked what had happened to the steps of the Over 50 Club. Zimmer noted that the wood on the edge of the steps was chipped.

No formal action taken on this agenda item.

Personnel Harassment

City Clerk/Treasurer McKinney outlined the recommendation made by the Personnel Committee on this agenda item. Stevens felt that the City should have the City Attorney investigate cases of employee harassment to determine if this is a liability that the City should address. Pifher felt that the employees should be comfortable in reporting harassment to the City Attorney. Logdahl noted that the Council could direct the City Attorney to initiate an investigation to determine whether a problem does exist. Stevens felt that this should be an efficient and quick process.

Motion by Pifher, no second, to allow employees to talk to the City Attorney regarding employee harassment, motion later withdrawn.

Stevens felt that allowing the City Attorney to talk to employees would protect the City from potential liability. He also felt that there are some issues with harassment and noted that it would be prudent for the City to know where it stands.

Pifher noted that it was unfair to make employees wait until the next Council meeting before granting permission for them to speak to the City Attorney. Logdahl noted that if it was a problem, the Council could call a special session to investigate.

Zimmer felt that having the City Attorney representing the City and its employees in such a manner when the City Attorney is also the Personnel Attorney may present a potential conflict of interest.

Logdahl felt that the City Attorney should give the Council an opinion on harassment issues and recommend necessary action.

Motion by Stevens, second by Koppelmann, to instruct the City Attorney to investigate employee harassment issues and provide a report to the City Council, motion carried with Zimmer and Logdahl abstaining.

Personnel Policy Revisions

Logdahl read the proposed changes to the City’s Personnel Policy. Pifher noted that employee performance reviews should be handled by the City Council due to issues with the performance reviews done by the Personnel Committee during 2009, including not contacting supervisors for input before their subordinate’s review. Pifher noted that the Personnel Policy states that supervisors should provide input for their subordinate’s review.

Pifher also felt that investigations of employee misconduct should be handled by the City Council since they must act on these issues anyway. Logdahl believed that the Personnel Policy has granted responsibility for initial investigations to the Personnel Committee since before he became mayor. He also noted that the Personnel Committee can only make recommendations to the City Council.

Zimmer questioned whether the City needs a Personnel Committee. Stevens felt that it was valuable for reviewing time cards and log books. He also felt that the Personnel Committee was also valuable in performing employee interviews. Logdahl noted that the City Attorney felt that the Personnel Committee served a valuable purpose for the City. Logdahl also noted that the uniform allowance for the Police Chief should be adjusted so that it is $600.00 only for 2010.

Motion by Stevens, second by Pifher, to approve the amended sections of the Personnel Policy addressing the Personnel Committee’s responsibilities, including transfer of conducting employee reviews and conducting investigations of misconduct to the City Council, updating the uniform allowance for the Police Chief to $600.00 only for 2010 and tabling the amended section of the Personnel Policy addressing health insurance, MCU.

Personnel Committee Appointment

Stevens noted that Gus David expressed interest in the vacant Personnel Committee position. Zimmer added that Gus David was a landowner in the City and thus met the qualifications for the position.

Motion by Stevens, second by Pifher, to appoint Gus David to the Personnel Committee, motion carried with Logdahl opposing.

2010 Budget Updates

Motion by Stevens, second by Zimmer, to approve the proposed amendments to the 2010 budget for the Police Department, MCU.

Sanitary Sewer Cleaning Proposal

Public Works Superintendent Almhjeld noted that when he asked for quotes for sanitary sewer cleaning, he received estimates between $0.75 and $1.25 per foot. He noted that this cleaning has not been done in the last several years but was required for sanitary sewer backup insurance. He also noted that the League of Minnesota Cities did not have an issue with cleaning a quarter of the system annually instead of cleaning a third of the system annually, which is the standard the League typically uses and is contained within the scope of the work in the proposal. Stevens noted that there was a budget for sanitary sewer cleaning for 2010 of $5,250.00. Logdahl noted that the Public Works Superintendent should get an updated proposal that includes the necessary updates to the scope of work.

No formal action taken on this agenda item.

City Clerk/Treasurer Conference

City Clerk/Treasurer McKinney provided information on the annual conference for the Minnesota Clerks and Finance Officers Association. He noted that funding for this conference was included in the 2010 budget.

Motion by Stevens, second by Pifher, to approve City Clerk/Treasurer McKinney’s attendance of the annual Minnesota Clerks and Finance Officers Association Conference, MCU. Other Business

Closed Session for preliminary consideration of allegations of misconduct made against individuals subject to the City Council’s authority.

Motion by Koppelmann, second by Stevens, to adjourn, MCU. The meeting was adjourned at 9:50 p.m. The next City Council meeting is scheduled for Tuesday, March 9, 2010 at 6:00 p.m.

Michael McKinney City Clerk/Treasurer