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

City of Bigfork

Regular Meeting January 9, 2007

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

Absent: none

Also Present: City Engineer Julie Kennedy, Volunteer Police Officer Clint Sova, Jon Babcock, Public Works Superintendent Chuck Almhjeld, Boone Danielson, Julie Aakhus, Amy Pifher, David Waters, Jim Manske, Gene Collins, Tim & Anne Collins, Alan LaTrace, Dan Infante and Darlene Westerman

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

City Clerk Angie Storlie administered the Oath of Office to re-elected Mayor Amy Tendrup and Councilor Jean Lexvold and to newly elected Councilors Eugene Rajala and Linda Koppelmann.

Public Forum: Tendrup asked anyone wishing to address the Council to do so at this time. Anne Collins stated that Division Avenue was on the agenda again tonight and she hoped that the matter was put to rest after tonight's meeting as quite a few dollars had been spent going over and over it.

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

Tendrup called for any changes to the agenda. Motion by Lexvold, seconded by Rajala to approve the agenda, motion carried unanimously (MCU).

Consent Agenda #1- approval of the minutes of the December 12th regular City Council meeting

#2- approval of the Police Report for December 2006

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

#4- approval of the Budget Report for December 2006

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

#6- approval of the 2007 City Council and Planning & Zoning Commission meeting schedules

#6- approval of claims paid in the amount of $30,336.30 including the December 15th, 29th, 2006 Council and 2006 Vacation payroll and approval of the claims for payment in the amount of $43,562.97

Salmi questioned bills from Northwoods Construction, North Itasca Electric, Short Elliott Hendrickson Inc. and the Law Office of Shaw & Shaw which Storlie explained.

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: Mayor Tendrup explained that she would like a brief report from each of the City Commissioners on a quarterly basis.

UNFINISHED BUSINESS:

Julie Kennedy - Engineering Updates: City Engineer Julie Kennedy of Short Elliott Hendrickson Inc. began her monthly update with a report that Public Works Superintendent Chuck Almhjeld had attended the City of Effie's work session about possible cooperation with the City of Bigfork for necessary sewer projects. Kennedy reported that the consensus from the City of Effie was to go ahead with the project that they have been working on.

Salmi asked if the airport mound system passed the phosphorus test. Almhjeld stated that the system has not met the Minnesota Pollution Control Agency (MPCA) permit requirements. Kennedy explained that Almhjeld has found that one of the main contributors to the high phosphorus levels in the mound system is the eye wash stations in the Bergquist facility which are emptied into the system on a regular basis. She added that the phosphorus level in the ground system is 0.6 so it will be all but impossible for us to meet the MPCA requirement of 1.0. She explained that through the rehabilitation of the mound system, it will be returned to a subsurface system as it was intended to be, and we will not have to meet any requirements from the MPCA because the system will no longer be discharging. Kennedy has been able to secure $240,000 in grant money for this project. Prior to figuring out the phosphorus issues, the MPCA would not let the City go forward. Kennedy stated that now that Almhjeld is taking care of the phosphorus issue, we can go ahead with bidding of the project in April or May and plan for July/August construction.

Salmi was concerned that the grant money obtained for the mound system should be used for projects in the City. Kennedy explained that they are all separate grant funds and any application you put in is specific for that project.

Kennedy's last item was an update of the City's five-year project planning schedule. She reviewed that the Planning & Zoning Commission and the City Council had compiled a list last year of the projects that needed to be done and a proposed timeline. She noted that this list helps her and Almhjeld know what direction the Council would like them to take and helps her to focus on which grants to go after. She commented that Almhjeld had made her aware that there are some water main problems on Ash Street and that item will need to be moved up on the priority list. She reviewed that we are currently working on some of the items on the list such as the mound system, inflow & infiltration reduction, annexation, cemetery expansion, and airport improvements. The well capacity tests originally slated for 2006 were not completed due to the turnover in the Public Works Superintendent position. Kennedy asked that the Council take some time to review the list and submit any comments to Storlie. The list will be updated and approved at the February Council meeting.

Anne Collins asked if Kennedy was the only person who could write grants for the City. Kennedy answered that anyone can, however some applications do require a Professional Engineer (PE) signature. She noted that she was currently collaborating with Rural Community Coordinator Tim Johnson on a grant application where he was doing the narrative portion and she was doing the technical portion. This is a very cost-effective method as Johnson has the knowledge and resources to complete the narrative sections of the application much more quickly than Kennedy could. Tendrup noted that grant applications are extremely competitive these days. Some applications are very complicated and it increases your chances of being a good applicant if professional assistance is used.

Division Avenue Assessments: Kennedy and City Attorney Andrew Shaw had met on this item and a memo was received by the Council from each of them. A letter from resident Roxanne Hill was also received stating that it was her understanding at the time her property was assessed that it was her responsibility to hook up at the main on Division Avenue. She does not desire a refund from the City. Shaw's memo stated that because the Hill property was not going to directly benefit from the project as constructed, it should never have been assessed. He stated that while the City probably has no legal obligation to make reimbursements of assessments paid, they do have a moral obligation to do what is right in this situation. Kennedy's memo states that she has re-figured the amount of the possible refunds due to new information obtained during the neighborhood meeting last month. A new listing of the refund amounts was supplied. The total of the refunds was $16,297.40 of which $5,193.00 has already been paid.

Tendrup noted that if the Council determined to give the refunds, they would also have to think about where the money would come from because this has not been budgeted for.

Tendrup had questioned what would happen if a particular person did not want the refund and twenty years down the road, a new project was done in that area. It was determined that they could be assessed for the new project but would have to receive a credit for the assessments they have already paid. Motion by Rajala to pay the assessments back by taking out a loan, seconded by Salmi, MCU. Motion to send letter to County to end assessments by Lexvold, seconded by Rajala, MCU.

Bids on Cedar Street Lots: Storlie reported that the Cedar Street lots had again been advertised for sale with bids being due on January 8, 2007. One bid was received, however it was withdrawn. Rajala reported that the lots are a mess. He advised clearing and leveling them off so they look like something that someone would like to buy. Tendrup asked if it was cost effective to put more labor into it. Rajala said the brush could be knocked off for very little and fill could be added a little at a time as it becomes available. Tim Collins stated that someone offered $15,000 for one of the lots a long time ago but the offer was denied because there was a stipulation that a stick-built house had to be built on it. Tendrup noted that stipulation had since been removed. Salmi stated that if we could get free help and free dirt, we should do it. Tendrup noted that anyone offering to help would need to work with Almhjeld and Kennedy to make sure it was done correctly. Rajala stated that whoever surveyed the property didn't place the metal corners and had only stuck lath in the ground so he had put a plastic pipe in. Kennedy stated they had marked the corners for the City, but hadn't done an actual survey. Kennedy will get a drawing of what can be done and check if there is a certificate of survey on the property.

Dave Schminkey - Skating Rink: Almhjeld noted that he had looked over the proposed skating rink area with Schminkey. As Schminkey was not present, the item was tabled.

Personnel Committee Recommendations: The Council received a memo from the City Personnel Committee with recommendations regarding part-time police and training for the Water/Wastewater/Maintenance Assistant position. The Committee recommended the following in regarding part-time police coverage:

o Approval of the job description for Police Officer

o Setting the hourly wage for the position of Police Officer at $7.00 per hour and the call-out pay at $50.00 (for a three-hour minimum)

o Authorizing the Police Chief to schedule officers to work in 32- or 24-hour blocks of time. Officers will be required to be patrolling and/or responding to calls for a minimum of 16 hours during a 32-hour block and for a minimum of 8 hours during a 24-hour block.

o Authorizing the Police Chief to schedule up to the equivalent of one hundred 32-hour blocks of coverage during calendar year 2007 in any combination and rotation as he sees fit and necessary.

o Approval of the attached job posting for publication and posting.

o Approval of the attached T&E rating form for applicants.

o Directing the Personnel Committee to conduct interviews of qualified candidates using the attached interview questions, and to make a recommendation of hire to the City Council at their February 13, 2006 regular meeting.

o Rehiring Jon Babcock as Police Chief as of February 1, 2007

Rajala felt that the duties set forth in the Police Officer job description were essentially the same as the duties of the Police Chief position and did not feel that $7.00 per hour was a high enough wage. Tendrup asked if Rajala understood that the $7.00 per hour was across the board, both for patrol and call time. Rajala did not feel that this was a very attractive way to entice a police officer to work for the City of Bigfork. He stated that there are a lot of older people in town who want full-time police protection and they are willing to pay for it. Residents feel that Babcock's retirement is fully funded by the City and if he wants to retire he should do it. If he doesn't want to retire, he should keep on as he has been. Tendrup noted that the Council has already accepted Babcock's proposal and part of that proposal was to consider additional part-time officers which is what this discussion is about. Anne Collins noted that business community wants more coverage as well. Tendrup agreed. Tim Collins asked if the Council should listen to the taxpayers and referred to the petition that was submitted to the Council on this issue. Tendrup stated that the Council is listening to the citizens; however most citizens have not reviewed the budget to see where the money could come from. Infante asked for clarification on why the City needs a police officer at the school. Tendrup stated that the school district pays for that officer and they are the ones that want the position. Infante asked how an officer can work at the school and in the City at the same time. Tendrup agreed that one person can't be in two places at the same time and asked how the citizens could expect one person to offer 24-hour coverage every single day of the year. She added that the school will have a liaison officer whether or not they contract with the City to provide one.

Rajala reviewed that Babcock's original proposal had projected a savings to the City of over $38,000. Tendrup clarified that those savings were proposed to be used for part-time coverage. Rajala felt that the Council shouldn't be messing around trying to figure out this situation when Itasca County is responsible to cover the City anyway. Tendrup felt that the citizens wanted more coverage than Itasca County would provide and that is why the part-time officers are being proposed.

Rajala stated that there was not mis-information on the subject, but rather no information. He wanted the complete police protection proposal in the minutes so that everyone could see it and there would be the same information for all. Tendrup stated that the discussions that have taken place so far have been in the minutes and that no discussion had taken place yet on hiring part-time officers. She added that all discussion had taken place at public meetings which everyone is welcome to attend. Salmi asked current Volunteer Police Officer Clint Sova if he would be willing to work for the proposed $7.00 per hour for patrol and call time. Sova stated he would definitely have to find a second job to supplement his income but he hoped that he would eventually work into a full time position. He had a question on why the position would have to be posted and why the City couldn't just promote him to it. Tendrup noted that the City Personnel Policy states that all new positions must be posted. Rajala stated that if Bigfork has an employee that they can't afford to pay a decent wage to, it doesn't do any good for either the City or the employee and he doesn't like it. Motion by Salmi to get Clint started, seconded by Rajala. Tendrup stated that we can't name names and need to go by City policy and post the position for anyone to apply for. Tendrup called for a vote and the motion failed with all opposing. Motion by Rajala to accept the proposal from the Personnel Committee except for the recommendation to rehire Jon Babcock as Police Chief, seconded by Salmi. The motion failed with Salmi and Rajala in favor, Lexvold and Tendrup opposing and Koppelmann abstaining.

Babcock stated that he would love to fully retire and get away from all this but his proposal to come back as Police Chief was to save the City money. His intention was to eventually work the part-time officer position into a full-time Chief and he would then serve as the part-time employee. He did not understand why Rajala thought there was a lack of information because this has been talked about at previous meetings over and over again. Babcock asked how the City could consider hiring part-timers without someone to manage them.

Motion to table the issue until next month by Rajala, seconded by Lexvold, MCU.

The Personnel Committee also recommended that the job description for Water/Wastewater/Maintenance Assistant be amended to reflect that the City would pay for water and wastewater operator license training for the position if the Public Works Superintendent so recommended. Motion to accept this amendment to job description by Rajala, seconded by Koppelmann, MCU.

It was noted that this position was now open and needed to be advertised for. Salmi stated that the previous employees could not operate the Bobcat and weren't very professional. He stated that Almhjeld should make the choice on who to hire as he was the one that had to work with them.

Rajala asked why the job description only called for maintaining and operating transportation equipment as this would not include lawn mowing equipment. Storlie explained that this position mainly assisted with water/wastewater work and that the Casual Maintenance Laborer position was the one doing the lawn mowing and other routine maintenance and upkeep. Rajala stated we should not be hiring part-time, we should be hiring full-time and should be paying a better wage so that we attract someone who will stick here. Dave Waters stated that he knew the work could be done by one person because he did it for twelve years. Rajala stated that $12.50 was the minimum that should be paid for the position and it should be for 40 hours per week. Tendrup noted that less than 32 hours is part-time, anything else is full-time and City policy states that full time employees will be offered benefits which is a big cost to the City. Anne Collins wondered if the City could pay more per hour to a full time employee who was willing to waive the benefits. Tendrup noted that you could, however the City couldn’t count on getting an applicant that was willing to do that. Rajala stated the he has visited Grand Rapids and Deer River public utilities and the least they paid per hour was $13.00.

Motion by Rajala to set the wage for the position at $12.50 an hour and post it, seconded by Salmi, motion carried with Lexvold opposing.

Rajala stated that the City was always looking for volunteers and he wanted to volunteer to work with Almhjeld to do sidewalk snow removal, cleaning and garbage hauling until a new Water/Wastewater/Maintenance Assistant is hired. This was approved in a motion by Salmi, seconded by Lexvold, MCU.

NEW BUSINESS:

Ordinance #132: Ordinance #132 was drafted by the Planning & Zoning Commission to address the issue of water meter installation. The current water ordinance does not address who is responsible for installation of a water meter. Ordinance #132 clarifies that the City will supply the meter and the user is responsible to have it installed. Motion to pass ordinance #132 by Lexvold, seconded by Salmi, MCU.

Ordinance #133: Bigfork Wilderness Bar owners Dan Infante & Darlene Westerman met with the Planning & Zoning Commission to request that the City's liquor ordinance be amended. It currently does not allow minors to be on licensed premises for any reason. Infante and Westerman made clear to the City Council at the time of their offer to purchase the bar that they intended on having a family atmosphere. They asked that the ordinance be amended to allow this. The Planning & Zoning Commission determined that the easiest way to accomplish this was to state that Minnesota Statue 340A.503 would be followed in regards to minors on premises. Ordinance #133 adopts this statue. Motion to approve Ordinance #133 by Lexvold, seconded by Rajala, MCU.

Resolution 2007-01: Mayor Tendrup presented her appointments for 2007. The positions of Airport Commissioner, Parks & Recreation Commissioner and one seat on the Budget Committee and Planning & Zoning Commission were vacant. Lexvold volunteered for the Parks & Recreation Commissioner position. Salmi volunteered to take the Planning & Zoning Commission seat and asked to be taken off as Cemetery Commissioner. Rajala volunteered to take the Cemetery Commissioner. Amy Pifher agreed to take the Budget Committee seat. Salmi was concerned about Lonnie Kacon being appointed as Water/Sewer/Street Commissioner due to his health. Salmi stated that he often got phone calls at home and at times was unable to get a hold of Tendrup or Kacon. He felt someone who was around more should be appointed. Tendrup stated that she was comfortable keeping Kacon on as Commissioner due to his experience and knowledge of the issues. She added that there is no one who can be available at all times and that is just the way it is. Motion to approve the appointments by Lexvold, seconded by Koppelmann, MCU.

Resolution 2007-02: Storlie presented a resolution authorizing reorganization of City funds. The resolution notes that the current City funds do not follow the "Uniform Chart of Accounts" prepared by the Minnesota State Auditor. The resolution calls for conformance to this Chart and directs the City Clerk to amend the 2007 budget to correspond. Motion to approve by Rajala, seconded by Lexvold, MCU.

Resolution 2007-03: Tendrup noted that this resolution is just a reiteration of what a Councilors responsibilities and powers are. Rajala asked what the chain of command is in the City. Tendrup explained that the Council as a whole is the top authority and individual Council Members cannot direct employees. Almhjeld stated that people are quitting their jobs because of Council members being boisterous and demanding. Almhjeld stated that Salmi and Dave Waters coming to the site of the recent water main break and telling him what he should be doing was unnecessary and overstepping their bounds. Almhjeld stated he didn't need someone telling him what to do or how to do it. Salmi argued that he was just asking what happened. Almhjeld stated he has never been on a dig site where a Council Member showed up. Salmi stated it was like when the airport runway cracks were filled and it should not have been done the way that it was. A mistake was made and someone had to be looking out for that. Infante questioned if it was a Councilors job to oversee the area they were appointed to. Tendrup explained that they can certainly observe but should not be directing people. Their job is to work with staff as directed by the City Council and report back to the Council.

Almhjeld stated that there is a lot of damage that has been done and he has observed that the town is divided. There is a lot of repair work that needs to be done and this new Council needs to come together and stop arguing and fighting to get things done. Rajala and Salmi did not think the resolution was necessary. Salmi felt the Council could work together to take care of these things.

Motion to approve Resolution 2007-03 by Lexvold, seconded by Koppelmann, motion carried with Salmi and Rajala opposing.

Northern Itasca Joint Powers Board (NIJPB) Shortage Fee: A letter was received from the NIJPB requesting an additional $350 from each of the communities to cover the shortage for the 2006 Community Coordinator contract. Tendrup noted that the reason for the shortage was a grant that did not come in as expected. She explained that the Board had scaled back the services of the Coordinator position in order to retain it for 2007. She also stated that she had argued the point with the Board that City budgets had already been set and this extra amount was not likely budgeted for. Motion by Salmi to table the issue for one month, seconded by Rajala, MCU.

City Insurance Renewal: A memo was received from City Insurance Agent Kevin Hovila regarding the City's insurance policy renewal. There were a number of issues to consider. Motion by Lexvold to complete the renewal with the same options chosen in the last policy year, seconded by Koppelmann, MCU.

2007 Liquor License Application: An application for 2007 liquor license was received from Kocian's IGA, Inc. Motion to grant the license by Lexvold, seconded by Rajala, MCU.

OTHER BUSINESS:

Storlie reported that the VFW Auxiliary has requested permission to hang a flag and bulletin board in the basement. Permission was granted in a motion by Lexvold, seconded by Rajala, MCU.

Mayor Tendrup adjourned at 8:12 p.m.

Angie Storlie

City Clerk/Treasurer