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

City of Bigfork

Regular Meeting July 11, 2006

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

Absent: None

Also Present: City Attorney Andrew Shaw, Gene Rajala, City Engineer Julie Kennedy, Julie Aakhus, Robert Johnson, Police Chief Jon Babcock, Mike Bakke, Kim Francisco, Dan Infante, Jim Manske, and David Asher.

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

Public Forum: Mayor Tendrup asked that any members of the audience wishing to address the Council do so at this time. Anne Collins spoke about her concerns regarding the Division Ave sewer issue and also the debt that the city has incurred in the last two years.

Tim Collins also spoke on his concerns regarding the Division Ave sewer issue.

David Asher spoke and felt that it would be in the best interest of the City to hire Dave Waters as interim Public Works Superintendent. Tendrup closed the public forum.

Tendrup removed Larry Fiegen and Connie Maki from the agenda as they were absent. Motion to approve the agenda as amended and approve the Consent Agenda by Pifher, seconded by Lexvold, motion carried unanimously (MCU).

Consent Agenda #1- approval of the minutes of the June 13th regular and June 28th special City Council meetings

#2- approval of the Police Report for June 2006

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

#4- approval of the Budget Report for June 2006

#5- approval of the Public Works Department Report

#6- approval of Personnel Committee Recommendation to approve additions made to the City Personnel Policy

#7 approval of the claims for payment in the amount of $37,830.97 including the June 15th, and 30th payrolls

(copies of documentation relating to any consent agenda item are available at the City Clerk’s office)

OLD BUSINESS:

Julie Kennedy – Engineering Updates: Kennedy is currently working on the mound design. She has supplied data collection sheets to Public Works Superintendent Mark Maki in order to continue the monitoring of the current Mound System. Salmi asked if the aerators will be extracted when the mound goes under construction. Kennedy replied that they would in order to allow the micro-organisms into the mound to generate heat, which keeps the mound from freezing in the winter. Salmi asked if there was any enforcement preventing Bergquist from discharging industrial waste into the system. Kennedy stated that a significant industrial user (SIU) agreement is being drawn up for Bergquist. MnDOT has approved potential funding for the airport pavement maintenance projects that were budgeted for 2006. The cost split is 80% from MnDOT and 20% from local sources. Kennedy will solicit quotes for the project costs and bring them back to the Council for further action.

The Highway 7 project will be wrapping up soon. Final punch list items are being completed and the project will likely be closed out in August.

Kennedy supplied the council with a cost estimate to provide utility services to the 5 parcels on Division Ave and Third St that were previously assessed but received no service. She estimated the grand total at $100,203.81. She stated that two options for dealing with the situation would be to refund the paid assessments to those who received no services or go ahead with the project with some type of cost share between the City and the benefiting parcels.

City Attorney Andy Shaw then spoke on these two options. It was his recommendation that the City refund the money assessed to the individuals that did not receive water and sewer, rather than go ahead with a project to provide them service. Shaw stated that they paid for the project done in 1997, and that it would be inaccurate to go ahead with a new project to reconcile the previous assessment. He recommended refunding the parties the original assessment plus interest. He stated that legally the city is not obligated to refund this money but ethically it would be the right thing to do. Gene Collins then explained what had happened, in his opinion, in 1997. He stated that the curb stops were on his property and would not be available for new hook-ups. Tendrup asked if the land owners should be contacted for input. Shaw agreed that it would be good to notify them but legally the City did not need to in order to make a decision. Tendrup noted that Foss’ might be under the impression that the City owes them water and sewer because when they bought the land, it was advertised as having water and sewer. Shaw questioned why none of the land owners had ever asked why they were paying the assessment. Tendrup stated that at one of the meetings back in 1997, Liesch Associates had said that sometimes citizens just have to deal with assessments for the betterment of the community. Motion made by Pifher to refund half of Gene Collins’ assessment plus interest and figure out the refund amounts for the other land owners, seconded by Salmi, MCU.

Cedar St Road Issue: Tendrup moved this item up on the agenda for Kennedy to address. Police Chief Jon Babcock told the council about his concern over the dip in the road on Cedar St next to the habitat house. Kennedy asked whether this was settling soil or a possible water leak. Salmi suggested adding pavement to the top of it. Motion made by Pifher to do a cost estimate on repairing it, seconded by Lexvold, MCU.

Delinquent water/sewer account payment contract: Tendrup moved the item up for Shaw to address. Shaw spoke to the council concerning the contract the City has with a delinquent water and sewer customer. It was his recommendation, based on the customer’s breach of the contract, that the total should be assessed to the property owner’s taxes. He also stated that ordinances do not give the council discretion in dealing with issues, that they are there to be followed. The issue was tabled in order to look at the shut-off policy and find out if other customers would be affected by the shut-off.

Resolution 2006-17: Sunday Liquor Ballot Question: Tendrup also moved this item up for Shaw to address. Shaw explained that in order to legally have a Sunday Liquor License, a place of business needed a restaurant license, and the question of whether to allow Sunday Liquor would need to be put before the electorate. There was some confusion over the difference between a restaurant license and a food service license, if any. He noted that even the Dept of Health didn’t have an answer for him. When talking to Liquor Control, they had described the license requirements as having a menu, serving prepared meals, and serving them at tables. Shaw suggested changing the wording of the ballot question. He said the council could approve the resolution without the ballot question. Then, the wording of the question could be worked on later. Tendrup stated that a special election would cost about $1300 and would be ready in October. She suggested if the question was placed on a ballot that it be placed on the general election ballot in November. Motion made by Tendrup to put the question on the ballot for the next general election, seconded by Pifher, MCU. Salmi asked if there needed to be a certain percent of votes to win one way or the other. Shaw replied that there just needed to be a majority.

NEW BUSINESS:

ATV Ordinance: Shaw’s opinion of the ATV Ordinance was that it was still a work in progress. The council agreed that it was. Everyone’s intent is that people be allowed to continue to use their ATV’s in Bigfork as they have in the past. The council needs to create an ordinance that will allow for this and still keep within the laws of the state. Shaw said that cities that do have an ATV ordinance tend to ignore it. He suggested working with the DNR on the trail systems. Babcock asked Shaw if insurance on ATV’s will be required with the new ordinance. Shaw said that he is looking for an exception to the part of the ordinance that would require users to obtain permits and show proof of insurance which would create more of a burden for the city clerk. Jon asked if there was a crash where the owner of the ATV does not have insurance, if the city would be liable. Shaw answered no. He said that if there was a decision by the council to not enforce the state laws and there was a crash, the city could be liable. Shaw explained that he still thinks that ATV owners should have insurance. Shaw stated that he hasn’t found anything in the laws to state that insurance is not required in cities and also highways and county roads. He said that the reason ATV’s have been used in cities is because cities have not enforced the ordinances or have ignored state laws. He stated that this puts law enforcement in a very difficult position, that they don’t just enforce the laws that they like. Salmi asked if Babcock can ticket any ATV’s for speeding or being reckless. Shaw stated that he could. Tendrup indicated that the ATV ordinance was just for the council to look at before presenting it to Itasca County with the included county roads. Right now, by Minnesota state law, use of ATV’s in the city limits is illegal, so an ordinance to allow them is a must. Tendrup said that this ordinance is new territory. Gene Rajala suggested waiting for the League of Minnesota Cities to solve the problem. Babcock stated that he’s feeling that the issue is less imminent now and is willing to consider the ordinance as a work in progress, in order to do more research. He felt that safety was the issue and will be comfortable enforcing safety issues for now, as he has in the past.

Kim Francisco spoke about what ATVAM has been working on. Kacon asked Francisco about including County Rd 14 in the ordinance. Francisco stated that there is a lot of private property along County Rd 14 and would not allow very much in the way of trails. Tendrup asked Francisco if a letter of support would help them.

One of the issues with the ordinance is that it says that, “any legally registered OHV will be considered to be permitted by the City…….insurance is required on all permitted OHV’s.” Babcock said that saying “any ATV is permitted if registered with the state” is unenforceable because proof of insurance is not required in order to register. In his opinion, the purpose of having a permit is so that law enforcement can see the sticker or permit and enforce it. This ordinance would require the user to carry an insurance card on them. Francisco stated that 95% of owners do not have insurance. He said that if the council is going to require permits and insurance that owners probably wouldn’t ride in Bigfork. Tendrup stated that the council does not have a choice. It is state law. Motion by Pifher to draft a letter of support for ATVAM, seconded by Salmi, MCU. The council decided to wait on sending the proposed ATV Ordinance to the county. The council discussed slow moving vehicle signs. Babcock and Francisco discussed land that is zoned agricultural.

Resolution 2006-16 All Hazard Mitigation Plan: Tendrup stated that she had read the proposal and recommended passing the resolution to approve it. Motion by Pifher to approve Resolution 2006-16, seconded by Kacon, MCU.

Liquor Store Sale Funds: Kacon asked if there were funds already set aside for the completion of the Golf Course Rd project. Tendrup stated that it was already paid for. Kacon asked if the council had figures on what was left to pay on the public works equipment. Stevens stated that she didn’t have those figures in front of her. Motion made by Tendrup to table the issue until the special meeting on July 20th, seconded by Salmi, MCU. More information will be obtained on debt amounts and interest rates.

Combination of City Investment Funds: Stevens requested that the council approve the combining of 8 to 9 small money market accounts into a few larger 90 to 180 day CD’s that would earn a higher interest rate. The CD’s could be set to mature at rotating times, so as to allow the City to draw on them every 6 weeks to 3 months. This could increase the earned interest rate about 2% which could earn the City around $2000 per year. Salmi asked Stevens to check on compound interest. Motion made by Kacon to allow Stevens to combine accounts into a few 90-180 day CD’s, seconded by Salmi, MCU.

Clerk’s Office Hours: Tendrup read a memo drafted by Angie Storlie requesting a change in her office hours when she returns to work. She requested changing office hours from Monday through Thursday 8:00 – Noon to Tuesday through Thursday for 8 hours per day. She would work from home or out in the field on the other days. Motion made by Pifher to allow a 3 month trial period of the new schedule, seconded by Kacon, MCU.

Approve Supervisor for Interim: Kacon spoke about his concern on the possibility of not having a Public Works supervisor for a short time. Kacon stated that he had consulted Stevens on the statutes regarding council members being supervisors. She had found that council members as individuals have no authority over city employees unless the council authorizes it. He offered to supervise the Public Works employees in the mornings provide them any assistance they might need in the interim. Salmi suggested hiring Dave Waters to fill the position. Tendrup stated that Waters had resigned without a two week notice and left the city in a predicament. Tendrup went on to say that nothing needs to be done at the present time. Motion made by Pifher to table the issue until the Special Meeting on July 20th, seconded by Lexvold, MCU. The issue was tabled until the special meeting on July 20th.

OTHER BUSINESS:

Mayor Tendrup brought up the Personnel Committee recommendation to approve changes made to the Personnel Policy. Stevens stated that it had already been approved with the Consent Agenda.

Salmi asked Babcock if he was working for the county on the Fiegen fire. Babcock stated that he was. Salmi asked if he was then under the county insurance. Babcock stated that he was.

A special meeting to discuss the hiring of a new Public Works Superintendent, the liquor store sale funds, and an interim supervisor will be held on July 20th at 6:00 pm.

Mayor Tendrup adjourned the meeting at 7:40 p.m.

Tranette Stevens

Acting Clerk

Angie Storlie

City Clerk

These minutes are available on the City website at www.cityofbigfork.com.

To sign up to receive the minutes by email, send your email address to ctyclerk@bigfork.net.

Angie Storlie City Clerk/Treasurer City of Bigfork ctyclerk@bigfork.net 218-743-3782