DRAFT – These minutes are not official until approved at the next regular City Council meeting.
City of Bigfork
Regular Meeting March 14, 2006
Members Present: Amy Tendrup, Richard Salmi, Amy Pifher, Jean Lexvold and Lonnie Kacon Absent: None Also Present: Julie Aakhus, Dick Grabko, Gus David, Robert Johnson, Bob Zimmer, Clint Sova, Dan Infante, Gene Rajala, Gene Collins, Denise Porter, Catherine McLynn, Police Chief Jon Babcock, City Attorney Andy Shaw, Jan Hufnagle, and Dave Waters
Mayor Tendrup called the public hearing to order at 6:00 p.m. and asked if any members of the public had any input on the petition for street vacation that had been received. Independent School District #318 is requesting vacation of certain streets located on the school property. The location of city infrastructure in relation to the streets and alleys was clarified. There were no other comments regarding the petition for vacation. A motion was made by Pifher and seconded by Lexvold to pass Resolution 2006-06 vacating certain streets and alleys in the City of Bigfork, motion carried unanimously (MCU).
Tendrup closed the public hearing, called the regular meeting to order at 6:05 p.m. and asked Council members for any changes or additions to the agenda. Salmi wanted to add the cemetery under new business. Kacon wanted to add the rescheduling of the public works open house. With the changes noted, Lexvold moved and Salmi seconded to approve the agenda, MCU.
Tendrup asked City Attorney Andy Shaw to review Robert’s Rules of Order and audience rights and responsibilities. Shaw noted that his concern was not so much with the rules of order, but that at the last meeting he attended, the members of the audience were out of control. He noted that Jon Babcock had made an astute observation for the Council at the close of the last meeting about how business is supposed to be conducted at a Council meeting and some of the shortcomings that occurred with the way that things went at that particular meeting. The public has forgotten the role that everyone should play at the meeting. Shaw reviewed that in State of Minnesota, the only chance that the City Council has to sit together and do business is at a public meeting where anyone has the right to observe. There are two fundamental things that everyone has to remember. First, the meeting is the Council’s meeting, not the public’s. Second, the public has the right to attend and watch business being conducted, however they do not have the right to participate in the proceedings. In certain situation, such as a public hearing, there is the opportunity for the public to be heard. Shaw stated that at the last meeting, there was some good public input, however there was a lot of public input that was not aimed at helping the Council conduct their business. Shaw attends many other city council meetings and he has not been to a meeting where public input was not elicited. He noted that the comment was made last meeting that the Council had to listen to the taxpayers. Shaw stated that, while it is in their best interest to do so in order to avoid being voted out of office at the next election, the Council members are not required to listen to public input. Furthermore, the Council will not listen to public input if it becomes obstructive to the meeting process. Shaw stated the final things for everyone to remember are that they are not to say a word until they are called on by the Mayor. He reminded Council members that they do not have the right to recognize a member of the audience to speak. Once the Mayor does recognize a speaker, Shaw directed them to stay on topic. If a member of the public has an item that they feel needs to be addressed by the Council, they should follow the procedure for having an item considered for the next agenda. As for the council, Shaw reviewed that Robert’s Rules of Order are hard to understand and to follow. He reviewed that no discussion should take place until a motion has been made and seconded. He finished with an urging for everyone to remember their roles and to help facilitate an efficient meeting.
Tendrup noted that amendments to the City Administrative Policy regarding these procedures had been drafted with the most important amendment creating a public forum at the beginning of each meeting where the public would have the opportunity to make statements to the Council. Motion to adopt the Administrative Policy amendments by Pifher, seconded by Lexvold, MCU.
Public Forum: Tendrup called for anyone wishing to address the Council to please do so at this time. Gus David noted that he was annoyed that the City Council had not acted to purchase the equipment that had been budgeted for and noted that at this time the cost had increased. He would like the Council to run the City like they would their own business. He noted nobody likes to spend money, especially when budgets are tight, but that the equipment would have saved us more money in the long run, and now we have to hire the work out. He alluded to the liquor store and stated that the Council should not have closed the operation and then tried to sell it, but should have kept it open until an arrangement was made to dispose of the property. Shaw was recognized and commented that anyone who was operating a business with a loss, as the liquor store was, would be smart to discontinue operation of the business before any further losses were incurred. He felt that the City had made a good decision in closing the operation when they did.
Consent Agenda Motion by Pifher seconded by Lexvold approve the consent agenda as follows: #1- approval of the minutes of the February 14th regular City Council meeting #2- approval of the Police Report for February 2006 (report is attached to the minutes as Appendix A) #3- approval of the City Clerk’s Office Report for February 2006 #4- approval of the Budget Report for February 2006 #5- approval of the Public Works Department Report for February 2006 #6- approval of the claims for payment in the amount of $239,523.09 including the February 15th, and 28th payrolls MCU. (copies of documentation relating to any consent agenda item are available at the City Clerk’s office)
OLD BUSINESS:
Dick Grabko – Short-Elliott-Hendrickson: Grabko noted that it has been a number of months since he has addressed the Council regarding project financing. He reviewed that the Council had stepped back prior to proceeding with any funding applications due to the availability of funds elsewhere. He recommended that the Council get back on task for planning for future projects. He was primarily concerned with the results of the community development survey that was conducted last year and what the options are related to providing housing rehabilitation assistance to households within the community and securing funding for the wastewater system. He noted that there were other concerns with the wastewater system, as well as issues with the water system, however he did not feel that we wanted to take too big of a bite at this time, but rather address funding opportunities that we have a realistic expectation of securing. Grabko is recommending that the Council get back on track with the housing rehabilitation application and the grant funding request for the wastewater system improvements, primarily to the Department of Employment and Economic Development Small Cities Development Program. This application is due November 1st. He provided a summary to the Council of the projects previously discussed and a timeline noting the funding source application due dates. He noted that City Engineer Julie Kennedy is on schedule to submit an application to the Public Facility Authority (PFA) for funding through their Drinking Water Revolving Loan Fund on behalf of the City. This application will place us on their Project Priority List and Intended Use Plan which would make us eligible for funding provided we score high enough for a 2007 construction timeline. This application is due in May 2006. Grabko noted that there are other funding opportunities available that will be pursued and no stone will be left unturned in making the improvements being considered affordable for the City. He noted again that we are eligible for fifty percent reimbursement through Iron Range Resources for any costs incurred in submitting grant applications. Salmi asked what type of ratio these grants are and Grabko noted that some are fifty-fifty, but most these days are sixty-forty. Salmi asked what interest rate the low-interest loan programs are running at right now and Grabko answered they are in the one to three percent range. Grabko reviewed that we will be considering the impact of using any of these funding sources on water and sewer rates before any decisions are made. Tendrup noted that we do have our project priority list for the City and these projects are just a portion of what we know needs to be looked at. Grabko stated that a combination housing/wastewater project was a good place to start and should give us a favorable application status. Kacon asked what the next step was to move forward with this. Grabko noted that Kootasca would be contacted to do assessments and cost estimations for the housing rehabilitation portion. Once numbers are in for average costs, budgets can be put together. The Council will need to authorize Kennedy to submit the PFA Preliminary Engineering Report. SEH will provide monthly updates to the Council on the status of all parts of the project. The Council thanked Grabko for attending and providing the information
Airport Hangar Land Lease: Tendrup noted that Storlie had provided additional information as requested at the last meeting. The value of the property that the hangar sits on is $888.77. Tendrup reviewed that the property was previously leased for $240 per year for a 10-year term which ended in 2005. The Council is considering if the yearly charge should be increased and what the term should be. Salmi felt that the Cook airport’s charge of $780.00 per year was a fair price. Kacon felt that was too steep of a jump. Salmi pointed out that it had been ten years since the fee had been adjusted. Pifher made a motion to negotiate a yearly increase in the charge, seconded by Lexvold. Pifher felt that this was appropriate so that there wasn’t a big price increase at the end of the lease term. Kacon felt that it was wise to wait for Earl Snell’s input before making any final decisions. Motion failed with all opposing. Motion by Salmi to table the item until Snell was available to offer input, with Kacon taking the lead on contacting Snell, seconded by Lexvold, MCU.
Airport Tractor: Tendrup reviewed that Gene Rajala had offered to fix the wheel on the tractor, however the equipment does not meet OSHA safety requirements and the City is unable to put it to use. Salmi thought it should be kept for a spare. Tendrup restated that it does not meet OSHA standards and the cost of upgrading it could be more than it was worth. Tendrup asked the Council what should be done with this equipment. Motion by Kacon to table it for more information and have the Public Works Department find out what necessary updates would be needed before it could be used, seconded by Pifher, MCU.
Criminal Prosecution Proposals: Proposals had been solicited for criminal prosecution services for the City. Two proposals were received for $1,000 each, which is $500 less that what Itasca County was proposing. Motion by Salmi to accept the proposal from Chad Sterle of the Dimich Law Firm, seconded by Lexvold, MCU.
Liquor Store Proposals: Two proposals were received for the purchase of the liquor store building. Tendrup noted that Storlie reported there were many interested parties that stated they did not have time to submit a proposal for this meeting, but would be interested in submitting one for consideration at a future meeting. Shaw also noted that he had heard from an individual recently that was interested in submitting a proposal. Tendrup reviewed the two proposals that were received. The first was from Jan Hufnagle for $125,000. Hufnagle was not interested in the remaining liquor inventory as she planned on using the facility for a retail shop. The second offer was from Danny & Darlene Infante for $160,000, however Infante stated that he would like to withdraw his offer based on his discovering that the $40,000 figure on the inventory was a retail amount, not wholesale. He stated that his intention was to operate the facility as a bar and off-sale facility. He stated that his offer would be for $130,000 including the inventory. Infante asked how long the bidding would be open and Tendrup responded that would be determined at this time. Shaw suggested that perhaps the most appropriate route would be for the City to state that proposals would be accepted for another month and then invite all interested parties to a meeting to bid against one another. He suggested holding a special meeting in April for this issue. He further suggested that earnest money be required. Salmi wanted to discuss whether a cash offer or a contract for deed would have a higher priority. Shaw stated that a contract for deed can be just as desirable as a cash offer if a large enough down-payment is received. He stated that the Council would be wise to see what types of offers come in before setting hard and fast rules on what would and would not be considered. Motion by Salmi to set April 14, 2006 as the deadline for submitting proposals, seconded by Pifher, MCU. A special meeting will be held on April 18, 2006 to consider all proposals received. Motion by Lexvold to accept offers in the form of a purchase agreement and to require earnest money in the amount of five percent of the total bid, seconded by Pifher, MCU. Shaw noted that the two parties who had submitted proposals tonight should reformat their offers in the prescribed form if they wish to resubmit them by the April 14th deadline.
City Beach: Tendrup reviewed the insurance company’s recommendations for our use of the property with no lifeguard on duty. Storlie had checked with Shaw on the deed and found that there are no notations on it stating that there are restrictions on how the City can use the property.
Water Meters for WilderNest Housing Project: Tendrup reminded the Council that they had previously waived water and sewer hookup fees for this project. Maki has questioned if this included the cost of the water meters. The cost of the meters needed for this facility is $1,032.35. Tendrup felt that the cost of the meter was normally part of the hookup fee and therefore should be waived. Salmi asked if WilderNest had any money available for this. Tendrup noted that they are relying on grant, loan and TIF funding and don’t have much room to change budgets at this point. Motion by Kacon that the City cover the cost of the meters needed, seconded by Lexvold, MCU.
City Clerk Temp Employee: Tendrup stated that Storlie had provided the information requested at the last meeting on hourly wages for temporary employees. The Council was in favor of using a temp service to fill the position. Salmi noted that any local person interested in the position could apply through the temp agency used. Motion by Lexvold to use a temp agency to fill the position and to set the hourly wage for the temporary employee at $13.00, seconded by Pifher, MCU.
NEW BUSINESS:
Jon Babcock: Police Chief Jon Babcock addressed the Council regarding fines for violations of the city snowmobile ordinance. He stated that the County Court Administrator was asking for a formal request for a fine amount for violations of this type. Babcock and Diane Gross of Itasca County have researched similar violations and found that $117 is a typical charge. Motion to set the fine for snowmobile ordinance violations at $117 by Lexvold, seconded by Pifher, MCU.
Donation Requests: Donation requests were received from the Minnesota Highway 38 Leadership Board, the Marcell Centennial Celebration, and First Call. The requests were tabled in a motion by Pifher, seconded by Salmi, MCU.
Transfer: Storlie requested permission to transfer $12,206.04 from the checking account to the general investment fund. This amount represents the excess money from the sale of the city house that had not been pledged to the 2006 budget. Motion by Kacon to make the transfer, seconded by Pifher, MCU.
LMCIT Safety and Loss Control Workshop: Storlie and Maki would both like to attend this workshop at a cost of $20 each plus mileage. Motion by Kacon to send Storlie and Maki to the workshop, seconded by Pifher, MCU.
Cemetery: Salmi reported that he had taken a look at the brushing needed at the cemetery. He had contacted Greg Cook about coming in to do the work and Cook felt it could be done in five hours and stated that he would not charge the City for any time over that. Tendrup questioned if this type of work would need to be put out on bids before we hired someone to do it. She recommended having Storlie check into this as well as talking with Maki on what had been budgeted this year for brushing at the cemetery. Salmi questioned if he could hire Cook provided that the money is in the budget. Pifher and Tendrup felt that the Council should see a formal proposal before making any firm decisions. Kacon stated that Maki would return from training at the end of the week and that Salmi should meet with him to discuss this. Lexvold made a motion to allow the hiring of the work out if it is determined that the money is in the budget for it, seconded by Salmi, motion carried with Pifher opposing.
Itasca County Land Sale Request Classification Notice: Itasca County has responded to the City’s request for the tax-forfeit parcel of property adjacent to the City cemetery with the decision to retain the property. Itasca County Commissioner Catherine McLynn reported that if the City were to supply the County Board with more information, they would reconsider the request. Motion to have Storlie send a letter to the County Board explaining the intended use of the property by Lexvold, seconded by Salmi, MCU.
Itasca County Snowplowing Contract: The County has supplied the City with the proposed contract for May 2006 through April 2007. Salmi wanted to know if Itasca County would do the snow removal on the Highway 38 bridge sidewalks. Tendrup noted that it was her understanding that the County had been approached about this and informed the City that they did not have the proper equipment and were not interested in performing the work for the City. McLynn stated that she would continue to discuss this with County staff. Tendrup returned to the issue of the plowing and grading contract for the coming year. The proposed rate for snowplowing is $600 per mile. The rate for grading is $500 per mile for one trip per month and $1,000 per mile for two trips per month. Motion by Salmi to enter into the contract as presented, seconded by Kacon, MCU.
OTHER BUSINESS:
Tendrup informed the Council that there has been some interest by local residents for the City to hold on to the old logging items from the Picaroon Saloon until after the City centennial celebration so that they could be used for display at that time. The Council felt this was a good idea. Motion by Salmi, seconded by Kacon to hold on to the items, MCU.
Kacon stated that he and Maki would be working on a new date for a Public Works open house.
Gene Collins asked if the city house had been sold and what it was sold for. Tendrup stated that it had been sold for around $36,000 and that the exact figure could be obtained from the City Clerk’s office.
Dave Waters was recognized at this time in the meeting. He presented a letter to the Council stating his resignation from his employment with the City. He thanked the citizens of the community for the opportunity to serve them. Motion to accept Waters’ resignation by Kacon, seconded by Pifher, MCU.
Mayor Tendrup adjourned the meeting at 7:56 p.m.
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.
Appendix A
Bigfork Police Department Police Report February 2006
3 09:00 indecent exposure 6 17:44 atl/welfare check 9 15:34 gas theft 9 21:16 obstruct legal process 11 21:02 felony d.w.i. 15 08:30 car crash 16 15:32 suspicious person 17 20:34 harassing phone calls 20 08:24 unsecured door 20 14:00 snowmobile/trespass 25 15:27 speed/snowmobile 27 13:50 property damage/business