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

City of Bigfork

Public Hearing and Regular Meeting May 8, 2007

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

Absent: None

Also Present: Julie Aakhus, Alden & Alice Olson, Alberta Zagrabelny, Jim Manske, Gene Collins, Robert Johnson, Mike Larson - Bigfork Township, Al LaTrace, Water/Wastewater/Maintenance Assistant Joe Zimmer, Public Works Superintendent Chuck Almhjeld, City Engineer Julie Kennedy, and Police Chief Jon Babcock

Mayor Tendrup called the public hearing on the vacation of Rosy Street to order at 6:00 p.m. Tendrup reviewed that the portion of the street proposed to be vacated is not currently being used as a city street and that the Council had first considered this vacation request back in 2002 but had never followed through and completed the vacation. Alden Olson verified this and noted that the property owners affected had proceeded as though the street had been vacated and so it was appropriate to formally do so at this time. It was verified that no City water or sewer main would be affected by the vacation.

Tendrup closed the public hearing and called the regular meeting to order at 6:08 p.m.

Resolution 2007-06: Storlie explained that City Attorney Andy Shaw had made some changes to the resolution calling the public hearing on the vacation of Rosy Street and a revised resolution needed to be passed. Motion to pass Resolution 2007-06 by Lexvold, seconded by Koppelmann, motion carried unanimously, (MCU).

Resolution 2007-07: This resolution provides for the vacation of Rosy Street where the same lies between Lot One (1), Block Five (5) and Lot Five (5), Block Six (6), Plat of Neveux's Addition to Bigfork. Motion by Rajala to pass Resolution 2007-07, seconded by Salmi, MCU.

Public Forum: Tendrup asked anyone wishing to address the Council to do so at this time. As no one wished to do so, the public forum was closed.

Tendrup asked for additions to the agenda noting that she needed to add under New Business the ARDC grant and the Casual Maintenance Laborer position.

Consent Agenda Salmi asked that the claims be removed for further discussion.

#1- approval of the minutes of the April 10th regular City Council meeting

#2- approval of the Police Report for April 2007

#3- approval of the City Clerk’s Office Report for April 2007

#4- approval of the Financial Report for April 2007

#5- approval of the Public Works Department report for 2007

#6- confirmation of the hire of Water/Wastewater/Maintenance Assistant Joseph Zimmer and Police Officer Clint Sova based on the satisfactory outcome of drug and alcohol testing and background checks

#7- acceptance of the six-month probationary period performance review of Public Works Superintendent Charles Almhjeld

#8- removed for further discussion

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.

Consent Agenda Item #8: Salmi asked about a claim to SceneScapeS for snow removal and Storlie explained the claim was for an invoice from March of 2006 that had not been received until now. Salmi next asked about the claim from Miller McDonald, Inc. for the 2006 audit. He felt the charge of $7,150 was high based on the fact that there was no liquor fund to audit. He suggested that Storlie get quotes from more audit firms for the 2007 audit. Salmi's final question was on a claim to Northome Record. Storlie stated this was a down payment on the printing of the Centennial Book that has been put together for the City's Centennial Celebration. She clarified that the money for this comes out of the Celebration fund. Motion by Lexvold to approve claims paid in the amount of $23,463.38 including the April 13th and 30th payrolls and to approve the Claims for Payment in the amount of $31,105.09, seconded by Koppelmann, MCU.

Commissioners' Reports: Cemetery Commissioner Gene Rajala reported that he has been talking to Cemetery Sexton Jerry Pula about a small area that could be used for more burial plots. The area had been plotted at one time but had since grown over. Rajala and Pula will work on clearing and preparing the area.

Airport Commissioner Salmi reported that tar that was scraped off the runway during snow removal will interfere with lawn mowing. The Public Works Department is already aware of this and Almhjeld reported that they will take care of it. Salmi also reported that the airport bathrooms need some attention. Almhjeld will take care of this as well.

UNFINISHED BUSINESS:

Julie Kennedy - Engineering Updates: City Engineer Julie Kennedy of Short Elliott Hendrickson Inc. presented a memo to the Council outlining each of the items she has been asked to work on. She began with a comment on the Planning & Zoning Commission recommendation to the City Council to apply for a County State Aid Highway (CSAH) 78 project with Itasca County. The Council had requested that the Planning & Zoning Commission review the condition of County Roads within City limits and make a recommendation as to which road the City should petition the County to schedule a project for. Kennedy pointed out that the County will want a commitment from the City to complete utility upgrades in conjunction with any road project that is done and she cautioned against making this commitment without knowing the cost of those upgrades. She reviewed that there are other possibilities for the City to consider such as moving the CSAH designation to a different road. There are ramifications to doing this including future maintenance of the road that would have the designation removed, as well as the possibility of having to pay back any CSAH funds that have been used for past projects on the road. Kennedy suggested that the most efficient way for the Council to make a decision was to come up with all of the possibilities and put a cost to each of them so that an accurate comparison can be made. Salmi wanted traffic count information for the various roads. He asked if it was likely that improvements would ever be done to Division Avenue north (County Road 236) if it was not designated as CSAH. Kennedy answered that it is her understanding from the Itasca County Highway Engineer that Division Avenue north is so low on the priority list that it will not likely see improvements in our lifetime. Salmi asked if it was possible to move the CSAH designation to a City street rather than a County road. Kennedy stated that it may be possible but it would be a hard sell due to the fact that there are stipulations on characteristics that a road must have before it can be classified as CSAH. These stipulations include proof that the road is not residential but is a connecter road, among other things. Tendrup felt that until the Council knows what is going to happen with well #4, it would not be wise to commit financially to anything else. After more discussion on possible utility upgrade costs, as well as maintenance and payback issues associated with transferring CSAH designation, it was the general consensus of the Council not to pursue a road project in conjunction with Itasca County at this time. Kennedy suggested that a courtesy email be sent to the Itasca County Highway Engineer informing him of this decision.

Kennedy's second item was an easement request from the Bigfork Alumni Group for the proposed Athletic Complex. They are requesting a 15' x 25' permanent easement from the City for the long/triple jump area. Kennedy stated that granting of the easement will not adversely affect any of the City utilities in that area. Kennedy also stated that the long/triple jump area could was completely removable if there ends up being an issue of some sort in the future. Tendrup clarified that the granting of the easement was solely for this purpose and, if granted, the school could not do something else with the property. Salmi was concerned about City utilities in that area. Rajala asked how far the sewer main was from the area of the easement and Kennedy reported it was about 25 feet and reiterated that City utilities would not be affected by this. Motion by Rajala to grant the Bigfork School, ISD 318, a permanent easement as shown on the map presented by Kennedy, seconded by Salmi, MCU.

Kennedy's third item related to the airport pavement maintenance. The City has been notified by the Minnesota Department of Transportation (MnDOT) that if the City intends on completing the seal coating project that was included in our Capital Improvement Plan (CIP) in 2007, we need to notify them by May 15th. Kennedy explained that seal coating the runway would cost the City about $14,000 and would last for 2 to 3 years. By comparison, reconstruction of all pavement at the airport would cost about $60,000 and could be expected to last for 15 to 20 years. It was the general consensus that the reconstruction project would need to be done regardless and so it didn't make sense to spend money on seal coating in the meantime. Kennedy stated that Storlie should inform MnDOT that the City does not intend to complete the seal coating project and would like to add the pavement reconstruction project to our CIP for 2009-2010. Rajala questioned if this project would be eligible for the same 80/20 split between MnDOT and the City as the crack repair project had been. Kennedy clarified that, due to the cost, the City will need to begin lobbying at the MnDOT Aeronautics Division for support of this project and commitment of an 80/20 cost share.

Kennedy reported that she, Water/Wastewater Commissioner Lonnie Kacon and Almhjeld had met with two representatives from Bergquist to settle on the terms of the Significant Industrial User (SIU) agreement. The Minnesota Pollution Control Agency (MPCA) has stated that the agreement must require that the waste discharged by Bergquist be domestic strength. Bergquist was agreeable to this requirement and the SIU will be drafted to reflect this. Almhjeld added that Bergquist had agreed to pay for pumping of the system two times per year. Kennedy will submit the completed SIU agreement to the MPCA. Kennedy noted they also discussed the rehabilitation of the mound during the meeting with Bergquist, including the stringency of the MPCA requirements in reconstructing a new mound system in the same location as the current mound. The design guidelines laid out by the MPCA allow for little reuse of the existing equipment resulting in a more costly improvement project. Because of the low flow actually being produced by Bergquist (less than 200 gallons per day), it was decided upon by both the Bergquist and City representatives to request approval from the MPCA for a modified corrective action that would include a portion of the original work. The modified design would include installing the new directionally drilled line from Bergquist to the mound site, lining the interior of the tanks, performing terra-lifting on the existing mound materials, and removing the drain tile. Rajala wanted to make sure that the inflow was coming from the pipe between Bergquist and the mound and that this modified design would indeed fix the problems. Kennedy stated that there is a meter on both ends of the pipe and we know for a fact that the majority of the inflow being contributed is from that pipe. Rajala asked why then we can't simply replace that pipe and be done. Kennedy responded that it all depends on what the MPCA will allow us to do. Rajala asked if the pipe had ever been pressure tested and Kennedy responded that it had not due to the fact that we already knew it was leaking and feared that pressure testing it would cause it to blow apart. Kennedy reviewed that this approach is modified from what was originally agreed upon but clarified that it would be a more efficient way to solve the problems that we have. She added that there would have to be some disclaimers put in place if this modified approach is accepted, including an updated design capacity since we know the mound as it sits will not handle the original capacity of 1,400 gallons per day. Rajala stated he was in full agreement with the modified approach and added that he would like to be included in any future meetings that take place such as the one with Bergquist. Kennedy will continue to work with the MPCA on a design that is acceptable to them and the City.

Kennedy's final item was the proposal for investigation into well #4. The Council has identified this project as a top priority and had asked Kennedy for a proposal on the work that needed to be done to get the well online. Kennedy reviewed that the proposal includes work necessary for the City to determine whether it is beneficial to proceed with approval of the current well or seek a different location altogether for a new well. Salmi asked whether or not sewer would need to be brought to the site and about the possibility of having to move the private sewer line that runs nearby. Rajala stated that the need for sewer would depend on whether or not a treatment plant would be located there or not which would depend on the outcome of Kennedy's evaluation. Kennedy added that the possible relocation of the sewer line was also not a concern until it was known if the well was going to be usable or not. Rajala made a motion to accept Kenney's proposal, seconded by Salmi, MCU. Kennedy noted that one of the items in the proposal was a joint meeting with the City and the Minnesota Department of Health (MDH). She stated that Council members were certainly welcome to participate in the meeting and she would notify Storlie of the date and time.

Bigfork Township - Beach Operation: Mike Larson stated that Bigfork Township was willing to contribute $3,000 matching funds for operation of the beach this summer. This is in addition to the training costs they have already covered. He suggested that a committee be formed to make decisions on hours of operation, maintenance, etc. Tendrup noted that Lexvold is the City's Parks & Recreation Commissioner. Larson invited Lexvold and Storlie to the next Township Board meeting to discuss the issue further. Motion by Rajala to accept Bigfork Township's proposal, seconded by Salmi, MCU. Tendrup reminded the Council that anyone hired under the age of 18 would need to have supervision by an adult in order to work as a lifeguard. Larson stated that some of the students the Township had sent to training were 18. Storlie reported that she had sent letters requesting donations as directed at the last meeting and so far the only donation received was $1,000 from People In Business Care. Babcock suggested that a letter be sent to the Bigfork Ambulance Association and Aakhus suggested requesting donations from the VFW and Auxiliary. Rajala suggested putting donation cans in Main Street businesses. LaTrace stated that he had cans that could be used. Tendrup volunteered pick them up, prepare them and place the in the businesses. Babcock suggested placing an ad in the paper as there might be some individuals who would be interested in donating. Motion to direct Storlie to place an ad asking for beach donations by Lexvold, seconded by Koppelmann, MCU. Motion by Rajala, seconded by Koppelmann to direct Storlie to place an ad for the position of lifeguard and to authorize Storlie and Lexvold to work with Bigfork Township on the hiring for the position and other beach operation issues, MCU.

Review of Personnel Committee Recommendations: The Personnel Committee had met as directed by the Council and reviewed employee benefits. They presented their recommendations for changes to take effect in the 2008 budget year. Rajala did not agree with the recommendation regarding on-call weekend hours. The Personnel Committee was recommending that the employee who is on-call be paid for two hours time regardless of whether or not they are called in. Salmi agreed with Rajala that it is part of the job to cover the weekend. Tendrup clarified that these recommendations did not need to be acted upon by the Council, but were simply recommendations for the Budget Committee and Council to consider when preparing the 2008 budget. Other recommendations related to vacation accumulation, vacation for the Police Chief position, and premium cost-sharing for employee health insurance. Tendrup again clarified that these are recommendations from the Personnel Committee to the Budget Committee and if the Council wanted to make recommendations as well, they could do so.

NEW BUSINESS:

Transportation Planning Grant: The Planning & Zoning Commission has reviewed this grant program and recommended that the City apply for it. The grant provides for Arrowhead Regional Development Corporation (ARDC) staff time to assist the City in transportation planning. Storlie has prepared the application with assistance from Rural Community Coordinator Tim Johnson and presented it for Council to approve. Motion to submit the application by Salmi, seconded by Lexvold, MCU.

Resolution 2007-08: Resolution 2007-08 provides for part-time police officer participation in the Public Employee Retirement Association (PERA) Police & Fire Plan. Storlie explained that part-time police officers are not allowed to participate in this plan unless the Council passes a resolution allowing it. The Police & Fire plan has a higher contribution rate for both the employee and the employer. Rajala felt that part-time officers should not be allowed to participate in this plan. Tendrup stated that she looks at it as an incentive to stay on if they already have an investment. Rajala stated that, based on this month's police report, he didn't feel the City needed even part-time coverage. Tendrup argued that in her discussions with local business owners, she sees a need for as much coverage as possible by our own local police force. Rajala felt that the County deputies are around constantly anyway and he feels that in the future the City should think about depending on them for coverage. Motion to not pass Resolution 2007-08 by Rajala, seconded by Salmi, MCU.

Centennial Celebration Fireworks and ATV Pull: The Centennial Celebration planning committee would like to have a fireworks display at the June 9th celebration. Mike Marthaler has agreed to put on the display and the committee is requesting that the City hire him for the day as an employee so that he is covered under the City's insurance. The fireworks display will be contingent upon Minnesota Department of Natural Resources permission. Motion by Lexvold to hire Marthaler for the fireworks display, seconded by Rajala, MCU. The Wilderness Wheelers ATV Club is planning on having an ATV pull again at this year's celebration and they have requested that gravel be put on the alleyway between Kocian's parking lot and Ash Street so it is ready for the pull. Almhjeld stated that the City had some gravel and the Public Works Department could take care of it. Motion by Lexvold to direct the Public Works Department to get the road ready for the pull and to ask the ATV Club to smooth the area back out after their event, seconded by Koppelmann, MCU.

Planning & Zoning Commission Recommendations: The Planning & Zoning Commission had discussed non-resident water and sewer user rates as requested by the City Council. The Commission invited those users affected to their meeting and, after discussion with those that attended, are recommending that rates for non-resident commercial properties be increased by 50% and for residential properties by 15%. It was further recommended that City ordinances be amended to reflect that connections to properties outside of City limits would not be allowed and that any such properties requesting connection would first be required to annex into the City. Tendrup stated that those in attendance at the Planning & Zoning Commission meeting were understanding of the reason for the rate increase. Salmi stated that if we are going to provide Bergquist with a sewer system, he would like to see it added to their contract that they will agree to annexation into the City if it is ever possible.

Motion to accept the Planning & Zoning Commission recommendations by Rajala, seconded by Salmi, MCU.

Rajala asked if we were able to shut people off who were still delinquent in their water and sewer accounts on May 15th. Storlie clarified that the Minnesota Cold Weather Rule is in effect from October 15th to April 15th and that users with currently delinquent account had until the end of next week to bring their accounts up to date. Rajala said that any delinquent accounts should be shut off. Storlie explained that the City's policy is to send a letter each month to any account unpaid stating that they have ten days to pay. If the account is still unpaid on the ninth day, a 24-hour notice is hand-delivered to the property. If they haven't paid by the next day, their service is disconnected and the account must be paid in full, plus an $85 reconnection fee, before service is reinstated. Salmi asked to be notified of the users who had not paid. Storlie asked if the Council wanted that information in their packets each month. Tendrup stated that, while the information is public, she did not feel it was appropriate to place in packets each month and stated that any Council members who wanted the information could stop into the Clerk's Office and ask Storlie for it. Storlie asked how strict the Council would like her to be regarding partial payments as there are a handful of accounts with fairly large balances and the users have made partial payments but are still past due with at least a portion of the balance. The Council expressed that they wanted the ordinance followed to the letter and that accounts must be paid in full to avoid having service shut off.

Approval of Letter Requesting Airport Funding from Itasca County: Storlie provided a copy of a letter to be sent to Itasca County requesting their financial support for the airport in 2008. In prior years, the County has contributed $6,000 and it has been suggested that the City increase the amount of their request to $10,000 based on the projects that will be necessary at the airport in coming years. Motion by Lexvold to send the letter, seconded by Koppelmann, MCU.

Casual Maintenance Laborer Position: Almhjeld requested that the Council consider filling the Casual Maintenance Laborer position that is still vacant. He stated that the position was budgeted for and he will need the help for lawn mowing, etc. Rajala felt that the Public Works Department should wait until they are behind before they hire another person. He stated that before another person is hired, they should make sure they can't do the job themselves. He felt that they could cut down on the amount of mowing that is done at the airport. Tendrup agreed that some of the mowing could be cut down on, but stated that she felt the third employee was necessary. Rajala stated that it had always worked in the past for the two public works employees to get everything done. Storlie pointed out that past Council had usually hired help for the summer mowing season. Tendrup added that even with that help things had not been maintained as they should and this position was necessary to allow the other two public works employees time to focus on those issues rather than the routine housekeeping type tasks. Almhjeld stated that he would contact the Bigfork Flying Club regarding their contributions to maintenance of the airport. Motion by Lexvold, seconded by Kopplemann to advertise for the position and authorize Almhjeld to conduct the hiring process, motion carried with Rajala opposing.

Participation in League of Minnesota Cities Small City Financial Viability Task Force: The League of Minnesota Cities is requesting volunteers to serve on a Small City Financial Viability Task Force. Storlie reported that the task force will meet once a month for 6-9 months and that the meeting will likely be in the Twin Cities, however some may be held in Greater Minnesota. Storlie stated that the only cost to the City will be mileage to and from the meetings. Motion by Rajala to direct Storlie to volunteer to serve on the task force, seconded by Lexvold, MCU.

OTHER BUSINESS:

Salmi stated that he wanted to be sure that the McGarry lift station was working in case we get a forest fire. Almhjeld noted that he has already arranged for a company to come and repair it and they should be here next week.

Mayor Tendrup adjourned the meeting at 8:04 p.m.

Angie Storlie

City Clerk/Treasurer