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

City of Bigfork

Regular Meeting May 9, 2006

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

Absent: None

Also Present: City Engineer Julie Kennedy, Public Works Superintendent Mark Maki, Volunteer Police Officer Clint Sova, Police Chief Jon Babcock, Gus David, Dan Infante, Don Porter, Mark Davis, Julie Aakhus, Connie Maki, Robert Johnson and Kim Francisco

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

Public Forum: Storlie read a statement that was submitted by Gene Rajala. It read, “I recommend that you use the money from the sale of the liquor store to pay for the skidsteer that you are about to purchase instead of issuing a certificate of indebtedness”.

Mark and Connie Maki expressed concern about the growing number of cats and woodchucks running rampant in the area. They are especially concerned due to the fact that they have grandchildren up visiting fairly often. Mark asked if a trapper could be hired. Lexvold reported that the Department of Natural Resources allows for nuisance animals to be trapped. She further stated that cats are supposed to be trapped in the trailer court but it is not being done. Connie asked if the City had any gun laws and Police Chief Jon Babcock answered that, while there is no city ordinance, state law prohibits firing of a weapon when it could endanger life or property or within so many feet of an occupied dwelling. He recommended some type of live trap be used. Connie asked if tickets could be handed out for stray cats and Tendrup and David stated there is no city ordinance regulating this and furthermore, most of the problem cats are strays with no owner to ticket. Tendrup also reminded everyone that the Planning & Zoning Commission had been working on an animal ordinance, however without a local pound, it was difficult to draft an ordinance that would be enforceable. The issue will continue to be addressed by the Planning & Zoning Commission.

Mayor Tendrup called for additions to the agenda. The Bigfork Lions Club was added under New Business with a request for a gambling permit. Babcock was added under New Business with a proposed security camera ordinance. Andy Shaw was also added to the agenda with a few items. With these amendments, Lexovld moved and Pifher second to approve the agenda, motion carried unanimously, MCU.

Consent Agenda Motion by Pifher seconded by Lexvold to approve the consent agenda as follows:

#1- approval of the minutes of the April 11th regular and April 18th special City Council meetings

#2- approval of the Police Report for April 2006

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

#4- approval of the Budget Report for April 2006

#5- approval of the claims for payment in the amount of $66,072.65 including the April 14th, and 28th payrolls

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

Public Works Department Report: Public Works Superintendent Mark Maki reported that the frost was out of the most of the roads and sweeping and patching was being completed. A drag has been built to try to maintain some of the roads ourselves instead of hiring the County to do it as their prices have increased.

One discharge of the sewer ponds was completed with two more to take place this spring. We are starting to see some rock show through on the floor of the ponds which indicates that the enzymes being added are working to help the sludge buildup problem. The ponds will be shocked again with enzymes next month. Weeds around the ponds have been trimmed as required by the Minnesota Pollution Control Agency (MPCA).

The water treatment plant potassium permanganate system was rebuilt.

Degreaser was added to the main lift station. Residents will need to be notified that grease should not be put into the system.

Maki talked with Jim from the snowmobile club regarding the trestle bridge. The club will remove the wood sides and replace them with metal and will also replace the split rail fencing that has been damaged. Salmi wanted to know if the snowmobile club was going to pay for this. Maki stated that they were and he had volunteered to help them in the evenings.

Hydrants near school and hospital were flushed. The hospital is having pressure problems that are being investigated.

Samples are being delivered to Grand Rapids and Virginia. Scenic State Park is also discharging their system at this time and Maki has combined sample deliveries with them to save time and money.

Fire Department representatives met with County Commissioners on fire districts.

Maki talked with Mike from the Minnesota Department of Health on water treatment issues at the plant and answered his questions that arose from samples he took recently.

Maki was called to shut off a water service in order to fix leak.

The Public Works Department has been resetting valve boxes that popped up from the frost.

Maki has been assisting the construction crew with keeping Second Avenue near the funeral home patched.

Raking at the parks and cemetery has been done.

Maki attended a training seminar put on by the League of Minnesota Cities in Biwabik.

The Public Works Department repaired damage done by the state plows.

Mowing has begun for the season. Maki consulted our insurance loss control specialist on how to deal with roll-over protection equipment required on mowers. This equipment is not available for the SKAg mower and costs almost $800 for the Snapper. Push mowers and weed trimmers will be used on steep grades until proper safety equipment is available on the mowers and Maki has drafted safety procedures for operation of mowers.

Maki stated that the VFW is looking for names to be added to the monument. Anyone with a name needing to be added to the monument should contact the VFW.

The VFW’s remodeling of the kitchen is almost completed and looks fantastic.

Another Public Works open house is planned for May 16th from four to seven in the evening.

Maki has budgeted for inspection and cleaning of the water tower this spring. The company honored the quote they had provided us with last fall.

Salmi stated that even though it is being graded fairly often, Ottum Ave is bruising and needs Class V put on it. Maki noted that we had budgeted for this, however it was spread out over a three-year span due to the high cost and the number of other roads in just as bad or worse shape.

Tendrup asked if there were complaints this spring about odor from the sewer ponds as the enzyme company said there might be and Maki stated there was not but it may get worse when the ponds are shocked again with enzymes next month.

Tendrup commented that the weed inspectors met today before the Council meeting and there are some problem areas that need to be addressed.

OLD BUSINESS:

Julie Kennedy – Engineering Updates: Kennedy reported that she and Maki would be meeting with Casper Construction next Tuesday to review the list of items that need to be completed this spring on the CSAH 7 water/sewer/road project. The completion date for the project is June 30th, however they would like to have it done in time for the city celebration on June 10th.

Kennedy and Maki have continued to work with the MPCA on requirements for the airport mound system. Bergquist has been identified as a significant commercial user and we will need to draft some specific agreements with them as per MPCA requirements. Kennedy provided the Council with a copy of an email from her to Senator Tom Saxhaug. She explained that the bonding bill before the State Legislature includes Public Finance Authority legislation asking for appropriations of funds to correct the various failing systems such as ours across the state. If the legislation is passed, the City should received enough funds to cover the portion of the project not already covered by the 75% Army Corps of Engineers grant.

Bids were received on the geotechnical work on the mound system. Braun Intertec was the low bidder at $3,455. Kennedy recommends acceptance of the quote from Bruan. She reminded the Council that this work was needed and approved by them in order to start the process of determining the exact problem with the system and the best possible correction of the problem. This work will be completed by May 26th and Kennedy will report the results back to the Council at their June meeting.

Salmi asked for a monthly tabulation of the funds being spent on this project as well as a recap of where the money is coming from. This will be provided. Motion to accept the quote from Bruan Intertec for $3,455 by Lexvold, seconded by Pifher, MCU.

Kennedy’s final item was the Tendrup/Pifher water line which City Attorney Andy Shaw had comments on. Shaw explained that City staff is experiencing some difficulties in obtaining water meter readings at a few of the residences in town. City ordinances require that everybody hooked up to the system allow meters to be read. If a person is refusing to allow the meter to be read, the remedy is to shut off their service. One such situation is difficult because two services are on one line and one cannot be shut off without also shutting off the other. Shaw’s recommendation is that separate curb stops be installed for each service. If problems are still occurring, they can then be shut off. This is not the only situation where more than one service is off of one line but it is currently the only one causing a problem. Kennedy recommends first obtaining a 20-foot wide tax-forfeit parcel located adjacent to the properties and to have a survey crew come out and find the corners so that when curb stops are put in, we know they are on property lines. The cost of the survey would be about $650. Once property lines are clearly delineated, installation of curb stops could be completed for an approximate cost of between $2500 and $5000. The exact cost will be known after the survey is complete and the exact distances are determined. Kennedy explained that a curb stop already exists for the Tendrup service so one more would need to be installed solely for the Pifher service. The survey is needed to ensure that the curb stops are located on property lines. Alternative solutions were discussed. Shaw reviewed that regardless of whether or not an agreement could be come to about reading the meter, this fix needs to be made. Kennedy reviewed this is City responsibility since it was allowed when it should not have been. The installation of a curb stop is the cheapest way to achieve the goal of being able to shut off each service individually. Tendrup reviewed that the Council should pursue the tax forfeit property if they want to move ahead with this. She also reminded the Council that the City is ultimately responsible to supply both water and sewer services to all the properties located on Third Avenue, however we cannot afford to do that entire project at this time and this is the way to fix the current issue. Motion by Lexvold to pursue the tax forfeit property, seconded by Kacon, motion carried with Tendrup and Pifher abstaining due to conflicts of interest. Kennedy noted once the property is acquired, the survey can be ordered and quotes obtained for the work.

Andy Shaw was recognized at this time with his additional agenda items. The closing for the sale of the liquor store building had been set for May 12th, however it was necessary to postpone the closing until a liquor license is obtained by the purchaser. The transfer documents have been drafted for the deed, a bill of sale for the personal property and one for the remaining inventory valued at $10,000. A resolution authorizing the Mayor and Clerk to execute the documents must be passed. Shaw recommended authorizing the Mayor and Clerk to execute the documents ahead of time. The documents would be held at the closing company to be fully executed upon receipt of the liquor license. Motion to pass the resolution by Lexvold, seconded by Pifher, MCU.

Shaw explained an issue that had arisen during the drafting of the liquor store sale documents. The original legal description of the premises was Lots 1-7, Block 3, Fourth Addition to Bigfork. An agreement took place in 1999 between North Itasca Electric and the City where North Itasca gave the City Lots 1 and 2 and in turn the City vacated a portion of Spruce Street. It is apparent that the vacated portion of Spruce Street was not where everyone thought it was at the time of the agreement. It was anticipated that Lots 1 and 2 would become a new public right of way but the City never established it as such. Shaw has drafted a resolution for this process to completed, designating Lot 1 and the north 10 feet of Lot 2 as public right-of-way. Motion to approve resolution by Kacon, seconded by Salmi, MCU.

Dan Infante asked if he could be allowed to access the liquor store property prior to the closing in order to get started on some of the work needed prior to his opening. Shaw stated that he did not have a problem with this other than the fact that the inventory is still in the building. He suggested contacting the State liquor control board to see if it is permissible for the City to allow access by an unlicensed person. Tendrup asked about our own insurance liability and Shaw noted we still have premises coverage on the property. Shaw recommended allowing Infante access if the State has no objection. If the State does have an issue with this, Shaw stated that Infante would have to pay for a representative of the City to be present while he was accessing the property. Infante did not feel he should have to pay the cost of this. It was suggested that perhaps a member of the Council would be willing to provide the supervision for free. Motion by Pifher, seconded by Lexvold to allow Infante access with supervision being provided by Salmi, MCU.

Shaw reviewed that Sunday liquor sales can only be authorized by the voters of the City. The question was asked how the question gets on the ballot and Shaw has found that this is done by resolution of the Council. If the Council wishes to include the question of whether or not to allow Sunday liquor sales on the November ballot, they can pass a resolution posing this question to the voters. Shaw noted that Sunday liquor licenses are only issued to restaurants, clubs, bowling alleys and hotels which means that Infante’s establishment would not be eligible unless he is serving food and the liquor is served in conjunction with the food. Infante understood this.

Shaw stated that he had been asked to research the Planning & Zoning Commission’s proposed Off-Highway Vehicle (OHV) ordinance. Unless a City passes an ordinance allowing the use of OHVs on City streets, it is not allowed. The Planning & Zoning Commission would like to pass such an ordinance, however there are many requirements, including insurance and permitting, that the State Statutes impose if the City elects to allow this use. The Commission had hoped to pass an ordinance allowing use of OHVs on all roads within City limits, including those County roads located within City limits, however it does not appear that the City has the authority to do this. Furthermore, the Commission had hoped to avoid having to implement a permitting system and require insurance on all OHVs operating within City limits and it does not appear that this requirement in State Statute can be avoided. Kim Francisco, president of the Wilderness Wheelers ATV Club, stated that without the City passing an ordinance, ATV users would be stuck and their plans for a trail would not likely happen. It was agreed by all that the City would like to allow use of ATVs as much as possible. Babcock felt that the Planning & Zoning Commission had tried to get around the State requirements, however it was obvious that there was no way to do so. He felt that the City should just bite the bullet and pass an ordinance that conforms to the requirements of the State. The Planning & Zoning Commission will work with Shaw to redraft the proposed ordinance.

Babcock asked about the City’s existing ATV ordinance and Shaw noted that since it does not conform to State Statute requirements, it is not valid. Babcock asked how he should proceed with enforcement until such time as a new ordinance is in place. Shaw restated that ATV use on streets is not allowed unless a valid ordinance is in place and felt that this needed to be enforced until an ordinance is in place governing the use.

Use of Elm Street for BWC ATV Pull: The Council had previously granted permission for the ATV Club to conduct an ATV pull during the Bigfork Wilderness Celebration on that portion of alleyway behind the liquor store building. Due to conflicts with entertainment being planned in the North Itasca Electric building, they are requesting that they be allowed to use the portion of Elm Street between the Kocian’s parking lot and the old Huskie Café building. Motion by Pifher, seconded by Lexvold to allow this, MCU.

VFW Basement Remodeling: The VFW is requesting permission to continue with the basement remodeling by painting the wood in the main room. Much of the wood is damaged and should be patched and painted rather than refinished. The VFW also has plans for new flooring in the main room. Motion by Pifher, seconded by Lexvold to allow this, MCU.

NEW BUSINESS:

Bigfork Lions Club Gambling Permit: Mark Davis was present representing the Bigfork Lions Club to request approval of a resolution to allow charitable gambling at the Wilderness Bar once it opens. Motion by Pifher, seconded by Lexvold to approve, MCU. Mayor Tendrup signed the resolution.

Security Camera Ordinance: Babcock has drafted an ordinance prohibiting tampering with security devices. The Planning Commission has not yet reviewed this, however it should be passed now as this is an issue at the school that needs immediate attention. Tendrup suggested passing the ordinance as is for now and then incorporating it into one of the new titles of the City Code of Ordinances as they are completed. Motion by Pifher, seconded by Lexvold to pass the ordinance, MCU.

Babcock noted that the County Attorney’s office will need a recommendation for the amount of the fine for violation of this ordinance and suggested that it be set at $117. Motion to recommend this by Kacon, seconded by Pifher, MCU.

Liquor License Application: A liquor license application was received from Dan Infante and Darlene Westerman for the Bigfork Wilderness Bar. Motion to approve the application by Lexvold, seconded by Pifher, MCU. The application must now be sent to the State Alcohol Board for certification.

Proposed Budget Amendments: Storlie presented the proposed budget amendments and explained that they were the recommendations of the auditor based on a revised way of accounting for social security/medicare benefits. Also included in the amendments is an increase in receipts due to the contribution from Itasca County for the airport, and the additional funds received from the sale of the city house. Motion to approve proposed amendments by Kacon, seconded by Lexvold, MCU.

Personnel Committee Recommendations: The Personnel Committee conducted interviews for the position of Water/Wastewater/Maintenance Assistant and is recommending that Mr. Michael Hunter be hired for this position, contingent upon the results of a background check and pre-employment drug testing. Motion by Lexvold to accept the Personnel Committee’s recommendation, seconded by Pifher, motion carried with Salmi opposing. The Personnel Committee was also recommending revisions to the personnel policy relating to call-out pay and employee health insurance. Tendrup noted that these amendments do not change the way we are doing things, they simply put in writing the procedures we have already been using. Motion to approve amendments by Lexvold, seconded by Pifher, MCU.

Planning & Zoning Commission Recommendations: The Planning & Zoning Commission is recommending the approval of two ordinances, the first amending Title III and the second regulating certain sexual offenders and sexual predators. Motion to approve Ordinance #125 by Kacon, seconded by Pifher, MCU. Motion to approve Ordinance #126 by Kacon, seconded by Pifher, MCU. Tendrup noted that these ordinances have been reviewed by the City Attorney. Motion to approve summaries of ordinances #125 and #126 by Kacon, seconded by Pifher, MCU.

Big Fork River Board Update: Tendrup noted that the Big Fork River Board had met last Tuesday. The Board has a lot to do with zoning and building along the Big Fork River, including properties along the river within City limits. The Planning & Zoning Commission joined in the Board meeting. Tendrup stated that Board Chairman Catherine McLynn updated them on the various proposed projects in the area that could affect the river. There were not enough voting members present to have a quorum, but it was a very informative meeting.

OTHER BUSINESS:

Maki reported that on Monday May 15th Sheriff Pat Medure would be at the Fire Hall around 7:00 or 7:30 p.m. to discuss Itasca County’s new radio system. This new system will cost the community for maintenance fees.

Maki received a call from Aitkin Implement and the equipment that was ordered may arrive as early as the 15th of May. Tendrup stated that she understood that Maki had some difficulties getting quotes as requested by the Council at the last meeting. Being as the vendors already knew we were purchasing under the Minnesota Bid Spec, they were unwilling to give a quote since the rate is already set by the State. Aitkin Implement was nice enough to quote us what would be charged to a customer not using the Minnesota Bid Spec. It was calculated that the City saved $9,210.12 on the base equipment, not including the savings on each of the attachments, by using the Minnesota Bid Spec. Maki thanked the Council again for purchasing this equipment as it will greatly enhance the Public Works Deptartment.

Mayor Tendrup adjourned the meeting at 7:54 p.m.

Angie Storlie

City Clerk