City of Bigfork

Regular Meeting November 11, 2009 City Council Chambers

Members Present: Mayor Roger Logdahl, Linda Koppelmann, Amy Pifher, Mike Stevens, and Bob Zimmer

Members Absent: None

Also Present: Police Officer Patrick Richards, Jennifer Hollenday, Water and Sewer Commissioner Jim Manske, City Engineer Matt Pellinen, Dave Asher, Warren Welch, Al LaTrace, Carol Pifher, Airport Commissioner Richard Salmi, Gene Ward, Carolyn Schmit, Police Chief Jon Babcock, Leo Kern, Ken Westman, and City Clerk/Treasurer Mike McKinney

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

Public Forum:

Jennifer Hollenday addressed the Council regarding how late fees are currently assessed for past due water and sewer bills. She also expressed interest in automatic payments for water and sewer bills.

As no other individuals wished to address the Council, Logdahl closed the public forum at 6:05 p.m.

Agenda

Logdahl requested that the updated agenda be amended to include a report from the Police Chief on the collection of unpaid bar fines.

Stevens motioned to approve the updated agenda as amended, seconded by Pifher, motion carried unanimously (MCU).

Consent Agenda

Logdahl noted that the bulk of the Claims for Payment are for recently billed engineering fees from SEH.

Pifher motioned to approve the Consent Agenda as follows:

Item #1 approval of the minutes of the October 13, 2009 regular City Council meeting Item #2 approval of the City Clerk’s Office Report for October 2009 Item #3 approval of the Financial Report for October 2009 Item #4 approval of the Public Works Department Report for October 2009 Item #5 approval of the Claims Paid in the amount of $31,683.31 including the October 15th and 31st payrolls and approval of the Claims for Payment in the amount of $133,104.86.

Motion seconded by Zimmer, MCU.

Commissioner’s Reports:

Airport Commissioner Dick Salmi provided his report. He noted that he spoke to Itasca County, who informed him that they are short on snowplowing equipment. He felt that the County could still clear the runway. He expressed concerns that the pipes near the runway would get knocked over by snowplowing equipment and should be marked so snowplow operators know where they are. He also noted that the clay shoulders of the runway and the potholes in the entrance driveway to the airport are still concerns and should be fixed before winter.

Water and Sewer Commissioner James Manske provided his report. He stated that the Public Works Superintendent took him on a tour of the City’s sewer and water facilities. He said that problems still exist with the mixing chamber and the pumps at the water treatment plant. He told the Council that public works employees cleared brush around the wastewater detention ponds. He also noted that the cattails in the secondary pond are becoming too thick and must be cleared out. He also stated that the last transfer from the primary pond has been completed. He acknowledged that painting the interior of the water treatment plant would likely make little difference to its appearance and felt that the lighting in the water testing area was poor.

Cemetery Commissioner Mike Stevens did not provide a report.

Parks and Recreation Commissioner Amy Pifher did not provide a report.

Unfinished Business

City Engineer Mathew Pellinen provided his report. He noted that the condemnation proceedings for Parcels 8 and 14 at the airport are complete and that the Court has required that the City pay their assessed property values, which are $6,300 for Parcel 8 and $3,500 for Parcel 14. He also noted that due to a typographical error in the legal description of Parcel 14 (07-010-2300), the City must adopt a new resolution exercising the City’s eminent domain rights over that parcel.

Stevens motioned to approve payment to the Court for the airport parcels in the amounts of $6,300 for Parcel 8 and $3,500 for Parcel 14, seconded by Koppelmann, MCU.

Stevens motioned to approve Resolution 2009-10 authorizing the exercise of the City’s eminent domain authority over Parcel 14 (07-010-2300), seconded by Koppelmann, MCU.

Pellinen stated that work at the airport should be completed by the end of November. He also noted that a pay request has been submitted by Casper Construction in the amount of $756,718.13 for work completed up to October 23, 2009. He suggested that the City approve two payments, one payable immediately and one payable upon receipt of reimbursement from the Minnesota Department of Transportation.

Stevens motioned to approve the pay request to Casper Construction for $756,718.13 in two payments, Pifher seconded, MCU.

Zimmer requested that Pellinen look into a water and sewer backup in the City last year to find out whether the home is at risk of further backups.

New Business

Automated Payment System, Direct Deposit, and Credit Card

Staff stated that some City residents have expressed interest in establishing automated payment of their water and sewer bills. He also noted that City employees have expressed interest in establishing direct deposit to deposit their paychecks directly into their bank account. City employees have also expressed concern over paying for certain items with a personal credit card since the City does not maintain a credit card account. Carolyn Schmit from the First State Bank of Bigfork came to discuss the possibility of establishing an automated payment system, direct deposit service, and credit card account for the City of Bigfork. She stated that if the City established an automated payment system and a customer did not have sufficient funds to pay their bill when their account was charged, the City would be charged a fee by the bank and would need to collect that fee from the customer. She stated that the customer would need to sign an agreement authorizing deductions from their account. She also noted that the Bank would charge approximately $10 per month each for the automated payment system and the direct deposit service as well as $0.02 to $0.03 for each individual transaction. Pifher noted that this will save time for the City Clerk/Treasurer to work on other tasks. Stevens noted that this will be a benefit to the taxpayers. Schmit stated that if the City were interested in setting up credit card payments that it would need to become a merchant, which requires a minimum monthly fee as well as a set percentage of the total credit card payment.

Stevens motioned to direct the City Clerk/Treasurer to work with the First State Bank of Bigfork to establish an automated payment system, direct deposit service, and credit card account for the City of Bigfork, Pifher seconded, MCU.

Election Process

Staff stated that Itasca County has provided costs comparisons for polling place and mail ballot elections. Council noted that cost comparisons between each alternative indicated that holding polling place elections would be a less expensive option. Council also noted that establishing a polling place election should still allow for absentee balloting for those unable to come to City Hall to vote. Stevens noted that if the City established polling place elections, the election judges would be from the City, providing income for local residents.

Zimmer motioned to abandon the mail ballot and to establish polling place elections in the City of Bigfork, Stevens seconded, MCU.

Resolution 2009-11

Staff stated that this resolution would appoint the City’s Police Officer as Sergeant/Acting Chief in the Police Chief’s absence. The Police Chief noted that he was not aware of this change. Staff stated that the item was placed on the agenda earlier in the day.

Stevens motioned to table this item for consideration at a future City Council meeting, Koppelmann seconded, MCU.

Sewer and Water Late Fees and Delinquencies

Staff noted that several water and sewer customers have expressed concerns over the rate at which late fees are assessed to delinquent accounts. Staff stated that he has read the applicable ordinances and found that delinquent customers are currently charged for late fees that have not been approved by the City Council via ordinance. Stevens felt that the late fees included in City ordinances offered enough of an incentive for customers to pay their water and sewer bills. Staff noted that the late fee is designed to get people to pay and to collect interest on money that should have been paid to the City earlier. Staff also noted that some customers have been charged for street light service even though they are not City residents and are thus exempt from those charges.

Stevens motioned that the City Clerk/Treasurer adjust water and sewer balances to reflect current City ordinances for how late fees should be assessed for any late fees assessed in 2009, Pifher seconded, MCU.

DEED Grant for Hospital

Ken Westman and Leo Kern from Bigfork Valley Hospital came to inform the City Council that the Hospital has discussed moving forward with economic development northwest of the City near County Road 14 and Division Avenue, which would require sewer and water connections for a business and a residential property. Kern noted that the Hospital would pursue funding for this project via grant application. Logdahl noted that City approval of the project would depend on the existing demand on the City’s water and sewer facilities and what impact this new development would have upon it. Logdahl instructed staff to call a special meeting of the Planning & Zoning Commission to address this issue.

No formal action was taken.

Update of Resolution 2009-08

Action on this item was taken during the City Engineer’s Report

Abstentions and Conflicts of Interest

Staff noted that a resident had asked for clarification regarding when a member of the City Council should abstain from voting on an issue. Staff provided two recent examples of votes that the resident considered questionable. Pifher noted that the issue was too minor to be considered a problem. Stevens noted that this issue did not warrant discussion.

No formal action was taken. Bigfork Comprehensive Plan

Staff stated that the Planning & Zoning Commission has asked for permission to move forward on comprehensive planning for the City of Bigfork. Staff noted that the plan would likely be compiled by the Arrowhead Regional Development Commission. Stevens noted that the cost estimates for putting together a plan would make it difficult to pursue the plan without outside funding. Stevens asked staff to look into what granting options may exist for the City to cover the cost of a comprehensive plan.

No formal action was taken.

Planning & Zoning Commission Membership

Staff noted that the Planning & Zoning Commission voted to expand the membership of the Commission from 5 to 6 members. Staff noted that current ordinances allow for a 5 member Commission but that additional members may be added in a non-voting capacity.

Stevens motioned to expand the membership of the Planning & Zoning Commission from 5 to 6 members with a quorum of 3 members, contingent upon verification that such an arrangement is allowed, Pifher seconded, MCU.

Request for Bids – Airport Snow Removal

Staff noted that the recent request for bids for airport snow removal did not receive any replies. Logdahl noted that the Public Works Superintendent could plow at the airport if necessary or could find someone to plow on an emergency basis.

No formal action was taken.

Fire Hydrant Water Supply

Staff stated that the Fire Department expressed concerns over the condition of the water pipes feeding the hydrants at the far south end of Main Street near the Fire Hall and Kocian’s. Logdahl noted that this project could be done along with the proposed 2010 water project and that, if necessary, water could be turned on in those pipes on an emergency basis.

No formal action was taken.

Bergquist October 20 Airport Visit Update

Staff noted that the City received a letter from Bergquist stating that the flight to the airport in October went well and that the client brought in on that flight toured the Bergquist facility and signed a contract with Bergquist resulting in increased production at the plant. Stevens noted that the airport is important because it creates opportunities for economic development in the City. Pifher expressed concern that the agreement signed by the City and Bergquist allowing this flight did not release the City from liability and was not approved by the City Council. Pifher also noted that this flight was opposed by the City’s engineering firm and that the Minnesota Department of Transportation and the League of Minnesota Cities were unaware that the City Council had not approved this agreement.

No formal action was taken.

Airport Field Condition Reports

Staff noted that he had spoken to Glenn Weibel from Bergquist earlier in the day, who asked that the City submit daily field condition reports for the airport during the winter to report drifting and icing conditions as well as braking quality on the runway. Staff noted that he had spoken to the Airport Commissioner on the issue and would also speak to the airport manager to inform him of this request as well.

No formal action was taken.

FY 2010 and 2011 State Aid for Airport Maintenance and Operation

Staff stated that the City received copies of an agreement for requesting state aid for eligible costs for maintaining the airport from July 1 through June 30 of fiscal years 2010 and 2011 from the Minnesota Department of Transportation. He noted that this aid would not exceed $12,948.00 in either fiscal year. He also noted that a resolution form authorizing the execution of the agreement for airport maintenance and operation was included with this agreement, which required action by the City Council.

Stevens motioned to approve Resolution 2009-11 authorizing the execution of the grant agreement for airport maintenance and operation in fiscal years 2010 and 2011, seconded by Zimmer, MCU.

Nominations for ARDC Representative

Staff stated that the City received a letter from the Arrowhead Regional Development Commission (ARDC) requesting nominations for Itasca County’s Cities Under 10,000 representative to the ARDC board. Stevens noted that since the application deadline was after the next City Council meeting, the Council could establish a list of qualified candidates for consideration at that meeting.

Stevens motioned to table this item for consideration at a future City Council meeting, seconded by Zimmer, MCU.

Application to Conduct Excluded Bingo

Staff informed the City Council that the Bigfork Fire Department would hold a bingo event on November 14 at the Fire Hall. He noted that the Fire Department has already forwarded their application to the State for approval.

No formal action was taken.

Posting Notices

Staff noted that a recent unsigned posting of delinquent water and sewer accounts had led to complaints from residents who believed that the City was responsible for the postings. Pifher noted that she received several phone calls regarding this issue. Stevens noted that posting a notice may be a legitimate course of action. Pifher stated that the City should consider publishing this notice in the newspaper. Stevens instructed staff to investigate whether it is acceptable to address this issue by releasing only account numbers of delinquent accounts rather than the names of delinquent account holders.

No formal action was taken.

Recording of Meeting Minutes

Staff requested the Council’s opinion on what level of detail should be included in meeting minutes of the City Council and other committees. Stevens noted that the minutes of the last meeting were far too detailed and could be misused by residents as a forum to have negative comments posted. Logdahl noted that the minutes should reflect what is seen and heard in the meetings but agreed that the minutes could be reduced in how much detail is included.

No formal action was taken.

Clerk Fire Department Application

Staff noted that he had applied for a position with the Bigfork Volunteer Fire Department and requested clarification regarding his availability during regular work hours. Stevens noted that there are some times that the City Clerk/Treasurer would be unavailable to respond to calls, such as during evening meetings of the City Council and other committees. Staff noted that this should not be an issue since the Fire Department primarily has availability shortages during the day. Logdahl noted that he does not see a problem with the City Clerk/Treasurer responding to calls during work hours and encouraged volunteerism.

Stevens motioned to allow the City Clerk/Treasurer to respond to fire calls during work hours as long as it does not compromise his responsibilities to the City of Bigfork, seconded by Pifher, MCU.

Other Business

Police Department Update on Bar Fines

Logdahl asked if the Police Chief had any updates regarding the collection of unpaid bar fines. The Police Chief noted that he had no updates for the City Council but that he would address the issue by next month’s meeting.

Airport Grand Opening Celebration

Zimmer noted that the Grand Opening celebration for the Bigfork Municipal Airport would be on June 13, 2010 during the Bigfork Wilderness Days celebration. Dick Salmi expressed interest in helping plan for the grand opening.

Closed Session for Review of Alleged Employee Misconduct

Zimmer excused himself from the closed session due to a conflict of interest.

The Council unanimously agreed to terminate an employee accused of employee misconduct, which as a probationary employee of the City of Bigfork is subject to discipline with or without cause and without any recourse.

Stevens motioned to adjourn, seconded by Koppelmann, MCU. The meeting was adjourned at 9:10 p.m. The next City Council meeting is scheduled for Tuesday December 8, 2009 at 6:00 p.m.

Michael J. McKinney City Clerk/Treasurer