DRAFT – These minutes are not official until approved at the next regular City Council meeting.
City of Bigfork
Mayor Tendrup called the meeting to order at 7:00 p.m. and asked if there were any additions to the agenda. City Attorney Andy Shaw had received a request for a street vacation that he wanted to discuss with the Council. Motion by Zimmer seconded by Lexvold to approve the agenda as amended, motion carried unanimously (MCU).
Tendrup stated that no discussion amongst the audience members would be allowed and that anyone wishing to address the Council would be asked to step up to the podium to do so.
Consent Agenda Motion by Salmi, seconded by Pifher to approve the consent agenda as follows with the removal of item #1 for more discussion: #2- approval of the Police Report for October 2005, report is attached to the minutes as Appendix A #3- approval of the Budget Report for October 2005 #4- approval of Resolution 11-08-2005 (1): Requesting Sale of Tax Forfeit Property #5- approval of the City Clerk’s Office report for October 2005 #6- approval of the claims for payment in the amount of $44,071.52 including the October 14th and 31st payrolls Motion Carried Unanimously (MCU).
Consent Agenda Item #1: Salmi stated that he had made a motion at the last meeting to eliminate the water superintendent’s position and it was seconded so a vote should have been taken. Pifher stated that she had rescinded her second to the motion. Salmi felt that a second was a second and a vote should be called for at this time. Shaw recommended that the minutes be adopted if they are in fact accurate and that the issue that Salmi has brought up again be revisited if he so wishes. Tendrup stated that the minutes were accurate as she remembered the discussion. Motion by Pifher seconded by Lexvold to approve the minutes as written, motion carried with Salmi opposing. Tendrup added Salmi’s item to the agenda under old business.
Public Works Department Report: Public Works Superintendent Mark Maki reported that the Public Works Department had a meeting with the state inspector on the airport. A letter was provided to the Council stating what had been done. Some of the required brushing has been completed but there is still more to do. Maki will be meeting with FAA officials soon and they will assist in submitting a Capital Improvement Plan. Maki has been meeting with Bergquist on problems with the mound system. We are not meeting the Minnesota Pollution Control Agency’s (MPCA) new testing guidelines. We are over the permit limits on phosphorus. Maki will continue to work with Bergquist to alleviate this problem. Maki will be attending a meeting in Freeport, MN on November 9 to discuss ours and other failing alternative wastewater treatment systems around the state. Discharge sampling at the ponds has been completed. Samples must be hand-delivered in order to meet sampling requirements. We are non-complaint if they do not get there on time and we have to drive them to either Grand Rapids or Virginia on a regular basis. Schminkey asked about volunteering to deliver samples. Maki stated that they must be signed for and must arrive on time and at the right temperature so that is why PW employees are driving them to their destination. Volunteers could be used, however there is an issue with making sure they are authorized to deliver them and will get them there on time. With construction on Hwy 7, lots of locates have been done. Maki apologized for the inconveniences to the public with construction. The water hydrant on Division Avenue south has been repaired. Street lights that are out will be repaired as soon as MN Power can get to them. Casper Construction repaired a discharge valve at the sewer ponds. Roll pins were disintegrated. A temporary siphon was set up to get started until Casper could make the repairs. Transfer was completed. Enzymes have loosened up the sludge; it is not as thick and hard as it was. The gate posts have been installed at the cemetery and more cement work is needed before we are ready for the gates. MPCA was up for an inspection last week. They noted that mowing is needed at the ponds but we don’t have equipment to get it all done. They recommend we get equipment to get it done. The Public Works Department has been working on patching of streets and alleys and has moved flower planters from the sidewalks.
OLD BUSINESS:
Julie Kennedy: City Engineer Julie Kennedy of Short-Elliott-Hendrickson was present with updates on engineering projects. As requested at the last meeting, she had contacted Habitat for Humanity. They were not interested in any fill at this time. Salmi asked how come the fill was not delivered earlier when it was already loaded up and could be delivered for free. Kennedy stated that there were no definite sites at that time. Tendrup noted that Kennedy did come to a Council meeting and let us know about the fill as soon as she knew about it. Salmi still thought it should have been hauled for free as it was when hospital was done and Kennedy stated that is up to the individual contractor if they are going to haul it for free or for a fee and she can’t speak for them. Tendrup felt that it was the Council’s responsibility to determine if such items would be included in the agreement with the contractor, not the engineer’s responsibility. Kennedy thanked everyone for their patience during construction for the Legacy Development project. They will be done by the end of this week in that area and detours will be removed. Kennedy brought the Council up to date on our inflow and infiltration (I&I) reduction. In 2003 we had 80,000 gallons of I&I per day, in 2004 we were down to 76,000 gallons per day, and through October of this year we are down to 64,000 gallons per day. This is a cut of 16,000 gallons per day. This is due to the projects that the City has completed. We are now below our permit allowance and are able to apply for permission for additional connections. Salmi asked what the total cost of the repairs to the manhole on Ottum Avenue was. Kennedy stated that it was $5,300, plus a portion of the bituminous costs. Kennedy reported that our projects are done for the year and Casper will be back next spring to do the wear course. Casper will be finishing up within the next two weeks with all their projects in the City. Legacy will be building one home this winter on one of their back lots. Kennedy informed the Council that she had been in contact with Roland Hamborg of the US Army Corps of Engineers. We still have grant money available that was earmarked for the construction of the well pump house for well #4, however it is not guaranteed for us. It could be used in another community if we don’t use it. Kennedy has suggested a meeting with Hamborg when he is in the area next week in order to discuss with him what the money can be used for and if there are any other monies available. Tendrup volunteered to meet with him and suggested that Lonnie Kacon as Water and Sewer Commissioner be in attendance. Motion by Pifher to have Tendrup, Kacon, Maki, and Kennedy meet with Hamborg, seconded by Lexvold, MCU. Kennedy’s final item was the pay request from Casper Construction for the 2005 Sanitary Sewer Rehabilitation project. The total amount of the pay request was $134,493.70. Kennedy reviewed that the majority of this pay request is reimbursable by the County. Kennedy recommended payment of the pay request. Motion to pay Casper Construction by Zimmer seconded by Pifher, MCU.
Final Approval of Liquor License: Tendrup reported that the liquor license application from Miller, Zins and Rahier had been previously approved contingent upon the background check which came back clear. Motion by Lexvold seconded by Pifher to grant final approval of the license, MCU.
Cedar Street Properties: Storlie reported that bids on the Cedar Street properties had been called for at the last meeting. None were received at that time, but one did come in a few days late. The Council felt that the bid was low compared to the appraised value of the property. Salmi asked what the total of the assessments was and Storlie stated it was between 10,000 and 11,000 for water and sewer combined. Tendrup noted that we need to sell it for close to the appraised value in order to have enough revenue to pay off the bond taken out for the project. Tendrup asked if the Council would like to list the properties with a realtor again or continue to advertise for bids. Zimmer made a motion to list it with a realtor, seconded by Pifher motion failed with all but Zimmer opposing. Motion by Pifher to advertise for bids in the WATTS for three months, seconded by Salmi, MCU.
Tendrup recognized the addition to the minutes that Salmi made a motion to eliminate the water superintendent position and have two full-time maintenance people. The motion died for lack of a second. Salmi stated that the reason for his motion is to help cut our taxes and eliminate the need for the proposed nine percent tax increase. Pifher stated that eliminating one full-time position and having two instead does not save money. Salmi stated that we are putting all our effort into Bergquist and we need Rajala Mill to stay open because they have been paying taxes here for years. Tendrup stated that cutting the position will not cut taxes because the wages for that position are taken from water and sewer funds, not from the general fund. Tendrup stated that she was on the budget committee and they did cut back as much as possible. With Local Government Aid monies not there, cities have to step up to the plate and run on less. Salmi wanted to get back to where we were when Tom Gustafson had the public works position and the City was paying about $26,000 per year in wages. Zimmer stated that he was on the committee that hired Mark Maki. The reason he was hired was that he has a class C water license, a class D wastewater license, he is a fireman and was the assistant fire chief until he resigned that position due to conflicts that Salmi caused, he is a fire safety instructor, he is on the ambulance crew and is a Minnesota certified EMT instructor, and finally, he is a taxpayer, has bought a home in this City and is affected by the tax increase just like everyone else. Zimmer stated that he was tired of the comparisons being made between Maki and Gustafson. He stated that at the time of his retirement, Gustafson’s total salary was $24,950.64. He was working 30 hours per week which figures out to $15.99 per hour. In Maki’s first year working for the City, his total salary was $33,875.71 and he works 40 hours per week, making his hourly wage $16.28. The difference in hourly wage is twenty-nine cents. Zimmer stated that he felt the City had gotten a great deal for an additional twenty-nine cents per hour. Motion by Zimmer to cease any further discussion on the topic, seconded by Pifher, motion carried with Salmi opposing. Motion by Zimmer that, at the request of several concerned businessmen and private citizens, the Mayor request an immediate resignation from Councilor Salmi, seconded by Lexvold, motion carried with Salmi opposing. As requested, Tendrup asked for Salmi’s resignation. Salmi stated that he was voted in by the people. Salmi stated that the City had paid for a water line repair on Tendrup’s property which was a misappropriation of funds and therefore he moved to remove Mayor Tendrup. The motion died for a lack of the second. Jack Rajala asked for clarification on whether or not the Council could vote people in and out of office. Shaw clarified that the motion made by Zimmer was to request that Salmi resign, the motion passed, the request was made, and Salmi declined to resign, therefore he remains on the Council.
NEW BUSINESS:
Request for Street Vacation: Shaw has received a request from the school to vacate some streets and alleys located in the Second Addition to Bigfork. It was requested that Storlie research if the streets and alleys in question had already been vacated, and if not, if the City would consider vacation of them. Tendrup asked Maki if there were any water or sewer lines that would need to be considered. Maki will look at the records to make sure. Motion by Zimmer to put the item on hold until the next meeting, seconded by Pifher, MCU.
Betty Vail – City Hall Stage: Betty Vail addressed the Council with concerns about the Council wanting to get rid of the stage. She reported that much work had gone into the stage, piano, and sound system, thanks to the generosity of Jack Rajala and hard work by Dave Waters and many others. Tendrup noted that it was considered due to the fact that it is underused here at the City Hall since the completion of the Edge Center and perhaps it would be used more often at another location. Vail stated that the Edge Center would not allow just anyone to come in and use that facility, but they could use the City Hall. Tendrup stated that the Council was not set on getting the stage out of the City Hall and since there was no other entity interested in it anyway, it should stay here. The Council agreed that it should stay at City Hall. Motion to keep the stage, piano and sound system at City Hall by Lexvold, seconded by Pifher, MCU.
Volunteer Police Officer: Jon Babcock introduced Clint Sova to the Council and stated that he was approached by him a few weeks ago with a request. Sova is a recent graduate of Hibbing law enforcement school and is currently working at Thistledew. His eventual goal is to work as a conservation officer. He has requested permission to be allowed to volunteer to work as a license peace officer for the City of Bigfork. The POST Board allows this and Babcock would like to provide this opportunity for Sova. He reported that there are strict hiring requirements by the POST board that Sova would have to meet, including written, oral and physical testing. Babcock is proposing that if the Council is in agreement with this, Sova be put on the employment roster so that he would be eligible to receive his registered peace officer license. Zimmer asked if the City would have to provide uniforms. Babcock stated that Sova was proposing no cost to the City and the Council would have to determine if they would require a uniform or not. Babcock sees this as a win-win situation for the City and would help out Sova as well. Sova could be used to cover Babcock’s days off or sick days, as well as to help with the summer celebration and other events. Zimmer felt that he should be uniformed and asked Sova if he would be willing to purchase his own uniform. Sova stated that he would. Zimmer asked if Sova would be using the City squad car and Babcock stated that he would. Babcock is recommending that Sova be hired contingent upon his meeting the requirements listed by the state. Salmi asked if he could go on ambulance calls. At this time Sova is not on the ambulance crew, but is possibly interested in doing this. He is currently a certified first responder. Motion by Zimmer to hire Sova contingent upon his meeting the minimum requirements, seconded by Pifher, MCU.
Snow Removal Equipment: Maki reported that the budget committee had appropriated funds in the 2006 budget to purchase snow removal equipment for the airport. This committee has researched and found this to be a cheaper option than to contract to have the work done. Also, if we purchase a multi-use piece of equipment, it can be used for other needed projects such as excavating, etc. Maki introduced the Minnesota Cooperative Purchasing Venture. The cost to participate in this program is $500 per year. Once you join, you are eligible to purchase equipment at up to a 75% cost savings. The program is also for tires and other items that can be purchased at great savings. Maki did receive one bid on an ASV and the savings would be substantial. Maki is asking the Council to read through the MN CPV information that he has provided and consider joining in order to save on the purchase of needed equipment. Salmi asked what the County currently does at the airport. Maki reported that they currently blade off the runway. Then we hire someone to snowblow back the snow from around the lights and edges of the runway. The snowpile must be a 4:1 grade off of the runway. That’s why it has to be blown away rather than just pushed with plow trucks. The new County contract will charge $880 per trip and there are 6-8 trips to get the runway done. City employees put in 36 hours plowing at the airport last winter and 166 hours plowing streets. The County does come in and wing back the streets for us if there is a heavy snow that our trucks can’t handle. Tendrup clarified that Maki was requesting that the City join the MN CPV and to go ahead and pursue the bidding of the equipment. Salmi asked how much the equipment would be. Maki reported that the original quote he got was over $40,000 for just the equipment, however that’s why we should look into the MN CPV in order to get the cost savings. Motion by Zimmer to join the MN CPV and solicit bids on equipment, seconded by Pifher, MCU.
Mark Maki: Maki reported that he would like to finish insulating City Hall but has run out of material. He would also like to seal up the inside of the windows with clear plastic. Last winter he donated window kits to have this done but they have run out. Another few hundred dollars will be needed for the material. Motion by Pifher to allow this, seconded by Lexvold, MCU.
OTHER BUSINESS:
Pifher informed the Council that when she met with the state inspector he stated that Maki had done a great job with the airport. Pifher also asked for the name and number of Salmi’s FAA contact and Salmi agreed to provide this.
Maki reported that he had called about the heaters at the water treatment plant. They are older heaters and he has been having some problems with them. It is hard to come by parts for them but it is possible that they can be refurbished. Maki will be checking around for them. He feels that next year there will be some funds to get this taken care of along with another project. Well #2 pump house is being heated and Maki would like to utilize the building. He would like to remove the water system since the well is going to be abandoned anyway, cut in a door and use it for storage. Motion by Lexvold, seconded by Zimmer to allow Maki to do this, MCU.
The Council received a letter from the Itasca County Assessor regarding transferring board of equalization duties to the County. Motion by Zimmer to transfer the duties for three years, seconded by Pifher, motion carried with Salmi opposing.
The Council received the grant agreement for airport operations and maintenance. The grant amount is the same as the previous two years. Motion by Pifher seconded by Lexvold to pass Resolution 11-08-2005(2): Authorizing Execution of Minnesota Department of Transportation Grant Agreement for Airport Maintenance and Operation, MCU.
Tendrup noted that Council had received a letter from Tarry Edington informing them that WilderNest did received funding through the Greater Minnesota Housing Fund and the project would be moving forward.
Maki addressed the Council representing the Fire Department. He reported that the Department is having trouble recruiting new members. Many members are reaching retirement age and the hours of commitment are making it difficult to get new members. The Department would like to give the Council the heads up that it may be necessary to start offering pay in order to maintain enough active members on the roster. The Department does currently budget for wages each year, however the members have never accepted any pay. Instead, the money goes back into the fire fund to be used for equipment and training. The Department would like the Council to start thinking about the possibility of paying members. Tendrup asked about the requirements for how close a fireman must live from the Fire Hall. Maki answered that there is a five minute response time requirement, plus physical requirements and schooling commitments to be completed. The Department has discussed the possibility of allowing those living farther away to join, however then you run into issues of people speeding to respond in a reasonable time and possibly causing accidents. Maki stated that if anyone is interested, or knows of someone who is, please contact a member of the Fire Department. He warned that the loss of our Fire Department would affect everyone with lower ISO ratings and higher insurance costs, not to mention safety issues. Mike Larson addressed the Council with further comments. He stated that he has been hearing some rumors about the Fire Department lately about too much time being spent at the Fire Hall. Larson reported that Fire Department members do not spend time at the Hall “partying” like the rumors are saying. He stated that there are six members that are close to walking at this time due to the rumors. Larson warned that the loss of the Fire Department would be detrimental to the community, possibly leading to the loss of businesses, the school and the hospital and increased insurance costs for homeowners. Larson stated that the rumors had to stop. Tendrup thanked Larson for his comments and stated that the Council understands the importance of the Fire Department to our community as well as the outlying areas that it serves. Kenny Porter addressed the Council and noted that there is a lot of maintenance and other tasks that go on at the Fire Department that the community is unaware of. He stated that the members of our department do things that no one wants to do, such as maintenance of equipment and helping out at accident scenes, not to mention getting up at all hours of the night or missing work in order to fight fires. Not everyone is willing to volunteer their time to do these things. Porter stated that his vehicle is one of those that is parked at the Hall quite a bit. He is on the dive team as well as the Fire Department and spends time at the Hall servicing the dive air units to ensure that he has quality air for his dives. He noted that the rumors that are being spread are one of the reasons that it is hard to recruit people. They hear the rumors and don’t want to get involved. The Council thanked Porter for his comments.
Bob Zimmer read a letter to the Mayor, Council and residents of the City of Bigfork. The letter reads as follows: “It is with mixed emotions that I submit my resignation from the City Council effective at the adjournment of the November 8th, 2005 Council Meeting. On November 14th, 2005 I will be starting a new life and a new job, all in a new location and will no longer be aware of the day to day happenings in this fine City. To Mark Maki, Police Chief Babcock, Clerk Angie, Andy Shaw, Julie Kennedy and your fine staff of SEH Engineering, I commend you for the great job you are doing to make Bigfork a viable, growing City. Mayor Tendrup, it has been a great honor to share a table with you as you conduct the business of this fine City. To Councilor Lexvold and Pifher, I have enjoyed sharing this table with you and I wish you the greatest fortitude, stamina and most of all patience as you pursue the future of this great City. To the voters of Bigfork I send my gratitude for your confidence in electing me. I hope I have in some small part met your expectations. Respectfully submitted, Robert L. Zimmer.
Shaw thanked Zimmer on behalf of the staff and community for his service to the City as a diligent and intelligent Councilor. Stating that although he would be greatly missed, Tendrup called for a motion to accept Zimmer’s resignation. Motion to pass Resolution 11-08-2005 (3): Declaring City Council Vacancy by Lexvold, seconded by Pifher, motion carried with Zimmer abstaining. Shaw noted that it was up to the Council to appoint someone to fill the vacant seat, however they were not required to do so and could leave it open until the next election if they wished. Tendrup stated that she would like to see letters from any interested person on their intent to fill the seat along with their reasons for desiring the seat. Baker asked for clarification on the requirements to sit on the Council and Shaw answered that Minnesota State Statutes require a Councilor to be a resident of the City, 18 years of age or older, and not a felon. Motion by Pifher to accept letters of intent until the December Council meeting, seconded by Salmi, MCU.
Mayor Tendrup adjourned the meeting at 8:36 p.m. and announced that a closed session would be held immediately for a performance review of Police Chief Jon Babcock.
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 October 2005
22 18:59 alt/welfare check 28 09:00 criminal damage to property 28 19:08 welfare check/domestic argument 28 21:34 exhibition driving/concealed firearm (mv) 31 17:31 gas theft