City of Waverly Minutes

Regular Session Pursuant to notice and call the Waverly City Council met in regular session at 7:30 p.m. on Tuesday, January 13, 2004 in the council chambers of Waverly City Hall. Those in attendance were Mayor Bush, Clerk Ryks, and Council Members: Hausladen, Henry-Neaton, Antil, and Olson. Agenda The following items were added to the agenda: New Business: cable franchise, update on commercial properties-Scott Ogle Trucking and Weege Construction; City Engineer‚s Report: Payment Request #1-Lift Station Construction-Arcon Construction; Administration: 2004 Appointments- Public Relations Position; Park Commission-Renewal of Term of Office, Rick Ragan, 4th-8th Railroad Park status, Old Business- Refuse Ordinance Amendment, Designation of Charitable Gambling Contributions to Park Improvement fund. The agenda was approved as with the proposed additions by consensus of the council. Rick Packer, Arcon Dev., Dev. Agmt-Carr Mdws 2nd Addition City Attorney Rhonda Pagel submitted a letter of recommendations for the proposed development agreement including insertion of language regarding the payment of water and sewer connection fees at the time building permits are issued at the current rate in effect at the time of application. The insurance limits were suggested at a higher level. The section on the effect of subdivision approval will be changed as the city agreed in the agreement for the 1st addition for a 7 year time frame. Each future development agreement for additional phases will be prorated for the time remaining since the year of the approval of the agreement for the 1st Addition. The paragraph relating to developers default was changed to conform with Minnesota Statutes. Motion by Bush, seconded by Henry-Neaton to adopt the development agreement as discussed with the incorporation of the city attorney‚s recommendations. Carried 5-0. Public Requests Doug DesMarais was present at the meeting. He currently owns lot 2 block 3 in the Waverly Railroad Addition. He is proposing to construct a 54Œ wide x 42‚ deep car wash on the site. The car wash would be two stalls with each stall accommodating two vehicles. DesMarais is also in the process of purchasing lot 1 block 3 which is currently owned by Al Weege. A building is partially constructed on the lot. He plans to purchase the building for a small engine repair business and tire accessory sales business. The council informed DesMarais that he would need to draw a sketch and attend a Planning Commission meeting. DesMarais will visit with Planning and Zoning Liaison Adrian Duske during the meeting tonight to discuss his plans. City Attorney‚s Report City Attorney Rhonda Pagel informed Clerk Ryks that the final draft of the annexation agreements with Marysville and Woodland townships is near completion. Pagel will forward the agreements to Clerk Ryks to forward to the townships for their final approvals. Barry Glienke-City Engineer‚s Report Barry Glienke, Bolton & Menk has recommended that the letter of credit for Carrigan Meadows 2nd Addition be reduced to $244,897.31 due to the work that has been completed. Motion by Bush, seconded by Antil to reduce the letter of credit for Carrigan Meadows 2nd Addition to $244,897.31 as recommended by the City Engineer. Carried 5-0. Storm Water Management Plan Barry Glienke, Bolton & Menk suggested that the city have a storm water management plan done and adopt a trunk area fee of $500 per acre to be paid by developers. The cost to complete the plan is $40,000. The city can use trunk area fees collected to reimburse the water/sewer projects fund for the cost of formulating the plan. This plan would address drainage issues and the fees would assist the city with payment for drainage improvements. The implementation of the storm water management plan would address situations such as the drainage ponds in the Summerfields development. Once the ponds are constructed and the development is completed, the city is responsible for drainage issues and improvements as well as maintenance. The City of Montrose is currently working on a storm water management plan and the City of Howard Lake has just completed a plan. The time frame for completion of the plan is six months. The engineering fees would be paid out of the water/sewer projects fund and revenues for trunk area fees would be allocated to the water/sewer projects fund. Motion by Olson, seconded by Henry-Neaton to authorize Bolton & Menk to prepare a storm water management plan and pay the cost of $40,000 up front which will be reimbursed to the city from payment of trunk fees by developers. Carried 5-0. Proposed Increase-Connection Charges/Trunk Area Fees Barry Glienke, Bolton & Menk submitted a recommendation for increases in trunk area fees and access charges. The suggested increases are comparable to other cities in area. Water access charges are recommended for an increase from $2,500 to $2,550. Sewer access charges are recommended to increase from $3,500 to $4,000. Trunk area watermain fees are recommended to increase from $500 to $700. Trunk area sanitary sewer fees are recommended to increase from $2,250 to $2,500. Motion by Bush, seconded by Hausladen to adopt the increases as recommended by the City Engineer. Carried 5-0. Payment Request-Arcon Construction, Lift Station Construction Pay estimate #1 was received from Arcon Construction for lift station construction in Carrigan Meadows 2nd Addition. The amount of the payment request is $76,110.20. Bolton & Menk has reviewed the payment request and has recommended approval and payment as submitted. Motion by Bush, seconded by Olson to approve payment request #1 from Arcon Construction for lift station construction in Carrigan Meadows 2nd Addition in the amount of $76,110.20. Carried 5-0. Minutes The December 3, 2003 Truth in Taxation hearing minutes were presented for approval. Motion by Antil, seconded by Hausladen to approve the December 3, 2003 Truth in Taxation hearing minutes as presented.. Carried 5-0. The minutes of the December 5, 2003 Council Work Session were presented for approval. Motion by Olson, seconded by Hausladen to approve the December 5, 2003 Council Work Session minutes as presented. Carried 5-0. The minutes of the December 9, 2003 Council Regular Session were presented for approval. Motion by Hausladen, seconded by Antil to approve the December 9, 2003 Council Regular Session minutes as presented. Carried 5-0. The minutes of the December 11, 2003 Joint Meeting with Marysville and Woodland Townships were presented for approval. Motion by Hausladen, seconded by Henry-Neaton to approve the December 11, 2003 Joint Meeting with Marysville and Woodland Townships minutes as presented. Carried 5-0. The minutes of the December 30, 2003 Special Session were presented for approval. Motion by Hausladen, seconded by Antil to approve the December 30, 2003 Special Session minutes as presented. Carried 5-0. Accounts Payable, The accounts payable was presented in the amount of $46,226.14. Motion by Olson, seconded by Antil to approve the accounts payable in the amount of $46,226.14. Carried 5-0. Maintenance Report Maintenance Supervisor John Rassat reported that a new individual is needed to fulfill a cleaning position for the city offices. The position would require approximately four hours on a weekly basis for janitorial services. The recommended pay rate is $10 per hour. An advertisement for the cleaning position will be published in the Herald newspaper. Rassat reported that Waverly may be hooking up to the Montrose Wastewater Treatment facility earlier than planned. The estimated time frame for pumping Waverly wastewater to Montrose is March or April 2004. The original schedule for the hook up was June 2004. Parks Superintendent Woitalla reported that the brush pile at Waterfront Legion Park will be burned. A practice burn may be scheduled by the Waverly Fire Department. Planning Commission Report Planning and Zoning Liaison Duske was present at the meeting to give the Planning and Zoning report. Duske reported that the Planning Commission received an application for a variance for the property located at 523 North Shore Drive. The variance, if granted, would allow a 5 foot setback in the side yard. The variance is needed to accommodate the construction of a new home to square off the building to be uniform with other residential buildings in the neighborhood. A public hearing is scheduled for February 5, 2004 at 7:30 p.m. to consider the variance application as submitted. It was reported that the Planning Commission has held discussions on the possibility of offering tax increment financing programs in Waverly. The Commissioners are currently checking information from the League of MN Cities, the State of Minnesota, and other cities regarding tax increment financing programs. Duske informed the council that Rick Packer, Arcon Development, Inc. will be attending the Planning and Zoning Work Session on January 22, 2004 to discuss the commercial development in Carrigan Meadows. EDA Report It was reported that the Economic Development Authority is looking into tax increment financing options. The committee needs to obtain information on funding for property acquisition projects. Park Commission Darrell Lachermeier and his representative, Jim Larson will be attending the January 28, 2004 Park Commission meeting regarding parkland requirements and to present options for development of their property located south of highway 12 on the east end of the city limits. Park Commissioner Rick Ragan‚s term of office has expired. Ragan has expressed interest in renewing his term on the Park Commission. The new term would expire on December 31, 2006. Motion by Hausladen, seconded by Antil to renew Rick Ragan‚s term of office with the new term expiring on December 31, 2006. Carried 5-0. The Park Commission has recently held discussions regarding Railroad Park which is located north of the railroad tracks and runs from 4th Street to 8th Street. The Commission would like to have the land deeded as parkland before planning for tree plantings and other improvements. Currently the land is used as park but is platted as outlots. If the land is deeded as a park, it will remain parkland forever. Motion by Hausladen, seconded by Antil to dedicate the land referred to as Railroad Park as a city park. The motion was rescinded. Discussion continued. Mayor Bush stated that if land is dedicated as parkland, future councils cannot sell or change the status of land. Council Members Hausladen and Antil stated that they want to lock in the land as a park so that improvements/functions will be secured. The Park Commission has improvement plans for the park but are concerned about doing improvements if the land is not a dedicated park. Trees currently need to be replaced in the park. Mayor Bush suggested that if the land is a deeded park, fencing should be considered between the park and railroad tracks. Liability issues should be considered because of the close proximity of the railroad tracks from the park area. Bush suggested that the issue is brought back to the Park Commission for an official recommendation to the council, and action could be taken by the council at the February council meeting. Motion by Hausladen, seconded by Antil to plat the land as park if the Park Commission makes a positive recommendation at their January meeting. Carried 4-1. Opposed: Bush. The Park Commission is also working on an updated fee schedule for park development fees. They are currently checking with other communities regarding general park fees and dedication requirements prior to making a recommendation to the council for an increase in the existing fee schedule. Summary of Closed Session-Jan 5, 2004. Mayor Bush read the summary of the closed session held on January 5, 2004. The closed meeting was conducted to conduct a one year performance and wage review of Maintenance Worker Bill Schoening. The Personnel Committee has issued a recommendation to the council to increase Schoening‚s wage by $1.00 per hour to be effective on January 6, 2004. The new pay rate will be $16.95 per hour. Schoening will also be eligible for automatic $.50 per hour rate increases upon obtaining work related licenses. His next review will take place in 2005. Motion by Antil, seconded by Hausladen to adopt the Personnel Committee‚s recommendation and authorize the pay increase as noted for Maintenance Worker Bill Schoening. Carried 5-0. Utility Rate Increases Water and sewer rates are proposed for 2% increases in 2004 in accordance with the financing plan for water and sewer improvements completed by Ehlers & Associates. The proposed increases are as follows: Quarterly flat rate for water: $16.00 to $16.32, water usage rate: $3.60/1000 gallons to $3.67/1000 gallons. Sewer Quarterly flat rate: $14.17 to $14.45, sewer usage rate: $2.66/1000 gallons to $2.71/1000 gallons. Quarterly flat sewer lake rate: $56.70 to $57.83. The township rates are 3.5 times regular rates. The storm sewer utility rates will become effective in January 2004 as follows: $9.00 per quarter for residential accounts and $36.00 per quarter for commercial properties. Motion by Bush, seconded by Antil to approve the utility rate increases as proposed. Carried 5-0. 2004 Fee Schedule The 2004 fee schedule was revised as follows: The salary for the Planning and Zoning Liaison will be increased from $50.00 per month to $100.00 per month due to additional meetings and time spent with developers. The Planning and Zoning Liaison will keep a notebook to track personal visits and telephone calls. Authorization was also given to purchase supplies as needed which will be paid from the Planning and Zoning budget. The fee for city staff time was changed from $25.00 per hour to $75.00 per hour as well as the rates for snow removal and weed elimination. The rental rate for ball park light rental was changed from the monthly rate schedule to $50.00 per usage. A rental fee was established for rental of the council chambers at the rate of $25.00 per time for parties other than local organizations. The utility rates were adjusted on the schedule to conform with the rate increases. The connection charges and trunk area fees were increased as per the recommendation of City Engineer Barry Glienke. A salary of $1000 per year was established for the newly created position of Community Public Relations Liaison. Motion by Bush, seconded by Antil to adopt the 2004 fee schedule as revised. Carried 5-0. 2004 Appointments A new position of Community Public Relations Liaison was created. The Liaison will make personal visits to new residents and businesses and provide city information, business information, and information from local organizations. Pam Henry-Neaton will serve in the position for one year. The position will be active for a one year trial basis and will be reviewed upon expiration on December 31, 2004. A budget of $500 was approved for the purchase of supplies and other materials needed for the performance of work related to the position. There were no other changes proposed for the 2004 appointments. Motion by Bush, seconded by Antil to adopt the 2004 appointments with the addition of the Community Public Relations Official designation. Carried 4-1. Abstain: Henry-Neaton. Certificate of Deposit 7033 Certificate of Deposit 7033 in the amount of $100,000 renewed on January 10, 2004. The old interest rate was 2%. Unless rates have changed, the renewal rate will be 1.25%. The certificate will need to be presented within 10 days of the renewal date if it is to be withdrawn. Motion by Olson, seconded by Bush to renew Certificate of Deposit 7033 with with Citizens State Bank of Waverly. Carried 5-0. Council Member Hausladen would like to create policy for investments which would address local investments versus investments at certain levels being invested elsewhere if better interest rates are available. MLS Report, Motion by Hausladen, seconded by Henry-Neaton to adopt the December 2003 Municipal Liquor Store Report. Carried 5-0. A meeting will be held with Jim Haugen, Haugen Architects on Friday, January 16, 2004 at 4:00 p.m. to review the plans for the off sale addition. Several issues were discussed at the liquor store staff meeting on January 12, 2004. The Lakeshore Motel sign was discussed. Wanda Tussing would like to have the sign removed and the owner of the sign, Glen Mills is not interested in retaining the sign. The council suggested that Wanda Tussing obtain written permission from Glen Mills for removal of the sign. Maintenance Supervisor Rassat should remove the sign and disconnect the power if written permission is given. Wanda Tussing is pursuing fire extinguishers for the on sale. She will ask the Waverly Fire Department to provide the extinguishers. The council will discuss expansion of the parking lot to the north with the architect as well as usage of the access door on the west side of the on sale. Refuse Ordinance-Collection Contract Sec. 50.05. Waverly City Ordinance 50.05 was discussed. Under the existing ordinance, the collection contractor is the only authorized contractor to service businesses and provide dumpsters. The council previously discussed an exemption for the provision of dumpsters for builders as well as contracts with businesses. Discussion was held regarding the amendment of the ordinance by rewriting subdivision 6 in ordinance 50.05 to state that the contracted collector is the only authorized collector to service residences only. Businesses will be excluded from the requirement. Multi family dwellings are residential and will be serviced by the contracted hauler even though dumpster service is required. The City will contract with the authorized collector for dumpsters at the city buildings. Motion by Antil, seconded by Hausladen to amend ordinance 50.05 subdivision 6 to include residences and multi family housing units only. Carried 5-0. It was brought to the council‚s attention that some dumpsters for homes under construction are not covered and debris and refuse is not being secured in the container. The building inspector will be advised to stop inspection services if this problem exists until such time as the container is covered and debris is secured. Allocation of Funds from Charitable Gambling Contributions In accordance to the Charitable Gambling Ordinance, the city will be receiving 10% of the net profits from local gambling organizations. It was suggested that the funds received be allocated to park improvements. Motion by Antil, seconded by Hausladen that the 10% contribution received from gambling organizations will be allocated to the park improvement fund for new equipment purchases. Carried 5-0. Time Warner Cable Franchise A subcommittee was established to meet with Time Warner Cable regarding citizen concerns. There are some concerns being expressed to council members regarding the installation of cable service around Waverly Lake and within new development areas as well as service problems. Adrian Duske and Pam Henry-Neaton will serve as the members of the subcommittee. Waverly Fire Department An annual meeting is held with Waverly Fire Department, Inc. to discuss general issues relative to the agreement between the city and fire department. The members should also be advised of joint committee meetings and quarterly attendance at city council meetings. Council Member Hausladen will contact the Waverly Fire Department to schedule a meeting. Scott Ogle Trucking & Weege Construction Clerk Ryks was directed to send letters to Scott Ogle and Al Weege and request that they attend the February 10, 2004 council meeting to give a report on their building progress. Acknowledgements/Recognition City employee Jim Woitalla was acknowledged for the receipt of a class C Wastewater Operators License. Council Member Henry-Neaton acknowledged that the joint committee meeting held on January 7, 2004 to discuss committee goals was successful. Quarterly meetings will be held to discuss progress of committee goals. Community Meeting-Pete‚s Grocery Council Member Henry-Neaton reported that a concerned citizens group met on January 10, 2004 to discuss concerns about the possibility of Pete‚s Grocery closing. 50 people were in attendance at the meeting. Suggestions were made for business improvements. Advertising for a retail grocery business is very important. It was also suggested that if necessary, a non profit corporation can be created in which individuals purchase shares and invest in the business to keep it going. The council stated that it is important for the city to support all businesses within the community. Adjournment Motion by Bush, seconded by Hausladen to adjourn the meeting at 9:10 p.m. Carried 5-0. __________________________ ________________________ Deborah Ryks, Clerk

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