January 21, 2009
Regular Session





Pursuant to notice and call the Waverly City Council met in regular session at 7pm.on Wednesday, January 21, 2009 in the council chambers of Waverly City Hall. Those in attendance were Mayor Ken Antil, Clerk Deb Ryks, and Council Members: Connie Holmes, Gary Olson, and Pam Henry-Neaton.


Agenda

Item 24.a. Tax Anticipation Certificate was added to the agenda.

The agenda was adopted with the addition of item 24 a. as presented.


Requests from the Public

Rita Lichtblau was present at the meeting. She is the owner of the property located at 902 Pacific Avenue which includes several rental units. She received a copy of the ordinance regulating rental dwelling units within the city limits. She believes she owns two units that will not meet the square footage requirements in the ordinance. There is a minimum requirement of 200 square feet. One unit has 140 square feet of living space and the other has 162 square feet. Lichtblau referred to the ordinance exempting bathroom and kitchen space in the calculation of floor area. The council reviewed the ordinance and determined that the Ordinance does not exempt bathrooms from the measurement as the owner calculated. This determination will resolve the floor area issue. The council thanked Lichtblau for attending the meeting and being concerned with remaining in compliance with city ordinances.


2009 Appointments

The 2009 appointments were discussed and revised for 2009. The list of 2009 appointments is attached to the minutes.

Motion by Holmes, seconded by Henry-Neaton to adopt the appointments for 2009. Carried 4-0.


2009 Fee Schedule

The proposed 2009 fee schedule was discussed. The fee for the rental of ball park lights will be based on utility use and verified with Xcel Energy during the summer. The cost for the rental of the Village Hall was discussed. The rental fee is low in comparison to other community centers but the building has limited facilities. The rental fee will remain unchanged for 2009. Council Member Henry-Neaton suggested that the fee for administrative fines for failure of alcohol compliance checks should be included on the fee schedule. It was decided that Clerk Ryks will check the ordinance and statutory limitations and this item will be reviewed at the February council meeting. The rental ordinance license fee and inspection fee will be added to the fee schedule once the inspection fee is verified by Clerk Ryks. This item will be discussed at the February 10, 2009 council meeting.

Motion by Olson, seconded by Connie Holmes to approve the fee schedule with the two items that were deferred until next month. Carried 4-0.



Council Member Vacancy

The council will need to appoint an individual to fulfill the vacated position on the City Council. The council seat has a two year term remaining which will expire December 2010. Keith Harris sent a letter of interest. Harris ran for office and received 209 votes. The council decided to advertise the position in the Drummer, Journal Press, and Herald as well as posting the position on the electronic sign. Interviews will be conducted at a special meeting on February 9, 2009 beginning at 7pm. The council member appointment will take place at the February 10, 2009 council meeting. There will be another vacancy on the council when Pam Henry-Neaton resigns later this year.



Acknowledgements/Recognition/Announcements

There were no acknowledgements, recognition, or announcements made at the meeting.



December Building Inspection Report

There were five miscellaneous permits issued in December.


Wanda Tussing-MLS Report

Manager Wanda Tussing reported that there was a profit of $8,290.14 for the year. The month of December reflected a profit of $3638.35.

Tussing has initiated a promotion in the Off Sale to spin the wheel for a bargain. Christmas/New Years events were successful. Business has been slow during the week but busy on the weekends. An insurance claim payment is pending.


Parks-Ryan DeMars

The Park Commission did not meet in December. They will be meeting next week to look at 2009 plans. The council informed DeMars that projects should be placed on hold due to the state of the city finances since state aid has been cut.

John Rassat reported that three memorial park benches have been sold. A minimum of five benches are needed to place an order.

The installation of a new dock for Waverly Terrace Park and the completion of Summerfields Park Volleyball Court are planned in 2009. A DNR permit is pending for widening the boat landing.

DeMars informed the council that due to financial concerns, the Park Commissioners may want to pursue grant applications. Previously, the Wright County Parks Superintendent presented information on grant funding for park trails/land acquisition. It was noted that federal/state funding may be limited due to the state of the economy.


Planning Commission Report

The December 18, 2008 meeting minutes reviewed. The January meeting was cancelled due to lack of business for the agenda.

The Planning Commissioners have recommended the renewal of the membership terms for Barb Wendel and Craig Smith. The new terms would expire on December 31, 2011.

Motion by Holmes, seconded by Henry-Neaton to approve the renewed terms for Barb Wendel and Craig Smith. Carried 4-0.


EDA

The December 22 meeting minutes reviewed.

Holmes reported that the Comprehensive Plan project is commencing with the consultant contract being reviewed by the City Attorney. A revised contract has been received and will be considered at the EDA meeting. The project is scheduled to start Feb 1 and be completed on Nov 1. City staff members and committee members will be interviewed by the consultants to initiate the project.

There are two vacancies on the EDA. Four individuals are interested. The individuals will be interviewed this month. A recommendation will be submitted at the February Council Meeting. A recommendation was made to renew the membership term of Dexter Andrews with the new term exipiring on December 31, 2011.

Motion by Olson, seconded by Henry-Neaton to approve the appointment of Dexter Andrews to the EDA. Carried 4-0.


Maintenance Report-John Rassat

Rassat reported that he was contacted by Karels Recycling regarding the scheduling for clean up day. They have openings on April 25 or May 16. The council decided to schedule April 25, 2009 for the city wide clean up day event.

Rassat reported that a water main break was repaired at 2nd Street N./Atlantic Avenue for a repair cost of $3400. Discussion was held about the occurrence of the water main breaks concurrently with recent fire fighting efforts of the Waverly Fire Department. This may be a coincidence but the council would like to address this matter with Fire Chief Roger Karels. Consideration for the installation of gate valves should be discussed along with the use of the quick valve on the water tower.


City Engineer’s Report-Barry Glienke

City Engineer Barry Glienke reported that the water and sewer operating funds are deficient. A rate analysis was provided with several options. Option 1 would increase the rates in 2009 to replenish the operating funds and reduce rates in 2010. The analysis is based on zero new homes being added to the system and eliminating the transfer between the water and sewer funds. The proposed rates are as follows: $11.50 per 1000 gallons used for sewer and a base rate of $10.75, $10.00 per 1000 gallons used for water with a base rate of $12.00. This option would allow the city to cover its costs. The increase on the sewer plant rates paid to Montrose are figured into the rate proposal. The rates could drop in 2010. The average user cost would be $73. The average bill would go down to $58 in 2010. The base rate could be reduced by $1. Lake sewer usage is not monitored. A flat fee is used. An equivalent percentage increase would be applicable to township and lake sewer users.

Discussion was held about the status of utilities and collections from vacated homes. Clerk Ryks explained that the base rates are charged until the city is notified to turn the water services off. Maintenance Supervisor Rassat reported that vacant homes reduced in number from 77 to 58 between 2007 and 2008.

Motion by Olson, seconded by Henry-Neaton to adopt Option 1 on the rate proposal as discussed. Carried 4-0.





Minutes

The December 8, 2008 Truth in Taxation Hearing minutes were presented for approval.

Motion by Henry-Neaton, seconded by Holmes to approve the December 8, 2008 Truth in Taxation Hearing minutes as presented. Carried 4-0..

The minutes of the December 9, 2008 Regular Session were presented for approval.

Motion by Olson, seconded by Holmes to approve the December 9, 2008 Regular Session minutes as presented. Carried 4-0.

The minutes of December 15, 2008 Budget Adoption /Special Session were presented for approval.

Motion by Henry-Neaton, seconded by Olson to approve the December 15, 2009 Budget Adoption/Special Session minutes as presented. Carried 4-0.



Accounts Payable

The accounts payable for the 2008 year end in the amount of $7260.36 was presented for approval.

Motion by Henry-Neaton, seconded by Holmes to adopt the accounts payable for the 2008 Year End in the amount of $7260.36. Carried 4-0.



The accounts payable for the month of January 2009 was presented in the amount of $379,688.02 which includes semi annual bond payments.

Motion by Henry-Neaton, seconded by Olson to adopt the accounts payable for the month of January 2009 in the amount of $379,688.02. Carried 4-0.



Welcome Packet Report

Clerk Ryks will need to follow up with the Royalty Committee regarding assembly and delivery of the welcome packets to new residents.



Vacation Request

Clerk Deb Ryks requested to take vacation from February 9-23, 2009. The council approved the vacation request submitted by Deb Ryks as stated.


Animal Ordinance Revisions

A draft ordinance was presented to the council to revise the Animal Ordinance to include dogs and cats throughout the ordinance in applicable sections.

Motion by Holmes, seconded by Henry-Neaton to adopt the Ordinance Amendment as reflected in the draft. Carried 4-0.


Wage Adjustments-2008

The council discussed the possibility of cost of living wage adjustments for 2008 for city full time staff at the January 16, 2009 Work Session. The council decided that they would be unable to adjust wages for 2008 and 2009 wages would be frozen.

Mayor Ken Antil asked that the council review the wage rates in September 2009 along with the financial condition of the city to consider salary adjustments to be effective in 2010. If wages cannot be adjusted, he asked that the council consider a benefit increase for the 2010 budget year. This item will be tabled until 2010 budget considerations in September 2009.



Personnel Policy Revisions

A summary was prepared of the discussions made with city staff regarding personnel policy revisions on compensatory time, hours worked, and time sheet forms.

Motion by Antil, seconded by Henry-Neaton to approve the changes as outlined in the summary provided to council. Carried 4-0.





Quarterly meetings with Council & Committees



Council Member Pam Henry-Neaton requested that the council hold quarterly meetings with city committees, the school district, and the fire department as they did in the past. March 25, 2009 at 7pm was scheduled for the next quarterly meeting. Henry-Neaton also asked that the council meet with full time city employees on a quarterly basis to keep lines of communication open. It was also decided that a monthly work session would be held prior to the council meeting.



Tax Anticipation Certificate Sale-Resolution 09-01

Ehlers and Associates prepared documents for the sale of a tax anticipation certificate to include the payoff of the 2008 Certificate with the funds allocated to the payoff being transferred to the general checking to keep the balance positive since large bond payments are due on February 1, 2009.

Motion by Henry-Neaton, seconded by Holmes to adopt Resolution 09-01 authorizing the sale of a tax anticipation certificate. Carried 4-0.

The sale results will be reviewed and approved at a special meeting on February 24, 2009 at 7pm.


Council Rules of Conduct

Council Member Henry-Neaton asked that the City Clerk obtain sample policies from the City Attorney and other resources for the council to review. The Rules of Conduct will be considered for approval in the early part of the 2009 calendar year.


Adjournment

Motion by Holmes, seconded by Antil to adjourn the meeting at 8:32 p.m. Carried 4-0.


Deborah Ryks, Clerk Ken Antil, Mayor