Regular Session
Pursuant to notice and call the Waverly City Council met in regular session at 7:30 p.m. on Tuesday, February 10, 2004 in the council chambers of Waverly City Hall. Those in attendance were Mayor Bush, Clerk Ryks, and Council Members: Hausladen, Henry-Neaton, Olson , and Antil. Agenda
The Municipal Liquor Store Off Sale Addition bid award was delayed until the arrival of Jim Haugen, Haugen Architects.
The agenda was approved by consensus of the council. Glen Mumford-Refuse Service Concerns
Glen Mumford, Mumford Sanitation was present at the meeting. He is proposing a contract for a three year term. The proposal includes incorporation of the existing rates with the addition of a rate of 60 gallon service of $$40.50 per quarter of $13.50 per month. Mumford proposed to change the current billing procedure for the community clean up day. The city would be billed directly by the landfill for disposal charges and Mumford Sanitation will charge the city a minimal fee for transporting the refuse to the landfill.
Mumford informed the council that the company always picks up additional cans and boxes that are put out by residents without additional fees being charged.
Motion by Hausladen, seconded by Antil to table this item until the March 9, 2004 council meeting in order to obtain pricing from other companies to calculate the difference in prices. Motion failed: 2-3. Opposed: Bush, Henry-Neaton, Olson.
Mayor Bush stated that he is not interested in obtaining pricing from other companies as the city has been satisfied with the service provided by Mumford Sanitation.
The proposal submitted by Mumford Sanitation includes a one year freeze on rates but allows for a rate increase if landfill disposal fees are raised.
Motion by Olson, seconded by Bush to accept the proposal as submitted by Mumford Sanitation authorizing a three year contract. A roll call vote was requested by Council Member Hausladen. Henry-Neaton-aye, Olson,-aye, Antil,-nay, Bush,-aye, Hausladen,-nay. Carried 3-2.
Council Member Hausladen stated that he would like a two year term offered in a refuse contract.
Antil stated that he would like the opportunity to obtain prices from other companies and discuss this issue further at the March 9, 2004 council meeting. Jim Haugen, Haugen Architects Bid Results-Municipal Liquor Store Addition
Sealed bids were opened for the liquor store addition project on Friday, February 6, 2004 at 4:00 p.m.
Haugen examined the bids for accuracy. There was a $13,850 spread between the two lowest bids. A 90 day completion time frame was indicated in the bid documents.
Pfeifer Construction, Buffalo submitted the lowest bid of $136,950. The highest bid was submitted by Dammann & Son Construction of $188,560.
Pfeifer Construction has indicated that they could start the project within 6 weeks based upon the estimated delivery dates of beams & decking. The anticipated completion date is mid May. The council noted that the list of subcontractors provided by Pfeifer include local contractors. Haugen received positive references in regard to Pfeifer Construction from Mert Auger, City of Buffalo and Brad DeWolf, Bolton & Menk, Inc. Pfeifer is currently working on the Wright County Museum.
The council stated that they are interested in keeping the store open for business during construction.
Motion by Hausladen, seconded by Olson to award the bid to Pfeifer Construction in the amount of $136,950. Carried 5-0.
Haugen reported that Lee‚s Refrigeration will amend his plans for the cooler for an extension of 1 ∏‚ without additional cost. Waverly Railroad Addition Development Updates
Scott Ogle, Scott Ogle Trucking was present at the meeting to give the council an update on the development on lots 3, 4, 5, block 1 Waverly Railroad Addition. He reported that he plans to pour concrete on Monday 16, 2004. A footing inspection is set for this week. The delay in construction has been due to 2 feet of frost that needed 3 weeks to thaw. Ogle expects to complete his building project by mid March. The work should progress quickly after the concrete is poured.
The council requested that Ogle attend the March 9, 2004 council meeting if the building is not completed as of that date. Ogle agreed to attend meetings regularly until the building is completed.
Al Weege, A & L Construction was present at the meeting to give the council an update on the development on lot 1, block 3 Waverly Railroad Addition. He reported that there was a problem with electrical utilities. The problem was resolved by installing the utility line through the neighboring lot owned by Doug DesMarais located at lot 2, block 3 Waverly Railroad Addition. The overhead doors have been installed to complete the exterior of the building. The total building project should be completed by the March 9, 2004 council meeting. Currently, Doug DesMarais is in negotiations with Weege to purchase the property. Al Weege is the property owner at the current time but is planning to sell the property with a closing date in March 2004. The reason for selling the property and building is due to time limitations of Al Weege with a busy construction schedule and that the business may not be viable due to the location of Stock Building Supply in Montrose. Requests from the Public
Paul Reardon, 202 Wilson Street, Mitch Zitzloff, 203 Wilson Street, Lonnie Theisen, 207 Wilson Street were present at the meeting to address the council regarding an access for snowmobiles in Waverly Terrace Park. Reardon is requesting a 6 foot corridor to access the lake from the park area. Landscaping improvements were made including plantings in Waverly Terrace Park. The Waverly Lake Association paid for the landscaping. This project was approved by the council and Park Commission. The park area was fenced off for the winter by the City Maintenance Department to protect the establishment of roots of the new plantings. City Ordinance does not allow snowmobiles on park property unless designated as a trail by the city. Snowmobilers have always used this area as an access to the lake according to the residents of Waverly Terrace that were present at the meeting. The council discussed the improvement plans for the park which include walking trails and the placement of grills and picnic tables. The council discussed the city‚s liability regarding accidents resulting from snowmobilers hitting tables or grills in the park area. Mayor Bush asked whether residents are interested in a park or access for snowmobiles. The parkland was dedicated to the city. The Park Commission and Waverly Lake Association have been working together to make a park development plan feasible for the area. The improvements are being made to make the area a neighborhood park. The council discussed whether the improvement plans could be amended by relocating the hard surface walking trail that would make an adequate corridor for snowmobiles to access the lake during the winter. City Attorney Young was present at the meeting and indicated that the city would be immune from liability for snowmobile accidents. The exception would be that the city would have the duty to warn if there are snow covered obstructions that would be unforeseen to the public.
The council suggested that the Park Commission research options for changing the park design such as straightening and relocating the walking trail so as to make an access for snowmobiles. There would be a possiblility that the access could be open for next year‚s snow season. Motion by Antil, seconded by Hausladen. to turn this issue over to the Park Commission for discussion for a recommendation to the council at the March 9, 2004 council meeting. Carried 5-0. City Attorney‚s Report
City Attorney Young reported that the Railroad quiet title is ongoing due to continuing efforts to communicate with the railroad and their attorneys.
The 2003 audit letter has been completed and forwarded to Kern, DeWenter & Viere, Ltd. Young‚s staff is working on the final agreement for orderly annexation with Woodland and Marysville townships.
Young reported that he attended the annual attorney‚s association meeting in which discussion was held regarding ongoing problems with the 60 day rule for planning action.
Young suggested that the city formulate a checklist for developers. Young will attend a future Planning Commission meeting regarding this issue for discussion with the Commissioners. City Engineer‚s Report
Brad DeWolf, Bolton & Menk was present at the meeting. He presented a resolution for adoption by the council regarding a variance request for the CSAH 9 project. This is due to state requirements of a 30 m.p.h. curve which would require the city to purchase right of way. The variance request is for the state to allow a 20 m.p.h. curve which would allow the existing curve to remain in place at the intersection of Elm Avenue/2nd Street N. The existing curve will work in current right of way.
Motion by Bush, seconded by Olson to adopt resolution 04-02. Carried 5-0.
The new wastewater treatment facility is in operation. Montrose is currently pumping to the new facility. The lift station in Waverly is planned for activation in late March or early April. The rates are in line with the projections in the plan for the project. An Open House will be scheduled at the new facility in the spring. The rate committee will need to have a meeting in the near future. The committee is to be made up of two council members from each community, the Administrator/Clerk from each community, Bolton & Menk representatives, and the public works staff from each community. Council Members Olson and Henry-Neaton will represent the Waverly council.
A preconstruction meeting for the water tower project was held in January. The foundation work will be completed as well as the tower erection and painting this construction season. The tower will be turned on the following year. Minutes The minutes of the January 7, 2004 Joint Session were presented for approval. Motion by Antil, seconded by Hausladen to approve the January 7, 2004 Joint Session minutes as presented. Carried 5-0. The minutes of the January 9, 2004 Work Session were presented for approval. Motion by Hausladen, seconded by Olson to approve the January 9, 2004 Work Session minutes as presented. Carried 5-0. The minutes of the January 13, 2004 Regular Session were presented for approval. The minutes were amended to reflect details on the community liaison position including $1,000 salary and $500 annual budget. The minutes were also amended to change the word „will‰ to „may‰ regarding the Waverly Fire Department burning the brush pile at the park. Motion by Antil, seconded by Olson to approve the minutes of the January 13, 2004 Regular Session as amended. Carried 5-0. The minutes of the January 16, 2004 Special Session were presented for approval. Motion by Bush, seconded by Henry-Neaton to approve the January 16, 2004 Special Session minutes as presented. Carried 5-0. Community Liaison Position Tim Young suggested that since a council member is serving in the community liaison position that the city pay the per diem rate for special meetings only. A salary would create a contract and the city is prohibited by law from entering into contracts with council members.
Young suggested that the city create a program for extra delegated duties by the council member serving in the position and pay the individual at the special meeting rate. The council can put a cap on the meetings for the individual paid at the special meeting rate.
Motion by Bush, seconded by Hausladen to designate Pam Henry-Neaton as the city‚s „Welcome Wagon Representative‰ and to delegate her the duty of greeting new members of the community and compensation will be at the special meeting rate at a maximum of 25 days and she should keep a journal specifying the dates of visits. Carried 4-0. Abstain: Henry-Neaton. Accounts Payable
The accounts payable was presented in the amount of $201,471.26.
Motion by Hausladen, seconded by Antil to approve the accounts payable in the amount of $201,471.26. Carried 5-0. Maintenance Report
Jim Woitalla reported that the emergency exit door in the Clerk‚s office has been installed.
A water main break occurred on 5th Street N. and has been repaired.
A well inspection is scheduled for March 2004. Repairs may be needed due to an increase in amps. The well inspection and repair work will cost $4,000-$5,000. This is a budgeted item.
John Rassat and Jim Woitalla are planning to attend a water training seminar in March to obtain certification hours.
Motion by Olson, seconded by Hausladen to authorize John Rassat and Jim Woitalla to attend classes for certification hours to keep their water licenses current. Carried 5-0. Planning Commission Report
A variance application for the property located at 523 North Shore Drive was submitted by Michael Cebulla. The variance request is for 5 foot side yard setbacks to accommodate the construction of a new residence so that it is positioned uniformly with the residences in the neighborhood. The Planning Commissioners conducted a public hearing on February 5, 2004. The recommendation of the Planning Commission is to grant a variance allowing 7 foot side yard setbacks on each side of the proposed residence.
Motion by Hausladen, seconded by Antil to grant the variance for 523 North Shore Drive as recommended by the Planning Commission. Carried 5-0.
Mike Gille, 6231 CSAH 8 appeared in front of the Planning Commission to voice his concern about future drainage issues adjacent to his property. Gille is concerned that future residents in the 2nd Addition of the Summerfields Development may obstruct or fill the drainage ditch causing drainage problems on his property. The council asked that Bolton & Menk, Inc. monitor the situation. Economic Development Authority
The Waverly Economic Development Authority discussed the possibility of ordering appraisals for properties located in the Village Hall block and also the property west of the Waverly City Offices/Maintenance Department. Park Commission
The Waverly Park Commission has issued a recommendation to the council to to increase the rate of park development fees from $1,200 per lot to $1,800 per lot. The council decided to table this issue until such time as City Engineer Glienke has time to review and possibly reduce the cost estimate for the Carrigan Meadows park development.
The Park Commission has recommended that the city formulate a policy to utilize any remaining funds from a specific development once the park development is completed for other general parks throughout the city. The funds would be allocated to the Capital Park Projects fund.
Motion by Antil, seconded by Olson to allow any overage of funds in a development park to be used for capital projects in parks throughout the city. Carried 5-0.
Council Member Antil reported that the land dedication for parkland by developers, Lee Eby and the Lachermeier family were reviewed in concept. The Lachermeier property contains 90 acres that is unbuildable as it is a swamp area. There are 15 acres remaining of buildable land in this area. If the low, swamp area would be turned over to the city, the calculation would be based on 61 acres for land dedication. This will be a pending issue until such time as Lachermeiers meet with Wright County and the Minnesota Department of Natural Resources regarding the status of the 90 acre piece of land.
Lee Eby deleted three lots to add parkland to the proposed Woodland Shores development but still does not meet park land requirements. The Council is firm on developers complying with the 10% land dedication.
The Park Commission will be reviewing two concept plans for the Carrigan Meadows Park at a special meeting.
The Park Commission voted to change the status of Railroad Park from outlots to a city park. This matter was approved by the council in January if the Park Commission voted to recommend the park dedication.
City Attorney Young informed the council that the City can dedicate land as park because the city owns the land rather than a private property owner. A future council could vacate the dedication because it was not a gift to the government from a private party or developer.
City Attorney Young will formulate a declaration document for the city to execute and record.
Council Member Hausladen asked about light installation for the flag pole in Railroad Park in the American Legion Memorial area.
Motion by Hausladen to have Jim Woitalla work with the American Legion to install a light on the flagpole at Railroad Park. The motion was rescinded.
Discussion followed regarding the location of power in the park area and the potential cost of the installation.
Motion by Hausladen, seconded by Antil.to have the Park Commission investigate the cost of lighting the flag flying in Railroad Park (Bell Tower Park) and providing power for this purpose. Carried 5-0. Resolution 04-02-1 Building Fee Adoption
Clerk Ryks and Building Inspector Beckfeld met with State of Minnesota representatives. Information was provided from the building code which requires cities to adopt the building fee schedule. Previously, the city has been using the State of Minnesota fee schedule but a resolution is needed for the city to adopt the fee schedule it is using to be in compliance with building code rules.
Motion by Olson, seconded by Antil to adopt Resolution 04-02-1 adopting the building fee schedule as presented. Carried 5-0. Minnesota Clerk‚s & Finance Officers Conference
The annual Clerk‚s Conference is being held in Alexandria on March 17-19, 2004.
Clerk Ryks is interested in registering for the conference and lodging.
Motion by Antil, seconded by Hausladen to send Clerk Ryks to the conference. Carried 5-0. Montrose Waverly Chamber of Commerce Community Expo
The community expo is being held on Saturday, March 6, 2004 from 9am-1pm at Montrose Elementary School. The registration fee is $35. It was suggested that an item be provided for a drawing. It is recommended that $25 community bucks be included as a door prize.
Motion by Bush, seconded by Olson to register for the Montrose Waverly Community Expo at the cost of $35 and purchase $25 in community bucks for a door prize. Carried 5-0. Waverly Photo Contest
During the past few years, the City of Waverly has sponsored a photo contest. The photos received have been used for a computer display at the community expo.
Council Member Hausladen suggested that the city sponsor a photo contest with cash prizes. The council discussed awarding community bucks rather than cash.
Motion by Antil, seconded by Henry-Neaton to award $75 in community bucks. Tie Vote: 2-2. Abstain: Hausladen.
Discussion was held regarding the awarding of $25 in 3 drawings rather than selecting the winner from the photos submitted.
Motion by Hausladen, seconded by Antil to award $75 for the photo contest, $50 for first prize and $25 for second prize in community bucks. Carried 4-1. Opposed: Bush. Municipal Liquor Store Report
A staff meeting was held at the Municipal Liquor Store on February 9, 2004. The off sale prices have been raised and the on sale prices will increase in the near future. A promotion for Valentine‚s Day is planned. The first drink for sweethearts will be free. Refuse Contract
Council Member Antil reopened discussion on the refuse contract issue. He requested that the city include language in the contract to require the hauler to bring any rate increases during the contract period to the council for consideration.
No action was taken on the recommendation of Council Member Antil. The council previously took action to adopt the contract as proposed by Mumford Sanitation. Village Hall Committee
A committee meeting was scheduled for February 26, 2004 at 7:00 p.m. Park Commission Meeting Date Change
Parks Superintendent Woitalla reported that the Park Commission will meet on February 18, 2004 rather than February 25, 2004 due to Ash Wednesday. Community meeting-Pete‚s Grocery
An additional meeting is being held by an interested citizens group regarding the status of Pete‚s Grocery.
Mayor Bush encouraged all citizens of Waverly to promote and support local businesses. Welcome to Waverly Program
Pam Henry-Neaton reported that she plans to start visiting new residents by March 1, 2004. 40 letters were sent to businesses and organizations asking for information to include in the welcome packets. Cable Commission
Pam Henry-Neaton and Adrian Duske plan to schedule a meeting with representatives from Time Warner Cable. They are in the progress of attempting to make contact with the proper representative from Time Warner. Adjournment
Motion by Bush, seconded by Olson to adjourn the meeting at 9:25 p.m. Carried 5-0. _________________________
________________________ Deborah Ryks, Clerk
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