City of Waverly Minutes

February 15, 2006 Regular Session Pursuant to notice and call the Waverly City Council met in regular session at 7:00 p.m. 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 agenda was amended with the addition of item 16 c-personnel policy revision, 19-a Clean up Day, and 19-b Wright County Highway Maintenance Agreement. Wright County Sheriff Clerk Ryks will notify the Wright County Sheriff’s Department of the temporary council meeting schedule change to Wednesdays. Waverly Fire Department The council members and Waverly Fire Department representatives will meet on March 20, 2006 at 7:00 p.m. to negotiate a contract for deed agreement for the building sale. City Engineer’s Report City Engineer Barry Glienke was present at the meeting. A Letter of Credit Reduction to $465,218.74 was presented for the Windgate at Carrigan Lake development. Motion by Antil, seconded by Hausladen to reduce the letter of credit to $465,218.74 for Windgate at Carrigan Lake. Carried 5-0. Change Order #1 for the East Carrigan Lake Utility Extension Project was presented and includes adjustments to the lift station, and field adjustments. The change order is included on payment estimate #3 in the amount of $106,666.79. Motion by Olson, seconded by Henry-Neaton to approve payment estimate #3 to Kuechle Underground for the East Carrigan Lake Utility Extension project and change order #1 in the amount of $106,666.79. Carried 5-0. Payment Estimate #4 and change order #1 was presented for Insituform Technologies for the Sewer Lining project in the amount of $6,825.75. Motion by Antil, seconded by Hausladen to approve payment estimate #4 and Change Order #1 in the amount of $6,825.75 to Insituform for the Sewer Lining project. Carried 5-0. The engineering review of the final plans for the Windgate development is completed. City Engineer Glienke has recommended approval of the final plans by the council so that the developer may record the final plat. Motion by Olson, seconded by Henry-Neaton to accept the engineer’s recommendation for approval of the final plans for Windgate. Carried 5-0. Lakedale OVS Franchise Gene South, Lakedale Telephone and City Attorney Rhonda Pagel were present at the meeting to review the draft Open Video System franchise ordinance with the council. South and Pagel have been meeting and negotiating the details of the proposed agreement. Lance Leupold, Time Warner had expressed concern regarding the regulation of their cable franchise to carry a minimum of 77 channels. This provision was added to the agreement to be reviewed by the council tonight as Lakedale has agreed to the stipulation. Lakedale will carry more channels than the 77 minimum requirement. An open video system works differently than a traditional cable system. The system would need to have an arrangement with Time Warner to receive government access signals on the open video system. A provision is included in the agreement to meet this regulation. Lance Leupold, Time Warner would like the legal department to review the proposed franchise agreement with Lakedale prior to the city council granting approval. Pagel informed the council that the open video system agreement is similar to Time Warner’s current franchise agreement with the city. Leupold requested an additional 2 week time frame so that Time Warner’s legal department would have the opportunity to review the proposed franchise agreement. Gene South, Lakedale Telephone informed the council that the proposed agreement is similar to the franchise approved in other cities and pressed the council to approve the document as this open video system project has been in the works since December 2005. All federal requirements were met with a public hearing being held on December 13, 2005. The proposed franchise is similar to Time Warner’s present franchise in Waverly and in other communities.. FCC rules state that the new provider has to pay the current provider for public access. The council decided that the parties should negotiate changes to be presented in a final agreement for council approval on March 15, 2006. City Attorney Pagel informed the council that she is comfortable with the proposed agreement and it is consistent with Time Warner’s franchise agreement with the City of Waverly. Minutes The minutes of the January 6, 2006 Work Session were presented for approval. Motion by Antil, seconded by Henry-Neaton to approve the January 6, 2006 Work Session minutes as presented. Carried 5-0. The minutes of the January 10 Regular Session were presented for approval. Motion by Olson, seconded by Antil to approve the January 10, 2006 Regular Session minutes as presented. Carried 5-0. The minutes of the January 18 Special Session were presented for approval. Motion by Henry-Neaton, seconded by Hausladen to approve the January 18, 2006 Special Session minutes as presented. Carried 5-0. Accounts Payable The accounts payable was presented in the amount of $105,967.52. Motion by Olson, seconded by Antil to approve the accounts payable in the amount of $105,967.52. Carried 5-0. Park Commission Report-Adrian Duske Adrian Duske was present at the meeting to give the Park Commission report. He reported that at the January meeting, park members held a discussion about tennis court installation at Legion Park. A recommendation was made by the Park Board to prohibit camping at Legion Park during Waverly Daze. Park Commissioners discussed the installation of playground equipment at Carrigan Meadows park. The meeting schedule has been changed during the months of April and May to assist with the council’s rescheduling of meetings during those months. A decision has not been made on the park dedication for the Douglas development. The City needs to decide the park location for the extension of 1st Street in the future. Parks Superintendent Woitalla reported that Ray Williams will attend the next Park Commission meeting to discuss wetland locations and the City Engineer will also attend that meeting to comment on the concept for development. Advertising for the Secretary position has been ongoing with no response from interested persons. Council Member Antil asked City Attorney Pagel about the park land proposed for dedication to the city in the Douglas development. The land was polluted and recently cleaned up by the developer. The city wants to ensure that the clean up was done properly and approved by the Minnesota Pollution Control Agency prior to accepting the land through the dedication process. Glienke reported that the pollution abatement would be addressed during the environmental review process required for the development. Pagel suggested that the city obtain documentation from the specific state and federal agencies prior to accepting the land dedication. The city could also decide to have an independent analysis of this environmental issue performed by a consultant. The city could require the developer to pay for the independent contractor. Pagel reminded the council that they have the right to refuse the land dedication unless it is suitable for city needs. The council decided to have Clerk Ryks notify the Waverly Lions Club by a letter that camping will not be allowed during Waverly Daze at Railroad Park or Legion Park. Planning Commission Report-Adrian Duske Adrian Duske was present at the meeting to give the Planning Commission report. Duske reported that a Joint Meeting was held in Montrose regarding the proposed Hirsch development in Montrose. Crofoot Avenue is the boundary between the two cities. The development would occur east of Crofoot Avenue. No access is planned from the development to Crofoot Avenue. In the future, when properties are sold along Crofoot Avenue, the road may be replaced with a trail system. A discussion was held by the Planning Commissioners on the designation of snowmobile trails throughout the city. A sub-committee was formed to make a recommendation on ordinance amendments to the recreational vehicle regulations and the creation of a trail map prior to the 2006-2007 snow season. The Planning Commissioners are discussing the planning of a public Cemetery for the Waverly community. Legal research is being conducted on the rules for the creation of a community cemetery and the operations of the property. A representative from the Swanson-Peterson Funeral Home will attend a future work session to provide information to the Planning Commission. Information was received from the League of Minnesota Cities that will be reviewed at a future meeting. City Attorney Pagel is currently working on research of Minnesota Statutes regarding cemetery regulations. Duske reported that a review of the conceptual plan revealed that the Douglas development property lies within the newly created R2 zone district and larger lot sizes will apply to the plat for this development. The Planning Commission is recommending community support of the HLWW bond issue. The Commissioners recommended that the council support the bond issue as well . The passage of the bond issue for School District 2687 will have a positive impact on the Waverly community. It was decided that Clerk Ryks would forward a letter to the editor to the Herald Journal. The letter will be similar to the one done for the operating levy. Motion by Olson, seconded by Antil to forward a letter to the editor to the Herald Journal expressing positive support of the bond issue for School District 2687. Carried 5-0. EDA Report Debby Hausladen reported that information was presented on the Jobz program. The board members will review the information to discuss at their next meeting. Maintenance Report Maintenance Supervisor Rassat reported that community Clean up Day will be held on Saturday, April 22. Karels Recycling can only service our clean up day on April 22. A joint event will be held with Marysville Township once again this year. Rassat has received architectural proposals for the new City facility. There is a 1 1⁄2 year time frame for project completion. Rassat has selected a firm he would like to recommend as they have good references and have completed local projects. It was decided that a sub-committee will be formed in the future to discuss building selections and ideas for the planning stages of the project. Rassat will inform the architectural firms that the proposals will be discussed at the March 15 meeting. The firm’s portfolio that Rassat is recommending will be distributed to each council member’s mail box at city hall for their review. Economic Development Authority member Dexter Andrews will contact Stevens West 2 about the schedule for road installation to the Waverly Industrial Park and the future site of the Waverly City Offices/Maintenance Department facility. City Engineer Barry Glienke will also contact Stevens for information on the infrastructure project. Parks Superintendent Jim Woitalla reported that he is currently obtaining quotations from companies for tree removal projects throughout the community. Engineer Glienke is assisting with the process for the advertisement of bids for the tennis court installation at Legion Park. The Montrose-Waverly Chamber of Commerce Winter Ice Festival event went well. Mayor Bush asked about whether trees with Dutch Elm Disease are a problem. Woitalla stated that there is not a great population of elm trees in the community and there are no apparent elm trees that are diseased at the present time. Community Liaison Pam Henry-Neaton reported that she has sent letters to participants for new information to be included in the welcome packets. Land Development Seminar Clerk Ryks asked if any council members were interested in attending an upcoming land development seminar or ordering the seminar manual for city reference purposes. There are zoning manuals available. It was decided that Adrian Duske will bring the information to the Planning Commissioners to decide on the materials to order regarding zoning. Personnel Policy Revision Motion by Olson, seconded by Antil to revise the Personnel Policy to include a 100 percent contribution of severance payments for employees with 25 years of service to the Health Care Savings Plan. Carried 5-0. Vacation Request Clerk Ryks will be on vacation Monday, March 6-Thursday, March 9, 2006. The council decided there was no need for formal approval since there are office employees to cover for Ryks. MLS Report-January Motion by Henry-Neaton, seconded by Olson to adopt the January Municipal Liquor Store Report as presented. Carried 5-0. The Council Liquor Control Committee will plan to discuss another report format. Community Clean up Day The council discussed changing the policies for Clean up Day to include the charging of a fee of $10 per load and to adopt the City of Watertown’s policy to disallow the acceptance of construction materials. A procedure change was discussed to provide on station at the entrance for payment in advance for items that have an applicable fee. It was decided that the council should schedule a meeting with Marysville Township officials to discuss policy changes for clean up day and to discuss the cost sharing arrangement between the two entities. Council Member Henry-Neaton will contact Marysville Township Clerk Dorothy Rahn and invite Marysville representatives to the March 10 Work Session to discuss clean up day procedures and costs. It was decided that there will be no cost for compost materials. The hours for the event will be 7am-Noon. The Wright County Sheriff’s Department will be contacted to patrol the area during the night prior to clean up day to prevent illegal drop offs at the city hall site. Wright County Highway Maintenance Agreement The 2006 Wright County Highway Maintenance Agreement was received today. Maintenance Supervisor Rassat has reviewed the agreement and recommends approval. The payment to the city under this contract is based upon the average costs of snow removal over the last 3 years. Adrian Duske asked about county shop’s storage of sand/salt. Rassat will be discussing sand and salt storage with county staff. Motion by Antil, seconded by Henry-Neaton to accept the 2006 highway maintenance agreement. Carried 5-0. Quarterly Meeting- The quarterly meeting of all city committees is scheduled for April 3. Acknowledgements/Recognition/Announcements Council Member Henry-Neaton thanked homeowners for cleaning sidewalks throughout entire blocks of neighborhoods. This has made it easy for pedestrians. Council Member Henry-Neaton recognized the Montrose-Waverly Chamber of Commerce for coordination of the Ice Festival event and Jim Woitalla for his work with festival event. An announcement was made by Henry-Neaton regarding the HLWW School District’s sponsorship of “ Teen Challenge” which is a methamphetamine prevention program. A meeting will include a presentation by former methamphetamine addicts. The methamphetamine awareness/prevention committee will meet on February 27, 2006 at 7pm at the Waverly City Offices. Adjournment Motion by Bush, seconded by Antil to adjourn the meeting at 8:15 p.m. Carried 5-0. ________________________ __________________________ Deborah Ryks, Clerk Charles Bush, Mayor

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