March 10, 2009
Regular Session
Pursuant to notice and call the Waverly City Council met in regular session at 7:00 p.m. on Tuesday, March 10, 2009. Those in attendance were Mayor Ken Antil, Clerk Deb Ryks, Maintenance Supervisor John Rassat, and Council Members: Keith Harris, Connie Holmes, Gary Olson, and Pam Henry-Neaton.
Agenda
The agenda was amended with the addition of 24-a. Greg Lammers: Request for ball field use for Fast Pitch Tournament.
Motion by Connie Holmes, seconded by Pam Henry-Neaton to approve the agenda as amended. Carried 5-0.
Waverly Fire Department
Doug Ault was present at the meeting to discuss a water main issue with the council.
Four water main breaks have occurred since a major fire incident in which it is assumed the valve in the fire station was closed too quickly. Maintenance Supervisor John Rassat advised that a claim could be submitted to the insurance company by the Waverly Fire Department. The city has incurred expenses due to pressure in the water main which caused numerous breaks since the incident. The council questioned why the quick connection on the water tower is not being utilized by the Fire Department. The hose could be located inside the tower but the trucks do not have the equipment installed for use of the quick connector on the tower. Ault explained that this connection does not work due to temperature changes. A valve could be installed on the connection in fire station. This would allow slower operation.
Maintenance Supervisor John Rassat reported that $20,000 in expenses have been incurred for the four water main breaks. This cost includes street patching. A resolution to the problem would be to remove the quick shut off and install a slow turning valve in the fire station. Ault will have the Fire Department address this matter within 30 days. Rassat should have the insurance agent contact Doug Ault regarding submission of a claim which would not change the insurance rates for the Waverly Fire Department. This matter will be brought up at the next fire meeting.
Jill Doering-Waverly Garden Club
The Waverly Garden Club requested permission to conduct a Plant Sale in Railroad Park on May 2 ,2009 in conjunction with the annual garden tour sponsored by Natural Balance Floral.
Motion by Keith Harris, seconded by Pam Henry-Neaton to allow the use of Railroad Park for the plant sale event with the condition that the club conducts clean up activities following the event. Carried 5-0.
Uptown Bar & Grill-Streetdance-June 27, 2009
David DeLude and Liz Snyder, Uptown Bar and Grill were present at the meeting to make a presentation on the proposed street dance event planned for June 27, 2009. This will be a structured early summer community event. Local businesses will be invited to participate. The Waverly Fire Department will provide tours of the fire station. The Waverly Fire Department is considering providing beverages outside. Music is scheduled. A bean bag contest will be held during the afternoon. The cover charge for the band will go to the Waverly Fire Department. The event will be set up at 1pm. Music will end and the tear down will begin at Midnight. An off duty police officer will volunteer for the event. Military police will volunteer to monitor activities. Uptown personnel will be clearly identified by clothing. Persons under the age of 21 will not be allowed in the fenced area after 8pm. The Street Dance area will be closed off with fencing. There will be adequate space for emergency vehicles. Dram shop insurance will cover the Waverly Fire Department and the city during the event. Clerk Ryks stated that the city and fire department can be named as additional insureds on the insurance policy for liability protection. Mayor Ken Antil asked that one Wright County Sheriff Deputy be on staff. Wrist bands will be used to identify persons that are 21 years of age. Security will be on location at all times. Uptown staff members will monitor the underage situation during the day.
5th Street N. will need to be closed from 1pm-2am to accommodate clean up following the event. The council requested that a representative return to the April 14, 2009 council meeting with written verification of insurance information as well as staffing of Wright County Sheriff deputies to cover the event. The council requested that Uptown staff advise the Knights of Columbus of the street dance event and parking situation due to the closure of 5th Street N on June 27, 2009.
Matt Mayer-KDV
Matt Mayer, Kern, DeWenter & Viere was present at the meeting to give the 2008 Audit Report.
He reviewed the general fund budgetary comparison. There was $960,000 projected in general fund revenues. Actual revenues were $850,000. The variance in revenues was due to the increase in property tax delinquencies, the decline in building permit revenue, the loss of $30,000 in local government aids, and the reduction in market value credit aid. The local government aid and a portion of the market value credit aid was eliminated by Governor Pawlenty in December prior to the scheduled December 26, 2009 payment. Budgeted expenditures were $833,000 with the actual amount expended of $673,000. Actual expenditures were under the budget by $160,000. The Public Works budget came in under budget projections due to the delay of a seal coat project and an equipment purchase that was eliminated. The city improved the general fund balance by $200,000. The Financial plan is being followed to increase the general fund balance each year. The general fund deficit will be absorbed by 2012 and the city is on track with the financial plan time frame to correct the deficit. A 50% fund balance in the general fund is recommended for reserve. This reserve is needed for cash flow prior to the first tax collection each year.
Mayer reported that the water and sewer funds are in deficit condition. This is due to the bond expense absorbing the operating income. The growth and new connection fees have discontinued support for bond repayment. A significant increase is needed on the water and sewer rates. The only other alternative is to levy the shortage on property taxes. Mayer has reviewed the rate increase for water and sewer in 2009 and believes the increase will absorb the deficit in the water and sewer funds. The rate increase will allow the water and sewer funds to be self sustaining.
Mayer reported that the Municipal Liquor Store had a gross profit of $280,593 in 2008 resulting in a 30% profit percentage. There was $8720 in net income. The municipal liquor store has been a break even proposition for the city for the last four years. The profits are improving each year. The debt is being repaid to the general fund.
Request from the public
Glenn and Susan Roberts, David and Lisa Ghostley, and Doug Mingo were heard regarding their dissatisfaction with the recent substantial rate increase for water and sewer. The council explained that bond payments are being made from water and sewer funds for infrastructure improvement projects. It was stated that the city does not assess benefitting properties for improvements and that the city factored in new construction fees rather than institute rate increases during the high growth period in the city. Now that new construction has come to a halt, in order to fund bond payments, the council found it necessary to raise the water and sewer rates substantially in 2009. Once the funds are no longer in a deficit condition, the council may consider a reduction in the rates for 2010. The city has also taken a hit due to the local government aid cuts affecting the total cash balance available for city operations. Budget cuts have been made including the elimination of salary increases for city employees for two years. The Department heads have cut departmental expenses to basic operating costs.
Barry Glienke, Bolton & Menk arrived at the meeting and explained the reasoning for the increase on the sewer plant payment to Montrose. It is due to increased chemical costs to operate the plant. The 2009 sewer rate increase includes the raise in rates from Montrose. It was explained that the city’s operating and maintenance costs were reduced when Waverly’s plant was closed. If Waverly did not contract with Montrose and construct a new plant, the cost would have exceeded a few million dollars. The repayment term for bond payments was discussed. Most of the bonds for recent infrastructure projects are for twenty year terms with the most recent bond being repaid in 2026. This is in accordance with the debt schedule in the audit report.
Municipal Liquor Store Report-February 2009
Manager Wanda Tussing reported that a loss of $2788 is shown on the books for February 2009 due to missing an invoice payment last month. A profit of $2,000 is the actual figure for the February 2009 statement.
Motion by Pam Henry-Neaton, seconded by Connie Holmes to adopt the February 2009 Municipal Liquor Store report. Carried 5-0.
P&Z Report
The February 19, 2009 Planning Commission minutes were reviewed. The comprehensive plan project schedule was discussed along with the interviewing process.
EDA
The February 23, 2009 minutes were reviewed. The Economic Development Authority preapproved the invoice for membership dues for the Wright County Economic Development Partnership. A $400 discount was given to the EDA. The promotional brochure publication is included in the membership dues.
The Comprehensive plan project is underway. Interviews were conducted with city committee and community organization members. A public workshop is scheduled for March 23, 2009.
The council acknowledged St. Mary’s Church for providing use of the Parish Center for the comprehensive plan interviews at no charge.
Maintenance Report
Maintenance Supervisor John Rassat presented a new quotation for North Shore Drive road repair including crack sealing and seal coating work. The quoted price is $34,950. The price will be held for 30 days. $60,000 was included in budget to accomplish this project. The revised price reflects one half of the quoted price in 2008.
Motion by Keith Harris, seconded by Gary Olson to move forward with the North Shore Drive project. Carried 5-0.
Rassat informed the council that the Waverly Lions will be donating $800 for painting work at the Village Hall.
Clean up Day is scheduled for April 25, 2009 during the hours of 7am-11am. If necessary due to the condition of the ground, Karels Brothers may be relocated to the Park and Ride lot.
City Engineer’s Report-Barry Glienke
City Engineer Barry Glienke presented payment estimate #10 for the 1st/Franklin Avenue construction project in the amount of $26,913.15. This is the final payment request for this project. Patches and repairs have been done in conjunction with the closing out of this project.
Motion by Connie Holmes, seconded by Pam Henry-Neaton to approve payment request #10 in the amount of $26,913.15 for the 1st/Franklin construction project. Carried 5-0.
City Attorney’s Report
Resolution 09-2: Policy decision to not fence retention ponds. Council Member Pam Henry-Neaton read comments from the League of Minnesota Cities regarding this issue. Clerk Ryks informed the council that City Attorney Rhonda Pagel indicated that the language in the proposed resolution may be amended. The resolution is recommended to all of their city clients. She stated that the city needs to make a written policy decision in writing and that if there would be a lawsuit filed in the future that the city would have immunity if a resolution was passed by the council. A written policy (resolution) would need to be approved outlining the reasons for the decision. The city would not have immunity for inaction.
Motion by Gary Olson, seconded by Keith Harris to adopt Resolution 09-2 as presented. Carried 5-0.
Minutes
The minutes of the February 9, 2009 Special Session were presented for approval. Motion by Connie Holmes, seconded by Gary Olson to approve the February 9, 2009 Special session minutes as presented. Carried 5-0.
The minutes of the February 10, 2009 Regular Session were presented for approval.
Motion by Keith Harris, seconded by Connie Holmes to approve the February 10, 2009 Regular Session minutes as presented. Carried 5-0.
The minutes of the February 24, 2009 Special Session were presented for approval.
Motion by Connie Holmes, seconded by Keith Harris to approve the February 24, 2009 Special Session minutes as presented. Carried 5-0.
Accounts Payable
The accounts payable was presented in the amount of $73,283.83.
Motion by Pam Henry-Neaton, seconded by Gary Olson to approve the accounts payable in the amount of $73,283.83. Carried 5-0.
Welcome Packets
Chris Kittock is working on assembling welcome packets to be distributed to new Waverly residents.
Fee Schedule Revision
The council discussed the establishment of an administrative fine for non compliance with alcohol compliance checks. The council decided to use Maple Lake’s fee schedule as follows: 1st Offense-warning, 2nd Offense within 2 years-$200 fine, and 3rd offense within 3 years-$500 fine and license suspension at the discretion of the council.
Motion by Keith Harris, seconded by Pam Henry-Neaton to adopt the fee schedule as discussed. Carried 5-0.
Banyon Training
Clerk Ryks asked about the possibility for office staff to attend a Banyon software training session. The council authorized Deb Ryks and Chris Kittock to attend the training session on May 15, 2009. The office will be closed to allow staff to attend the training session.
LMC Safety & Loss Control Workshop
The council authorized three individuals to attend the Loss Control Workshop hosted by the League of Minnesota Cities. There are various dates and locations for the workshops.
Legislative Day April 29
Connie Holmes presented information on “Legislative Day” at the State Capitol. This is a day specifically for cities to lobby state representatives regarding city related issues. Holmes will plan to attend and it is open to other members to attend if they wish. The fee of $80 will be paid out of pocket by council members.
Check Policy/Electronic Fund Transfer Policy/Out of State Travel Policy
The council will review the proposed policies and discuss the approval at the April council meeting. Adoption of these policies was listed in the 2008 audit management letter.
Rules of Conduct/ Code of Ethics
Samples were received from City Attorney Pagel of Code of Conduct/Code of Ethics. The code should include staff/committees/council members. This item was tabled pending further review by employees and council of the sample documents received.
Quarterly Meeting-March 25, 2009
Clerk Ryks asked about the scheduling of the March 25, 2009 Joint meeting with committees. Many of the committees are not working on specific projects at this time due to the lack of development activity. There is a meeting for the comprehensive plan on March 23, 2009 in which city committees will be participating. Council Member Pam Henry-Neaton stated that she would like to keep the March 25, 2009 Quarterly meeting on the schedule.
Clean up Day
City wide clean up day is scheduled for Saturday, April 25, 2009 -7am-Noon.
Meeting with Woodland Township-Emerson Avenue Agreement
Woodland Township officials have requested a joint meeting with the council to discuss the renewal of the existing maintenance agreement for Emerson Avenue. The meeting was scheduled for March 30, 2009 at 7:45 p.m. at Woodland Township Hall.
An invoice was received for 2008 maintenance of Emerson Avenue. Clerk Ryks asked for verification that the payment was approved. The council agreed that the payment should be issued.
Greg Lammers “Chopper”-Fast Pitch June 20 & 21
Greg Lammers approached the council regarding planning for a fast pitch tournament to be held at Legion Park on June 20 and June 21, 2009. He is planning a small tournament. A 3.2 beer license is being requested as well as permission for ball players to camp at Legion Park. He will be asking the organizations to become involved for ice cream sales, etc. The tournament is planned to run all day Saturday with the last game beginning at 7:30 p.m. There will be a 6pm Championship game on Sunday. He is also requesting permission to have a D.J. for entertainment.
The council suggested that the Wright County Sheriff Reserves be contacted to provide police protection services. The council informed Lammers that he would need to rent the park pavilion building for two days. The rental fee per day is $150. The damage deposit per day is $150. A down payment of $150 should be paid to reserve the facility. The balance of $150 plus the damage deposit of $300 may be paid prior to the event. The park would need to be cleaned following the event. Mini biffs and dumpsters would need to be rented for use during the event.
Motion by Gary Olson, seconded by Connie Holmes to allow the fast pitch tournament event with the stipulations of the council. Carried 5-0.
Acknowledgements/Recognition
Council Member Pam Henry-Neaton acknowledged the Waverly Lions for the donation for painting work at the Village Hall. Clerk Ryks recognized that the City Attorney commended Mayor Antil and Connie Holmes for compiling the letter to Waverly residents included in the newsletter. Council Member Connie Holmes acknowledged city staff for budgetary monitoring that resulted in a positive audit report.
Adjournment
Motion by Connie Holmes, seconded by Keith Harris to adjourn the meeting at 9:45 p.m. Carried 5-0.
Deborah Ryks, Clerk Ken Antil, Mayor
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