City of Waverly Minutes

April 13, 2004 Regular Session Pursuant to notice and call the Waverly City Council met in regular session at 7:30 p.m. on Tuesday, April 13, 2004 in the council chambers of Waverly City Hall. Those in attendance were Mayor Bush, Clerk Ryks, and Council Members: Olson, Antil, Hausladen, and Henry-Neaton. Agenda The agenda was amended with the insertion of item 5. Catherine Jackson and Patty Campbell-Humphrey Bust and the addition of item 10. a. Waverly Lions-Fireworks Display Contribution and item 26. a. Appraisal of City Offices. The agenda was approved as amended by the consensus of the council. Scott Ogle Trucking Scott Ogle was present at the meeting to present an update on his building project at 241 Atlantic Avenue. He reported that he has been working on the area of the building for commercial lease. An additional building permit was needed to complete this section of the building. A final building inspection is scheduled for Monday, April 19, 2004. The council told Ogle that it was no longer necessary to attend future council meetings to give building updates. Humphrey Bust Catherine Jackson and Patty Campbell were present at the meeting to discuss their request to install a bust of Hubert Humphrey in the Railroad Park. They attended the March Park Commission meeting and received a positive recommendation for placement of the Humphrey bust in Railroad Park. They requested the council‚s permission to proceed with the project. They hired a person to sculpt the bust and paid $1000 as a down payment. There will be no expense to the city. The preferred location is in Railroad Park, near the flagpole and the veteran‚s memorial. They are also interested in lighting the statue. The expense for the lighting is being investigated by Parks Superintendent Woitalla for the flagpole. The council will discuss cost sharing for the lighting at a future meeting. Motion by Hausladen, seconded by Antil to approve the placement of the Humphrey bust in Railroad Park. Carried 5-0. Dick Sawatzke Dick Sawatzke was present at the meeting to discuss the desire to annex 75 acres of land he owns north of North Shore Drive and west of CSAH 8. The council informed Sawatzke that they are in favor of the annexation of the land but land development may not occur immediately due to the need for utility extension to serve the area. The City Engineer is currently working on a feasibility study for probable costs of extending water and sewer services to this area. The land is included in the planning area that was outlined in the annexation agreement with Marysville Township. The agreement needs to be finalized by the township and city. Once the agreement is finalized, the annexation procedure would be followed for orderly annexation. Lee Eby-Lachermeier Land Lee Eby was present at the meeting on behalf of the Lachermeier family to discuss the proposed annexation of 45.03 acres. There was no opposition by council to the annexation. The annexation procedure would fall within the agreement with Woodland Township that is yet to be finalized. The park dedication issue will need to be worked out during the development planning process. Eby is working on a conceptual plan for proposed development in two phases. They have not decided on a specific amount of units. City Engineer Glienke informed Eby that if 150 units are proposed, the state requires an environmental assessment worksheet. It is estimated that residences proposed within the development area would be valued at $250,000. Rick Lentner-Carrigan Estates 3rd Addition Rick Lentner, Kristall Development was present at the meeting to request plat approval for the 3rd Addition of Carrigan Estates which includes the addition of two lots. These lots are being added as wetland delineation was successful. The Planning Commission has submitted a positive recommendation for plat approval. Lentner was informed that an additional $2400 in park development fees will be required. Motion by Antil, seconded by Olson to approve the final plat for Carrigan Estates 3rd Addition with the addition of two residential lots. Carried 5-0. Dave Hagen-Summerfields 3rd Addition Dave Hagen, Loucks Associates was present at the meeting to request approval of the final plat and development agreement for Summerfields 3rd Addition. Hagen presented the final plat to the Planning Commission on March 4, 2004. He met with the Park Commission on March 24, 2004 and received a positive recommendation for approval of the plat. The Planning Commission made a positive recommendation to the council for approval of the final plat on April 1, 2004. The changes to the first plat submission included an additional access from the west to the park. The construction plans were reviewed by City Engineer Barry Glineke. Hagen reported that he will comply with all of the engineering comments submitted by Glienke. City Attorney Rhonda Pagel submitted a recommendation for amendments to the proposed development agreement. Hagen incorporated Pagel‚s revisions to the development agreement. Recommendations made by Engineer Glienke for revisions to the development agreement were received by Hagen today. He will make the revisions to the agreement. Motion by Olson, seconded by Henry-Neaton to approve the final plat/development agreement for Summerfields 3rd Addition contingent upon compliance with the city engineer‚s requirements. Carried 5-0. It was noted that the City will have the first option to purchase two lots with the development of the 4th Addition to accomodate a southern access to the park. Discussion was held regarding the park. The park is envisioned as a neighborhood park that would not accommodate a large amount of persons for ball games, etc. like a community park. There may not be a ball field included in the park design. The Park Commission will review the park design. The proposed design is for a neighborhood park that would be utilized by area residents and their children. Requests from Public Joe Gunnary, 402 Elm Avenue was present at the meeting to discuss the water service installation for the property. Maintenance Supervisor John Rassat reported that a temporary water service was hooked up from the service for the Waverly Bowl portion of the building to serve the apartment in the back of the building until this issue is resolved. Rassat proposed that a curb stop on Elm Avenue be utilized to run the water line on the west side of the building for water access to the apartment which is located in the back of the building. Rassat telephoned Randy Trulson, 404 Elm Avenue for verification of the location of property lines since the digging would be in close proximity to property lines. Trulson has not returned Rassat‚s telephone call. City Engineer Barry Glienke suggested the option of drilling rather than digging in the water line as it would not disturb the property as much. Rassat had planned on doing the digging work utilizing the city backhoe and staff. Rassat gave a cost estimate of $1,500 for digging in the water line. Glienke calculated a cost estimate for drilling for $5,000. Rassat reported that the city has already paid $350 to All Seasons Clinic for the temporary water service. He suggested that the estimated cost of $1,500, be split 50/50 with Gunnary. The council took action at the March council meeting to expend up to $1,000 based upon a $2,000 total cost for installing the service. Gunnary did not want to commit to the cost sharing at 50/50 and informed the council that he would return to the May council meeting to discuss this issue further. Mayor Bush asked Gunnary if he was interested in writing off the water service for a city payment of $1,000. Gunnary did not want to make any agreements and will return to the May council meeting. Gunnary currently has the property listed for sale. He asked about survey requirements. The council informed him that typically the seller is responsible for surveying costs and is usually addressed in the purchase agreement. Gunnary also stated that he heard reports that city office personnel has not responded to inquiries regarding liquor licensing from prospective buyers. Clerk Ryks informed Gunnary that she has personally taken all of the telephone calls regarding the licensing inquiries and has given the information to the callers. Ryks stated that since split liquor has been approved by the voters, restaurants can be issued strong liquor licenses. Wine and 3.2 beer licenses can be issued to bar establishments. This is due to liquor laws regarding municipal liquor. Waverly Lions-Fireworks Display Contribution Tim LePage, Waverly Lions has requested that the council consider making a contribution toward the fireworks display for Waverly Daze. The Lions are currently experiencing a financial hardship due to the loss of a charitable gambling site. The council discussed making a contribution of 1/3 of the cost for the fireworks display. The cost for the display is usually $3,000. The city usually pays the $3,000 to Americanna Fireworks and is reimbursed 100 percent by the Waverly Lions. Council Member Hausladen asked Clerk Ryks to check on the legality of the expenditure with the City Attorney. Motion by Hausladen, seconded by Olson to contribute $1,000 toward the fireworks display pending approval by city attorney. Carried 5-0. City AttorneyŒs Report Clerk Ryks reported that the issue involving the parcels condemned by the State of Minnesota along the railroad tracks/highway 12 has been settled and the city will be able to acquire the lots as previously agreed upon with the Minnesota Department of Transportation. Wright County Sheriff Wright County Deputy Nate Erickson requested a city address map so he can become familiar with the area. Waverly Fire Department, Inc. The Council Fire Committee members will attend the May Fire Department meeting to discuss renewal of the agreement between the city and fire department. City Engineer‚s Report City Engineer Barry Glienke reported that City Attorney Tim Young has reviewed the draft cooperative agreement for the CSAH 9 project. One minor revision was suggested and is strictly grammatical. Motion by Antil, seconded by Hausladen.to accept the CSAH 9 Draft Cooperative Agreement with Wright County with the grammatical change as noted by City Attorney Young. Carried 5-0. Payment Request #2 was received from Maguire Iron in the amount of $116,612.50 for the foundation work completed for water tower construction. The payment request was reviewed by Engineer Glienke and is recommended for payment. Motion by Olson, seconded by Antil to approve payment request #2 in the amount of $116,612.50 for the water tower. Carried 5-0. Engineer Glienke reported that the request to transfer wetland administration from Wright County to the local government unit was received by Wright Soil and Water Conservation District. This would allow the city to administer the wetland conservation act. A resolution is required. The resolution form received from Wright County was presented for approval. Motion by Hausladen, seconded by Antil to adopt the resolution as presented. Carried 5-0. Glienke reported that the Waverly Zoning Ordinance-Shoreland Overlay District Regulations needs to be updated for new bodies of water that are located in the city‚s planning area. Glienke is proposing that the city consider adopting the Minnesota Department of Natural Resources regulations. The city can have stricter regulations but since the shoreland classification ordinance currently uses State of Minnesota Department of Natural Resources regulations, it was suggested that the city continue to use the state regulations for uniformity. Glienke will continue to work on proposed amendments to the Shoreland Overlay District section of the Waverly Zoning Ordinance. A public hearing will be required once his recommendations are complete. Minutes The minutes of the March 4, 2004 Special Session were presented for approval. Motion by Hausladen, seconded by Olson to approve the March 4, 2004 Special Session minutes as presented. Carried 5-0. The minutes of the March 5, 2004 Council Work Session were presented for approval. Motion by Hausladen, seconded by Antil to approve the March 5, 2004 Council Work Session minutes as presented. Carried 5-0. The minutes of the March 9, 2004 Regular Session minutes were presented for approval. Motion by Hausladen, seconded by Henry-Neaton to approve the minutes of the March 9, 2004 Regular Session minutes as presented. Carried 5-0. The minutes of the March 15, 2004 Special Session minutes were presented for approval. Motion by Hausladen, seconded by Antil to approve the minutes of the March 15, 2004 Special Session minutes as presented. Carried 5-0. The minutes of the March 29, 2004 Special Session were presented for approval. Motion by Hausladen, seconded by Antil to approve the March 29, 2004 Special Session minutes as presented. Carried 5-0. Accounts Payable The accounts payable was presented in the amount of $86,866.35. Motion by Hausladen, seconded by Henry-Neaton to approve the accounts payable in the amount of $86,866.35. Carried 5-0. Maintenance Report Maintenance Supervisor Rassat reported reported that he has made arrangements to demo a chipper on clean up day for a rental charge of $260. The demonstration arrangement will save the city on normal equipment rental fees. The Maintenance budget for 2004 included funds for the purchase of a chipper. The purchase request will be brought to the May council meeting after the staff has had the opportunity to demo the chipper. Rassat is not recommending that the chipper is shared with the City of Howard Lake. This is due to both communities needing to use a chipper at the same time intervals. This would present a consistent conflict on the availability of the equipment to each community. Rassat reported that Waverly/Marysville clean up day will be held on Saturday, April 24, 2004 during the hours of 7am-Noon. Ken Hausladen, Pam Henry-Neaton, and Gary Olson will work during the event as well as city staff. Marysville Township will provide their own staff. The color and design for the water tower will need to be selected by the council. The Waverly flag design would be an option. Barry will need to know of the color and design selection by June 2004. The tower color was specified for white with black lettering. An alternate color and design will be at additional cost. The council asked John Rassat and Barry Glienke to report back to the council with an additional cost estimate for the coloring and design resembling the Waverly flag. Rassat asked about purchasing a computer and work station for the maintenance office. He obtained a price from Best Buy of $1,800 for a computer with a 19‰ LCD monitor with Hewlett Packard printer. Another price was obtained from SamŒs Club for $1,300 for a computer with a 17‰ LCD monitor with printer. A computer work station could be purchased at Sam‚s Club for $500. The total cost for obtaining a computer, printer, and work station from Sam‚s Club is $1,900. The funds are allocated in the general maintenance budget for the computer purchase. Motion by Antil ,seconded by Olson to approve the computer/work station purchase in the amount of $1,900. Carried 5-0. Parks Superintendent Jim Woitalla reported that the registration form for milfoil and weed treatment for the swimming beach/boat landing areas will need to be submitted to the Waverly Lake Association. The cost is $1.67 per foot for each treatment. The city has 500 feet of shoreline to be treated with two treatments. A $15.00 permit fee is required for the Department of Natural Resources along with the $20.00 membership fee for the Lake Association. Woitalla will submit the registration form as discussed to the Waverly Lake Association. Woitalla obtained a quotation from Diers Electric for light installation in Railroad Park for the flagpole. The light from the former community sign could be used. The installation cost would be $1,097. This project could be done in conjunction with construction on Atlantic Avenue. This item will be forwarded to the Park Commission for their consideration. Woitalla informed the council that he cannot work on Saturday, April 24 for clean up day due to a previous engagement. Planning and Zoning Planning and Zoning Liaison Duske reported that a public hearing was held on April 1, 2004 to consider a variance application that was submitted by John and Judy VanderLinde for the property located at 5573 Dempsey Avenue. The variance, if granted would allow the VanderLindes to replace their trailer with a new home. The proposed setback in the front yard is 7 feet from the property line and 12 feet from the road‚s edge. The setback from the lake is proposed for 34.71 feet. The building setbacks proposed for the new home are consistent with the existing setbacks. The Planning Commission has issued a recommendation for approval of the variance as submitted. The two parcels will be combined into one parcel. Motion by Hausladen, seconded by Antil to approve the variance as recommended by the Planning Commission. Carried 5-0. Duske reported that the Planning Commission reviewed the sidewalk plan of the city. It is recommended that in conjunction with the CSAH 9 project, the city commence with the sidewalk project crossing CSAH 9 on 8th Street to Elm Avenue. Motion by Antil, seconded by Hausladen to install sidewalk on the west side of 8th Street extending to the east side of the railroad viaduct. Carried 5-0. It was suggested that a crosswalk be painted across CSAH 9. This could be included in the striping plans. The council asked Barry Glienke to check on the installation of a flashing light for the crosswalks on highway 12 at 4th and 8th Streets. Duske reported that he has had a lot of inquiries regarding a property listed for sale on Little Waverly Lake. It has been determined that if the property were to be annexed and sewered, it may be buildable. It is not buildable within Wright County. The buyer would have to bear the cost of sewer installation which would cost approximately $40,000. Doug DesMarais is interested in pursuing a conditional use permit to include vehicle sales with a dealer‚s license for his business at 318 Pacific Avenue. He is required to have five parking spaces dedicated for vehicle display in order to receive a dealer‚s license from the State of Minnesota. A public hearing will be held on Thursday, May 6, 2004. Economic Development Authority The Economic Development Authority received the completed property appraisals for 508 Atlantic Avenue and 412 Atlantic Avenue. The property located at 508 Atlantic Avenue contains a residential structure with two rental units. There are two parcels connected with this property as well as a detached garage in addition to the residential structure. The property was appraised by West Metro Appraisal Service for $175,000 with the stipulation that the basement was considered to be in average condition as access to the basement was not available during the appraisal visit. The property located at 412 Atlantic Avenue is vacant land and is limited in size. The property was appraised by West Metro Appraisal Service for $8,000. The EDA will continue discussions regarding the appraisal results. Park Commission The Waverly Park Commission Report was given by Ex-Officio Antil. He reported that the Commissioners are checking on funding for lighting and paving improvements at the Waverly Legion Waterfront Park. The Commissioners have issued a recommendation to approve the park plan for the Woodland Shores development. A positive recommendation was forwarded to the council for placement of a Humphrey bust in Railroad Park with no expense to city. Snowmobile access in Waverly Terrace Park was discussed. It was decided to recommend that the council keep the park closed to snowmobiles due to city liability and city ordinance. Montrose-Waverly Rate Committee The rate committee met on April 7, 2004 to discuss rates and issues regarding the Montrose Wastewater Treatment Plant. The City of Montrose requested that Waverly reimburse them for an interest payment made on the debt service. Waverly‚s share is $33,872.15 or one half of the payment. 12 Hi Estates will pay their share with the adjustment of debt service costs at the end of the contract. Motion by Olson, seconded by Hausladen to make the payment of $33,872.15 to the City of Montrose as requested. Carried 5-0. Maintenance issues were discussed briefly during the meeting. Maintenance Supervisor Rassat suggested that Waverly staff does not become involved in the daily operations of the plant. Montrose staff will operate the plant and Waverly staff will maintain the lift station in Waverly. It was previously determined that the cost of operating Waverly‚s plant on an annual basis is approximately $40,000. Waverly‚s plant will be closed down once the lift station is activated to pump to the Montrose Plant. Waverly will still have sanitary sewer annual costs of operation. Waverly employees can keep up their wastewater licenses by attending training sessions. They will not be required to work regular hours at the Montrose plant. The final rates came in lower than the rate projections. The council will need to decide what to do with the wastewater building once it is closed down. The building is recommended for demolition. A renewal application was received for Waverly‚s NPDES permit. Engineer Glienke advised that Rassat hold this permit renewal and payment of the fee until the Minnesota Pollution Control Agency determines whether renewal is necessary. Waverly will begin pumping sewage to Montrose during the first week of May. Community Liaison Community Liaison Henry-Neaton reported that the Welcome to Waverly packets are ready. She plans to begin personal visits to new residents this weekend. Certificate of Deposit 7411 Certificate of Deposit 7411 in the amount of $1,836,294.64 matured on April 10, 2004. This investment includes the bond proceeds for the 2004 capital projects. The funds will be needed during this construction season. Clerk Ryks recommended that the council consider the transfer of these funds to the money market savings account so that the funds will be accessible when needed for payment draws. Motion by Olson, seconded by Henry-Neaton to transfer the proceeds from Certificate of Deposit 7411 in the amount of $1,836,294.64 to Money Market Savings Account 7009606. Carried 5-0. Fund Transfers During 1998, the general fund made operating transfers to the water and sewer funds. Clerk Ryks recommended that the general fund be repaid from the water fund in the amount of $20,000 and the sewer fund in the amount of $20,000 since the water and sewer funds are now financially healthy. Motion by Antil, seconded by Hausladen to transfer $40,000 to the general fund from the water and sewer funds. Carried 5-0. 3.2 Malt Liquor Licenses The 3.2 Malt Liquor Licenses for the Waverly Lions, Uptown Bar and Grill LLC, and Church of St. Mary are due for renewal as of April 1, 2004. The license term runs from April 1, 2004 to March 31, 2005. Clerk Ryks presented the signed applications for renewal. There was an error in the license period date that should be corrected to March 31, 2005 from March 31, 2004. Motion by Antil, seconded by Olson to renew the 3.2 malt liquor licenses for the Uptown Bar and Grill LLC, Waverly Lions, and Church of St. Mary. Carried 5-0. MLS Report The Municipal Liquor Store report for the month of March 2004 was presented for approval. Clerk Ryks reported that revenues of $1,500 monthly should be dedicated from net sales to make the bond payments on the liquor revenue bonds. Motion by Hausladen, seconded by Antil to accept the March 2004 Municipal Liquor Store Report. Carried 5-0. Appraisal of City Office/Maintenance/Fire Station Motion by Antil, seconded by Hausladen to have the city offices and land to the north of the building appraised for market value. Carried 5-0. West Metro Appraisal Service will be used for the appraisal. Maintenance Building The feasibility of expanding the current maintenance building should be explored along with obtaining pricing for a new maintenance facility. Council Member Hausladen suggested that Maintenance Supervisor John Rassat be directed to check on expanding the existing maintenance building to the west and east. Rassat informed the council that he looked at a possible expansion of the maintenance building in an easterly direction approximately 6 years ago and received a negative recommendation from contractors due to storm drainage issues. Rassat stated that in an expansion possibility to the west, could include the addition of one garage stall with a 12‚ door at the current depth of the maintenance shop if the storage shed located west of the building would be relocated. This option may required that the roof line be restructured. Rassat reported that both the Fire Department and city maintenance department need more space. If one department were to move from the current building, the other department could utilize the entire building and possibly retain the use for a 20 year period with no expansion concerns. Discussion was held regarding the possibility of the city constructing a new fire department facility and entering into a lease agreement with the fire department. Rassat informed the council that if a new maintenance building was constructed at the wastewater treatment plant site, a compost area could be incorporated into the site plan. The council decided to pursue an appraisal of the current facility before discussing the building options. Motion by Hausladen, seconded by Olson to investigate the option of expanding the current maintenance facility to the west. Carried 4-1. Opposed: Bush. Graham Addition The plans for the Graham Addition (Lakeview Townhomes) have been approved by City Engineer Glienke and the project is currently in progress. Acknowledgements/Recognition Jeff and Kevin Hausladen were rec ognized to picking up refuse along CSAH 9. Adjournment Motion by Hausladen, seconded by Henry-Neaton to adjourn the meeting at 9:18 p.m. Carried 5-0. Deborah Ryks, Clerk Charles Bush, Mayor

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