City of Waverly Minutes

May 10, 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: Henry-Neaton, Antil, and Hausladen. Council Member Olson arrived at 7:25 p.m. Agenda The agenda was amended with the following additions: 18-c, Fund Transfer, 20-a, Clean up Day, and 21-a, Meeting Time. The agenda was approved as amended by the consensus of the council. Resolution for Orderly Annexation-Ludwig Resolution 06-05 was presented for the orderly annexation of the Phillip Ludwig property located at 6231 Dempsey Avenue. Motion By Henry-Neaton, seconded by Antil to adopt Resolution 06-05 for the orderly annexation of the Ludwig property. Carried 4-0. Ludwig presented a lot split proposal for 6231 Dempsey Avenue. The lot split would create two 3.5 acre lots. Motion by Henry-Neaton, seconded by Hausladen to approve the lot split as proposed for 6231 Dempsey Avenue. Carried 4-0. Request from Public Jerry McRaith, 5996 County Road 8 S.W., was present at the meeting to dispute fire assessments charged on three separate parcels. The land is split into three parcels separate from his homestead. McRaith presented a letter received from the Wright County Auditor that stated that the three parcels cannot be attached under the existing tax classification. Mayor Bush informed McRaith that this issue would need to be addressed with the fire department. The fire department is an independent agency that sets its own assessment rates and policies. The city cannot make exemptions. A new policy was adopted in 2005 to charge every tax parcel the fire assessment. The City of Waverly contracts with Waverly Fire Department, Inc. for fire protection services. They are the agency that needs to make a final decision in this regard. If they advise the city to exempt parcels, the city will comply. Ed Scherman, Waverly Fire Department, Inc. came into the meeting at the end of the discussion with McRaith. He informed the council that the fire department is considering restricting the fire assessment on vacant lots to parcels that are suitable for building. Public Hearing-5th St. S. Vacation A public hearing was conducted at 7:15 p.m. to consider the vacation of 5th Street South. There were no members of the public present at the hearing to provide comments on the proposed street vacation. The council deemed that the public is not served by the existence of the street and therefore, the vacation of the street should be approved. The hearing was closed at 7:35 p.m. Resolution 06-05-1 was presented vacating 5th Street South. Motion by Henry-Neaton, seconded by Antil to adopt Resolution 06-05-1 vacating 5th Street South. Carried 5-0. City Attorney’s Report There was no written report submitted by the City Attorney. Waverly Fire Department Inc. There were no members present to give a report to the council. Minutes The minutes of the April 3, 2006 Joint Session were presented for approval. Motion by Antil, seconded by Hausladen to adopt the April 3, 2006 Joint Session minutes as presented. Carried 5-0. The minutes of the April 5, 2006 Liquor Committee were presented for approval. Motion by Hausladen, seconded by Henry-Neaton to adopt the April 5, 2006 Liquor Committee minutes as presented. Carried 5-0. The minutes of the April 7, 2006 Work Session were presented for approval. Motion by Antil, seconded by Hausladen to adopt the April 7, 2006 Work Session minutes as presented. Carried 5-0. The minutes of the April 10, 2006 Special Session were presented for approval. Motion by Hausladen, seconded by Antil to adopt the April 10, 2006 Special Session minutes as presented. Carried 5-0. The minutes of the April 12, 2006 Regular Session were presented for approval. Motion by Henry-Neaton, seconded by Antil to adopt the April 12, 2006 Regular Session minutes as presented. Carried 5-0. The minutes of the April 17, 2006 Board of Review Assessment Hearing were presented for approval. Motion by Hausladen, seconded by Antil to adopt the April 17, 2006 Board of Review Assessment Hearing minutes as presented. Carried 5-0. The minutes of the April 27, 2006 Joint Meeting with Woodland Township were presented for approval. Motion by Hausladen, seconded by Bush to adopt the April 27, 2006 Joint Meeting with Woodland Township minutes as presented. Carried 5-0. City Engineer’s Report City Engineer Glienke presented the bid results for the Legion Park Improvement project. Two bids were received. The low bidder was Buffalo Bituminous in the amount of $130,834.40. Astech Surface Technologies submitted a bid of $136,891.43. The City Engineer’s estimate was $130,000. Due to the 2006 project budget of $106,000, one court was deleted for a final bid price of $77,684.35. This was included as an option in the specifications for the project. The basketball/tennis court was combined. Motion by Antil, seconded by Henry-Neaton to include one tennis court and basketball court for the project cost of $77,684.35 and award the bid to Buffalo Bituminous. Carried 5-0. The projected completion date is June 30. There is a provision for liquidated damages in the contract if the construction time exceeds the contract completion date. Accounts Payable The accounts payable was presented in the amount of $113,341.20. Motion by Olson, seconded by Hausladen to approve the accounts payable in the amount of $113,341.20. Carried 5-0. Park Commission Report Parks Superintendent Jim Woitalla gave the Park Commission report. Woitalla reported that the upon further review the Park Commission formulated a recommendation to allow Waverly Daze camping with the following stipulations: A payment will be required for the campsites at the rates of $30 for 2 nights or $20 per night with a $50 damage deposit per campsite. There will be 27 sites total. No animals or glass products will be allowed in the camping area, and campers will be restricted to use factory self contained fire pits. The Waverly Lions Club will collect the campsite payments and coordinate the camping. They will take responsibility for the campsites. Sites will be numbered and inspected for damage. They requested that camping be allowed to accommodate the ball tournament during Waverly Daze. If there are problems with the campers, camping will be disallowed in the future. Motion by Antil, seconded by Hausladen to allow camping at Legion Park during Waverly Daze with the stipulations as recommended by the Park Commission. Carried 4-1. Opposed: Bush. Woitalla reported that the Park Commissioners met with Mike Olson, Veritas Development and the park plan for Spring Meadows was accepted. Barry Glienke discussed the requirements that were stipulated for Trailhead Development for Carrigan Trails park. Some park dedication requirements may be reviewed in the future. Planning Commission Report Planning and Zoning Liaison Adrian Duske was present at the meeting to give the Planning Commission report. Duske reported that the public hearing was held on May 4, 2006 to consider the conditional use permit application of St. Mary’s Church. The conditional use permit is needed to accomplish the proposed renovation project. Members of the public attended the hearing with questions about drainage. The City Engineer was present and answered the drainage questions presented at the hearing. A letter of conditions was presented by Engineer Glienke to be incorporated into the approval of the conditional use permit for St. Mary’s parish. The Planning Commission issued a recommendation to the council to approve the conditional use permit with the engineer’s stipulations. Ken Antil asked about the improvement of existing drainage onto his property. He stated that he was under the impression that drainage would be improved and not remain unchanged with the renovation project construction. City Engineer Glienke will assess the drainage situation. Motion by Henry-Neaton, seconded by Olson to approve the conditional use permit for St. Mary’s Church. 5-0. Father Cloutier and Bob Bakeberg were present at the meeting to field questions regarding the renovation project. Bakeberg stated that the construction is planned to start by August 1. They understand that construction traffic will not be permitted on 6th Street/Maple Avenue. Mike Reinhart-1011 North Shore Drive attended the Planning Commission meeting of May 4 to discuss a construction addition project which requires foundation work and dimension changes. The Planning Commissioners determined that a variance is needed. A public hearing was scheduled for June 1 to consider the application for a variance for Mike Reinhart. Economic Development Authority Bob Winters was present at the meeting to give the Economic Development Authority report. Winters reported that the Development Open House event sponsored by the Economic Development Authority was a success. There were 85 attendees at the open house. The Economic Development recognized city staff for their efforts with the coordination of the event. Winters asked about outstanding checks showing on the March financial report. The figure was several outstanding checks for payroll that was done on March 23. Maintenance Report Maintenance Supervisor Rassat reported that Greg Pawelk will accept the Maintenance Worker position with a starting date of May 30, 2006. The criminal background check performed on Pawelk came back with no misdemeanor or felony convictions. The preemployment drug testing will be done within the next week or so. Motion by Olson, seconded by Hausladen to hire Greg Pawelk at the rate of $16.50 per hour contingent upon a negative result on the pending preemployment drug test. Carried 4-0. Abstain: Antil. Rassat reported that Professional Design Group representatives will formulate a building design model for the proposed Maintenance facility/City Offices within a two week time frame. The model should be available for review at the June 13, 2006 council meeting. Parks Superintendent Jim Woitalla reported that tree removal at Legion Park was accomplished. Legion Park is open and ready for public use. The rehabilitation of the volleyball court will be done in the near future. Community Liaison Pam Henry-Neaton reported that new resident welcome visits are being done with 8 visits remaining on the current new resident list. Waverly Daze Parade Clerk Ryks received the registration form for the Waverly Daze parade. The council will participate in the parade. The registration form will be submitted to the Parade Committee. Insurance – Monetary Limits As part of the city insurance renewal, council action is needed to not waive the statutory monetary limits of liability. Motion by Henry-Neaton, seconded by Antil to not waive the statutory monetary limits of liability for the city insurance policy. Carried 5-0. Fund Transfer During the 2005 audit, cash balance figures were adjusted and recently revised by the City Clerk. It was noticed that the major equipment fund increased by $70,922.83 due to a correction made by the auditing firm in 2003. The general fund was reduced by the same figure. Clerk Ryks inquired whether a transfer could be made to replace the amount in the general fund. This was acceptable to Kara Gaffey, Kern, DeWenter & Viere. Motion by Olson, seconded by Hausladen to transfer $70,922.83 from the major equipment fund to the general fund. Carried 5-0. Financial Management Plan A proposal was received from Ehlers & Associates to formulate a financial management plan for the city. The plan would cover general expenditure estimates and tax increases needed as well as capital project funding for the future. The cost estimate is $5,000. Motion by Antil, seconded by Hausladen to consult with Ehlers & Associates for the development of a financial management plan for the cost of $5,000. Carried 5-0. April MLS Report Motion by Henry-Neaton, seconded by Olson to accept the April Municipal Liquor Store report as presented. Carried 5-0. Personnel Committee The personnel committee will meet on May 15 to conduct a probationary review of Office Assistant Lori Jones and to discuss the new management position and its details with Wanda Tussing. Old Business Following the receipt of the invoices for Clean up Day, a meeting will be scheduled with Marysville Township officials. Representatives will be invited to a work session to discuss the expenses/revenues from this year’s clean up day event. Clerk Ryks forwarded a letter to Hirsch Investments regarding the contract for deed payoff. This item will be discussed at the June Council meeting as the letter was dated May 1. New Business The regular council meeting schedule will resume to Tuesday nights for the remainder of the year. Motion by Henry-Neaton, seconded by Antil to revert back to the regular schedule for council meetings to the second Tuesday of the month. Carried 5-0. 1st Street Lighting Motion by Antil, seconded by Hausladen to install street lights on 1st Street S. as quoted by Xcel Energy and pay for the project from the water/sewer projects fund. 5-0. Other Business It was suggested that the schedule for the demolition of the old water tower be advertised so that interested parties have the opportunity to photograph the event if they so desire. Acknowledgements City office staff Clerk Deb Ryks and Office Assistant Lori Jones were recognized for their work involved with the Development Open House event, Clean up Day volunteers were acknowledged and the Sheriff Reserves who worked during the event. Council Member Hausladen reported that the Economic Development Authority acknowledged city staff for their work with development open house event. Adjournment The meeting was adjourned at 8:05 p.m. ________________________ ________________________ Deborah Ryks, Clerk Charles Bush, Mayor

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