City of Waverly Minutes

May 11, 2004 Regular Session Pursuant to notice and call the Waverly City Council met in regular session at 7:30 p.m. on Tuesday, May 11, 2004 in the council chambers of Waverly City Hall. Those in attendance were Mayor Bush, Clerk Ryks, and Council Members: Henry-Neaton, Hausladen, and Antil. Council Member Olson was absent. Agenda The agenda was amended with the following additions: Schedule Meeting with Ehlers & Associates, Set Date for Personnel Committee, Waverly Boosters, Clean up Day Commendations, Attendance at Chamber of Commerce Meeting. The agenda was approved as amended by consensus of the council. Megan Mills Megan Mills was present at the meeting to address the council with a request to keep the Waverly Legion Waterfront Park open until midnight to accommodate her July 16, 2004 wedding event. The event will be a private party. The DJ will quit playing music at 11pm. Mills is asking for an extension of the park hours until 12am so they may clean up after the event. Clerk Ryks will check on the status of reservations for the following day in the case clean up time is needed. Clerk Ryks will contact the Wright County Sheriff‚s Department and advise them of the extension of park hours so that a citation is not issued to the renters. Motion by Bush, seconded by Antil to extend park hours on July 16, 2004 with music playing until 11pm and the park remaining open until midnight. Carried 4-0. Street Signs-Carrigan Meadows 1st Addition The council requested a 4 way stop at the intersection of Dresden Alcove/Dresden Lane in Carrigan Meadows 1st Addition. Rick Packer agreed to order stop signs. If additional signs are needed, the city should pay the cost. Carrigan Meadows 3rd Addition-Final Plat City Engineer Glienke has reviewed the final plat for Carrigan Meadows 3rd Addition and has recommended approval of the plat with the requirement of street connection to CSAH 8. Glienke also suggested that the city specify that road be built with hauling of gravel, etc. for use as an equipment entrance. The Planning Commission has recommended approval of the final plat contingent upon the City Engineer‚s approval. Motion by Hausladen, seconded by Antil to accept the final plat for the 3rd Addition of Carrigan Meadows. Carried 5-0. Rick Packer explained that the Planning Commission‚s request to change the name of Douglas Drive is not possible as it is an extension of Douglas Drive from the west side of CSAH 8. Council Member Hausladen asked about the policy of developers in naming streets in subdivisions. Packer informed the council that the city can name the streets but most often, the city does not have a master list formulated for street names and the developer is required to name the streets. Requests from public There were no requests from the public. City Attorney‚s Report Clerk Ryks reported that she contacted City Attorney Pagel and asked about the legality of a city expenditure for fireworks. Pagel informed Ryks that fireworks are considered a legal city expenditure. Shadduck, Young & Brown will provide the city with the format for a joint resolution for orderly annexation to use for annexations in accordance with the orderly annexation agreements. After reviewing the city‚s water ordinance, City Attorney Pagel has recommended that the city is required to supply one curb box with water service for a building. Wright Co. Sheriff The council asked that the Sheriff‚s Deputies watch crosswalks for vehicles thate are not stopping for pedestrians. This seems to be a problem on highway 12. Waverly Fire Department, Inc. The council committee met last week. The group will continue to meet on a regular basis. There are new members among new Waverly residents. The fire department is currently discussing their future needs and status of operation. City Engineer‚s Report City Engineer Glienke presented the bid results for the 2004 street/utility project which includes 1st Street S. and Franklin Avenue. The low bid was submitted by Buffalo Bituminous in the amount of $487,507.30. Mid Minnesota Hot Mix came in second with the bid amount of $527,978.30. The City Engineer‚s estimate for the project was $561,682.15. City Engineer Glienke has recommended that the council award the bid to Buffalo Bituminous. Motion by Henry-Neaton, seconded by Antil to award the bid to Buffalo Bituminous in the amount of $487,507.30 for the 2004 street/utility project. Carried 4-0. Engineer Glienke has recommended approval of payment request #2 from Arcon Construction for the Carrigan Meadows Lift Station in the amount of $57,000.00. Motion by Antil Seconded by Henry-Neaton to approve payment request #2 to Arcon Construction for the Carrigan Meadows lift station project in the amount of $57,000. Carried 4-0. Glienke conducted a sewer rate study. This study was done to determine rate increases needed in relation to the Montrose Wastewater Treatment Plant agreement. It was decided to keep sewer rates unchanged until January, 2005 when a rate increase of 5% will be considered. The water tower construction will be completed early fall 2004. The tower is scheduled to be operational in the spring of 2005. The Waverly Flag logo design will be send to the contractor to obtain a price for painting. Minutes The minutes of the April 9, 2004 Council Work Session were presented for approval. Motion by Hausladen, seconded by Antil to approve the April 9, 2004 Council Work Session minutes as presented. Carried 4-0. The minutes of the April 13, 2004 Regular Session were presented for approval. Motion by Hausladen, seconded by Henry-Neaton to approve the April 13, 2004 Regular Session minutes as presented. Carried 4-0. The minutes of the April 19, 2004 Board of Review Assessment Hearing were presented for approval. Motion by Hausladen, seconded by Antil to approve the April 19, 2004 Board of Review Assessment Hearing minutes as presented. Carried 4-0. The minutes of the April 19, 2004 Joint Session minutes were presented for approval. Motion by Antil, seconded by Hausladen to approve the April 19, 2004 Joint Session minutes. Carried 4-0. Accounts Payable The accounts payable was presented in the amount of $280,640.48. Motion by Hausladen, seconded by Henry-Neaton to approve the accounts payable in the amount of $280,640.48. Carried 4-0. Maintenance Report The Maintenance Department is requesting approval for the Chipper purchase for the cost of $9,782 which reflects the State bid price. The funds have been allocated in the budget for the chipper equipment purchase. Motion by Antil, seconded by Hausladen to purchase the chipper as requested for the cost of $9,782. Carried 4-0. Planning Commission Report Planning and Zoning Liaison Adrian Duske was present at the meeting to give the Planning and Zoning report. Duske reported that a public hearing was held on May 6, 2004 to consider an application for a conditional use permit for the property located at 318 Pacific Avenue which would allow sales display for five vehicles. The Planning Commission has recommended approval with the following conditions: The Planning Commission did not want the conditional use to be transferable to new property owners but upon legal advice, it was determined that conditional use permits run with the property and an expiration date cannot be incorporated into the permit. The other stipulations would stay in effect including no service work on vehicles at the location, no oil changes, and no vehicles in need of repair. The council discussed placing a limitation on the age of vehicles or value of the vehicles displayed in the lot. Doug DesMarais, the applicant was present at the meeting and informed the council that only sellable, clean vehicles with no dents or rust would be displayed in the sales lot. The permit is being sought due to the requirement for 5 vehicle stalls to be eligible for a dealer‚s license. DesMarais often is asked by private parties to purchase a vehicle for them at the auto auction. DesMarais was informed that the City of Waverly Outdoor Sales Lot Ordinance requires 310 square feet per vehicle in sales lots. City Attorney Pagel had advised the council that an interim use could be considered upon amendment of the Waverly Zoning Ordinance to include interim uses in zoning districts. Interim uses would allow the city to restrict the permits to a specific time frame. An interim use could be reviewed every six months. Signage will be placed on the building only. DesMarais informed the council that he is not interested in dealing with junk cars. He is opposed to a restriction on value or age of vehicles because value depends upon individuals and age of vehicles does not coordinate with the condition of vehicles. DesMarais‚ business consists of a shop for small engine repair with an office in the front of the building. It is not a repair facility for vehicles. Clean up and display is conducted at the location. Mayor Bush asked that an additional condition be placed on the permit to prohibit highway signage for vehicle sales. DesMarais contacted the other auto sales businesses within Waverly to ask whether they would have a problem with his business. Karels Auto Body did not have a problem and J&T Motors informed Council Member Antil that he would not object to Doug DesMarais‚ business. Motion by Hausladen, seconded by Antil to grant the conditional use permit as amended with the addition of signage being prohibited along the highway. Carried 3-0. Abstain: Henry-Neaton. LaPlant Properties-Pizza America LaPlant Properties has proposed to construct a restaurant/bar facility at 101 Summerfield Drive. A 5,800 square foot masonry building is proposed with 88 parking spaces to accommodate 120 persons. A conditional use permit is required to the Residential-Business district zoning of the property. A 6 foot fence is proposed between the facility and residentially zoned property to the south. Refuse containers will be enclosed. A public hearing was held on May 6, 2004 by the Planning Commission to consider the application for conditional use permit. There were no members of the public present at the public hearing. The Planning Commission has recommended approval for of the conditional use permit with a variance for 88 parking spaces. Sunday on sale liquor is not currently available in Waverly. The question will be placed on the election ballot. Wine and beer licenses can be approved for Sundays. Clerk Ryks will inform the architect that Sunday on sale liquor is not currently available. Motion by Antil, seconded by Hausladen to approve the conditional use permit for LaPlant Properties dba Pizza America for the property located at 101 Summerfield Drive. Carried 4-0. Beth Froslie, 407 Elm Avenue requeste d information on business signage. Froslie will contact Clerk Ryks to check on the ordinance requirements. The proposed sign will be located on the building. The building will be used as a beauty salon. Economic Development Authority The Economic Development Authority forwarded a purchase offer to the property owner of 412 Atlantic Avenue. City Attorney Young was informed by the property owner that he has another purchase offer for $20,000. Stevens Well Drilling & Environmental is purchasing 30 arces of industrial land from Arcon Development. Stevens will be meeting with the Planning Commission regarding their plans for the land. Park Commission The Park Commission is meeting twice monthly. This is due to presenters taking up time at the regular meeting that is needed to work on park commission business. A concept plan for playground equipment was presented by Earl F. Anderson. The Park Commission amended their recommendation for the installation of a snowmobile trail through Waverly Terrace Park. The members would agree to a fenced off trail on a trial basis. If problems occur, the trail could be closed to snowmobiles. The trail is proposed to be grass with fencing. The fencing will consist of a corridor of orange snow fencing. Release of liability will be signed by the snowmobile association. Motion by Hausladen, seconded by Antil to accept the recommendation of the Park Commission for limited use of Waverly Terrace Park for a snowmobile trail. Carried 4-0. Parks Superintendent Woitalla is investigating state park funding programs. Woitalla was contacted by a staff person from Norm Coleman‚s office. He is currently researching web information. Available programs may include 0 interest loans for park improvements. Woitalla is working on contacting Xcel Energy about lighting for the Humphrey Bust and flag in Railroad Park. He will give an update at the next meeting along with a recommendation from the Park Commission. Community Liaison Community Liaison Pam Henry-Neaton will begin personal visits with new residents. Welcome Packets are ready for distribution. Administration Clerk Ryks requested to purchase a tape recorder for use at city meetings in the amount of $489. Motion by Bush, seconded by Hausladen to purchase the tape recorder for $489. Carried 4-0. Orderly Annexation Agreements The proposed orderly annexation agreements have been approved by Marysville and Woodland townships. Woodland has proposed a few changes to the agreement. The revisions include a section on the status of zoning authority by Wright County until land is annexed. A $10,000 figure was also inserted into the performance bond requirement for work on township roads by contractors. Marysville accepted the agreement as written. Motion by Hausladen, seconded by antil to accept the orderly annexation agreement with Marysville Township. Carried 4-0. Motion by Hausladen, seconded by Henry-Neaton to adopt the orderly annexation agreement with Woodland township as amended. Carried 4-0. Municipal Liquor Store Report Motion by Hausladen, seconded by Antil to adopt the April 2004 Municipal Liquor Store Report. Carried 4-0. Ken Hausladen attended the staff meeting on May 10, 2004. The off sale will be open on Memorial Day weekend but shelving will be completed afterwards. The sales are down a small amount due to the remodeling. The old coolers will be coming out Monday. The new coolers will be installed the following Friday. Garden Work Motion by Hausladen, seconded by Henry-Neaton to authorize Mary Klingelhoets to do the city garden work with payment at the pay scale of part time maintenance employee for an annual amount not to exceed $600. Carried 4-0.. Old Business The meeting scheduled with Shelly Eldrige, Ehlers & Associates for May 19 will be changed to a start time of 6:30 p.m. Quit Claim Deed A quit claim deed was prepared by Daniel and Maureen Graham‚s attorney for the quit claim of property to the city. This land should have been included in the road right of way. They are selling the property and the buyers are aware of the quit claim deed. Motion by Antil, seconded by Hausladen to accept the quit claim from Dan and Maureen Graham. Carried 4-0. Waverly Daze Parade The City Council will register for the Waverly Daze parade. Personnel Meeting The council will conduct a personnel meeting on June 10, 2004 to begin completing employee review forms. Work Session The June Council Work Session meeting has been rescheduled for Thursday, June 3, 2004 at 6:30 p.m. Chamber of Commerce Mayor Bush and Council Member Henry-Neaton will attend the July 15, 2004 Chamber of Commerce meeting at noon to give an update to the group on City of Waverly happenings. Waverly Boosters The Waverly Boosters are not being funded by the Waverly Lions at the same level as they were in the past. They need to research other avenues for funding the summer recreation program. The council could consider funding the summer recreation program. The city can expend funds for summer recreation programs such as equipment and payroll for the instructors. Christina Kittock, Waverly Boosters will attend the June 8, 2004 council meeting to discuss the summer recreation program. Clean up Day Council Member Henry-Neaton reported on the results of residents participating in community clean up day on April 24, 2004. Waverly and Marysville residents participating reflected an even number from Waverly and Marysville. A list of commendations to those who assisted with the clean up day event was submitted to the Herald Journal newspaper. Waverly Ambassadors The Waverly Ambassadors have requested $266.25 for an expense for the Royalty Float. The council asked that a representative attend a future meeting and present a financial statement for the council to review prior to making a decision on an expenditure by the city. Acknowledgements/Recognition Council Member Henry-Neaton recognized the Clean up day volunteers. There were 7 workers from Waverly council and staff and 10 from the Marysville Board and staff. An official thank you will be printed in the Herald Journal newspaper. Adjournment Motion by Bush, seconded by Hausladen to adjourn the meeting at 9:10 p.m. Carried 4-0. Deborah Ryks, Clerk Charles Bush, Mayor

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