City of Waverly Minutes

May 13, 2008 Regular Session Pursuant to notice and call the Waverly City Council met in regular session at 7:00 p.m. on Tuesday, May 13, 2008. Those in attendance were Mayor Ken Hausladen, Clerk Deb Ryks, and Council Members: Gary Olson, Pam Henry-Neaton, and Deb Hausladen. Council Member Ken Antil was absent. Agenda The following items were added to the agenda: Requests from the Public: Scott & Lisa Ilaqua, Utility Bill Credit Request; Ack-Recognition-Announcements: August 5, 2008 National Night Out Lake Association Event; and Administration: Paper Copies. Motion by Gary Olson, seconded by Deb Hausladen to approve the agenda. Carried 4-0. Requests from the Public Sue Jagodzinski, Parents in Education representative was present at the meeting to inform the council of a playground community build taking place at the Humphrey Elementary School on May 17, 2008. The group is requesting to use the city auger to drill 8 holes. Maintenance Supervisor John Rassat agreed to operate the city equipment and donate his time for the project. The group will mark the areas for the hole drilling to be done by the City Maintenance Department on Friday, May 16, 2008 at 10am. The area will be fenced off for safety reasons. The HLWW FFA will also have an auger on site. Motion by Gary Olson, seconded by Pam Henry-Neaton to authorize use of the city auger for the playground build at Humphrey Elementary School. Carried 4-0. A written request for a sewer charge credit was received from Scott and Lisa Ilaqua, 107 Dresden Lane. They experienced a large utility bill due to high usage from tampering with their outside water faucet. Clerk Ryks reported that their average usage is 17,000 gallons and if the sewer charge was credited to their average use, it would result in a credit of $292.24. This is the same procedure used for persons that experience high utility bills due to water leaks. Motion by Gary Olson, seconded by Ken Hausladen to credit the account for 107 Dresden Lane’s sewer charge by $292.24. Carried 4-0. MLS Report-Wanda Tussing Manager Wanda Tussing reported that April was a good month. The net income on the April 2008 Profit and Loss report is $6029.73. There was a transfer included on the March financial report but the transaction did not appear on April’s report. This is a quarterly transfer, not monthly and will only appear on the financial report on a quarterly basis. The council asked for a year to date net income figure to review at the June 10, 2008 council meeting. Tussing reported that she is making a horseshoe pit area behind the store. She told the council that she plans to use wood chips for a picnic area. The council discussed using a hard surface such as blacktop or concrete due to the possibility of extinguishing smoking materials in the wood chip material.. The City Maintenance Department could be asked to level the area with city equipment. Acknowledgements/Recognition/Announcements This week is National Law Enforcement Week. The Wright County Sheriff’s Department was acknowledged. Pam Henry-Neaton reported that the MEADA Lip Sync event was delayed one week due to weather conditions. The event was very successful. The National Night Out event will be held on August 5, 2008. MEADA will hold the same events as last year. The Waverly Lake Association is planning an event in Legion Park in participation with National Night Out on August 5, 2008. Parks Commission-Ryan DeMars Chairman Ryan DeMars reviewed the April 23, 2008 Minutes. He reported that bench locations were determined by the Park Board. The Park Commission decided to wait until July to order the benches due to limited finances until the tax settlement is received. DeMars informed the council that the design and engineering for the park mapping project was more expensive than anticipated. Clerk Ryks commented that this project is a long term benefit and once the initial work is completed, updates are easily done and not very costly. Sand will be hauled into the volleyball court in the Summerfields park. This project will take place in July pending financial availability. 100 trees were planted in various parks throughout the city. Roofing work is being done on the buildings in Legion Park due to storm damage. This is associated with an insurance claim and any deductible amount owed would be paid from the general parks budget. The Park Commissioners decided not to meet until July due to limited funding and low activity in development parks. Budgeted park projects will be on hold until July when the tax settlement is received. Clerk Ryks will notify the Parks Commission of the public hearing date for the T-Mobile antenna proposal since the water tower is located in Carrigan Estates park. An open house event for the public to view new park areas has not been scheduled. Connie Holmes-Planning Commission Report Planning Commissioner Connie Holmes reviewed the April 17, 2008 Planning Commission minutes with the council. She reported that 4 requests came in front of the Planning and Zoning Commission. 2 of the requests were for building projects that did not require zoning permits. The T-Mobile proposal was discussed. Mike Olson, Veritas Development presented a proposal for the Spring Meadows subdivision requesting that a portion of the development be rezoned to allow for senior housing. This would involve the construction of two family dwellings and four family dwellings for occupancy by persons age 55 and older. Mike Olson was present to inquire about this type of use in the Spring Meadows subdivision and receive feedback from the Planning Commissioners. An official proposal was not submitted. Olson advised the Planning Commissioners that his market study revealed a market for senior citizens but not single family residential development. The proposed Rental Property Ordinance was not discussed as the meeting was delayed due to the annual Board of Review Assessment hearing. The draft ordinance will be reviewed on May 15, 2008. The council advised Commissioner Holmes that they are interested in reviewing a draft ordinance ASAP. EDA-John Konrath Economic Development Authority President John Konrath reviewed the April 28, 2008 Minutes with the council. He reported that new EDA member Keith Harris was welcomed by the Board. The cash balance in the EDA checking account is $39,483.65. There were questions about the loan status for the $20,000 that was transferred to the city general checking account. This amount will be repaid but a time frame was not established. The development open house event was cancelled due to a lack of interest. 4 RSVP’s were received. Due to the housing market slow down, this event may not be inviting to realtors, developers, financial institutions. John Konrath informed the council that he will be resigning effective June 1, 2008. He is retiring from his full time job also. He stated that it is time for newcomers to the Board as he has served as an EDA member for many years. 1000 Friends Grant/Community Survey: Connie Holmes reported that a grant project opportunity was received on April 1, 2008. The grant program was open to cities under a population of 12,000. The program provides funding for the planning process for future growth. There was a short application deadline. The city’s financial obligations were not known. This project may be an expensive undertaking, with an increasing balance due from the city during the term of the grant. Holmes will be inquiring about a grant program in 2009 and the details to prepare for an application. A Community Survey is pending as an EDA project. A community profile will be obtained from US Government sources. A Waverly resident survey is needed to assist the city with future planning. A draft resident community survey was distributed to the council for comments and suggestions by the end of May. The draft will also be submitted to the Planning Commission and Park Commission for review and comment.. Konrath informed the council that he received a letter from the HLWW Parents in Education group (PIE). The letter requested a donation toward the group. EDA will discuss at their meeting this month. Konrath encouraged other members on EDA to consider the position of President due to his pending resignation. The EDA prefers that a council member/EDA member does not serve in the capacity as President. The council thanked John Konrath for his years of service on the EDA. Maintenance Report Maintenance Supervisor John Rassat submitted a written report since he is in Winona at a training class. In his report he requested that the council authorize a letter be forwarded to the property owner of 315 Pacific Avenue for public nuisance ordinance violations including the presence of junk and debris on the property and the storage of inoperable, unlicensed vehicles on the property. The council discussed authorizing Maintenance Supervisor Rassat to enforce ordinances by issuing notices to property owners that violate the City Code of Ordinances. Motion by Pam Henry-Neaton, seconded by Ken Hausladen to authorize the Maintenance Supervisor to issue city notices for public nuisances. Carried 4-0. Barry Glienke-City Engineer’s Report City Engineer Barry Glienke presented a draft Tower Lease Agreement form to be used with the T-Mobile proposal for leasing on the water tower for cell and wireless services. A copy of the agreement was sent to City Attorney Rhonda Pagel to review and determine the estimated legal fees for the project. This is needed to calculate the escrow needed for legal/engineering services. An Interim Use Permit is required for the project. The antenna is proposed to attach to the handrail on the water tower. At the time that the interior of the water tower is painted, a permanent attachment will be made to the water tank. It is estimated that the interior painting won’t be needed for 12 years. Glienke reviewed rental agreements done in other communities and the average lease amount is $950-$1,250. Payment of the escrow to cover engineering costs and legal fees is required prior to a public hearing. Also, the interim use permit application needs to be completed and the application fee of $300 paid. The application fee covers the administration costs connected with the public hearing. A letter was received from Security State Bank regarding 10001 Cheyenne and 10005 Tabitha Court in the Carrigan Estates subdivision. The bank received the lots back due to non payment. Builders don’t want to buy the property due to large piles of dirt that are located on the lots and would need to be relocated. Security State Bank addressed the developer with their concerns regarding the dirt piles and no action has been taken to correct the situation. Security State Bank is asking the city to pursue the matter by drawing on the letter of credit provided by the developer. City Engineer Glienke suggested that the city consider exercising the developer’s letter of credit to move the dirt from the residential lots to the main dirt pile. This would make the lots saleable.. The council discussed sending a letter to the developer directing him to relocate the dirt or the city will exercise his letter of credit to accomplish the project. Motion by Pam Henry-Neaton, seconded by Gary Olson to send a letter to the developer stating the this is an ongoing issue and there are concerns regarding the sale of properties and to relocate the dirt on the residential lots within 30 days or the city will exercise the letter of credit and that there will be no negotiations. Carried 4-0. Mayor Ken Hausladen asked about the repair of manhole covers in the Summerfields development. City Engineer Glienke explained that weight restrictions were just lifted by Wright County. The bituminous patch can be done and the work to repair the water shut offs and manhole covers can be done. Minutes The minutes of the April 8, 2008 Regular Session were presented for approval. Motion by Gary Olson, seconded by Deb Hausladen to approve the minutes of the April 8,, 2008 Regular Session as presented. Carried 4-0. City Engineer Glienke informed the council that in the days following the April 8, 2008 council meeting, the legal description was verified for the parcel between Vitaldyne and the City of Waverly. The property records verified that Mike Kuske is the owner of the parcel in question. Discussion was held about the pending sale of two lots to Mike Kuske. Clerk Ryks explained that typically the Mayor is authorized to attend the closing and sign the documents. Motion by Pam Henry-Neaton, seconded by Deb Hausladen to authorize the Mayor to attend the sale closing. Carried 4-0.. The minutes of the April 17, 2008 Board of Review Assessment hearing were presented for approval. Motion by Pam Henry-Neaton, seconded by Gary Olson to approve the April 17, 2008 Board of Review Assessment Hearing minutes as presented. Carried 4-0. Accounts Payable The accounts payable was presented in the amount of $63,426.31. Motion by Pam Henry-Neaton, seconded by Gary Olson to approve the accounts payable in the amount of $63,426.31. Carried 4-0. Mayor Hausladen will sign the checks later in the week pending additional revenues being received. Welcome Packets Deb Hausladen reported that there were 7 new resident welcome packets delivered this month. Petition for Detachment A petition for detachment was received from Woodland Township regarding a parcel that was annexed in error along with the Trailhead Development annexation of the Douglas farm acreage. The parcel is owned by Randall and DeAnn Rasset. Discussion was held regarding covering the city’s costs to make the correction as Trailhead’s attorney made the error in the legal description in the 2005 property annexation. The council questioned whether the payment to the township included the fee for this particular parcel. The council authorized the City Attorney to draw up the Resolution needed to accomplish the detachment and submit legal advice regarding the township payment and the procedure to detach the parcel. Water/Sewer Rates There was no change made to the water and sewer rates. Waverly Daze Parade The council will register to participate in the Waverly Daze parade. Falcon Heights Investment Policy/Burnsville Financial Management Policy Additional review of the Falcon Heights Investment Policy provided by the city auditing firm and the Burnsville Financial Management Plan obtained by Mayor Ken Hausladen is needed. Motion by Deb Hausladen, seconded by Ken Hausladen to table consideration of these policies until the June 10, 2008 council meeting. Carried 4-0. Utility Billing The council previously discussed converting from quarterly to monthly utility billing. Automation of utility payments were also discussed. Clerk Ryks explained that she will need to research the procedure and the easiest way to convert the system due to the estimation of meter readings on a monthly schedule and the timing to commence monthly billing in relation to the current quarterly schedule. Also, automated payments will require the purchase of a module from Banyon for the utility billing system. The cost is $795. Citizens State Bank of Waverly will need to be consulted regarding the automation of utility payments. The council asked Clerk Ryks to develop a plan for the monthly billing schedule. This item will be discussed at the June 10, 2008 council meeting. Image-tek Proposal for Electronic Storage This item was previously tabled. The salesman is waiting for a decision and will contact Clerk Ryks tomorrow. The original proposal was amended to include one year’s storage fee at no cost due to Waverly becoming the highlighted city in Minnesota to participate in the program. The project would cost $695 for the set up fees. The first phase would include resolutions, ordinances, and minutes. Phase two would include transferring administrative documents to a system that would be available on the web. Since the city now has the option to scan documents on its copier, scanning of documents could be done in house. The scanned documents could be transferred to media for storage purposes. Pam Henry-Neaton suggested that a college intern be considered to assist with this project. Motion by Pam Henry-Neaton, seconded by Deb Hausladen to not enter into the agreement with Image-tek. Carried 4-0. Insurance Liability Waiver Clerk Ryks presented a form provided by the insurance agent regarding a waiver of the statutory tort limits of liability. This is done annually with the city insurance renewal. If the council waives the limits of liability, the city could be liable for more than the state limit on insurance claims. Motion by Gary Olson, seconded by Pam Henry-Neaton to not waive the statutory limits of insurance liability. Carried 4-0. Council Salaries An ordinance was prepared by Clerk Ryks in conjunction with the council’s discussion at the April 8, 2008 meeting regarding amendment to the salaries of the Mayor and Council. In accordance with the law, the ordinance would become effective in the next election term. Due to the absence of Council Member Ken Antil, this item was tabled for consideration at the June 10, 2008 council meeting. Paper Copies Council Member Pam Henry-Neaton asked that the amount of paper copies provided to the council be reduced. Clerk Ryks was asked to provide two sided copies for the minutes to prevent additional copies. Time sheets are not required to be copied for all council members. A system could be worked out that the council could review an original copy and request photocopies of items that are desired. An erasable white board for the Maintenance Department and the Administrative Department was suggested to note duties performed for the council to look at when they are in the city office rather than providing the biweekly reports with the copies of time sheets. Clean up Day There were 53 participants. All invoices have not been received yet. An expense/revenue report will be provided once the invoices are paid and the reimbursement is received from Wright County. Ball Park Light Rental Request Al Doering requested a discount for advance payment of the weekly rental of the ball park lights by his ball league. The rental fee is $50 per week for his league. The advance payment assists city administration by only having to deposit a check payment once over the 9-10 week time period. Council Member Gary Olson was concerned with the energy costs and whether the $50 rental fee covers the city costs. The energy costs will be recalculated for the council to review. Also, Olson expressed concern about the programming system for the ball park lights as it appears that the lights are on at odd times. The Maintenance Department will be asked to check on the programming operation to verify it is working properly. Clerk Ryks was directed to inform Al Doering that one half of the total ball park light rental could be paid in advance and that any discount would be applied to the second half. The council would like to discuss this item next month once the energy costs are determined. Motion by Ken Hausladen, seconded by Pam Henry-Neaton to table the request until the June 10, 2008 council meeting. Carried 4-0. Wright County Mitigation Survey Council Member Pam Henry-Neaton requested that the council complete the Wright County Mitigation Survey at the meting so that it could be forwarded to the Wright County Emergency Manager. The council completed the survey together. Henry-Neaton will send the survey in on behalf of the council. The Clerk will be contacted for specifics regarding the 2002 flood damage in Waverly. Adjournment Motion by Ken Hausladen, seconded by Pam Henry-Neaton to adjourn the meeting at 8:45 p.m. Carried 4-0. _________________________ ___________________________ Deborah Ryks, Clerk Ken Hausladen, Mayor

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