City of Waverly Minutes

CITY OF WAVERLY CITY COUNCIL MINUTES June 12, 2007 Regular Session             Pursuant to notice and call the Waverly City Council met in regular session on Tuesday, June 12, 2007 at 6:30 p.m. in the council chambers of Waverly City Hall.  Those in attendance were Mayor Ken Hausladen, and Council Members:  Deb Hausladen, Gary Olson, and Pam Henry-Neaton.  Council Member Ken Antil was absent.   Agenda            The agenda was amended by moving the Planning Commission Report before Steve Vacura-Variance Request.             Motion by Deb Hausladen, seconded by Gary Olson to approve agenda with the as amended.  Carried 4-0.   Planning Commission Report Planning Commission Chairman Bob reported that the Planning Commission has recommended approval of the revised variance application submitted by Steve Vacura, 5498 County Road 8 SW, Waverly, Minnesota.  The revision included a proposed variance in building setback regulations to the lake rather than the county road.  The proposed building addition is for an 11 foot setback from the front property line and 34 feet from the lake.  The previous application would have placed the driveway in the right of way of the county road. Motion by Gary Olson, seconded by Pam Henry-Neaton to grant the variance as proposed for Steve Vacura, 5498 Co. Rd. 8 SW.  Carried 4-0. Winters reported that a public hearing was scheduled for July 19, 2007 to consider the request of Jay Pettit to subdivide the property located at 6040 1st  Street S., Waverly, Minnesota.   A public hearing was scheduled to consider the variance application of Roger Kloss, 110 3rd Street S., Waverly, Minnesota to construct a storage shed within close proximity to the property line. The Planning Commission decided to conduct monthly work sessions during the months of July through September due to the building season and numerous zoning requests during the summer season.      Animal Ordinance Maintenance Supervisor Rassat reported a violation of the animal ordinance at 5375  Dempsey Avenue, Waverly, Minnesota.  The property occupants are housing 32 chickens and 10 ducklings.  It was reported that they presently are housing rabbits as well.  There are 5 dogs being kept on the property.  The Animal Ordinance requires that a kennel permit be obtained to house more than two of one type of animal and farm animals are prohibited within the city limits.  The Minnesota Pollution Control Agency was contacted but they will not intervene.  Cheryl York/Jennifer Turbold occupy the property and are keeping the animals in question.  They will be present at tonight’s meeting to request permission to keep these animals.   Cheryl York and Jennifer Turbold read a letter to the council. They informed the council that they have restored the property.  Their letter stated  that permission was given to Cheryl York by the City Clerk to keep the exotic birds on the property.  The birds will not be slaughtered.  They are requesting a special permit to keep the animals on the property.  John Rassat visited the property and informed them that they were not allowed to keep farm animals within the city limits.  They reduced the number of chickens being kept to 12 and they retained 1 duck.  Turbold asked for council consideration to issue a permit if they were to move the building being used to house the animals further from the lake.  It was reported that they own 2 dogs but additional dogs are seen on the property at times that they have guests.   Council Member Deb Hausladen asked about other animals being kept on the property.  Turbold stated that they have a tortoise, parakeet, and a cat also kept at the premises.  Rassat informed the council that he received 1 complaint about the animals being housed at the location. The concerns were that the lake would be contaminated and unsafe for swimming due to the bird debris.   It was also stated there was concern that the chickens would grow larger and become a nuisance.  Turbold stated that she felt that they were mislead by City Staff.  An email message was brought in from the Minnesota Pollution Control Agency that stated that the agency would not intervene because it would be considered a feedlot but would not generate enough manure for them to pursue the matter.  The Minnesota Department of Natural Resources would not intervene as county standards would need to be followed.  Wright  County would not address the problem as it falls under the city’s discretion.  The City Council expressed concern about setting a precedent by issuing a special permit for the keeping of farm animals within the city limits.  City Clerk Deb Ryks recalled a telephone call about the keeping of one duck.    Mayor Hausladen stated that he is not in favor of issuing a special permit in this case.  Additional complaints may be received and the ordinance prohibits the keeping of farm animals within the city limits. Motion by Gary Olson, seconded by Henry-Neaton to disallow the operation of farm animals at 5375 Dempsey Avenue but the council would agree to allow 1 duck being kept on the premises.  Carried 3-1.  Hausladen: Opposed.   Jamie and Jill  Graham-5613 Dempsey Avenue.            A variance application was proposed for the property located at 5613 Dempsey Avenue,  Waverly, Minnesota. This is due to the plans to construct a single family residence on the property.  Due to the limitation in the property size, the property owners, Jamie and Jill Graham will need a variance.   A 29 foot setback to the lake and a 10 foot front yard setback is proposed.  A public hearing was conducted on May 17, 2007 and there was no opposition to the project.  The Planning Commission submitted a positive recommendation for approval of the variance as proposed.             Motion by Pam Henry-Neaton, seconded by Deb Hausladen to grant the variance for Jamie and Jill Graham as proposed for the property located at 5613 Dempsey Avenue. Carried 4-0.   May Building Inspection Report            Building Inspector Rob Beckfeld was present at the meeting to give the May Building Inspection report.             Beckfeld reported that May was a slow month for building permits.  A total of 9 building permits were issued with no new home construction permits.   Erosion control is being enforced.  Beckfeld informed the council that threats to stop work usually resolves erosion non-compliance at work sites.  There was a problem at a work site on Cologne Lane.  The builder did not have a construction dumpster on site. Beckfeld spoke with the builder and he will obtain a dumpster.  It was reported that problems were resolved with lot clean up.  Warnings are being issued to refuse inspections and this practice has worked well.  The Church  of St. Mary construction is totally enclosed with silt fencing.  The project is progressing with interior work underway.  Humphrey Elementary is progressing with the demolition of the temporary classroom buildings.  The Pizza America project is progressing with mechanical work and inside work being nearly complete.  Tom Martin had a variance granted in 1984 for deck construction that was 7 feet from the property line. The deck is being rebuilt because the existing deck was deteriorated.  The Planning Commission allowed Martin to continue the project without a new variance.   Wanda Tussing-Municipal Liquor Store            Liquor Store Manager Wanda Tussing informed the council that the monthly report does not reflect the funds from a transfer in from the savings account to pay for maintenance repairs/furnace work.             It was reported that employees completed an alcohol training course that will make the liquor store eligible for a discount on Liquor Liability Insurance premiums.             Tussing informed the council that deck construction is necessary to compete with other establishments once the State smoking ban takes effect in October 2007.  The deck area will need to be enclosed with fencing. Tussing checked with the insurance company and the patio will need to be restricted as necessary to prevent patrons from exiting the deck with drinks. The patio will be accessed from the on sale.  The council asked Tussing to obtain quotations for the patio project as soon as possible.               Pull tab receipt shortages are being found.  The source of the problem is not known.  Staff meetings are being held.  A Newsletter is being started with staff so that all employees are informed.  Wanda is taking every Wednesday off to reduce banked vacation hours.  Mayor Hausladen asked that Personnel Policy manuals be reviewed by liquor store staff as amendments have been made within the last year.             Motion by Gary Olson, seconded by Pam Henry-Neaton to adopt the May 2007 Municipal Liquor Store Report.  Carried 4-0.   Park Commission Report            Parks Superintendent Jim Woitalla gave the Park Commission report.             He reported that two groups of residents were in attendance at the Park Commission meeting to discuss Summerfields park.   One group would like the  park located at Waverland  Lane/Summerfield Drive.  The other group would like the park developed in the large area of parkland within the Summerfields development. There were no decisions made but the Park Commission would like to plan a park that would serve all age groups.   Woitalla will be obtaining pricing on playground equipment and residents will return to the June Park Commission meeting to receive updated information.   The reasons for the delay in the Summerfields park, development were discussed.  There are limited funds available for park development in Summerfields.             The Waverly  Terrace Park redevelopment is on hold until a meeting with Wright Soil & Water Conservation is held to discuss drainage corrections.             Jerry Borrell, Waverly Lions Club would like to add 2 horseshoe pits at Legion  Park prior to Waverly Daze. The Waverly Lions will pay all the costs and perform the  work.             The Carrigan Meadows playground is completed.  The park is seeded.  Jennifer Gallus, Herald Journal will take a photo for the newspaper.  The HLWW FFA worked on this project.  The council would like to thank the group for the work performed for the City of Waverly. Council Member Pam Henry-Neaton will send a written thank you to the group.  It was decided that the council would forward a request for approval by the Park Commission for compensation of the FFA Landscaping group in the amount of  $250 for their work connected with this project.   A Grand Opening will be scheduled at the June Park Commission meeting.             Motion by Gary Olson, seconded by Deb Hausladen.to bring the compensation of the FFA for the Carrigan Meadows park project to the  Park Commission for approval. Carried 4-0.             It was reported that the Waverly Lions are doing excavation and concrete work this weekend for the horseshoe pit project.  The additional pits are being located adjacent to the existing pits with one on each side.                Interim Use Scrubs Car Wash, 316 Pacific Avenue            An interim use permit proposal for Scrubs Car Wash, 316 Pacific Avenue, Waverly, Minnesota was recommended for approval by the Planning Commission.  The permit, if approved, would allow the display of 4 vehicles.  The permit would be valid for one calendar year and a  property transfer would make the permit void.               Motion by Gary Olson, seconded by Pam Henry-Neaton to grant the interim use permit as proposed for Scrubs Car Wash, 316 Pacific Avenue, Waverly,  Minnesota.  Carried 4-0.             A interim use permit proposal for Pacific Motors, 318 Pacific Avenue, Waverly, Minnesota was recommended for approval by the Planning Commission.  The permit, if approved, would allow the display of 4 vehicles at the location, the permit would be valid for one calendar year, and if the property is transferred, the permit will be null and void.             Motion by Deb Hausladen, seconded by Pam Henry-Neaton to grant the interim use permit as proposed for Pacific Motors, 318 Pacific Avenue, Waverly, Minnesota.  Carried 4-0.   EDA-John Konrath            Waverly Economic Development Authority President John Konrath was present to give the monthly report to the council.             Konrath reported that the May 21, 2007 meeting was held jointly with the council and the group heard a presentation from Cynthia Smith-Strack, Municipal Development Group regarding a proposed business subsidy policy for Waverly.  The June 26, 2007 Economic Development Authority meeting will include a public hearing held by the council to consider adoption of the Waverly Business Subsidy Policy.  The bond payment schedule for the lot owned in the Waverly Industrial Park was discussed.  The Economic Development Authority is interested in pursuing the sale of the lot to the Waverly Fire Department..  Currently the Waverly Fire Department is pursuing a 501c3 application for the authority to bond.  They may need to pursue the purchase under another loan arrangement because interest rates are rising.  The council should speak with Ehlers about refinancing the existing bond and the time frame for the payoff.   Konrath received information regarding a proposed Joint Application for a grant for redevelopment with Montrose.  The joint application request will be presented at the June 26, 2007 Economic Development Authority meeting.  The grant application should be presented to the Montrose-Waverly Chamber of Commerce at the next meeting.  A representative from the Economic Development Authority should attend the meeting.   Dave Rice, Waverly Lions            Waverly Lions President David Rice asked for council approval to locate a Foreign Exchange Student Literature Table at the Waverly Daze event.               Motion by Gary Olson, seconded by Pam Henry-Neaton to approve the request from the Waverly Lions.  Carried 4-0.             Rice reported that he is attempting to coordinate a Kiddie Karoke event on July 6, 2007 during the Waverly Daze celebration during the hours of 6:30-8pm.  The DJ is willing to do the show for kids.  The kids karoke would be broadcast on KRWC.      Mosquito Spraying at Legion Park was requested.  Parks Superintendent Woitalla reported that the city contracts with the City of Montrose for the mosquito spraying each year.  This is being scheduled by Maintenance staff.             Rice asked for a letter of approval for pull tab sales at the  Pizza America restaurant.   The Lions plan to sell pull tabs behind the bar at the location.  A final lease authorization will be done at a later time. A council Resolution for authorization of the charitable gambling location is needed for the application to the state.             Motion by Deb Hausladen, seconded by Pam Henry-Neaton to draw up a letter for authorization of pull tab sales by the Waverly Lions at Pizza America. Carried 4-0.             Mayor Hausladen thanked David Rice for serving as Lions President.  Tim LePage will take over as Lions Club President in July, 2007.             Rice requested that the city share in the cost of purchasing ball field chalk.  The Lions have the opportunity to purchase a pallet of chalk which will consist of a three year supply.  By ordering in bulk, the Lions save one half of the usual cost of the chalk.  Currently, paint is being used at the school fields. It was suggested that the Lions raise ball team fees to pay for the chalk.  City maintenance staff provides labor connected with Waverly Daze.  The city is not interested in sharing in the cost of the field chalk.  Maintenance Supervisor Rassat asked about the need for limestone.  Maintenance staff could order if it is needed.  This item was referred to Lions Club Member Tom Ogle to speak with Rassat about the limestone.             Council Member Henry-Neaton suggested that flyers be distributed to Howard  Lake and Waverly summer recreation participants regarding the kiddie karoke event.  An ad should be placed in the Herald Journal newspaper.     City Engineer’s Report-Barry Glienke            City Engineer Glienke reported that Seal Coat bids were received May 24, 2007.  Section B is proposed which includes 4th St. N., 3rd St. N., 8th St. N., Elm Avenue.   Pearson Brothers, Hanover, Minnesota submitted the low bid of $22,951.50.  Glienke has recommended that the council award the bid for the 2007 Seal Coat project to Pearson Brothers, Hanover, Minnesota in the amount of $22,951.50.               Motion by Deb Hausladen, seconded by Gary Olson to award the bid for the 2007 seal coat project to Pearson Brothers in the amount of $22,951.50.  Carried 3-0.  Abstain:  Pam Henry-Neaton.  Henry-Neaton abstained from voting due to work being performed on the street of her residence.             Engineer Glienke proposed a letter of credit reduction to $150,000 for the Windgate at Carrigan  Lake development project.  Barry Glienke met with the developer’s bank to work out an arrangement so that the development could be completed with trail installation.               Motion by Pam Henry-Neaton, seconded by Deb Hausladen to approve the letter of credit reduction for Windgate at Carrigan Lake to $150,000.   Carried 4-0.             The council asked Glienke about the status of the dirt pile removal adjacent to highway 12 in the Carrigan Estates development.  Engineer Glienke previously had discussions with Richard Lentner, Kristall Development regarding options for the removal or utilization of the dirt.  The developer previously planned to utilize the dirt for the ghost plat area of the farm property that was planned to be acquired by the developer. The developer was never able to purchase the farm property.   Glienke suggested that he and Clerk Ryks check on the letter of credit balance for Carrigan Estates.  It is possible that the city could draw against the letter of credit to pay for the dirt removal.  Glienke stated that the developer is in non-conformance with the grading plan for the development.               A letter will be sent to the developer after review of the development agreement/letter of credit balance.  The council initiated a time line for the developer to start the project  prior to the July 10, 2007 Council meeting.  The project should be started one week prior to the council meeting. The work should be completed prior to the August council meeting.             Motion by Pam Henry-Neaton, second by Gary Olson to send the letter to Kristall Development as discussed.  Carried 4-0.     City Attorney’s Report            City Attorney Tim Young wrote an amendment to the Subdivision Ordinance regarding park land dedication incorporating the policy approved by the Park Commission.               It was decided that this amendment would be reviewed and considered at the July 10, 2007 council meeting.             Motion by Pam Henry-Neaton, seconded by Deb Hausladen to table this item until the July Council meeting.  Carried 4-0.   Minutes            The minutes of the May 1, 2007 Joint Meeting with Waverly Fire Department, Inc. were presented for approval.              Motion by Gary Olson, seconded by Deb Hausladen to approve the May 1, 2007 Joint Meeting minutes as presented.  Carried 4-0.             The minutes of the May 3, 2007  Joint Session were presented for approval.              Motion by Pam Henry-Neaton, seconded by Deb Hausladen to approve the May 3, 2007 Joint Session minutes as presented.   Carried 4-0.             The minutes of the May 8, 2007 Regular Session were presented for approval.  Motion by Deb Hausladen, seconded by Pam Henry-Neaton to approve the May 8, 2007 Regular Session minutes as presented.   Carried 4-0.             The minutes of the May 21, 2007 Joint Session with the Waverly Economic Development Authority were presented for approval.              Motion by Deb Hausladen, seconded by Pam Henry-Neaton to approve the May 21, 2007 Joint Session minutes as presented.   Carried 4-0.   Accounts Payable            The accounts payable for the month of June 2007 was presented for approval in the amount of $307,044.08.               Motion by Gary Olson, seconded by Deb Hausladen to approve the accounts payable in the amount of $307,044.08.   Carried 4-0.   Maintenance Report            Maintenance Supervisor John Rassat was present at the meeting to give the Maintenance Department report.             Rassat reported that weed inspection was completed this spring with 81 lots being cited for weed ordinance violation.  The Clerk sent notices to property owners for the elimination of weeds.  Rassat reported that Rick Packer, Arcon Development purchased mowing equipment but needs to have the lots graded so that construction debris can be cleaned up prior to mowing the lots. Packer will contact Kendall Kubasch to grade the lots as necessary.               The council discussed the procedure for notification for weed elimination and reviewed an ordinance amendment to revise the height of long grass and weeds from 12 inches to 8 inches for enforcement.  The 8” height is commonly used by other communities.               Motion by Deb Hausladen, seconded by Pam Henry-Neaton  to amend the weed ordinance from 12 to 8 inch height regulation for enforcement. Carried 4-0.               The ordinance amendment will be prepared by Thursday this week to meet the deadline of the newspaper for publication next week.  The council agreed that the developers should grade lots to assist with the weed problem.               It was reported that road patches on North Shore Drive/Wilson Street were completed. Due to deterioration, North Shore  Drive culvert replacement was necessary.  The culvert replacement resulted in a $3,000 expense.  The amount of seal coat work was reduced to stay within the street budget for 2007.             Signs were installed in Carrigan Meadows and Summerfields as approved by the council.  Noise Ordinance signs are in progress with permits from the State and County needed.               Rassat is researching the warranty for the Village Hall roof from the replacement work done with rubber installation 5 years ago.  A new quotation for roof repair is $1,350.  Currently, the fabric is loose and is causing some leakage.               Parks Superintendent Jim Woitalla reported that Pat Burns, Burns Security is  looking at options and pricing for the installation of security cameras at Legion  Park.             Repair work was done in the tennis court at Legion Park.              Welcome to Waverly Program          Council Member Deb Hausladen reported that three new welcome packets are ready for delivery to new residents.  One has been delivered.  The mail sorting equipment was received and will need to be assembled to assist with the material sorting to prepare welcome packets. Insurance Renewal            A motion to not waive the statutory limits of liability is necessary for the insurance renewal application.              Motion by Henry-Neaton, seconded by Gary Olson to not waive monetary limits of liability.  Carried 4-0.   Assessment Services Contract             The Wright County Assessor forwarded the 2008-2009 city assessment agreement for approval by the council.  The rates are unchanged from the 2006-2007 contract.             Motion by Gary Olson, seconded by Pam Henry-Neaton to adopt the 2008-2009 Assessment agreement.  Carried 4-0.   Wright Computer Quotation            A quotation was received from Wright Computer to upgrade the office computer system.  The quotation includes the equipment upgrade and a data server installation.  This item will be considered with the 2008 budget. The existing office computers will be replaced with laptops.             Clerk Ryks informed the council that the Dell computer monitor is failing.  The council authorized Ryks to replace the monitor on the Dell computer at the present time.     Waverly Daze Events            Motion by Pam Henry-Neaton, seconded by Deb Hausladen to approve the list of events for Waverly Daze 2007.  Carried 4-0.             Clerk Ryks was directed to order water and candy for the parade.               It was noticed that all organizations are listed on the Waverly Daze poster as sponsors except for the City of Waverly.  Clerk Ryks will ask about this for the 2008 celebration.   Summary of Closed Session-May 30, 2007            Mayor Hausladen read the summary of the closed session aloud. Peformance evaluation scores were averaged and the vacation policy was discussed at the closed meeting.   Commercial/Industrial Park Land Dedication            Clerk Ryks reported that the existing city ordinance includes requirements for a 10 percent land or cash contribution to the city for commercial/industrial developments.  This is an informational item.   Employee Reviews          The council will conduct employee reviews on Monday, June 18, 2007 beginning at 4pm.  Council Member Ken Antil will be advised of the meeting. Budget Meeting            Council Members should review their calendars this month so that a budget meeting can be scheduled at the July Council meeting to take place during the month of August.   Comprehensive Planning Meeting            A second comprehensive planning presentation was scheduled for June 28, 2007 at 7pm.  This meeting was scheduled so that Council Members Antil and Olson would have the opportunity to hear the presentation.     Rate Committee            A rate committee meeting with the City of Montrose was scheduled for July 17, 2007 at 4:30 pm at Montrose.   Stevens West 2            Clerk Ryks received a letter from Stevens West 2 regarding a request for exemption from fire assessments.  Clerk Ryks was directed to send a letter to Stevens West 2 explaining that the fire department is a separate entity and would need to be addressed directly regarding the request for exemption for the three parcels affected in the Waverly Industrial Park.   CSAH 8 Speed Limit Reduction Request.            The council discussed requesting a speed limit reduction on CSAH 8 from 70th Street to Highway 12.  A 45 MPH is being requested.  Wright County had informed the council that they would be installing a crosswalk at Douglas Drive/CSAH 8 and this would not be adequate without a lower speed limit.             City Engineer Glienke will work with Clerk Ryks on the request for speed limit reduction on CSAH 8.     Crosswalk Signage            The council discussed placement of crosswalk signs on the road surface on highway 12 at crosswalk locations.  Engineer Glienke will pursue this matter.  An estimated cost for each sign is $280.  There are four needed in the city at crosswalk locations including Douglas/CSAH 8, 4th Street/Highway 12, 8th Street/Highway 12, and 1st Street S/Highway 12.  There is a 2 month time frame for the installation of the signs.   The council agreed that this type of signage would assist with traffic stopping for crosswalks.   Acknowledgements          Crystal Jones was acknowledged for donating four hours in community service to assist with the assembly of the Welcome Packets.              The American Legion and Legion Auxiliary was recognized for planning and conducting the Memorial Day Parade.     Adjournment            Motion by Gary Olson, seconded by Deb Hausladen to adjourn the meeting at 8:45 p.m.  Carried 4-0.       ____________________________                                        ________________________ Deborah Ryks, Clerk                                                                Ken Hausladen, Mayor

Back to Reference Menu Announcements | City Officials | General Info | Community Info | Location | Contact Info | Home