City of Waverly Minutes

CITY OF WAVERLY CITY COUNCIL MINUTES June 14, 2005 Regular Session Pursuant to notice and call the Waverly City Council met in regular session at 7:00 p.m. on Tuesday, June 14, 2005 in the council chambers of Waverly City Hall. Those in attendance were Mayor Bush, Clerk Ryks, and Council Members: Hausladen, Olson, Antil, and Henry-Neaton. Agenda The following items were added to the agenda: II. c. Payment Request-#7, Randy Kramer Excavating, CSAH 9-$668.80; II.d. Payment Request #I-Randy Kramer Excavating, 5th, 7th Street Improvements, $34,437.52; 17. a. Park Commissioners Report; 22.b.-New Business-4 way stops in residential developments. Letter from Marcella Borrell A letter was received from Marcella Borrell, 508 Franklin Avenue regarding displeasure with the completion of the Franklin Avenue construction project. The letter was acknowledged by the council. Requests from the Public Gayle Cenis, 120 1-1/2 Street S. addressed the council regarding the timing for the installation of sod/seed in her back yard. Engineer Glienke explained that the restoration portion of the 1st Street S. construction project has been delayed due to poor weather conditions. Glienke is estimating a 2-3 week time frame for the work to commence depending upon the weather. The council informed Cenis that she will be receiving seed restoration and not sod. Sod is only being installed in the areas that new sod was tom out to install sidewalk. Cenis was concerned with the success of seeding. Engineer Glienke informed her that the seeding contractor is responsible for watering and weeding during the first 30 days from installation. The contractor is responsible for the guarantee of the seed growing into grass. Rob Beckfeld-Building Inspection Report Building Inspector Rob Beckfeld reported that he is losing the battle with builders with mud and erosion non-compliance. He stopped work on 4 houses during the last week and refused another 6-8 inspections. There was mud tracked from Frankfort Way/1st Street S. for a half block and he was not able to locate the address that the mud came from for enforcement. Arcon Development has swept the streets in Carrigan Meadows twice this year rather than the weekly schedule that they were on last year. Generation Homes was refused inspections. They clean up to receive an inspection and within a week the mess reoccurs. The option of giving a 24 hour notice to builders and closing down the developments for new construction permits was discussed. Another option is for the city to clean up the streets and charge the cost to the lot owner. Maintenance Supervisor John Rassat suggested that the council meet with the developers and inform them that if the problem persists that the council will close down the development for new building permits. It was decided that letters would be sent to developers to notify them of a meeting to discuss clean up issues. The meeting will be held on Monday, June 20, 2005 at 1:00 p.m. Building Inspector Rob Beckfeld will attend the meeting along with City Council Members. The developers will be advised that no new permits will be issued until this situation is resolved. John Wichmann. Ron VanRiper An annexation request was submitted by John Wichmann and Ron VanRiper who own a 1-1/2 acre seasonal lot on Little Waverly Lake adjacent to the city. They are interested in annexing the land to keep a self contained, mobile camper on the site. They are interested in hooking up to city sewer in the future. They may consider constructing a cabin in the future. The township will not allow the camper to be kept on the lot as it is not compliant with building setbacks. The city is agreeable to the annexation and the current use of the lot. The future building plans will need to be reviewed by the Planning Commission prior to commencement of a building project. The council instructed the property owners to attend a township board meeting to request the annexation. A joint resolution between the city and township will be drawn up and approved by each board. A payment of $250 per acre is required prior to approval by the township. This is in accordance with the orderly annexation agreement between the city and the township. The land is within the planning area which is included in the orderly annexation agreement. The City Attorney has the resolution format and could be hired to prepare the resolution at the petitioners cost. The property owners were agreeable to reimbursing the city the attorneys fees for preparation of the resolution. Waverly Fire Department, Inc. It was suggested that the council members will put together ideas for a rent structure and an agreement with the Fire Department at the July 8, 2005 work session. The Fire Committee will present the ideas to Fire Department representatives at their meeting on July 25. City Engineers Report City Engineer Glienke presented Payment Request #8 from Maguire Iron for water tower construction in the amount of $8,597.50. Motion by Antil, seconded by Hausladen to authorize payment to Maguire Iron as presented. Carried 5-0. Engineer Glienke presented Payment Request #7 from Randy Kramer Excavating for the CSAH 9 project in the amount of $668.80. Motion by Olson, seconded by Antil to authorize payment to Randy Kramer Excavating for the CSAH 9 project as presented. Carried 5-0. Engineer Glienke presented Payment Request # 1 from Randy Kramer Excavating for the 5th/7th Street construction project in the amount of $34,437.52. Motion by Henry-Neaton, seconded by Hausladen to authorize payment to Randy Kramer Excavating for 5th/7th Street improvements as presented. Carried 5-0. It was decided to restore front yards with seed for the 1st Street/Franklin project as specified in the contract. The council agreed to sod the areas that sod was destroyed to building the sidewalk only. Engineer Glienke reported that he met with a financial representative for the Lachermeier Farms project to discuss the development agreement requirements and the letter of credit required. Joe Lachermeier was present at the meeting. He reported that there will be approximately 106 homes in the development. Large lots are planned for the development. Glienke reported that the East Carrigan Lake Utility Project bid opening is scheduled for July 7. The projected completion date is December 1, 2005. The water tower is scheduled for filling on Thursday, June 16, 2005. Once the tower is filled, the testing process can be started. Minutes The minutes of the May 3, 2005 Special Session were presented for approval. Motion by Olson, seconded by Antil approve the May 3, 2005 Special Session minutes as presented. Carried 5-0. The minutes of the May 6, 2005 Work Session were presented for approval. Motion by Henry-Neaton, seconded by Hausladen to approve the May 6, 2005 Work Session minutes as presented. Carried 5-0. The minutes of the May 10, 2005 Regular Session were presented for approval. Motion by Antil, seconded by Hausladen to approve the May 10, 2005 Regular Session minutes as presented. Carried 5-0. The minutes of the May 12, 2005 Special Session were presented for approval. Motion by Hausladen, seconded by Antil to approve the May 12, 2005 Special Session minutes as presented. Carried 5-0. The minutes of the May 20, 2005 Special Session were presented for approval. Motion by Henry-Neaton, seconded by Hausladen to approve the May 20, 2005 Special Session minutes as presented. Carried 5-0. The minutes of the May 31, 2005 Special Session were presented for approval. Motion by Antil, seconded by Hausladen to approve the May 31, 2005 Special Session minutes as presented. Carried 5-0. Accounts Payable The accounts payable was presented in the amount of $177,950.84. Motion by Antil, seconded by Olson approve the accounts payable in the amount of $1 77,950.84. Carried 5-0. Maintenance Report Maintenance Supervisor Rassat reported that the alley paving project between 4th and 3rd Street is planned as a joint project with the owner of Maple Ridge Townhomes. The citys portion of the project is the east half of the alley. A cost estimate was provided by Omann Brothers in the amount of $3,530 for the citys portion. The same contractor is being used by the property owner for a shared project. Motion by Henry-Neaton, seconded by Olson to award the job to Omann Brothers in the amount of $3,530 for the citys portion of bituminous installation on the alley between 3rd and 4th Streets. Carried 5-0. The storm drain and catch basin that is being installed for the Maple Ridge project will be attached to the citys storm drain to prevent runoff. This project will start within 2 weeks. Rassat gave a status report on the compost rehabilitation project at the Waverly Wastewater Treatment Plant site. Currently he is waiting for excess dirt from the 5th/7th Street Improvement Project to continue landscaping at the site. The building has been moved. The project is progressing on schedule. Council Member Hausladen asked about the schedule for bituminous patching on Lakeview Drive. Rassat informed the council that the bituminous patching on Lakeview Drive and in other areas throughout the city will be done concurrently with other overlay projects being done by Buffalo Bituminous. Adrian Duske pointed out that builders need to take care of street conditions along their construction job sites. Enforcement action is necessary since other property owners keep up their properties within the same areas. Parks Superintendent Jim Woitalla reported that the expansion of the beach at Legion Memorial Park is planned to be completed once the weather improves. The trail installation at Carrigan Estates park has been halted due to the muddy conditions due to rainfall. Woitalla is working with Engineer Glienke and Rick Packer, Arcon Development regarding the trail system plans in Carrigan Meadows. The community build event for the installation of playground equipment in Carrigan Estates park was rained out. Woitalla will try to reschedule the volunteers. The volleyball court may not be moved in Legion Memorial Park prior to Waverly Daze due to wet weather conditions but the beach expansion should be completed prior to the celebration. Planning Commission Report Craig and Laurie Campbell, 906 Lakeview Drive approached the Planning Commissioners regarding a variance for a 2 foot differential from the setback for a storage shed. The property owners decided to relocate the shed rather than pursuing the variance procedure. Joe Lehrer representing Eagle Creek Development was present at a Planning Commission meeting. Eagle Creek Development owns the one acre parcel west of the Waverly Community Homes. Previously, the developer planned to construct a 13 unit residential building. The plans were revised to construct four quad homes on the property. The units will be owner occupied with no rental units. The project will be under a homeowners association. The project will be done as a planned unit development. The estimated valuation is $150,000 per unit. The property is located in a single family residential zone district (R-l). The Planning Commissioners have suggested that the property be rezoned to a multi family zone district. The developer is interested in using Bolton & Menk for private engineering services. The Planning Commissioners were in favor of this since Bolton & Menk is also the city engineer and would be considering the citys best interests. The street right of way would extend Elm Avenue to the property line. A proposal was made by the developer to install an access to Lakeview Drive. The Planning Commission has not acted on the proposal. The installation of an access to Lakeview Drive was not approved in the previous proposal and the council members did not look favorably at Lakeview Drive becoming a through street. Attached garages are incorporated into the plans. There will be a private street between Waverly Community Homes and the new structures. The city street portion is planned to align with Elm Avenue. Plans and specifications will be prepared and submitted to the Planning Commission to review. Downtown renovation ideas were discussed by the Planning Commissioners. Permitted structures within the B-1 General Business zone district were discussed. The Planning Commissioners would like to restrict the type of structures within this zone to masonry. This is in general discussion stages only. The Commissioners are strictly discussing planning for downtown renovation. Economic Development Authority Bob Winters reported that the Economic Development Authority members discussed the status of the industrial land purchase. The purchase transaction has not closed yet. The final plat is currently being revised and then will be signed and recorded. Park Commission Report-Ryan DeMars Ryan DeMars was present at the meeting to give the Park Commission report. DeMars reported that the community playground build for Carrigan Estates park was postponed due to the weather. The gazebo construction is proceeding. Planning is being worked on for the Summerfields park. The grade will need to be improved by the developer. The park plans include a trail system, tree planting, and the installation of benches overlooking the pond at Waverland Court. Plans for 2005 for Legion Memorial Park improvements include the relocation of the tennis and basketball courts. The Commissioners are currently waiting for prices. These projects are planned concurrently so that the area is not disturbed more than once. The Commissioners are looking for a plaque to honor veterans for placement in the park. Mayor Bush asked that the Park Commissioners work on an overall 3-5 year plan. A written plan would be helpful for the council to refer to during the budgeting process. DeMars informed Bush that some of the park planning has not been completed but engineering cost estimates are available. Timing is not definite due to the availability of funds. A phased plan could be established for Carrigan Meadows park since it will be a major park and recreational facility. Mayor Bush informed DeMars that the Council would consider the payment for improvements from the general fund for park developments since the parks system benefits the entire city. A joint meeting will be scheduled in the near future for all city committees to hear status reports. Community Liaison Pam Henry-Neaton reported that she has five welcome visits left from her original list. The new list of residents is growing and this will be an ongoing process. Administration A summary of the closed session from May 26, 2005 was read aloud by the Mayor. The closed session was held so that council members could complete employee performance evaluations and average the evaluation scores for each employee. Insurance Limits As part of the citys insurance renewal, the city will need to take action on waiving the monetary limits of liability. The city generally does not waive the statutory limits of liability. If the city waives the limits, the city could be liable above the limits. Motion by Henry-Neaton, seconded by Olson to not waive the monetary limits of liability. Carried 5-0. Copy Machine Clerk Ryks presented a lease agreement for a Savin 2820 digital color copier for the city office. The machine has been loaned to the city for demonstration purposes. The machine is much faster and has many additional capabilities from the existing machine which is an analog Canon NP2020 machine which is now 8 years old. Due to the age of the existing machine, the maintenance agreement is at a high rate. The cost of a 48 month lease with a maintenance agreement which includes toner is $289 per month. The maintenance agreement is based on the number of copies made but is estimated at $915.20 per year. The monthly cost for a 36 month lease is $357 per month. The maintenance agreement cost is the same. The cost difference between the 36 month and 48 month lease is $1,020. Clerk Ryks recommended the 48 month lease option. There are funds in the 2005 budget sufficient to make lease payments. Motion by Anti!, seconded by Olson to lease the Savin 2820 digital color copier under the 48 month lease agreement and the maintenance agreement. Carried 5-0. Temporary On Sale Permit-Waverly Lions The Waverly Lions are interested in forwarding an application to the State of Minnesota for a temporary 1-4 day on sale liquor license to be used during Waverly Daze. A fee was established by the council of $8.50 per day for the license. This was calculated from the annual license fee and prorating it over 365 days. The permit will allow the Lions to sell strong beer and wine coolers. Motion by Olson, seconded by Antil to approve the temporary permit for The Waverly Lions at the cost of $8.50 per day. Carried 5-0. Waverly Daze Events Motion by Henry-Neaton, seconded by Olson to approve the Waverly Daze events as presented in the Waverly Daze schedule. Carried 5-0. Fund Transfer Motion by Henry-Neaton, seconded by Antil to transfer funds received in the general checking account #200088 in the amount of $2,088,261.15 from the bond sale for 2005 utility improvements to Money Market Savings Account #7009606. Carried 5-0. Construction payments are made from general checking and transferred electronically by the Clerk from the money market savings account. This is the same procedure used with 2004 construction payments. Resolution 05-06 Resolution 05-06 was present to the council approving of the alignment changes for CSAH 9. The resolution is needed by Wright County for submission to the State of Minnesota in order to request state aid funds. Motion by Antil, seconded by Henry-Neaton to adopt resolution 05-06. Carried 5-0. Municipal Liquor Store Report Motion by Olson, seconded by Henry-Neaton to adopt the May 2005 Municipal Liquor Store Report. Carried 5-0. Mary Klingelhoets prepared a sales graph chart for review by the council to study the historical sales months. 2005 is at an all time high in liquor and beer sales. American Legion Post 305 Request for Letter American Legion Post 305 members requested that the city send a letter to civic organizations stating that the name of the park is Legion Memorial Park and should not be referred to as Waterfront Park. The Council directed Clerk Ryks to prepare and mail the letters to civic organizations as requested. Stop Signs A four way stop at 1st Street/Frankfort Way is requested as well as a four way controlled stop at Douglas Drive/Waverland Court. Summerfield Drive/Douglas Drive is proposed to have a three way stop. Motion by Antil, seconded by Hausladen approve the controlled intersection stops as proposed. Carried 5-0. All intersections in residential developments are proposed for four way stops. This will be included in new development agreements. Part Time Office Assistant The council discussed an additional part time position in the Clerks Office for two days per week. This would offset the other part time worker that is scheduled three days per week. This will be discussed during employee reviews. It is planned that this position will be included in the 2006 budget and would commence in January 2006. Acknowledgments/Recognition Council Member Henry-Neaton recognized the 2005 graduates from HLWW High School, and the American Legion and Auxilliary for a successful parade and memorial day program. Mayor Bush acknowledged Kim Larson, 113 Summerfield Drive for sending a letter regarding a commendation for the additional police patrolling/ticketing in Summerfields and specifically Deputy Mike Kaczmarek. Other Business Adrian Duske asked about the installation of stop ahead signs at the intersection of CSAH 9/2nd Street N. Engineer Glienke informed Duske that stop ahead signs were included in the project plans and will be erected with all other signs once the sod is installed along the project area. Adjournment Motion by Bush, seconded by Antil to adjourn Deborah Ryks, Clerk Charles Bush, Mayor

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