City of Waverly Minutes

Regular Session Pursuant to notice and call the Waverly City Council met in regular session at 7:30 p.m. on Tuesday, July 8, 2003 in the council chambers of Waverly City Hall. Those in attendance were Acting Mayor Olson, Clerk Ryks, and Council Members: Antil, Henry-Neaton, and Hausladen. Mayor Bush arrived at 7:45 p.m. Acting Mayor Olson presided over the meeting until Mayor Bush arrived. Agenda The following additions were made to the meeting agenda: Item 8.a Sewer Access Charge rates, Storm water utility, Item 12.a Dan Graham: Conditional Use Permit/Planned Unit Development, Item 15.f Ehlers & Associates- Bond Issue Authorization, and Item 18.a 9th Street Parking. The agenda was approved as amended by consensus of the council. Requests from the Public Stephanie Smith, 125 Summerfield Drive was present at the meeting. She stated that a representative from the Minnesota Department of Transportation is meeting with her on Friday, July 11, 2003 regarding drainage problems. Smith inquired about the pending annexation request of Brad Paumen. She asked the council about an access from Summerfields to the 40 acre parcel that may be developed as an industrial park. The council informed her that there would not be access from Summerfields but from Emerson Avenue. There is also a buffer required along the area between the industrial property to residential property. In accordance with the City of Waverly Landscaping Ordinance, there will be a 6 foot buffer with trees required. Angela Hoberg, 112 Summerfield Drive was present at the meeting. She is interested in the actual dimensions of the walking path that will be installed in phase one of Summerfields. Barry Glienke, Bolton & Menk stated that the development engineer is considering different widths. The patch layout will need to be approved by city. Once the city approves the layout, residents will be notified personally or by letter. The Council requested that letters be posted on doors of residents when the city knows more about the path width. The speed limit on CSAH 8 south from highway 12 within the city limits was discussed. A reduction in the speed limit to 30 mph was discussed. City Engineer Brad DeWolf stated that since this is a primarily residential area with the Summerfields and Arcon Developments that a speed reduction would be possible but a speed study is required. The Wright County Engineer needs to pursue the speed study with the State of Minnesota. DeWolf will make a formal to the county engineer. Ernie Meyer, 1403 North Shore was present at the meeting to discuss drainage concerns along North Shore Drive. A field pipe drains onto properties across the road and the culverts cannot keep up. An 8‰ tile is coming out of farmland owned by Mike Koeppe is causing the drainage problem across the road. The City Engineers looked at the situation . They are recommending that the city install a sump basket and an additional 18‰ culvert. Currently the City does not have an easement to perform the work. Richard Storms, 1407 North Shore Drive was present at the meeting and stated that he would be willing to provide an easement to the city so that the drainage can be improved. The city would be required to purchase easements from property owners in order to perform the work on private property. Brad DeWolf will provide a cost estimate and study for the best resolution of the current drainage problems. The cost estimate and details of the work to be performed will be brought back to the council for consideration. There will be four property owners involved in the proposed easement area. Motion by Bush, seconded by Antil to direct the City Engineer to investigate the drainage problem and return to the council with a cost estimate. Carried 5-0. Ernie Meyer informed the council that there is a speeding problem along North Shore Drive on weekends. He suggested that additional signs be posted or issuance of more speed citations. This problem was brought up to a Deputy Sheriff that was in the building during the council meeting. Waterfront Park has a speeding problem also that will need to be addressed by law enforcement. Geraldine Smith was present at the meeting and asked about the status of the feasibility study on the Waverly Village Hall. The council had received preliminary financial information. The council may schedule public meetings in the near future. Public Hearing-Annexation Ordinance A petition for annexation of 59.96 acres was previously submitted by Darrell Lachermeier. This annexation is being done through the procedure of annexation by ordinance since the land is under 60 acres. The public hearing was opened at 7:40 p.m. The hearing will be held open for 15 minutes to accept public comment. Tom Ryan was present at the hearing. He owns 80 acres of property that adjoins the Lachermeier property on the south side. The Ryan property has been annexed and allowed the Lachermeiers to petition for annexation because it is adjacent to the Ryan property. Tom Ryan needs access to his property from highway 12 as stipulated in the annexation approval. An agreement for access and building of a road extending to highway 12 needs to be reached. Jim Larson was present at the hearing and represents the Lachermeiers. Larson stated that he met yesterday with Tom Ryan regarding an agreement for a joint venture to provide access to Tom Ryan‚s property. The city‚s position is that an access agreement needs to be reached between the two parties so that the Ryan property is not landlocked. Ken Pawelk, Woodland Township was present at the hearing. An agreement is being formulated between the City and Woodland Township which will apply to future annexations. Future annexation requests will need to be consistent with the annexation agreement between Waverly and Woodland Township. This will include compliance with the annexation compensation policy of Woodland Township. This particular annexation petition was pending and was exempted from the pending annexation agreement. All future phases of annexation for the Lachermeier farm will need to comply with the agreement. Motion by Hausladen, seconded by Olson to close the hearing at 7:50 p.m. Carried 5-0. Motion by Bush , seconded by Hausladen to adopt the annexation ordinance contingent on an agreement being reached between Tom Ryan and the Lachermeiers for street accesses. Carried 6-0.. Wright County Sheriff It was reported that it has been relatively quiet in town. The Sheriff‚s Department will conduct additional patrolling during Waverly Daze weekend. City Engineer‚s Report The bonding for capital improvement projects at the current time is suggested as the rates are favorable. Brad DeWolf will have base rates for an industrial sewer access charge rate and a sample storm water utility ordinance within 2 weeks for the council to review. In accordance with the financial report from Ehlers & Associates for funding of capital improvement projects, the city will need to raise sewer access charges. Motion by Bush, seconded by Hausladen to raise the sewer access charge from $2500 to $3500. Carried 5-0. Comparison rates of surrounding communites are: Howard Lake-$3500, Delano-$4000, and Buffalo -$3700. Minutes The minutes of the June 6, 2003 Council Work Session were presented for approval. Motion by Hausladen, seconded by Henry-Neaton to approve the June 6, 2003 Council Work Session minutes as presented. Carried 5-0. The minutes of the June 10, 2003 Regular Session were presented for approval. Motion by Hausladen, seconded by Antil to approve the June 10, 2003 Regular Session minutes as presented. Carried 5-0. The minutes of the June 20, 2003 Joint Session with Woodland Township were presented for approval. Motion by Hausladen, seconded by Henry-Neaton to approve the June 20, 2003 Joint Session with Woodland Township minutes as presented. Carried 5-0. The minutes of the June 23, 2003 Joint Session with Marysville Township were presented for approval. Motion by Hausladen, seconded by Henry-Neaton to approve the June 23, 2003 Joint Session with Marysville Township minutes as presented. Carried 5-0. The minutes of the June 26, 2003 Special Session were presented for approval. Motion by Hausladen, seconded by Antil to approve the June 26, 2003 Special Session minutes as presented. Carried 5-0. Accounts Payable Motion by Antil, seconded by Hausladen to approve the accounts payable in the amount of $69,749.57. Carried 5-0. Maintenance Report Maintenance Supervisor John Rassat requested to purchase a 4‚x 8‚ platform for the purpose of putting up flags & holiday decorations. This is a safety issue as city maintenance staff had a close call with an OSHA inspector that was traveling through town while they were putting up flags. Rassat obtained a price from H&H Fabricating, for a set of forks with an OSHA approved bracket. The estimated cost is $2000. In accordance with OSHA regulations, an open bracket cannot be used. Motion by Antil, seconded by Hausladen to approve the bracket purchase as proposed. Carried 5-0. Rassat reported that the city Maintenance Department is looking at purchasing a wood chipper to be used with the development of a compost plant at the current wastewater treatment facility site. The estimated cost for a wood chipper is $9,000. The City of Howard Lake would split the cost and the equipment would be portable for transferring to and from each city. The City of Howard Lake would agree to pay for 50% of the equipment maintenance. The council asked that this item be included in the 2004 budget and gave tentative approval of the purchase in 2004 so that the City of Howard Lake could plan on the joint purchase while considering expenditures for 2004. Rassat reported that street patching will be done in the next few weeks. The E-1 pumps that were installed in the sewer lift stations are working well. There have been no problems during rainstorms with the sewer grinder pumps since the installation. City Maintenance employee Jim Woitalla reported that he requested prices on seal coating and received two quotes. The quotations reflected a price from Caldwell of $20,411.38 and a price from Astech for $16,564. The seal coating with granite chips have worked out well. The area proposed for seal coating is as follows: 8th Street, 9th Street, Lakeview Drive, 7th Street (Elm to Maple), Maple Avenue to 5th Street, 6th St from Atlantic Avenue to 3rd Street and Maple Avenue, County Road 9 to 1st Street N., Atlantic Avenue from 1st Street to County Road 9, 1st, 2nd, 3rd Street S., 1 ∏ Street S. Personal notifications of the work to be performed and the work schedule will be delivered to residents in the work area. Motion by Antil, seconded by Hausladen to accept the quote from Astech for the seal coating work. Carried 5-0. Woitalla reported that the Park Commission did not have a quorum during the last meeting. Two Park Commission members have conflicts until fall and will not be able to attend the monthly meetings. The council informed Woitalla that meetings can be held for discussion purposes without a quorum but official actions cannot be taken. Woitalla was encouraged to check on the possibility of a monthly meeting date change so that all Park Commissioners are able to attend. Woitalla reported that idea of developing camp sites at Waverly Legion Waterfront Park was not well received. The Park Commissioners would like to pursue the construction of a second Park Pavillion building for renting. The Park Commissioners would like to see rental fees receipted to the park fund. The council asked maintenance staff to look into expanding the cellular phone service with Nextel for new phones and the 2 way radio option. The cell phones should be carried all day by maintenance employees to make sure they can be contacted if necessary. Planning and Zoning The Planning Commission report was given by Adrian Duske. John Konrath, 503 North Shore Drive submitted an application for a variance. The variance, if approved, would allow for the demolition of the existing boathouse that is located 12 feet from the lake. Konrath proposes to construct a new building 18 feet from the lake to be used for storage of lake equipment and other items A public hearing was held on July 2, 2003 by the Planning Commission. A positive recommendation was issued by the Planning Commission. Motion by Hausladen, seconded by Antil to approve the variance as submitted for 503 North Shore Drive. Failed: 2-3. Olson, Henry-Neaton, Bush opposed. Discussion was held regarding previous variance requests. A precedent was set with a variance being denied for Joe Briant, 5436 County Road 8 S.W. in 1999 for a similar request. Briant was able to do his project but only as a temporary building that was portable without a floating slab. Motion by Hausladen, seconded by Antil to approve the commencement of a building project for a storage building without a slab so it is portable. Carried 3-2. Opposed: Henry-Neaton and Olson. It was suggested that the City Clerk send a letter to John Konrath to advise him of the outcome. Dan and Maureen Graham submitted a request for a Planned Unit Development/Conditional Use Permit for the property located at 4th Street/Maple Avenue. (formerly Hackbarth Enterprises) Three twin homes are proposed on the parcel of land. The development „Maple Ridge‰ must have association rules that are approved by the city. A letter of recommendations was submitted by City Engineer Glienke. The Planning Commission has recommended approval of the planned unit development contingent upon compliance with the requests of the City Engineer and the City Attorney‚s approval of association documents. Motion by Antil, seconded by Hausladen to approve the conditional use permit for a planned unit development with the conditions as noted. Carried 5-0. Motion by Hausladen , seconded by Olson that if the alley needs to be paved, that the cost is borne by the developer . Carried 4-0. Abstain: Bush. Mike Cebulla, 523 North Shore Drive has proposed a variation in height regulations for a two story garage. Cebulla is currently applying for a variance. The height regulation would be exceeded by 4 feet. A recommendation that the council look at the design of the John Hirsch buildings for compliance with the building type approved at the time of the land purchase was made. Mayor Bush stated that the city did not stipulate building types for the businesses along highway 12 in the Waverly Railroad Addition. Bond Issue for Capital Improvement Projects Motion by Olson, seconded by Hausladen to authorize Ehlers & Associates to begin the procedure for bond issuance for the 2003-04 projects as listed in the capital improvement plan. Carried 5-0. Economic Development Authority Peter Coleman, Railway Equipment Company was present at the June Economic Development Authority to make a presentation regarding the relocation of his company that is currently located in Delano. A meeting is set up with Arcon Development and the business owner as well as an Economic Development Authority member. The meeting is scheduled for 10am Thursday, July 10, 2003. Park Commission The Park Commission has recommended that the city require a park in the industrial park that will be a future phase in the Arcon development. Annexation Petition-Brad Paumen Brad Paumen submitted an annexation petition for 40 acres west of the Summerfields development. Paumen‚s attorney, John Peterson informed Clerk Ryks that a public hearing could be scheduled for August 28, 2003. This would give Peterson time to mail all of the hearing notices to adjacent landowners. Motion by Bush, seconded by Hausladen to schedule the annexation hearing for Brad Paumen on August 28, 2003 at 7:30 p.m. The proposed future use of the property is industrial. The council should inquire about the type of industrial uses that are proposed for the property since there is some concerns of residents in the area. Currently, the I-1 zone district regulations allow for light industrial uses. Summary of Closed Session-June 16, 2003 June 23, 2003 The summaries of closed sessions held on June 16 and June 23 were read aloud by Mayor Bush. Performance evaluations were conducted of City Clerk Ryks, Maintenance Supervisor Rassat, Maintenance Worker Bill Schoening, and Parks Supertintendent Woitalla on June 16, 2003. Performance evaluations of Liquor Store Managers Wanda Tussing and Steve Gagnon were conducted on June 23, 2003. The Personnel Committee submitted a recommendation to the council for annual salary increases. The salary increases include Bill Schoening‚s 6 month wage increase and annual wage increases for other city employees. 3% wage increases were given to all employees except for Wanda Tussing and John Rassat. Rassat and Tussing both received a $2,080 annual increase in wages. The Personnel Committee also recommended a change in Clerk Ryks‚ job duties. A recording secretary will be hired for the EDA and Park Commission. Mary Johnson will perform the Planning and Zoning recording and compilation of minutes and other Planning Commission work at her hourly rate. Motion by Olson, seconded by Antil to accept the recommendation as submitted by the Personnel Committee. Carried 5-0. 2004-2005 Assessment Agreement- A two year assessment agreement was received from the Wright County Assessor. There are additional fees for building permit review and a per parcel rate increase applicable in the agreement. The additional fees can be added to the fee schedule as they are collectable on building permit applications. Motion by Bush, seconded by Hausladen to approve the assessment agreement. Carried 5-0. MLS Report, Motion by Hausladen, seconded by Antil to approve the June 2003 Municipal Liquor Store Report. Carried 5-0. It was noted that sales are up by $20,000 from June, 2002. Carried 5-0. 9th Street parking There have been vehicles parking on 9th Street. The street is narrow and there has been a hazard with traffic trying to get around parked vehicles. The council authorized the Maintenance Department to post no parking signs on both sides of 9th Street. Noise Ordinance Enforcement Signs The council asked the Maintenance Department to look into the purchase of noise ordinance enforcement signs to be posted at the city limits on Highway 12, County Road 9, and County Road 8. Motion by Olson, seconded by Hausladen to purchase signs for placement in locations to be left up to the discretion of the City Street Department employees. Carried 5-0. Acknowledgements/Recognition The HLWW varsity baseball team was recognized for their first place win in Section 1A State Tournament. Carey and Christina Kittock were recognized for painting the buildings at Waterfront Park. The Kittock family was commended for their care in use of the vacant lot on Elm/5th Street during their anniversary event and their excellent clean up job. Adjournment Motion by Hausladen, seconded by Antil to adjourn the meeting at 9:30 p.m. Carried 5-0. ___________________________ _______________________ Deborah Ryks, Clerk

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