City of Waverly Minutes

CITY OF WAVERLY CITY COUNCIL MINUTES July 8, 2008 Regular Session Pursuant to notice and call the Waverly City Council met in regular session at 7:00 p.m. on Tuesday, July 8, 2008 in the council chambers of Waverly City Hall. Those in attendance were Mayor Ken Hausladen, Clerk Deb Ryks, and Council Members: Gary Olson, Deb Hausladen, Pam Henry-Neaton, and Ken Antil. Maintenance Supervisor John Rassat, City Engineer Barry Glienke and Waverly Economic Development President Connie Holmes were also present at the meeting. Agenda The council agenda was amended with the addition of Police Protection under New Business. Motion by Ken Hausladen, seconded by Gary Olson to approve the agenda as amended. Carried 5-0. Request for Street Closing-5K Run Mike Reinert was present at the meeting to request a street closing in conjunction with the 5K run event on Saturday, July 12. 4th Street between Atlantic Avenue and Elm Avenue is requested to be closed between the hours of 7:30 am-and 11am on Saturday, July 12. Motion by Ken Antil, seconded by Pam Henry-Neaton to approve the street closing as requested. Carried 5-0. The Maintenance Department does not have barricades but will be able to provide a few orange cones for the street blockage. The Fire Department will provide two fire trucks to be used in the street closing. The Wright County Sheriff's Department will also provide assistance. Flyers will be sent out to residents along the 5K route. Mike Olson-Spring Meadows Mike Olson, Copperhead Development was present at the meeting to seek approval from the council for the transfer of liability under the development agreement to a new entity for the spring meadows subdivision. The letter of credit would need to be transferred. Discussion is needed with City Engineer Glienke to obtain the punch list items for completion. A follow up meeting with City Engineer Glienke will be scheduled. The new owner is Progress Land Company. Olson stated that he attended the meeting tonight to notify the council of the change in ownership. No action is being requested at this time. The Planning Commission will be contacted with pertinent project requests. John Stanebrook was present at the meeting with Mike Olson. Stanebrook will be the Project Manager for the Spring Meadows subdivision. Progress Land Company is the former employer of Mike Olson and has the financial backing to assume the project. Due to the downturn in the market, the subdivision needs to be taken care of by a larger development company. Mike Olson will be living in the development and will have input in completion of the development with Progress Land Company.. Mike Olson will maintain the property and be the caretaker of the development site. The council directed Olson and Stanebrook to attend a future meeting after conversing with City Engineer Glienke. The terms will be negotiated with the City Engineer. There will be similar terms with the new ownership. Acknowledgements/Recognition/Announcements Council Member Pam Henry-Neaton recognized Mark Karels for 15 years of service in the position of Fire Chief. Roger Karels will be taking over the position effective July 1, 2008. It was announced that the Waverly Daze Celebration takes place this weekend. Building Inspection Report-Rob Beckfeld Building Inspector Rob Beckfeld reported that there has been limited construction activity. Building activities may increase next spring. Activity has been limited to roof repairs and deck construction. Council Member Gary Olson asked about an unfinished home at 538 Frankfort Way that residents have been inquiring about. Beckfeld reported that Assured Financial is the owner of the abandoned home in the Carrigan Meadows subdivision. Council Member Olson has been advised that there are some residents that may be interested in purchasing the home. Beckfeld advised Olson that the home is not weather tight and will cause some of the construction work to be redone. The sheetrock had been installed and will need to be replaced. The interior finish work will need to be redone due to the home being open to the weather elements. The framing material will need to be inspected for its condition. Beckfeld will be involved with the monitoring of this unfinished home. MLS Report-Wanda Tussing/Mary Klingelhoets Manager Wanda Tussing and Bookkeeper Mary Klingelhoets were present at the meeting to review the budget overview report with the council. The monthly expenses listed on the report are included as a guideline for spending. The January-June 2008 figures on the report are not actual figures. Bookkeeper Mary Klingelhoets stated that the Municipal Liquor Store is breaking even as of June 30, 2008. Bond payment transfers are included in the report but not spent each month. Dram shop insurance and large expenses are included. The liquor store is doing well for this point in the budget year. Park Commission The Park Commission will not meet until July 23. Nathan and Kristine Solely will be advised to attend the July 23, 2008 Park Commission meeting to discuss the easement request through Waverly Terrace Park for access to their rear property. Planning Commission-Connie Holmes Planning Commission Connie Holmes reported that Bob Rossetor attended the Planning and Zoning meeting. Rossetor plans to purchase the property located at 1307 North Shore Drive and will need variances for the demolition and reconstruction of a garage located on the property. The new structure will be placed 16 feet from the edge of the road. The existing garage structure is located 8 feet from the edge of the road. A site review was conducted by Maintenance Supervisor John Rassat. Rassat determined that the side yard setback will be met but a front yard setback variation from the Waverly Zoning Ordinance is needed. Rossetor will attend the July Planning Commission meeting to finalize his application for a variance. A five year interim use permit was recommended to the council for approval for T-Mobile. The council approved the interim use permit as submitted pending City Attorney approval of the tower lease. The proposed Rental Property Ordinance was reviewed. A public informational meeting will be held at the July 17, 2008 Planning Commission meeting and it will be advertised on the electronic sign. This ordinance will be presented to council at the August 12, 2008 council meeting. Waverly Economic Development Authority Waverly Economic Development Authority President Connie Holmes was present at the meeting to give the monthly report. She reported that the community survey project is pending while the committee searches for a printing company to do the photocopying. The prize of one month's utilities is being limited to a maximum of $200. Holmes will work with Clerk Ryks to use the city's bulk mailing permit to mail the surveys. The EDA will join the Wright County Economic Development Partnership. The committee will assist the council with the Montrose-Waverly Chamber Expo display. The committee is interested in making a business directory for distribution at the community expo event. Businesses may summarize their services in the directory. This will assist in promoting the community. There is currently a membership vacancy on the Board. The committee members have discussed the possibility of allowing a Bank Officer to be eligible for membership. This would be limited to the designated bank of the City of Waverly. Currently only business owners and residents are eligible for membership in compliance with the Enabling Resolution. A Resolution calling for a Public Hearing to modify the the Enabling Resolution was presented for council approval. The Board Members discussed the benefit of having a bank officer on the Board since they have knowledge of potential Waverly business opportunities. Brian Matzke currently serves on the Montrose EDA and is interested in the Waverly EDA. The council discussed the matter of a potential conflict of interest of having the same individual serve on both the Montrose and Waverly EDA Boards. Citizens State Bank of Waverly owners are not interested in membership. The council discussed supporting the resolution to amend the membership requirement for the EDA but do not want the same individual serving on EDA Boards for both communities. Motion by Ken Antil, seconded by Ken Hausladen to adopt Resolution 08-07 Calling for a Public Hearing on August 12, 2008 at 7:15 p.m. Carried 5-0. Holmes invited the council to the July 28, 2008 EDA meeting as the Board plans to discuss goals/priorities for 2008-2009. They plan to discuss their budget submission for 2009. The type of activities that EDA plans to conduct will be discussed. Holmes summarized previous minutes/bylaws for distribution to EDA Members. The council is invited to participate in the discussion of goals for the EDA in the coming year. Council Member Henry-Neaton advised Holmes that previously the council held quarterly meetings with city committees to review goals. Council Member Gary Olson prefers to have EDA reserve balances transferred to the city to be used for projects. Minnesota Statutes and the Enabling Resolution address transfers of EDA reserves to the city. Clerk Ryks will check on the requirements and whether the funds can be transferred for general city use or if they need to be committed to debt service. Maintenance Report Maintenance Supervisor John Rassat reported that a sewer line agreement was prepared for presentation to Paul Greenhagen, 511 North Shore Drive. The agreement was established to cover future line breaks due to the close proximity of the home construction. The sewer line was not relocated because of the condition of clay soil. If the sewer line would break in the future, cost sharing would be agreed to for a 50/50 cost split. The agreement would be effective upon change in property ownership. The agreement will be recorded at Wright County to protect future property owners. The Agreement will be notarized. Council Member Gary Olson commented that a large portion of the blacktop has been removed. Maintenance Supervisor Rassat reported that the blacktop is part of the property, not a portion of the city street. This area will be restored with the new driveway installation. Motion by Pam Henry-Neaton, seconded by Gary Olson to approve the Sewer Line Agreement with the noted change to notarize and record the document at Wright County. Carried 5-0. Maintenance Supervisor John Rassat reported that he has conducted research on the installation of city crosswalks. If the city were to install crosswalks at intersections throughout the city that do not have a connecting sidewalk, each location would require 2 posts, 2 signs, and 2 gallons of paint. The estimated cost for each crosswalk installation would be $132 plus labor and shipping costs. The City currently has 24 crosswalks that need to be maintained and painted. If single crosswalks were installed throughout the entire city, the estimated cost would be $37,500 for 148 crosswalks. Mayor Ken Hausladen stated that the council previously approved two crosswalks at the intersections of Douglas/Waverland and Dresden Lane/Frankfort Way. There are no sidewalks connecting at these intersections. Maintenance Supervisor John Rassat stated that installation of these two crosswalks would open the city up to installing crosswalks throughout the city in all possible locations. Painting would be required every year. The council discussed recollection of the approval for the four way stop sign installation but not the crosswalk installation. Clerk Deb Ryks will pull the minutes for review by the council at the August meeting. Rassat asked the council for direction in proceeding with obtaining quotations on seal coat/crack seal on North Shore Drive as budgeted. Rassat informed the council that $60,000 was included in the 2008 budget for the North Shore Drive street maintenance project. Rassat is afraid that the delay of this project will hamper the city's progress. Clerk Ryks reported that the tax revenues are in. Rassat informed the council that at the minimum, the city needs to crack seal due to the condition or road. If this project is put off for one year, the cost will increase. The seal coat project was delayed from 2007 to 2008. Rassat reported that the road condition is not currently a hazard but it is deteriorating. Rassat will obtain updated pricing for next meeting. Pricing will be provided for the option of crack seal only and pricing for seal coat/crack seal. Weed elimination is taking place on non-compliant properties on CSAH 9 and North Shore Drive. The Woodland Shores subdivision has been non compliant with weed elimination notifications. Kubasch Excavating was hired for weed control. Weed clearance took place today. Trees are dying and the development is in the process of changing lenders. Lots had to be cleaned for debris as well to allow weed control maintenance. Permission is needed from land owners to clean up private property by property owners/volunteers. Developers are working on the process of eliminating weeds in the midst of financial problems. Weed clearance has been accomplished in the Windgate development. The newer areas of the city are looking better as far as long grass and weeds are concerned. It is a difficult, time consuming task to follow up on weed control issues. Barry Glienke-City Engineer's Report City Engineer Barry Glienke reported that a letter was forwarded to Rick Lentner, Kristall Development regarding the reinstatement of the letter of credit for the Carrigan Meadows subdivision. The deadline for submission of a current letter of credit was June 30, 2008. Allowing a letter of credit to expire is a violation of the development agreement. The council stated that no new building permits will be allowed until this matter is resolved. This issue will be sent to the City Attorney for review and a recommendation for the city's legal recourse. City Engineer Glienke reported that the Wetland Conservation Act requires a 5 year monitoring time frame on wetland restoration by developers. Spring Meadows/Summerfields/Windgate/Woodland Shores need to comply with wetland requirements. Lachermeiers have asked Bolton & Menk for a quotation for wetland monitoring in the Windgate development. Due to the fact that this is a private developer requesting the City Engineer to perform engineering services, Bolton & Menk is requesting the city's authorization. The council discussed that since the development work is complete and the work involves wetland monitoring for a developer that they are agreeable to Bolton & Menk contracting the work. Motion by Ken Hausladen, seconded by Pam Henry-Neaton to allow Bolton & Menk to monitor the wetlands in the Windgate development. Carried 5-0. Wright County Sheriff's Department There were no specific concerns brought forth for submission to the Sheriff's Department. A reduction of the summer hours in the law enforcement contract will be discussed later in the meeting. Minutes The minutes of the June 10, 2008 Regular Session were presented for approval. Motion by Ken Antil, seconded by Gary Olson to approve the June 10, 2008 Regular Session minutes as presented. Carried 5-0. The minutes of the June 24, 2008 Special Session were presented for approval. Motion by Deb Hausladen, seconded by Gary Olson to approve the June 24, 2008 Special Session minutes as presented. Carried 5-0. The minutes of the June 30, 2008 Special Session were presented for approval. Motion by Ken Antil, seconded by Deb Hausladen to approve the June 30, 2008 Special Session minutes. Carried 5-0. Council Member Pam Henry-Neaton commented that the discussion reflected in the minutes regarding the proposed use of the Village Hall by the School District for $1100 monthly rental fee is not firm but only proposed with the details to be determined. Accounts Payable The accounts payable was presented in the amount of $208,504.77. The accounts payable includes bond payments totaling $125,562.38. Motion by Ken Antil, seconded by Pam Henry-Neaton to approve the accounts payable in the amount of $208,504.77. Carried 5-0. Welcome Packet Report Deb Hausladen reported that 2 welcome packets were delivered last month. Administration Ordinance Amendment 08-03 Weed Management was presented for the council's consideration. This item was brought to the attention of Clerk Ryks and members of the council attending a Wright County Mayor's Association meeting on June 17, 2008. The City of Buffalo Administrator Merton Auger presented information on the aggressive weed policy in the City of Buffalo. He stated that 48 hours notice is given for vacated properties to clear long grass and weeds prior to the City of Buffalo assuming the project. Waverly's ordinance requires that written notices be sent by certified mail. Clerk Ryks prepared an ordinance amendment which deletes the certified mail requirement. The amendment also includes the correction in the definition section to reflect the 8 inch limitation rather than the 12 inch limitation which was previously amended. All other language was unchanged in the proposed amendment. City Ordinance states that a designated person shall submit a list of non-compliant properties to the council prior to weed destruction orders being issued. The council discussed eliminating the council requirement and allowing a designated city official to inspect properties and issue authorization for weed destruction notificiations. The 48 hour notice that the City of Buffalo uses was discussed. Maintenance Supervisor Rassat stated that the time frame would be difficult to manage. It was suggested that he keep a log and a record of the date that properties are tagged for weed elimination. Additional information will be provided on this item and will be referred to a work session. Clerk Ryks will prepare the revised amendment for the council's consideration at the August 12, 2008 council meeting. Resolution 08-07-1-Detachment Randall and DeAnn Rasset submitted a Petition for Detachment of property that was incorrectly annexed into the city. Woodland Township prepared a Resolution for the city to approve and sign for submission to the State of Minnesota in this proceeding. Motion by Ken Hausladen, seconded by Pam Henry-Neaton to adopt Resolution 08-07-1 for the detachment of property owned by Randall and DeAnn Rasset. Carried 5-0. Waverly Daze Events A listing of the Waverly Daze events and the sponsoring organizations was submitted to the council. Motion by Pam Henry-Neaton, seconded by Ken Antil to approve the Waverly Daze events as listed. Carried 5-0. Waverly Daze Parade Council Member Pam Henry-Neaton participate in the Waverly Daze Parade by riding in the city truck. Other council members were unavailable to participate. It was decided that candy would be purchased and thrown from the city truck. Church of St. Mary-Liquor License Application The Church of St. Mary submitted an application for a temporary liquor license for September 6, 2008 in conjunction with the Fall Festival. Motion by Gary Olson, seconded by Ken Hausladen to approve the temporary liquor license for the Church of St. Mary for September 6, 2008. Carried 5-0. Work Session The council scheduled a work session for Thursday, August 7, 2008 at 6:30 p.m.to discuss the following items: MLS Check Acceptance Policy Burnsville Financial Management Policy Falcon Heights Investment Policy August 12, 2008 Council Meeting Agenda Review Lazy J Sales Parking Lot It was noted that Lazy J Sales is installing a concrete parking lot today. This item was discussed last month due to the time deadline of June 30, 2008 for the parking lot installation. Personnel Meetings A personnel meeting was scheduled for the city council on Monday, July 14, 2008 at 6:00 p.m. There will be a portion of the meeting closed and a portion of the meeting open to the public. The council will conduct scoring of the employee performance evaluation forms at this meeting as well as discussion of a personnel/council issue. After conclusion of the July 14, 2008 meeting, a meeting will be scheduled with city employees for annual performance reviews. Police Protection Contract Hours Council Member Ken Antil reported that the Wright County Sheriff's Department has a staff shortage and has inquired about reducing the summer law enforcement contract hours to four hours per day rather than six hours per day. Currently the city is under a two year law enforcement contract for 2008-2009. The hours are increased from four hours per day to six hours per day during the months of May through August. There will be a cost savings to the city to amend the contracted summer hours. In emergencies there are deputies working in the area to provide necessary services. Motion by Ken Antil, seconded by Pam Henry-Neaton to ask the Clerk to approach the Sheriff's office and request to reduce summer law enforcement contract hours to four hours per day. Carried 5-0. Adjournment Motion by Ken Hausladen, seconded by Gary Olson to adjourn the meeting at 9:10 p.m. Carried 5-0. _________________________ _______________________ Deborah Ryks, Clerk Ken Hausladen, Mayor

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