City of Waverly Minutes

July 12, 2005 Regular Session Pursuant to notice and call the Waverly City Council met in regular session at 7:00 p.m. on Tuesday, July 12, 2005 in the council chambers of Waverly City Hall. Those in attendance were Mayor Bush, Clerk Ryks, and Council Members: Hausladen, Antil, and Henry-Neaton. Council Member Olson was absent. Agenda The following items were revised on the agenda: Time Warner-Assignment to Comcast was moved from 19-e to 3-a., item 5-a Mike Stevens was added to the agenda, and three payment requests were added to the Engineer‚s Report. Two items were added including New Business-National Night Out, and Schedule Quarterly Committee Meeting under Administration. The agenda was approved as amended by consensus of the council. Comcast/Time Warner Kathi Donnelly, Comcast and Lance Leupold, Time Warner were present at the meeting to discuss the transfer to Comcast. Donnelly informed the council that she is unable to discuss details prior to completion of the transfer but Comcast will comply with all franchise regulations in Waverly. Resolution 05-07 was presented for acceptance of the assignment of the cable franchise from Time Warner to Comcast. Motion by Henry-Neaton, seconded by Antil to adopt Resolution 05-07 accepting the cable franchise transfer from Time Warner to Comcast. Carried 4-0. Final Plat-Woodland Shores 2nd Addition Garry Rudy, Creative Real Estate and Development Corporation was present at the meeting to discuss consideration of the final plat for Woodland Shores 2nd Addition. Rudy informed the council that 8 lots were deleted from the plat as well as elimination of the cottage homes. The revised total lots on the plat is 85. City Engineer Glienke has recommended approval of the final plat contingent upon engineering approvals. Motion by Antil, seconded by Hausladen to accept the final plat for Woodland Shores 2nd Addition. Carried 4-0. Windgate at Carrigan Lake Final Plat (Lachermeier Farms) Engineer Glienke reported that the wetland permit is pending. A technical evaluation panel meeting is scheduled on July 15 with anticipated wetland permit approval for the development. Adrian Duske inquired about the elimination of weeds on the property. Duske was informed that this matter would be taken care of. Motion by Henry-Neaton, seconded by Antil to accept the final plat for Windgate at Carrigan Lake pending wetland mitigation approval and final engineering review. Carried 4-0. Requests from the Public Troy and Kerry Gille, 412 Lake Avenue were present at the meeting to discuss flood damage they received to their property approximately one month ago. The Gilles have asserted that the damages were incurred as a result of the grading conditions along the construction project on 5th Street. Their sump pump was blocked with construction debris preventing the operation of the sump pump. Their daycare business has been affected due to the damages in the basement. Mayor Bush explained that this matter is being considered by the contractor‚s insurance companies and the city cannot become involved. Troy Gille was informed that the contractor‚s insurance company is declining liability due to the location of storm drain pipes. The Gilles informed the council that the contractor did not install silt fencing to prevent the flooding incident. Engineer Glienke reported that he was in contact with the contractor‚s insurance adjuster and was told that the claim was being investigated. Since it has been approximately 30 days from the incident, Troy Gille requested that the city address a letter to contractor and their insurance company to expedite the claim processing on behalf of Troy and Kerry Gille. Motion by Henry-Neaton, seconded by Hausladen that a letter be sent to Kramer Excavating and to their insurance company that it was brought to the council‚s attention by the Gilles that progress is not being made on the insurance claim. Carried 4-0. Jim Walter, Uptown Bar and Grill LLC was also present at the meeting to address the council regarding his dissatisfaction with the progress of 5th Street construction. He stated that he was unhappy with Engineer Glienke‚s prior assurance of accessibility on 5th Street during construction. He also stated that his telephone calls to Barry Glienke were not returned. Walter said that his estimate of business loss during CSAH 9 construction last year was $14,000. Mayor Bush pointed out that the improvements being made on 5th Street are not being assessed to property owners. He also explained that the rainy weather delayed the construction schedule. The completion date in the contract is August 31, 2005 for the first layer of pavement. The wear course of pavement will be done in 2006. Walter asked about action that can be taken if the contractor does not comply with the contracted completion date. Walter was informed that the city has a penalty clause and liquidated damages included in the contract. Waverly Industrial Park Mike Stevens and Scott Lapham were present at the meeting to discuss the Waverly Industrial Park development. The final plat required a revision to show a utility easement for the sewer forcemain located on the northwest portion of property. In order to complete the final plat, the easement needs to be described. Otto Associates is working on the easement revision at the current time. Lapham informed the council that a draft development agreement was recently given to him. He has a problem with the agreement and refuses to sign it. The reason for the disapproval of the development agreement provided by the city is that it is geared to residential developments and not industrial developments. The developer objects to the sidewalk installation that is being requested as part of the industrial development. Mayor Bush asked Lapham what items specifically are objectionable. Lapham did not elaborate on the specific items that did not meet with the developer‚s approval. Mayor Bush stated that the city needs a development agreement but items are negotiable. Engineer Glienke advised Lapham that the form presented to him is a draft format that may be revised to fit the specific development. Mike Stevens stated that he needs additional costs of the development specified so that lot prices can be established. He stated that he is not experienced in the development business and was not aware of some of the requirements of the city. Stevens also stated that the businesses that purchase acreage in the industrial park will be a benefit to the city. Mayor Bush asked that Scott Lapham and Mike Stevens schedule a meeting with City Engineer Glienke to go over the items in the proposed development agreement. Bush reminded Lapham that the city cannot make exceptions that are not made for other developers but may negotiate on specific items as needed. The meeting should be scheduled within a few days. If council members are notified, they will plan to attend the meeting as well. Clayton Freeburg Clayton Freeburg was present at the meeting to complain about the police tagging his vehicles parked outside of his storage building on Pacific Avenue. He explained that the vehicles are operational and only remain parked for a few hours at a time. He also has received tickets for unlicensed vehicles. The council explained that the vehicles are required to be licensed if they are parked outside of the building and this is a Minnesota state law. The vehicles must also be operational or they are considered abandoned vehicles. Clerk Ryks stated that some complaints have been received about Freeburg‚s vehicles blocking the alley on 2nd Street. Freeburg stated that he does not block the alley with vehicles. The council suggested that Freeburg make sure that vehicles are operational and currently licensed to prevent tickets being issued by law enforcement personnel. Waverly Fire Department, Inc. A joint meeting between the members of Waverly Fire Department, Inc. and the council members will be held on July 25, 2005 at 7:00 p.m. This meeting is to discuss options for rental of the current facility and to work on an agreement. Minutes The minutes of the June 10, 2005 Work Session were presented for approval. Motion by Antil, seconded by Hausladen to approve the June 10, 2005 Work Session minutes as presented. Carried 4-0. The minutes of the June 13, 2005 Special Session with Waverly Fire Department, Inc. were presented for approval. Motion by Henry-Neaton, seconded by Antil to approve the minutes of the June 13, 2005 Special Session with Waverly Fire Department, Inc. as presented. Carried 4-0. The minutes of the June 14, 2005 Regular Session were presented for approval. Motion by Hausladen, seconded by Antil to approve the June 14, 2005 Regular Session minutes as presented. Carried 4-0. The minutes of the June 20, 2005 Special Session were presented for approval. Motion by Henry-Neaton, seconded by Bush to approve the minutes of the June 20, 2005 Special Session as presented. Carried 4-0. Accounts Payable The accounts payable was presented in the amount of $268,268.19. Motion by Antil, seconded by Hausladen to approve the accounts payable in the amount of $268,268.19. Carried 4-0. Maintenance Report Maintenance Supervisor Rassat reported that quotations were received for street patching throughout the city. The 2005 budget included $56,000 for street patching repair. The quotation from Mid Minnesota Hot Mix was $42,180. The quotation received from Buffalo Bituminous was $32,715. The patching project includes the following Streets: Lakeview Drive, S. 3rd Street, and Terrace Boulevard and Wilson Street. Rassat recommended that the council authorize the work by Buffalo Bituminous and the work will be scheduled in August. Motion by Hausladen, seconded by Henry-Neaton to approve the quotation from Buffalo Bituminous for street repairs. Carried 4-0. Rassat reported that there is an older model freezer in the Village Hall and the owner is unknown. Rassat will check with the Waverly Lions. It is thought that the freezer belongs to David Rice and was brought in for the Fish Fry last spring. It was noted that organizations should seek permission prior to bringing in equipment to a city facility. Rassat reported that the compost rehabilitation project at the wastewater treatment plant site should be completed by August 15. Parks Superintendent Jim Woitalla reported that the beach expansion at Legion Park is done and the trail was installed in the Carrigan Estates Park yesterday. There was damage to the park building from Chopper‚s trailer. The maintenance department will repair and send an invoice to Chopper for reimbursement. The council discussed the prohibition of camping at Legion Park during Waverly Daze as camping is not allowed by the general public at any other time during the summer season. It was decided that this matter would be discussed at a future meeting when damages caused by campers during Waverly Daze this year is ascertained. Kent Houston, Citizens State Bank of Waverly informed Woitalla that the bank will host a neighborhood event in the Summerfields development. They will utilize a portion of the park land and set up a tent and provide a meal to participants. The event is sponsored by the bank so that neighbors may get to know each other and receive community information. Barry Glienke-City Engineer‚s Report City Engineer Barry Glienke was present at the meeting to give the monthly city engineer‚s report. Glienke presented a Letter of Credit Reduction of $50,000 for the grading at Woodland Shores. The work is completed and this will reduce the letter of credit by 100 percent..This letter of credit was done in the interim prior to a development agreement for Woodland Shores. This action would close the letter of credit for grading with Creative Real Estate and Development Corporation. Motion by Bush, seconded by Antil. to completely reduce the letter of credit for Woodland Shores grading as proposed by the City Engineer. Carried 4-0. The letter of credit for Woodland Shores Phase One is proposed for reduction by 85%. City Engineer Glienke has recommended a reduction of 50% since the developer has completed 50% of the project. This would leave $991,900 on the letter of credit for the project. Motion by Antil, seconded by Hausladen to reduce the letter of credit by 50% on Woodland Shores Phase One. Carried 4-0. The bids were opened for the East Carrigan Lake Utility Extension project. The low bidder was Kuechle Underground in the amount of $642,202. City Engineer Glienke has reviewed and tabulated the bid results and recommends that the council award the bid to Kuechle Underground in the amount of $642,202. Motion by Antil, seconded by Hausladen to award the bid to Kuechle Underground in the amount of $642,202 for the East Carrigan Lake Utility Extension project. Carried 4-0. Engineer Glienke presented payment request #2 from Randy Kramer Excavating in the amount of $170,713.57 for the 5th/7th Street improvement project. Motion by Henry-Neaton, seconded by Hausladen to authorize payment to Randy Kramer Excavating in the amount of $170,713.57. Carried 4-0. Engineer Glienke presented payment request #8 and Change Order #2 from Randy Kramer Excavating in the amount of $16,594.16 for the CSAH 9 project. Motion by Bush, seconded by Henry-Neaton to authorize payment to Randy Kramer Excavating in the amount of $16,594.16 for the CSAH 9 Project. Carried 4-0. Engineer Glienke presented payment request #9 from Maguire iron in the amount of $49,549 for the water tower construction project. Motion by Antil, seconded by Hausladen to authorize payment to Maguire Iron in the amount of $49,549 for the water tower construction project. Carried 4-0. There will be $5,000 outstanding on the project after this payment. An August 1, 2005 projected completion date was given for the 5th/7th Street Improvement Project. The seeding was done along the Franklin Avenue/1st Street S. project today. The sod/seeding work has been completed along CSAH 9. Council Member Henry-Neaton asked about the installation of a Truck Route sign at the intersection of CSAH 9/3rd Street. Glienke recommended that the city wait on this until the signing is done along the project. The city could add the sign after the rest of the signage is done. Glienke reported that Arcon Construction is installing class 5 at the current time and the access to CSAH 8 should be completed by mid August. Planning Commission Report Planning and Zoning Liaison Duske reported that the owners of the property located at 902 Pacific Avenue are interested in constructing an addition to the rental units. They also informed the Commissioners that they may be interested in hooking up to sanitary sewer in the future. The Planning Commissioners suggested that they compile additional information and present a property survey prior to consideration of the proposed addition. Wright County Commissioner Jack Russek was present at the Planning Commission meeting. An inquiry was made by the Commissioners regarding the possibility of a bicycle trail being located along CSAH 8 and CSAH 9 in conjunction with future upgrading projects. Russek will check with the Wright County Highway Department and Parks Department for information on future planning for a trail system. An inquiry was made on behalf of RC Grading regarding the temporary use of an existing storage building in the Waverly Industrial park. RC Grading plans to purchase acreage in the industrial area to construct a new facility. In the interim, he is interested in utilizing the existing building for storage purposes. He was referred to the Building Inspector and was informed that this would be a conditional use that would expire upon occupation in the new facility. Duske reported that the Planning Commissioners are interested in utilizing a new city staff person to act as their recording secretary. They asked for consideration during the budgeting process for 2006 regarding this matter. EDA-Bob Winters Bob Winters reported that Scott Lapham appeared at their meeting to discuss the Stevens Development. Lapham was referred to the council and planning commission for his questions. Park Commission Jim Woitalla reported that sidewalks are being installed in Carrigan Meadows to connect 4th Street instead of a bituminous trail system. This plan was worked out with Project Manager Rick Packer and Engineer Glienke. A park projects plan was developed. The plan will be presented to the Park Commissioners so that they may discuss the procedure desired to handle the financial shortfalls for park development. Council Member Henry-Neaton recognized Parks Superintendent Woitalla and Clerk Ryks for compiling the park projects plan. Community Liaison Community Liaison Henry-Neaton reported that she had completed all visits. There are now additional new residents to schedule welcome visits with. Administration The Summary of the Closed Sessions on June 20, 2005, June 23, 2005, and June 29, 2005 were read aloud by Mayor Bush. The Personnel Committee presented their wage recommendation for 2005. Motion by Antil, seconded by Hausladen to adopt the recommendation as presented. Carried 4-0. A Joint Committee meeting was scheduled for August 17, 2005 at 7:00 p.m. MLS Report-June 2005 Motion by Hausladen, seconded by Antil to approve the June 2005 Municipal Liquor Store report. Carried 4-0. It was noted that sales are up by $90,000 compared to one year ago. Neighborhood Watch Kick Off Meeting A kick off event for the Neighborhood Watch program will be held concurrently with the National Night Out of August 2, 2005. The event will be held in Railroad Park from 7-8pm. Flyers will be distributed throughout the new residential developments. Acknowledgements/Recognition Council Member Henry-Neaton acknowledged all of those involved in the Waverly Daze celebration, Waverly Queen Jeanne Sawatzke, and Princess Courtney Nibbe, Pete Chmeielwski for Volunteer of the Year, and recognition was given to Maintenance Supervisor Rassat for the letter of commendation received from the Minnesota Pollution Control Agency awhile ago regarding the closing of the Waverly Wastewater Treatment facility. Adjournment Motion by Bush, seconded by Henry-Neaton to adjourn the meeting at 8:35 p.m. Carried 4-0. ________________________ ___________________________ Deborah Ryks, Clerk Charles Bush, Mayor

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