City of Waverly Minutes

July 13, 2004 Regular Session Pursuant to notice and call the Waverly City Council met in regular sessionat 7:30 p.m. on Tuesday, July 13, 2004 in the council chambers of WaverlyCity Hall. Those in attendance were Mayor Bush, Clerk Ryks, and CouncilMembers Hausladen, Antil, Henry-Neaton, and Olson. Agenda The following items were added to the agenda: City Attorney‚sReport-Summerfields Park update, City Engineer‚s Report-Crosswalks-Hwy 12,New Business-Neighborhood Watch, Joint Meeting w/ Committees, PersonnelCommittee-Job Desription Review. The agenda was approved by consensus of the council with the above statedadditions. Keith Decker-509 Elm Avenue Keith Decker, 509 Elm Avenue was present at the meeting to address thecouncil with a request to encroach on city property by 2 feet due to theinstallation of a retaining wall. The council agreed to allow theencroachment with the understanding that the two feet will not betransferred with the property. Motion by Hausladen, seconded by Antil to approve the request forencroachment. Carried 5-0. Requests from the Public Patty Campbell was present at the meeting to request that a councilrepresentative is appointed to be involved with planning a reception forTiffany Ogle. The reception is to recognize Ogle for her Miss Minnesotatitle. Campbell also asked for monetary support from the city for thereception. City Attorney Rhonda Pagel stated that public purpose would notbe fulfilled and the state would not consider this a legal expenditure. Thecity would allow the Village Hall for the event location and waive therental cost since the event is considered non-profit. Ken Antil will serveas the council representative on the planning committee. The electronicsign can be used to advertise the event. Council Member Henry-Neaton informed Campbell that the City offices wereleft open by the royalty committee on Sunday, July 11, 2004. The committeewill need to make sure the offices are locked following the parade duringWaverly Daze. Annexation Proposal-Ralph Douglas Ralph Douglas is proposing to annex 51 acres of land located south ofSummerfields on the west side of CSAH 8. Douglas attended the WoodlandTownship Board meeting to discuss the annexation in accordance with theorderly annexation agreement with the City of Waverly. The orderlyannexation agreement between the City of Waverly and Woodland Township hasbeen filed with Minnesota Planning. The city has not received receipt ofthe official action of Minnesota Planning. A letter from Minnesota Planningshould be received by the August 10, 2004 council meeting. Douglas statedthat a builder is proposing to purchase the land for residentialdevelopment. Woodland township expressed concern about the drainage due toa tile system running through the property. Douglas advised the townshipthat culverts and drainage systems exist in the area. The drainage will beaccomplished through the storm water ponds in the Summerfields development.A Joint Resolution for Orderly Annexation will be acted upon in August oncethe orderly annexation agreement is approved by Minnesota Planning. Planning Commissioner Duske asked about Statutory authorization to annexproperty that is surrounded by the city limits. Another property may besurrounded once the proposed annexation is completed. City Attorney Pagelstated that the city does not have to annex property that is completelysurrounded by the city limits but may decide to initiate annexationproceedings for orderly development of the city. It was determined that theproperty in question will not be completely surrounded. Pagel advised thecouncil that dependent upon city ordinance, some communities will need to doa rezoning of annexed property and some ordinances state that theagricultural land is zoned as the property adjacent to it upon annexation. City Attorney‚s Report-Rhonda Pagel City Attorney Rhonda Pagel was present at the meeting to give an update onher research regarding park dedication laws and the Summerfields parkdispute. Pagel stated that she made contact with the League of MinnesotaCities and is still waiting for additional information. She also madecontact with an attorney who has been involved in previous cases withsimilar disputes in other communities with Peter Coyle, Larkin & Hoffman whorepresents Backes Companies. Pagel reported that Watertown‚s ordinance wasformulated after a study was completed regarding park replacement inrelation to population. A new law will take effect on August 1 regardingpark development that dedication fees have to be connected to impact. Also,cash taken in lieu of land cannot be used for ongoing park maintenance. Pagel is not recommending that the city adopt a building permit fee forpark improvements. Cities are limited to the types of fees that areimposed. She believes that at some point, the building permit fee would bechallenged and that the city may be required to return all revenue collectedin this procedure. The City of Eagan was involved in a lawsuit in which theSupreme Court declared that the city does not have authority to chargedevelopment impact fees. Eagan had adopted a street access charge and hadto refund fees that it had collected. A 10% land dedication has been found to be reasonable. Statutes authorizesewer access charges and water access charges but do not authorize parkdevelopment fees. The city is allowed to require a dedication with acombination of cash and land that does not exceed the 10% dedication.Otherwise the city is required to accept cash or land for park dedication.Other cities charge park development fees but most often developers willconsider a challenge based on the amount of the fee. The higher the fee,the more likely of a challenge. The city could negotiate a fee in adevelopment agreement but not require additional fees by ordinance. An adequate public facilities ordinance could be used regarding roads,water, sewer, parks, infrastructure. The city would budget and includeinfrastructure in a capital improvement plan for a specific year. Adevelopment may be put on hold until the year the improvement is scheduled . Developers may want to proceed and may negotiate to provide financialassistance for the improvement. Watertown‚s ordinance addresses parks intheir adequate facilities ordinance. Other cities do not address parks. Itis unclear as to what can be required as adequate park facilities. The cityhas a park development estimate that exceeds the park development fees beingheld in escrow. The council would like to schedule a special meeting todiscuss this issue with Dennis Backes, his attorney, Peter Coyle, and CityAttorney Rhonda Pagel to attempt to arrive at a settlement agreement. Thecity may want to negotiate with the developer to resolve this issue andpossibly enter into an agreement to charge park development fees on buildingpermits so that the Summerfields park can be developed. A tentativemeeting date was set for July 21 at 7pm . Pagel will draft a letter toDennis Backes and his attorney Peter Coyle to attend the meeting. John Woitalla John Woitalla, 114 S. 6th Street was present at the meeting to address thecouncil regarding the development construction near his home. He has madetelephone calls to the Wright County Sheriff‚s office regarding a violationin the designated work hours in the Waverly Noise Ordinance and equipmentrunning at 12:30 am. City Engineer Glienke will send a letter to Rick Packer, Arcon Developmentin regarding this issue. Woitalla also stated that the berm on the propertycontains noxious weeds and is causing skunks and other animals to be presenton his property. Glienke will send a letter regarding the weed removal toRick Packer as well. The City Clerk will follow up by sending a weeddestruction notice to Arcon Development. City Engineer‚s Report Barry Glienke, Bolton & Menk was present at the meeting to give the CityEngineer‚s report. The bids were opened for the CSAH 9 reconstructionproject on July 8. Glienke submitted a reommendation letter for the bidaward to Randy Kremer Excavating in the amount of $907,463.79. Motion by Olson, seconded by Antil to award the bid for the CSAH 9 projectto Rand Kremer Excavating in the amount of $907,463.79. Carried 5-0. The contractor will plan to begin the work by the second week in August. Glienke submitted a letter of recommendation to the council for approval ofthe final construction plans for Carrigan Meadows 3rd Addition. Motion by Olson, seconded by Henry-Neaton to approve the final constructionplans for Carrigan Meadows 3rd Addition based upon the city engineer‚sapproval. Carried 5-0. The preliminary plat has been submitted for the Woodland Shoresdevelopment. The Planning Commission held a public hearing on June 17,2004. The plat has been tied in with the Lachermeier‚s plans fordevelopment. City Engineer Barry Glienke met with the Lachermeiers andCreative Development and the parties agreed to a joint road plan to connectWoodland Shores to highway 12. Creative development submitted a writtenestimate for pricing for the single family detached villas of$170,000-$200,000. The single family homes excluding the lake lots will bepriced in the range of $175,000-300,000. The Carrigan Lake single familyhomes will be priced in the range of $200,000-500,000. Preliminary grading is planned for this year. The development constructionis planned for 2005 when the new water tower, and updated infrastructure ison line. City Engineer Glienke informed the council that the declaration onthe environmental assessment worksheet will be needed in August. ThePlanning Commission has submitted a recommendation to the council forapproval of the plat as the Park Commission has approved the park dedicationplan. City Attorney Pagel recommended that a contingency be added to theplat approval as to the availability of water and sewer as well as thePlanning Commission and City Engineer‚s stipulations. Motion by Hausladen, seconded by Antil to approve the preliminary plat withthe stipulations for approval as written by the Planning Commission and CityEngineer and the contingency that water and sewer is available. Carried5-0. City Engineer Glienke asked for council approve to submit a permit to theMinnesota Department of Transportation regarding updating the crosswalks onHighway 12 for the 4th and 8th Street crosswalks. It was decided that thecouncil will consider a crosswalk designation at 1st Street in the futuredue to the future location of an ice cream establishment on the north sideof highway 12. Motion by Hausladen, seconded by Antil to pursue bidding crosswalk hardwarefor 4th Street and 8th Street. Carried 5-0. Permitting is necessary through the state and then quotes can be obtainedby Barry Glienke. Pfeifer Construction submitted a quotation of $15,935 for installation of adelivery drive and expansion of the parking lot on the north side of theMunicipal Liquor Store. Motion by Antil, seconded by Hausladen to accept the quotation from PfeiferConstruction in the amount of $15,935 for excavation and bituminous work forparking lot expansion and installation of a delivery drive with a time linefor completion by September 1, 2004. Carried 5-0. Glienke is still waiting for the cost estimate from Maguire Iron forpainting the Waverly logo design on the water tower. Minutes The minutes of the June 3, 2004 council work session were presented forapproval. Motion by Hausladen, seconded by Antil to approve the June 3, 2004 worksession minutes as presented. Carried 5-0. The minutes of the June 8, 2004 regular session were presented forapproval. Motion by Hausladen, seconded by Henry-Neaton to approve the June 8, 2004regular session minutes as presented. Carried 5-0. The minutes of the June 10, 2004 special session were presented forapproval. Motion by Hausladen, seconded by Henry-Neaton to approve the June10, 2004 special session minutes as presented. Carried 5-0. The minutes of the June 18, 2004 special session were presented forapproval. Motion by Hausladen, seconded by Henry-Neaton to approve the June 18, 2004special session minutes as presented. Carried 5-0. Accounts Payable Motion by Hausladen, seconded by Henry-Neaton to approve the accountspayable in the amount of $280,886.55. Carried 5-0. Maintenance Report Maintenance Supervisor Rassat reported that a security fence needs to beinstalled for the lift station on highway 12. Rassat reported that thefence may be installed by maintenance staff due to an estimated cost of$9,000. The fencing will be necessary but the maintenance staff would liketo consider alternatives due to a high estimate from D Fence who was thefence installer for the lift station in Carrigan Meadows. The steel work is progressing at the water tower site. Workers forMaguire Iron are camping at the wastewater treatment plant since they willbe on the job site for 10 weeks. Rassat informed the council that he met with a representative from theMinnesota Pollution Control Agency regarding the shut down of the wastewatertreatment plant. The closing of the plant has been approved. The councilwill receive a letter regarding the termination of the city‚s current NPDESpermit through the Minnesota Pollution Control Agency. The city will havethe option of demolishing the building or retaining it for cold storagepurposes. The city‚s sludge sites will be retained in case of a futureneed for sludge disposal. Rassat asked for authorization to order five E1 pumps for the cost of$7,500. The funds were included in the 2004 budget. Motion by Antil, seconded by Hausladen to authorize the purchase of five E1pumps as requested. Carried 5-0. Rassat informed the council that development in Summerfields 3rd Additioncaused a sewer back up due to a manhole being left open. 325,000 gallonsdrained into the sanitary sewer system. The main lift station is ejecting a negative odor. The maintenancedepartment previously tried aerators and scented bags to resolve the problembut neither option has eliminated the odor. Degreasers and scented pelletshave been tried unsuccessfully. The maintenance staff has made fourseparate attempts to eliminate the odor. The problem is being caused byseptic sewage sitting in the sewer lines around the lake and by the time itreaches the main lift station, it releases a gas smell. City EngineerGlienke will research the installation of a chemical feed to the main liftstation. Glienke will obtain pricing information and submit it to thecouncil. Parks Superintendent Woitalla reported that he obtained pricing for theinstallation of electrical service and lighting for the flag in RailroadPark. An electrical line would need to be run across CSAH 9 in conjunctionwith the reconstruction project. A price of $2654 was submitted by CRElectric and a price of $1,097 was submitted by Diers Electric. Woitalla stated that the flag lighting would cost approximately $30 permonth for electricity. The council discussed extending electrical power across CSAH 9 to theRailroad Park without the installation of lighting. Flags on other cityproperty such as the Village Hall are not currently lighted. Council Member Olson suggested that the city consider utilizing theelectrical service from the curfew siren on the east side of the RailroadPark. Motion by Antil, seconded by Henry-Neaton to hire Diers Electric to runpower across CSAH 9 but to not install lighting for the flag at the currenttime. Carried 4-1. Opposed Olson. Woitalla reported that there has been more vandalism experienced in LegionPark including damage to the toilet and the tennis court net. The WaverlyPark Commission suggested that the city pursue the installation of asecurity camera in the park to reduce vandalism. The council discussed thepossibility of vandals destroying the cameras and suggested that the WrightCounty deputies be instructed to increase patrolling in the park to keepvandalism occurrences down. Planning Commission Report Planning and Zoning Liaison Adrian Duske was present at the meeting to givethe Planning and Zoning report. Duske reported that the Planning Commissioners met with Brad Paumenregarding the submission of a preliminary plat for a mixed industrial/multifamily residential development plan for his property located along EmersonAvenue, south of highway 12, west of Summerfields. Paumen is required toattend a Park Commission meeting prior to the scheduling of a public hearingand Planning Commission recommendation to obtain a verification on cash/landdedication for the residential portion of the proposed development. Carmen Fesenmaier attended a Planning Commission meeting to discuss theplacement of a modular home on her property at 205 Pacific Avenue. The newhome would replace the garage and existing residence on the property. ThePlanning Commissioners informed Fesenmaier that after the new home iscompleted, the existing buildings will need to be demolished within 45-90days. A public hearing has been scheduled for August 5, 2004 to consider avariance application submitted by Ken Hausladen for the property located at1110 Lakeview Drive to construct an accessory building in the front yard. A public hearing was scheduled to consider a variance application submittedby Mark Karels, Mark‚s Service for the installation of a new Conoco signthat will exceed the existing height regulations. The Planning Commissionmay consider revising the sign ordinance to be more specific. Economic Development Authority The board members asked that Clerk Ryks provide them with the anticipatedlevy amount to be received in 2005 so they can project their revenue for2005. The board will need additional finances in order to consideracquisitions of property. Park Commission The Waverly Park Commission heard from interested persons for potentialmembership. Interviews have been scheduled for July 14 with threeparties. The council invited Park Commissioners and Planning Commissioners to attendthe special meeting scheduled for July 21, 2004 to discuss the Summerfieldspark dispute. Community Liaison Pam Henry-Neaton reported that she has completed 22 welcome visits andwould like to complete 35 additional visits by the end of July. Summaries of Closed Sessions Mayor Bush read aloud the summaries of the closed meetings held on June 10,June 15, June 25, and two sessions on June 28, 2004. Motion by Henry-Neaton, seconded by Hausladen to approve the June 10, 2004Summary of Closed Session. Carried 5-0. Motion by Hausladen, seconded by Antil to approve the June 15, 2004 Summaryof Closed Session. Carried 5-0. Motion by Hausladen, seconded by Antil to approve the June 25, 2004 Summaryof Closed Session. Carried 5-0. Motion by Hausladen, seconded by Henry-Neaton to approve the June 28, 2004Summary of Closed Session. Carried 5-0. Motion by Hausladen, seconded by Henry-Neaton to approve the June 28, 2004Summary of Closed Session. Carried 5-0. Personnel Committee Recommendation The Personnel Committee formulated a recommendation for city employee wageincreases. The recommendation includes an effective date of July 1, 2004and the option for employees to take the increases as hourly rate or applythe monthly amount toward insurance benefits. Motion by Hausladen, seconded by Olson to approve the recommendation of thePersonnel Committee as presented. Carried 5-0. (The recommendation isincorporated into the minutes on attachment #1) Carrigan Meadows 3rd Addition Rick Packer, Arcon Development is unavailable tonight. The agreement is similar to the agreement for the 2nd Addition with anincrease in the trunk area fees and the addition of a storm sewer trunk fee. This item was tabled until August 10, 2004 when Rick Packer will beavailable to attend the meeting to answer questions. Ordinance 04-02 Park Commission Ordinance No. 04-02 was presented to the council which amends the currentordinance relating to attendance requirements. The language in theamendment was used from the current Planning Commission ordinance. Discussion followed regarding the 75% attendance requirement which does notspecify the time frame. A change was suggested to include meetingattendance at the 75% level based on the calendar year. Motion by Antil, seconded by Henry-Neaton to adopt Ordinance No. 04-02with the specification of the basis for meeting attendance per calendaryear. Carried 5-0. MLS Report Motion by Hausladen, seconded by Antil to adopt the June 2004 MunicipalLiquor Store Report. Carried 5-0. The Council would like a detail report of monthly sales figures andcomparisons. Purchase Authorization Motion by Hausladen, seconded by Henry-Neaton to approve a $1,000 monthlypurchase authorization for all city employees and liquor store managers.Carried 5-0. Neighborhood Watch Sheriff Miller provided information to the council regarding theimplementation of a neighborhood watch program. Citizens State Bank ofWaverly has offered to make a financial donation toward a neighborhood watchprogram. A town meeting would need to be scheduled for the Sheriff toexplain the program and citizens would break into block groups. Acommittee was formed with the following members: Ken Antil, PamHenry-Neaton, and Adrian Duske. Clerk Ryks will put a notice on theelectronic sign that planning committee members are desired to plan aneighborhood watch program. Joint Meeting A quarterly joint meeting should be scheduled for August that all cityCommittees would attend. Independent School District 2687 representativeswill be included in the meeting. The joint session was scheduled for August18, 2004 at 7:00 p.m. Personnel Committee The personnel committee will meet on August 12 to review job descriptionswith city office and maintenance employees at 4:00 pm and liquor storeemployees at 7:00 pm. Joint Meeting w/ Planning Commission The council will plan to attend the Planning Commission Work Session onAugust 19, 2004 at 7:30 p.m. to meet with Dick Sawatzke and Howard Boeverregarding options for the financing of the extension of water and sewer toCSAH 8/North Shore Drive. Acknowledgements Council Member Henry-Neaton recognized all committees, volunteers involvedin Waverly Daze and the city maintenance staff for keeping up the park, JoshBerg, Waverly resident who is currently on military duty in Iraq, and newroyalty ambassadors: Sarah Jacobson and Blaire Sawatzke. Mayor Bushcommended Pam Henry-Neaton for her work with the newly formed welcomeprogram. Adjournment Motion by Hausladen, seconded by Antil to adjourn the meeting at 9:30 p.m.Carried 5-0.Deborah Ryks, Clerk Charles Bush, Mayor

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