July 14, 2009
Regular Session        

Pursuant to notice and call the Waverly City Council met in regular session at 7:00 p.m. on Tuesday, July 14, 2009 in the council chambers of Waverly City Hall.  Those in attendance were Mayor Ken Antil, Clerk Deb Ryks, Maintenance Supervisor John Rassat, and Council Members:  Connie Holmes, Keith Harris, John Konrath, and Gary Olson.  Also in attendance were City Engineer Barry Glienke, Pam Henry-Neaton, David DeLude, Steve, Cathy, and Jacob Thisius, and Wright County Deputy Kevin Triplett.

Agenda

            Motion by Olson, seconded by Holmes to adopt the agenda as presented.  Carried 5-0.

Pam Henry-Neaton

            Pam Henry-Neaton was present at the meeting on behalf of the MEADA organization to request use of Railroad Park for the hosting of a National Night Out event on August 4, 2009.  Details on the event activities will follow and be posted on flyers and on the electronic sign.  The council approved the use of the park for the National Night Out event.  The Waverly Lake Association will not be hosting a National Night Out event in Legion Park this year.

Jacob Thisius-HLWW Eagle Scout Welcome Sign Project

            Jacob Thisius gave a report to the council on the timeline and budget associated with the Welcome Sign project. 

            A donation from the Waverly Lions Club in the amount of $700 is forthcoming.  Fund raising efforts are being done.  A $350 contribution from the City of Waverly is being requested.   David DeLude suggested that Thisius check with the Winsted Fire Department regarding a donation as they conduct charitable gambling in Waverly.

            Motion by Konrath, seconded by Holmes to approve the $350 request with a cap at $400 for incidentals.  Carried 5-0.

            The sign design was approved.  It was suggested that a dedication be done upon completion of the sign project.

Wright County Sheriff

            Wright County Deputy Kevin Triplett reported that there have been numerous vehicle break ins reported in Waverly and Montrose.  A reminder was given to residents to lock their vehicles to be protected from theft.  There has been some vandalism at Legion Park.  Additional patrol is being provided to monitor Legion Park.  Steve Thisius asked about whether there have been reports of gas theft from vehicles.  Triplett stated that there has been no incidents of gas theft reported.

            Mayor Ken Antil requested that a Wright County Deputy investigate a situation at the former Ford Garage regarding the illegal parking of two trucks and one boat in the city alley.

Building Inspection Report

            There has been low building permit activity.  Permits in June consisted of alterations, decks, and reroofs.  There have been no new construction permits issued this year.

Wanda Tussing-MLS Report

            Manager Wanda Tussing reported a profit of $7,490 for the month of June.  The store is on track for a good month in July.  The annual Customer Appreciation event is scheduled for July 25.  The annual Car Show event is scheduled for August 22. There will be additional police patrol in place to reduce traffic violations on city streets during the classic car show event.  Sales in the On Sale operation have gone down due to the economy. 

            In the past a comparison of the net profit of the on sale versus the off sale showed that both operations are even.  Conversion to off sale only would still require dram shop insurance based on sales levels.

Requests from the Public

            David DeLude was present at the meeting to request that the council rescind the citation he was issued for violating the five day parking limit on the street.  He parked a bus on Atlantic Avenue in front of his residence and was ticketed by a Wright County Deputy.  The Deputy informed him that he would need to appear in front of the council since city staff requested that the ticket be issued.  After reviewing city ordinances, DeLude is challenging that he violated city code since the bus was moved within the five day restriction.  He has letters from witnesses that the bus was moved and not parked consistently in excess of the five day period. He has a court hearing tomorrow and is requesting that the city excuse the ticket. 

            The council explained that the issue was that parking a bus in that location causes a visibility problem.  It is also a concern when the Village Hall is being rented for a private event.  Currently, there is a Village Hall Parking Only sign posted. 

            Mayor Ken Antil informed DeLude that the city does not have the authority to rescind the citation but suggested that he bring letters from his witnesses to the court hearing for consideration by the Judge. 

Parks

            There was a Park Commission meeting scheduled on June 24, 2009 and only one member was present.  Due to a lack of business, it was decided that the Park Commission will call a meeting when there is new business to discuss.

Planning Commission

            The June 18, 2009 Planning Commission Minutes were reviewed.

            Connie Holmes reported that an Inquiry was made during the meeting regarding improvements being made at 515 Pacific Avenue.  A substantial improvement project is being made to the residence, however, the original house footprint will not be changed.  It was decided that a variance would not be required.

            Jerry Decker was recommended for appointment to the Planning Commission with the term expiring on December 31, 2011. 

            Motion by Holmes, seconded by Konrath to appoint Jerry Decker to the Planning Commission with a term expiration date of December 31, 2011.  Carried 5-0.

            John Nooyen was present at the Planning Commission meeting to request assistance to replat the Carrigan Estates development.  Currently, the land around the homes is Association owned.  He is considering purchasing a home in the addition but desires a typical residential lot rather than under the current situation.  The Association is not active and the developer is non-responsive to inquiries from potential buyers.   

            The Planning Commission requested an opinion from the City Attorney regarding replatting authority by the city or the possibility of buyers purchasing the land around the homes to survey as residential lots.

            It was the City Attorney’s opinion that homeowners can pursue legal action against the Association by retaining a private attorney.  The City cannot replat but potential buyers/homeowners may purchase additional land and request a lot line adjustment to attain a typical residential lot.  Clerk Ryks will inform potential purchasers of the legal options.

            There is one vacancy remaining on the Planning Commission.  Connie Holmes will remain on the committee until the remaining position is filled.  If it is not filled by September, Mary Johnson will accept the position.

EDA

            The June 29, 2009 minutes were reviewed.  A Comprehensive Planning Workshop was held on June 29 and the business included the task force review of map options for future land use and transportation.   There are 2 meetings remaining in the comprehensive planning process.  The draft Comprehensive Plan text will be reviewed at the August 13 meeting. There will be a Public meeting at the Village Hall and a public hearing conducted by the council this fall to adopt the Comprehensive Plan.

Maintenance Report

            Maintenance Supervisor John Rassat reported that the Chip Seal project on North Shore Drive and the bituminous patching project are both completed.

            There were many positive comments on Waverly Daze events. 

            There were a few park issues during Waverly Daze.  There were dogs brought to the park during Waverly Daze.  Glass bottles were thrown in Legion Park during Waverly Daze as well.  Park rules are posted and are included in the City Code.  No animals are permitted in the park.  No glass is allowed in the park.  Rassat informed the council that the park rules need to be enforced.  A reminder will be included in the City Newsletter of the rules for Legion Park.  A letter will be forwarded to Sgt. Brian Johnson, Wright County Sheriff’s Department prior to Waverly Daze in 2010 regarding enforcement of park rules.

            The Welcome sign project landscaping is underway.

            Rassat reported that the Nextel cell phones are not operating well.  The service is limited and there is a time delay in receiving voice mails.  The council suggested that the Maintenance Department check on contract terms with Nextel and consider changing to T-Mobile in the near future. 

City Engineer’s Report

            City Engineer Barry Glienke stated that there were no new items to report.

Minutes

            The June 9, 2009 Regular Session minutes were presented for approval.

            Motion by Holmes, seconded by Harris to adopt the June 9, 2009 Regular Session minutes as presented.  Carried 5-0.

            The June 23, 2009 Special Session/Personnel Meeting minutes were presented for approval.

             Motion by Olson, seconded by Holmes to adopt the June 23, 2009 Special Session/Personnel Meeting minutes as presented.  Carried 5-0.

            The June 29, 2009 Comprehensive Planning Task Force minutes were presented for approval.

             Motion by Holmes, seconded by Konrath to adopt the June 23, 2009 Comprehensive Planning Task Force meeting minutes as presented.  Carried 5-0.

Accounts Payable

            The accounts payable was presented in the amount of $245,155.31.

            Motion by Holmes, seconded by Harris to approve the accounts payable in the amount of $245,155.31.  Carried 5-0.

            It was noted that the accounts payable included payment for the bituminous patching project and the North Shore Drive Chip Seal project in addition to bond payments due in August.

Mid Term Payment-2009 TAC Note

            The council approved a $100,000 payment to Citizens State Bank for a mid-term TAC payment.  It was also approved to transfer $30,000 each month through December 2009 to the Money Market savings to assist with bond payments in January 2010.

Welcome Packet Report

            Connie Holmes reported that there were six packets this month for new residents and four of them have been delivered.  There are five packets to be prepared for delivery from new resident move ins.

Ordinance 09-03-Parking Restrictions

            Ordinance Amendment 09-03 was presented for council approval. The ordinance includes a 12 hour parking limit on municipal property.  A 24 hour parking limit will be in force on city streets.  Semi trailer parking restrictions will remain in force and unchanged in the ordinance. 

            Council Member Connie Holmes suggested that a permit form be created for use with temporary parking by permission from the city.  Wright County Deputy Triplett suggested that the ordinance include language stating that  buses and trucks over 5,000 lb gross vehicle weight, construction equipment, work trailers, recreational vehicles, and any detached trailers be included in the restriction.  The section of the ordinance allowing an exception to be made by permission of city staff was expanded to include a member of the City Council. It was noted that City Maintenance or Administrative employees may give permission for temporary parking arrangements, not Municipal Liquor Store employees.  The council also decided to remove “representative” from the wording in the ordinance.

            Motion by Harris, seconded by Olson to adopt Ordinance 09-03 as corrected.  Carried 5-0.

Newsletter

            Clerk Ryks asked the council for input for information to be included in the City Newsletter.  Connie Holmes will submit information on the Comprehensive Plan to be included in the Newsletter.  A letter from the Mayor will also be compiled for inclusion with the City Newsletter.  The council asked that information on the parking ordinance, park rules, and the need for Fire Department volunteers be included.

            Clerk Ryks asked if council members would like to review the Newsletter prior to mailing and it was agreed that Connie Holmes would review the Newsletter on behalf of the council prior to the mailing.

Budget Meeting

            The Council scheduled a budget meeting on August 26, 2009 at 7pm.

Web Site

            John Konrath and Keith Harris are brainstorming and reviewing model web sites for a possible upgrade to the City of Waverly web site.

Acknowledgements/Recognition/Announcements

            Keith Harris recognized new Royalty Ambassadors:  Miss Waverly Brittany Hoiland and Princess Natalie Borrell.  Outgoing Waverly Royalty Ambassadors 2008-2009 Miss Waverly Ashely Reynolds and 2008-2009 Waverly Princess Christina Schaibel were also recognized.  Local organizations and volunteers affiliated with Waverly Daze planning were recognized for its success.  David DeLude was also recognized for the Tractor Show.

            Ken Antil recognized city employees Deb Ryks and John Rassat for their years of service.  Ryks for 12 years of service and Rassat for 16 years of service. 

            City Maintenance personnel was acknowledged for a tremendous job on crosswalk/curb painting throughout the city.

Adjournment

            Motion by Holmes, seconded by Olson to adjourn the meeting at 8:48 p.m. Carried 5-0. 

Deborah Ryks, Clerk                                 Ken Antil, Mayor