City of Waverly Minutes

August 10, 2004 Regular Session Pursuant to notice and call the Waverly City Council met in regular session at 7:30 p.m. on Tuesday, August 10, 2004 in the council chambers of Waverly City Hall. Those in attendance were Mayor Bush, Clerk Ryks, and Council Members: Hausladen, Henry-Neaton, and Antil. Council Member Olson was absent. Agenda The following items were added to the agenda: 18. k. Reschedule September 14, 2004 Council Meeting and 18. l. Neighborhood Watch Program. The agenda was approved with the additions by consensus of the council. Joint Resolution-Orderly Annexation, Ralph Douglas Property Woodland Township expressed some concerns regarding drainage due to existing tiling in the area. Engineer Glienke was asked to examine the drainage of the land and forward a letter to Woodland Township. Motion by Hausladen, seconded by Antil to table the annexation until Woodland Township notifies the City Clerk that the Board has approved the proposed drainage plan for the property. Carried 4-0. Rick Packer-3rd Addition Development Agreement Rick Packer, Arcon Development, Inc. was present at the meeting. He advised the council that they have stopped construction on the 3rd phase of Carrigan Meadows for the time being. They plan to complete the grading work but will not proceed with utility construction until the market catches up. They are still selling lots in the 2nd Addition. Currently, they have sold 40 of 60 lots in the 2nd Addition. The second access to CSAH 8 will not be completed this year. Stevens Drilling and Environmental has purchased the 30 acres of industrial land from Arcon Development. The property closing has been completed. The development agreement for the 3rd Addition was drafted by Clerk Ryks and is consistent with the development agreement for the 2nd Addition. Rick Packer reviewed the agreement. Motion by Hausladen, seconded by Henry-Neaton to approve the development agreement for Carrigan Meadows 3rd Addition. Carried 4-0. City Attorney‚s Report Clerk Ryks was unable to reach City Attorney Pagel prior to the meeting but she will advise the council members of the status of the Summerfields park dispute with council members once she receives an update from Pagel. Waverly Fire Department, Inc. The council committee will meet with fire department members on September 7. City Engineer‚s Report City Engineer Barry Glienke presented the feasibility study prepared for utility installation around Waverly Lake. The project is proposed to be completed in four phases and will be driven by development. The estimated cost to complete phase one of the project to serve the Dick Sawatzke property is $1,148,388.12. The developer may front the costs to complete the project. The City would need to work out an agreement with the developer for reimbursement of the costs paid that would be associated with other land. The developer would be repaid from fees paid by developers for other properties as they come into the city limits for proposed development. The City would be responsible for the cost to replace the pressurized sewer system with a gravity system. The existing sewer grinders would stay in place but the new system would pump to a new gravity line. Water access fees could be charged since water is not currently installed around the lake. At the present time, private wells are in place. When the water line is installed, the private system in Waverly Terrace could be incorporated into the city water system. Lakeview Drive would not be included in the utility plans. The water tower would suffice in its current location. Eventually, the city could consider the construction of a new tower on the north side of the city when development increases in that direction. Engineer Glienke reported that the Environmental Assessment Worksheet for Woodland Shores is not ready for council action. This is due to the Department of Natural Resources submitting comments that required a response from the development engineer. The council will consider the approval of the Environmental Assessment Worksheet for Woodland Shores once the Department of Natural Resources accepts the engineer‚s comments. Maguire iron submitted a cost estimate for painting the Waverly logo on both sides of the water tower. The cost estimate is $12,800. Motion by Hausladen, seconded by Antil to approve painting the Waverly logo on the water tower on both sides in the amount of $12,800 Carried 4-0. The council discussed reducing the Waverly Logo to „Waverly‰ with the coloring of the flag. Engineer Glienke stated that there will be ongoing maintenance. Painting will need to be redone in 12 years. Maintenance Supervisor Rassat stated that other cities put aside funds each year for a water tower maintenance budget. Payment Request No. 3 was submitted by Maguire Iron for the steel work for erection of the water tower. The project is 40% complete. The amount of the payment request is $238,497.50 and has been recommended for payment by the City Engineer. Motion by Antil, seconded by Hausladen to pay Request No. 3 as submitted by Maguire Iron. Carried 4-0. Mayor Bush noted that new residents are funding the water tower project through payment of water connection fees for new construction. Engineer Glienke reported that a letter to Woodland Township regarding drainage plans for the Ralph Douglas property proposed for annexation was submitted to the township clerk but not in time for their meeting. Woodland Township will act on the resolution for orderly annexation of the property in September. There has been some confusion regarding the closure of roads within the city limits. There have been signs posted along several streets. Glienke reported that Roads are open to local traffic with the reconstruction of CSAH 9. He will look at new signage next week. During the first week of construction, it is common to have general signage in several areas so that drivers become familiar with the detours. Glienke submitted information regarding the proposed 5th Street improvements. This project was included in the Capital Improvement Plan for 2005. The council will discuss scheduling of improvements at a later date. Curb and gutter installation will begin this week on Franklin Avenue. Minutes The minutes of the July 9, 2004 Council Work Session were presented for approval. Motion by Hausladen, seconded by Antil to approve the July 9, 2004 minutes as presented. Carried 4-0. The minutes of the July 13, 2004 Regular Session minutes were presented for approval. Motion by Hausladen, seconded by Henry-Neaton to approve the July 13, 2004 minutes as presented. Carried 4-0. The minutes of the July 19, 2004 Special Session were presented for approval. Motion by Hausladen, seconded by Henry-Neaton to approve the July 19, 2004 minutes as presented. Carried 4-0. The minutes of the July 21, 2004 Special Session minutes were presented for approval. Motion by Hausladen, seconded by Antil to approve the July 21, 2004 minutes as presented. Carried 4-0. Accounts Payable The accounts payable was presented in the amount of $133,211.66. Motion by Hausladen, seconded by Henry-Neaton to approve the accounts payable in the amount of $133,211.66. Carried 4-0. Maintenance Report Maintenance Supervisor Rassat reported that the metal in the wastewater treatment plant will need to be removed by a contractor as it is extremely heavy. Maguire Iron would be willing to do the work for the cost of $3,000. Rassat is also obtaining a price from George Karels. Karels would recycle the metal once it is removed. The metal would be recycled for $90/ton with 10 tons to recycle. Rassat would like to complete vacating of the items within the building this fall so that it can be used for cold storage. The contractor will need to provide proof of insurance prior to commencing with the work. Ralph Diers, Diers Electric offered $500 for the electrical panel. The panel cannot be reused by the city. Motion by Antil, seconded by Hausladen to accept the purchase offer from Diers Electric in the amount of $500 for the electrical panel. Carried 4-0. Rassat reported that the poles on the north side of Waverly Liquor will be moved by Xcel Energy on Aug 24, 2004 so Pfeifer Construction can proceed with the construction of parking lot/delivery lane. Rassat informed the council that the Maintenance Department is in need of a new locator for water/sewer, and electrical lines. Many locates are being requested and the Maintenance Department needs to locate electrical lines and water and sewer lines to the sewer grinder stations multiple times per week. The existing locator has not been working properly to locate all lines. The estimated cost for the purchase of a new locator is $2,500. The purchase cost can be allocated to the current budget by splitting the expenditure between the water and sewer funds. Motion by Hausladen, seconded by Antil to purchase a locator with a cap of $2,500 on the purchase. Carried 5-0. A sewer main was hit by Time Warner Cable while installing new cable lines around CSAH 9. The city is trading labor hours and parts with Time Warner for the repair of a city break on CSAH 9. Parks Superintendent Jim Woitalla reported that Kramer Excavating is moving fill taken out of Atlantic Avenue to Legion Park. Planning and Zoning Report Planning and Zoning Liaison Adrian Duske was present at the meeting to give the Planning Commission Report. Duske reported that a public hearing was held on August 5, 2004 to consider a variance application for Ken and Deb Hausladen, 1110 Lakeview Drive. The variance, if granted, would allow the construction of an accessory building in the front yard. The building is proposed to be 19 feet in height. A variance is needed for placement of the accessory building in the front yard and the height variation beyond the permitted 16 feet regulation. Duske informed the council that Jeremiah McRaith, 5996 County Road 8 S.W. had submitted a letter to be reviewed at the public hearing. McRaith was present at the meeting and was heard by the council. He stated that he submitted a letter to be read at the public hearing expressing concerns about drainage issues onto his property that is located west of the applicant. McRaith informed the council that when the residence was built on the applicant‚s property in 1998, he had an issue with additional fill that was brought in and the direction of water to McRaith‚s property. At that time, Metro West Inspection Services became involved and required that the water be directed toward the lake. The accessory building is proposed to be located 4 feet from the property line. McRaith is opposed to this location due to possible drainage onto his property. Duske reported that the Planning Commission has recommended approval of the variance for 1110 Lakeview Drive and did not find that a detriment would be applied to the McRaith property. McRaith requested that no fill be added to accomplish the project and that water is diverted to the east. He also requested that the building location be 10 feet from the property line. Duske informed the council that the Waverly Zoning Ordinance allows a 4 foot setback distance when an accessory building is located more than 10 feet from the principal residence. The variance is required for the location of the building in the front yard, not the setback distance. The variance is also needed to accommodate the proposed height of the building. Duske stated that the Planning Commission read McRaith‚s letter into the record at the August 5, 2004 public hearing but the findings of the Planning Commission was that approval of the variance would not be detrimental to the community. Duske informed the council that the topography of land slopes to the west causing water to naturally flow in a westerly direction. Duske stated that other variances have been granted to property owners on Dempsey Avenue and North Shore Drive for placement of accessory buildings in the front yard. McRaith asked the council to intervene if a water problem develops on his property. Mayor Bush informed McRaith that if a water problem develops that the issue be worked out by the two property owners. Motion by Antil, seconded by Henry-Neaton to grant the variance request as submitted for 1110 Lakeview Drive as recommended by the Planning Commission. Carried 3-0. Abstain: Hausladen. Hausladen abstained from all discussion relating to this issue. Mark Karels, Mark‚s Service requested a variance for the replacement of the existing conoco sign at 801 Pacific Avenue. The variance, if granted, would allow the new sign to be 30 feet in height. The existing sign is 26 feet in height. A public hearing was held on August 5, 2004 to consider the variance application of Mark Karels, Mark‚s Service. According to the Waverly Zoning Ordinance, signs may not exceed the building height and the request for the new sign would comply with the ordinance. The Planning Commission issued a recommendation for approval of the variance as submitted by Mark Karels, Mark‚s Service for 801 Pacific Avenue. Motion by Antil, seconded by Hausladen to grant the variance request to increase the height of sign from 26 to 30 feet for Mark‚s Service. Carried 4-0. Duske reported that a subcommittee of Planning and Zoning members is being formed to discuss interim uses, lot sizing, and annexation procedures. The subcommittee will be reviewing information related to varying the lot sizes in residential areas and incorporating interim uses into the Zoning Ordinance along with conditional uses. They have been utilizing information from City Attorney Pagel. They plan to have a recommendation ready for the council at the September Work Session. The Planning Commission changed their meeting time from 7:30 p.m. to 7:00 p.m. This was done to assist in the length of the meeting. They also decided that work sessions will be utilized for discussion and work on planning issues. They will not schedule public hearings or presenters for their monthly work session meetings. If an applicant for a zoning permit is under a time constraint, they may schedule a special meeting if the fee is paid for. City Engineer Glienke compiled additions of lakes and bodies of water in the city‚s planning area into the Shoreland Overlay Ordinance. The Planning Commission conducted a public hearing on July 15, 2004 to consider the proposed zoning amendment. The Planning Commission has recommended approval of the zoning ordinance amendment to the council. Motion by Hausladen, seconded by Antil to adopt Zoning Ordinance 04-01- Shoreland Overlay District. Carried 4-0. Economic Development Authority Ken Hausladen reported that the members discussed acquisition of the property located west of Village Hall. They are working on funding ideas for the property acquisition. Due to the 2005 tax levy increase for the EDA, the cash balance in 2005 would be sufficient to formulate an offer on the property. Park Commission Park Commission Ex-Officio Antil and Parks Superintendent Woitalla reported that the interviewing process for a new member has been delayed as three people that expressed a previous interest in membership have now declined. A potential member has come forward and the interviewing process will continue in August. Ray Williams, Westar Ventures was present at the meeting to discuss the Don Douglas property. The appeals court has not issued a final decision on the lawsuit regarding the property. The city has chosen not to move forward with the annexation or development process until a final court order is issued in the case, however, Williams was interested in obtaining ideas regarding park development from the Park Commissioners. The Park Commissioners discussed ideas for camp sites at Legion Park during Waverly Daze. Currently, camping is only allowed during Waverly Daze and there is no fee charged. Discussion needs to take place regarding a better set up for the campers during Waverly Daze. The Commissioners may consider changing the policy to open up Legion Park for camp sites or prohibiting camping altogether even during Waverly Daze. The Park Commissioners are interested in approaching the Waverly Lions on this issue. After discussing this issue with the Waverly Lions, the Park Commission will make a recommendation to be considered by the council. Community Liaison Pam Henry-Neaton reported that she is continuing new resident welcome visits. Ordinance 04-03 Ordinance No. 04-03 was presented for council consideration regarding Council Salaries. The ordinance will take effect on January 1, 2005 with the election term. It establishes base salaries for the Mayor and Council in addition to meeting pay. Section 4 will be revised to state the Mayor and Council Members must attend both the regular meeting and the work session on a monthly basis to qualify for the monthly base salary. The Mayor‚s base salary was established at $100 and the council members base salary at $75. Meeting pay rates will stay the same. Current meeting pay is $60 for the Mayor and $50 for council members for the regular meeting and $40 for special meetings including the work session. Motion by Bush, seconded by Hausladen to adopt Ordinance 04-03. Carried 4-0. Resolution 04-08 Renewal of Charitable Gambling License Winsted Firemans Relief Association will be renewing their charitable gambling license with the State of Minnesota. A resolution is needed authorizing the renewal of charitable gambling. Resolution 04-08 for the renewal of charitable gambling for the Winsted Firemans Relief Association was presented to the council. Motion by Antil, seconded by Hausladen to adopt Resolution 04-08 for the renewal of the charitable gambling license for Winsted Firemans Relief Association at the Uptown Bar and Grill LLC, 203 N. 5th Street, Waverly, Minnesota. Carried 4-0. Fund Balance Policy A fund balance policy was reviewed at the August 6, 2004 Work Session. The policy is required by the city‚s auditor‚s Kern, DeWenter, Viere, Ltd. The policy addresses the goals and minimums for the general fund, debt service funds, and enterprise funds. Motion by Hausladen, seconded by Antil to adopt the fund balance policy as presented. Carried 4-0. Investment Policy A proposed investment policy was formulated to assist the council with decisions on city investments. The policy includes obtaining rates quotes and local bank matching and meeting the average interest rates at various levels of investments. This policy will give the council guidelines on investments such as certificates of deposit. Motion by Hausladen, seconded by Henry-Neaton to adoptthe investment policy as presented. Carried 4-0. Personnel Committee The Personnel Committee will meet with city staff on August 12, 2004 at 4:00 p.m. to review job descriptions. The Committee will meet with Liquor Store full time employees at 7:00 p.m. on August 12, 2004 to review job descriptions for liquor store staff. Joint Committee Meeting A follow up joint session with all city committees is scheduled for August 18, 2004 at 7:00 p.m. Representatives of Independent School District 2687 have also been invited to the meeting. The joint meetings are held quarterly to review committee goals. Joint Session w/ Planning Commission The council will attend the August 19, 2004 Planning Commission meeting to conduct discussion regarding Dick Sawatzke property and utility extension payment arrangements with the developer. The council will arrive at 7:30 p.m. 2005 Proposed Budget A meeting to begin reviewing the proposed budget for 2005 will be held on August 26, 2004 at 7:00 p.m. Election Judges Clerk Ryks presented the list of election judges for appointment for the September 14, 2004 Primary Election. Those proposed for appointment are Adrian Duske, JoAnn LePage, Geraldine Smith, Clerk Debbie Ryks, Secretary Mary Johnson. Resolution 04-08-2 was presented for the council‚s consideration. Motion by Henry-Neaton, seconded by Antil to adopt Resolution 04-08-2 for the appointment of election judges as listed. Carried 4-0. Election Judge Wages Clerk Ryks has proposed an increase in election judge salaries from the $8/hourly rate paid for the 2002 election to $9/hourly rate for the 2004 election. Motion by Antil, seconded by Henry-Neaton to increase the election judge wages from $8/hour to $9/hour. Carried 4-0. September Council Meeting The September council meeting date would fall on the date of the primary election, September 14, 2004 and will need to be rescheduled. The meeting was rescheduled to Monday, September 13, 2004 at 7:00 p.m. Council Meeting Time Motion by Hausladen, seconded by Antil to change the council meeting time from 7:30 p.m. to 7:00 p.m. Carried 4-0. Neighborhood Watch A planning committee meeting and town meeting will be scheduled at a future date for the creation of a neighborhood watch program. Montrose-Waverly Rate Committee The next meeting of the Montrose-Waverly Rate Committee is scheduled for August 17, 2004 at 10:30 a.m. at the Montrose City Offices. MLS Report Motion by Hausladen, seconded by Henry-Neaton to adopt the the July, 2004 Municipal Liquor Store Report. Carried 4-0. Council Member Hausladen reported that items discussed at the Liquor Store Staff Meeting on August 9 were the September 4 Grand Opening event for the on/off sale. The Grand Opening will include a hog roast and karoke. The wiring still needs to be completed in the off sale. Separate ordering is going well. The Managers are interested in holding a dram shop class. Village Hall Renovation Updated pricing was received from Wold Architects. Prior to authorizing a bond issue, the council would like to discuss the renovation plans at the August 18, 2004 joint meeting with city committees. Church of St. Mary-Fall Festival The Fall Festival planned for September 11 & 12, 2004 will be moved to Legion Park to avoid the construction on Atlantic Avenue. CSAH 9 Realignment Project The construction project on Atlantic Avenue is progressing and is scheduled for November 1, 2004 completion. 1st Street S. Reconstruction The construction on 1st Street S. is progressing with pavement scheduled in approximately three weeks. Acknowledgements & Recognition Pam Henry-Neaton recognized Crystal Nibbe and Sandy Decker for being crowned the „Fairest of the Fair‰. Pat Thrift was also acknowledged for hauling water to the park on Elm Avenue, east of Pete‚s Grocery. The council recognized property owners for property improvements. A program should be started to issue certificates to property owners that have completed improvements that have greatly enhanced their properties. Vacant City Lot-5th/Elm Council Member Hausladen asked if the Economic Development Authority should consider marketing the vacant lot west of theater building for sale or if the city should retain it for park use. The council would prefer to retain the lot for future use and is not interested in the marketing of the land for sale. Knights of Columbus John Rassat informed the council that the Knights of Columbus received a „thank you‰ note from the City of Waverly for their annual events and participation in Waverly Daze and greatly appreciated being acknowledged by the city for their efforts. Adjournment Motion by Hausladen, seconded by Antil to adjourn the meeting at 9:15 p.m. Carried 4-0. Deborah Ryks, Clerk Charles Bush, Mayor

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