Regular Session
Pursuant to notice and call the Waverly City Council met in regular session at 7:30 p.m. on Tuesday, August 12, 2003. Those in attendance were Mayor Bush, Clerk Ryks and Council Members: Hausladen, Olson, Antil, and Henry-Neaton. Agenda
The agenda was amended with the additions of the following items: 16f. Schedule Budget Meeting, 16g. Resolution-Authorization of Bond Issuance for Utility Projects.
The agenda was approved as amended by consensus of the council. John Konrath and Bonnie Lotzer-503 North Shore Drive
John Konrath and Bonnie Lotzer were present at the meeting to address the council regarding a variance that was granted for their property located at 503 North Shore Drive. There was a stipulation to approval of the variance that the proposed storage building could not be placed on a permanent foundation. This would make the status of the building temporary as it will be constructed in close proximity to the lake.
Konrath and Lotzer appeared in front of the council to ask for an appeal on the variance decision for their accessory building plans. Konrath explained that a preexisting boathouse has suffered structural damage and was in need of replacement. Konrath applied for a variance and the variance application was heard by the Planning Commission. A public hearing was conducted as part of the application procedure and there were no parties in opposition of the proposed building project. Following the public hearing, the Planning Commissioners made a motion to recommend approval of the variance to the City Council.
Konrath thought that the Planning Commission action was final approval of the variance. He then proceeded to demolish the existing boathouse located on the property.
The Council considered approval of the variance and stipulated that the building was to meet with the guidelines for a temporary building status rather than permanent. This would not allow footings or a floating slab as a foundation to the storage building.
Konrath informed the council that a wood base is not adequate for portability and consideration as temporary building status. A precedent was set in 1999 when an applicant was denied for a variance for an accessory building that was planned to be located 30 feet from the lake. The council directed the applicant to proceed without a variance if the building was to be constructed without a permanent foundation. Konrath expressed that the variance request of 1999 was not similar to his request as he is planning to relocate an existing building 6 feet further back from the lake. He commented that he also reduced the structure in size from 300 SF to 288 SF.
The Council expressed concern with granting approval for permanent buildings in close proximity to the lake. The city has denied similar requests in the past.
Konrath expressed that the preexisting permanent structure in close distance to the lake enhances the valuation and makes the property unique. Base foundation concrete or wood does not make a difference to the sight lines of the lake. Neighbors have supported Konrath‚s request. The proposed use of the building is for storage of lake equipment. The asthetics of the property will be improved with the construction of a permanent accessory building. The new building would be more environmental friendly with new materials and will be located further back from the lakeshore. Konrath feels that this is a remodeling project and not a new building to be constructed in close proximity to the lake.
Dick Sandhofer, 505 North Shore Drive was present at the meeting to support Konrath‚s request. Sandhofer informed the council that since the Planning Commission recommended approval for the variance for a new structure, Konrath demolished the existing structure and gave up his grandfather rights on the existing building.
Motion by Antil, seconded by Hausladen to allow the variance as requested by Konrath and Lotzer for 503 North Shore Drive. Motion Failed:. 2-3. Opposed: Bush, Henry-Neaton, and Olson. Jim Walter, Uptown Bar and Grill,
Jim Walter, Uptown Bar and Grill LLC requested that the city pass a resolution to authorize the Winsted Fire Relief Association to conduct charitable gambling at the Uptown Bar and Grill, 203 N. 5th Street, Waverly, Minnesota.
Motion by Bush, seconded by Antil to table this matter so that Waverly Lions Club can be notified regarding this request. Carried 5-0. Waverly Fire Department, Inc.
Council Member Henry-Neaton reported that Waverly Fire Department Inc. received a $100,000 grant from FEMA. The funds will be used for medical equipment and training. City Engineer‚s Report
Barry Glienke, Bolton & Menk reported that the bid opening for the water tower project took place this morning. The bid results reflected a low bid from Maguire Iron, Inc., Sioux Falls, South Dakota in the amount of $614,900. The City Engineer has recommended that the council award the bid accordingly.
Motion by Bush, seconded by Olson to award the bid for water tower construction to Maguire Iron, Inc. in the amount of $614,900. Carried 5-0.
Glienke presented the North Shore Drive Drainage Study formulated by Bolton & Menk, Inc. The estimated cost is $70,000 for storm sewer installation to alleviate drainage concerns. Assessments would have to be levied to pay for project. The council discussed that in the future, stormwater ponds will be constructed in this area when the property on the north side of the road is developed. It was also noted that current property owners do not want to give easements to the city to accomplish this project. There was no action taken on this item.
A sample Storm Sewer Utility Ordinance was distributed to the council. The information will be reviewed by council members and brought back to a future meeting. This item will be discussed at a future work session. Glienke provided information on a sewer access policy implemented by the City of Montrose that includes industrial sewer access charge rates. The council will review the policy and make a decision at a later time.
Glienke informed the council that he will be working on the plans and specifications for the utility projects included in the capital improvement plan for 2003-2004 including Franklin Avenue, 1st Street S., and the lift station for phase two of Carrigan Meadows. Minutes
The minutes of the July 3, 2003 Council Work Session were presented for approval.
Motion by Hausladen, seconded by Antil to approve the July 3, 2003 Council Work Session minutes as presented. Carried 5-0.
The minutes of the July 8, 2003 Council Regular Session were presented for approval.
Motion by Hausladen, seconded by Henry-Neaton to approve the July 8, 2003 Regular Session minutes as presented. Carried 5-0. Accounts Payable
Motion by Hausladen, seconded by Antil to approve the accounts payable in the amount of $121,782.99. Carried 5-0. Maintenance Report
Maintenance Supervisor John Rassat reported that the seal coat project will begin in a few weeks. Property owners will be notified of the work schedule. The street patching project has been completed. Parks Superintendent Jim Woitalla will be on vacation for the next two weeks. John Rassat will be taking vacation commencing on September 8, 2003.
Rassat repoted that city staff will be meeting with Nextel for cell phone upgrades.
Rassat reported that 1st Street S. is in need of dust control chemicals. Rick Packer, Arcon Development, Inc. has offered to pay the cost. Planning Commission Report
The Planning Commission conducted a public hearing on August 7, 2003 to consider a variance application submitted by Mike Cebulla for the property located at 523 North Shore Drive, Waverly, Minnesota. The variance, if granted, would allow the construction of an accessory building that is proposed to be 21 feet in height. The regulations in the Waverly Zoning Ordinance include a 16 foot height regulation for accessory buildings.
Mary Johnson called other cities for their height regulations for accessory buildings. The majority of the communities have an average height regulation for accessory buildings of 16-18 feet . The Planning Commission has recommended approval of the variance as the additional height is needed to accommodate storage as a basement cannot be erected at the site.
The council discussed the site lines of Waverly Lake. The accessory building will be erected on the street side and a residence will be erected on the lake side. The height regulation for residential structures is 35 feet. Since the height of the residence can exceed the height of the accessory building, the accessory building will not impede the sight line of the lake.
Motion by Hausladen, seconded by Bush to grant the variance as requested to Mike Cebulla for the property located at 523 North Shore Drive. Carried 4-1. Opposed: Bush. Creation of RB-1 Zone District-Propose Rezoning to Mixed District
Mayor Bush explained the proposed rezoning of the south side of highway 12 from the west city limit east to 1st Street S. The area is currently mixed with residential and business uses. There are currently residences located in a highway business zone and businesses located in a residential zone. A mixed residential-business zone district is proposed that would include residences as a permitted use in the district. Permitted business uses in the district are limited to churches, public offices, post offices and similar low density uses. Other retail business uses are conditional uses in the district. There will be no impact on the homes located in the rezoning area.
There will be more choices for residential property owners when contemplating selling their properties. They may be able to sell their properties for residential or business use.
Cheryl Larson, 113 S. 2nd Street inquired about off street parking for businesses locating within the zone district. The council informed her that the off street parking area and number of parking spaces will be addressed with each business proposal as part of the conditional use permit process.
Leo Gagnon, 117 S. 3rd Street expressed concern about the marketability of residential properties located in a commercial zone. The council explained that the rezoning proposal is for a mixed residential-business zone district that would allow residential use and would not be strictly commercially zoned. Gagnon continued to encourage the council to refrain from rezoning the property due to concerns of residences that could be located in close proximity to a business with high traffic flow and noise nuisances. The council informed Gagnon that the limited business uses determined as permitted uses in the proposed rezoning area provides protection to the residences. Most businesses would require a conditional use permit to locate within the zone district. The neighboring residential property owners would be notified as part of the procedure for application for a conditional use permit which includes a public hearing.
The Planning Commission conducted a public hearing on the creation of the RB-1 zone district and the proposed rezoning area. The Planning Commission has recommended approval of the zone district and the rezoning of property within the proposed area.
Motion by Bush, seconded by Antil to accept the recommendation of Planning and Zoning for the creation of the proposed RB-1 zone district and the rezoning area as specified in the Findings of Fact-(attached) Carried 5-0. Final Plat-Carrigan Meadows
The Planning Commission met with Rick Packer, Arcon Development, Inc. on August 7, 2003. The final plat for phase two of Carrigan Meadows has been submitted by Arcon Development. The 2nd phase does not include connection to CSAH 8 for a second entrance. The 3rd Phase will include access to CSAH 8. It has been stipulated that the onstruction crew will access the development on 6th Street S. so that the condition of 1st Street S. does not deteriorate any further.
Council Member Antil asked Packer about the installation of a temporary road to improve the situation on 1st Street S. with the builders and contractors traveling to and from the first phase. Packer explained that a temporary road may increase problems with ATV and unauthorized traffic utilizing a temporary road. Packer reported that they will be building a storm sewer system and retention ponds with the 2nd phase of Carrigan Meadows to take care of water problems experienced by residential property owners on 6th Street.
Arcon Development has offered to pay $70,000 to help the city fund the rebuilding of 1st Street S.
The Planning Commission has recommended that the council approve the final plat as submitted with the contingency that the connection to CSAH 8 is installed with the 3rd phase of development in Carrigan Meadows.
Motion by Bush, seconded by Olson to accept the final plat for phase two of Carrigan Meadows contingent upon the access being installed to CSAH 8 with the third phase of development. Carried 5-0. Economic Development Authority
Ken Hausladen reported that Railway Equipment Company is still looking for a new location within Wright County. Park Commission
Ken Antil reported that the proposed park improvement layout plan will be presented to the council for approval at the September 9, 2003 meeting. 2003 Building Code Adoption
Clerk Ryks presented a draft ordinance to adopt updates in the uniform building code. Metro West Building Inspection Services has reviewed the proposed ordinance and recommends that the city adopt the ordinance with the deletion of Section 5.
Motion by Bush, seconded by Olson to adopt Ordinance 03-02. Carried 5-0. Upcoming Meetings
A joint meeting will be held with the City Council of the City of Montrose at the Montrose Community Center on August 18, 2003 at Noon. The topic of discussion will be growth issues of the Waverly and Montrose communities.
A joint meeting of the Planning Commission, EDA Members, and City Council is scheduled for August 20, 2003 at 7:00 p.m. The Maple Lake City Planner and Brad Paumen will be present to discuss tax increment financing issues.
A public hearing to consider the proposed annexation of the property owned by Brad Paumen will be held on August 28, 2003 at 7:30 p.m. Annexation Agreement w/ Woodland and Marysville
The draft annexation agreement was reviewed by Woodland Township. They inquired about including the description of the annexation area and the attachment of maps. City Attorney Rhonda Pagel informed the council that a legal description will need to be written to cover the annexation area. This is due to the fact that recording of the document will require legal descriptions of the boundaries not mapping. The Woodland Township Board also asked about the possibility of revising the section regarding road sharing to include a 50% sharing of gravel hauling and placement for maintenance.
The draft annexation agreement will be forwarded to Marysville Township for their review prior to council action on the matter. Budget Meeting
A preliminary budget meeting was scheduled for August 25, 2003 at 7:00 p.m. The Waverly Lions will be asked to attend the meeting at 8:00 p.m. to discuss charitable gambling issues. Resolution Authorizing the Issuance of Water/Sewer Bonds
Motion by Bush, seconded by Hausladen to pass Resolution 03-08 to provide for the sale of water/sewer revenue bonds. The proposal consideration will take place at the September 9, 2003 council meeting. MLS Report
Clerk Ryks asked the council to clarify the annual wage increase policy for part time employees at the Municipal Liquor Store. The question has been raised by the Managers whether the 3% increase included part time liquor store employees. As in the past, the council determined that the Managers have the discretion for wage increases for part time employees.
Motion by Antil, seconded by Olson to approve the July 2003 Municipal Liquor Store Report. Carried 5-0. Scott Ogle Trucking
Scott Ogle, Scott Ogle Trucking was present at the meeting to discuss the terms of his purchase of lots in the Waverly Railroad Addition, specifically lots 3-5, block 1. The council understood the terms to include development within a one year time frame from the date of closing. Scott Ogle was of the understanding that a one year contract for deed was approved with one year following the payoff for development of the property. Ogle received a letter from the city that stated that he was in noncompliance with the development agreement.
Mayor Bush asked Ogle for a realistic compliance date that he would have the building completed. Discussion was held regarding a completion date that would be attainable by Scott Ogle Trucking.
Ogle committed to a completion date of December 31, 2003. The council advised him that he must have the building completed and passage of the final building inspection by this date. The parking lot and miscellaneous work outside of the building would not need to be completed by the compliance date.
City Attorney Rhonda Pagel will do an amendment to the original development agreement for the property to reflect the new compliance date.
Motion by Antil, seconded by Hausladen to allow an extension of the time frame for development for Scott Ogle Trucking for lots 3-5, block 1 Waverly Railroad Addition to December 31, 2003 for final inspection. Carried 5-0. Acknowledgements and Recognition
Council Member Henry-Neaton recognized all organizations and volunteers that participated with the Waverly Daze Celebration. Personal thank you letters will be sent to the organizations instead of certificates. Adjournment
Motion by Olson, seconded by Hausladen to adjourn the meeting at 9:10 p.m. Carried 5-0. __________________________
______________________ Deborah Ryks, Clerk
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