Regular Session
Pursuant to notice and call the Waverly City Council met in regular session at 7:30 p.m. on Tuesday, September 9, 2003 in the council chambers of Waverly City Hall. Those in attendance were Mayor Bush, Clerk Ryks, and Council Members: Hausladen, Antil, Henry-Neaton, and Olson. 2003 Water/Sewer GO Bonds
Shelly Eldridge, Ehlers & Associates was present at the meeting to reveal the bond bid results. Two bids were received. United Bankers Bank submitted the most favorable bid. The average rate over the life of the bond issue is 4.8391%. The bond reflects ascending interest over time. The bond sale results and rate came in under the estimated figures calculated by Ehlers & Associates. There is $4,900 available due to the use of a rounding amount. The city can add to the project costs and if there are funds available when the projects are completed, the amount can be put into the debt service.
The net bond proceeds will be invested until spring when the construction projects start. It was suggested that the city utilize the League of MN Cities 4M fund for the investment due to the large amount and the safety and flexibility of the 4M fund. City Attorney Young also suggested use of the 4M fund.
Resolution 03-09A was presented authorzing the issuance and awarding the sale of the $2,070,000 bonds. The closing date is October 9, 2003.
Motion by Olson, seconded by Hausladen to adopt Resolution 03-09A . Carried 5-0. Jim Walter-Uptown Bar and Grill LLC Charitable Gambling
A Charitable Gambling application has been submitted by the Winsted Fire Relief Association for a premises permit at the Uptown Bar and Grill LLC. The city is currently considering passage of a Charitable Gambling Ordinance. City Attorney Tim Young, has reviewed the ordinance proposed for adoption. Young made the suggestion that the council reconsider the application submitted by the Winsted Fire Relief Association after adoption of ordinance. The ordinance would become effective once it is published in the legal newspaper.
The Waverly Lake Association may be interested in pursuing charitable gambling activities and may be interested in conducting charitable gambling at the Uptown Bar and Grill LLC. Walter expressed the desire to have pull tabs available at his establishment for his customers. He would be open to a Waverly organization conducting charitable gambling but would like to have pull tabs available as soon as possible. Walter explained to the council that the Winsted Fire Relief Association agreed to donate to the Waverly Boosters and Waverly Fire Department.
The council explained that the proposed ordinance includes a stipulation of a trade area which includes the Waverly city limits and Marysville and Woodland townships. 80% of the donations would need to be spent in the city‚s trade area. A contribution calculated as 10% of the organizations‚ net profits would need to be made to the city for lawful expenditures. This includes all organizations that conduct charitable gambling within the city limits.
The City Attorney advised the council to pass the ordinance and publish it and to consider passing the resolution authorizing charitable gambling by the Winsted Fire Relief Association at the Uptown Bar and Grill LLC following the effective date of the ordinance.
Motion by Hausladen, seconded by Antil to adopt Ordinance 03-04 Charitable Gambling. Carried 5-0.
The council advised Walter that if he was willing to pay for a special meeting, the council could consider adoption of the resolution and approval of the application for charitable gambling at an earlier date or otherwise the council would take action at their next regular meeting which is scheduled for October 14, 2003. Daniel Graham II-Maple Ridge Townhome Development
Daniel Graham II was present at the meeting to request approval of the plat for the Maple Ridge Townhome Development. Graham needs plat approval to sell the individual units. The Planning Commission and City Council previously approved the planned unit development. The Planning Commission has reviewed the proposed plat and has recommended approval by the council.
Barry Glienke, Bolton & Menk was present at the meeting. He presented several concerns regarding the drainage plans. The proposed drainage would sheet flow storm water to the alley. An adequate storm sewer system needs to be addressed to direct drainage to CSAH 9. This is due to the change in impervious coverage of 75%. There is approximately 500-600 feet of pipe that would need to be installed. The estimated cost would be $25 per foot. Permits need to be obtained from the Minnesota Department of Health and Minnesota Pollution Control Agency. Silt fencing will need to be addressed.
The City Engineer was directed to put concerns in the form of a letter for Graham‚s review.
The possible blacktopping of the alley was discussed as there will be additional traffic traveling on the alley due to this development.
Motion by Bush ,seconded by Hausladen to approve the plat for Maple Ridge Townhomes conditioned on the developer meeting the City Engineer‚s requirements. Carried 5-0. Gary Rudy-Kristall Development
Gary Rudy, Kristall Development, Inc. was present at the meeting to introduce himself to the council. He is in the process of purchasing the Carrigan Estates development. He plans to develop the project in one phase which would consist of 54 lots. Rudy will be constructing single family dwellings. He will not be placing modular homes on the lots as previously approved for JB Land, Inc. Busse Construction will be performing the grading work. The application to the Minnesota Pollution Control Agency has been submitted. Rudy attended the Planning Commission meeting on September 4. The Planning Commissioners did not request any additional applications.
Rudy advised the council to contact him with any concerns and provided his contact information. Rudy plans to begin the grading work next week. His goal is to have the development complete by Thanksgiving. The homes will be valued at $200,000 off the lake and $350,000 on the Carrigan lake lots. Rudy is currently working on the Homeowners Association documents. Proclaimations-Waverly Royalty
Norma Ogle introduced Waverly Royalty: Princess Jo Jo Jacques, Princess Anna Thisius, and Miss Waverly Beth Nelson. Waverly Royalty representatives will make 40 public appearances per year.
Mayor Bush read the proclamations for Beth Nelson, Jo Jo Jacques, and Anna Thisius. All have been proclaimed as ambassadors of good will. City Engineer‚s Report
Barry Glienke, Bolton & Menk requested council approval authorizing preparation of the plans and specifications for Franklin Avenue, 1st Street S. projects.
Motion by Antil, seconded by Henry-Neaton to authorize Bolton & Menk to prepare the plans and specifications for the Franklin Avenue and 1st Street S. projects. Carried 5-0.
Glienke also requested approval for the preparation of plans and specifications for the lift station in the Arcon Development. This will be done as a public bid and city project. It will be funded from the watermain and sanitary sewer trunk charges paid by Arcon Development, Inc.
Motion by Olson, seconded by Antil to authorize Bolton & Menk to prepare the plans and specifications for the lift station in the Arcon Development. Carried 5-0.
The proposed storm water utility ordinance will be formulated for Waverly and presented at the October 14, 2003 council meeting.
The proposed sewer access policy will be formulated for approval at the October 14, 2003 council meeting. Minutes
The minutes of the August 8, 2003 Council Work Session were presented for approval.
Motion by Hausladen, seconded by Antil to approve the August 8, 2003 Council Work Session minutes as presented. Carried 5-0.
The minutes of the August 12, 2003 Regular Council Session were presented for approval.
Motion by Hausladen, seconded by Henry-Neaton to approve the August 12, 2003 Regular Council Session minutes as presented. Carried 5-0.
The minutes of the August 20, 2003 Joint Session with the Economic Development Authority and the Planning Commission were presented to the council for approval.
Motion by Hausladen, seconded by Bush to approve the August 20, 2003 Joint Session minutes as presented. Carried 5-0.
The minutes of the August 25, 2003 Special Session were presented for approval.
Motion by Olson, seconded by Antil to approve the August 25, 2003 Special Session minutes as presented. Carried 5-0.
The minutes of the August 28, 2003 Public Hearing and Special Session were presented for approval.
Motion by Henry-Neaton, seconded by Hausladen to approve the August 28, 2003 Public Hearing/Special Session minutes as presented.. Carried 5-0. Accounts Payable
The accounts payable was presented in the amount of $40,764.46.
Motion by Hausladen, seconded by Bush to approve the accounts payable in the amount of $40,764.46. Carried 5-0. Maintenance Report
Parks Superintendent Jim Woitalla presented the Maintenance Report in the absence of Maintenance Supervisor John Rassat. Rassat was absent due to vacation.
Woitalla reported that the maintenance department has been planning a second exit from the City Clerk‚s Office but they have experienced difficulty in determining a location. This is due to the arrangement of the back of the office and the proposed location would exit into the restroom in the fire station. Due to safety and fire escape issues, the council would like the office renovated with an exit window or door in the Clerk‚s office.
Woitalla reported that the Waverly Park Commission has not been able to conduct official business at their meetings due to a lack of a quorum. The Commisison member that is the Planning and Zoning representative has been unable to attend meetings.
The council suggested that the Park Commission ask the Planning Commission to send another representative while the current member is unable to attend meetings. Planning and Zoning Report
Gil Gilchrist, New Beginnings was present at the meeting to request approval of a variance application. The variance, if approved, would allow the facility to expand its dining facilities. The addition, if approved, would extend to the west. A variance is needed because of the right of way line that runs through the property. A 16 foot variance is needed in the front yard to accomplish the project.
A public hearing was conducted by the Planning Commission on September 4, 2003. The Planning Commission has issued a recommendation for approval to the council for consideration.
Motion by Olson, seconded by Antil to approve the variance request as proposed by New Beginnings. Carried 5-0.
A variance application was submitted by Arvola Homes for the property located at 6070 1st Street S. The variance, if approved, would allow the addition of a deck attached to the residence that would extend within 2 feet of the neighboring property.
The Planning Commission conducted a public hearing on September 4, 2003 to consider the variance application. The Planning Commission has submitted a recommendation for denial of the variance to City Council. The denial is based upon the criteria for granting a variance that was not met in this situation.
The Planning Commission recommended that the applicant consider purchasing the adjacent lot to accomplish the project or consider the construction of a walkway rather than a deck.
Motion by Bush, seconded by Hausladen to deny the variance request of Arvola Homes for the property located at 6070 1st Street S. based upon the recommendation from the Planning Commission that the criteria for granting a variance was not met. Carried 5-0. EDA Report
Ken Hausladen reported that the Economic Development Authority reviewed their proposed 2004 budget and levy. They were able to determine that the levy formula is mandated by statute.
A future tax increment financing discussion will take place following research of state funding programs for businesses. Park Layout Plan
The concept for park improvements and a preliminary layout plan was submitted to the council for review. It was suggested that Barry Glienke prepare a computer generated layout plan for the council‚s review along with estimated costs for improvements. The council will then consider a 5 year financial plan. Glienke was authorized to proceed with the layout and cost estimate. Truth in Taxation Hearing Dates
The council scheduled the initial truth in taxation hearing for December 3 , 2003 at 7:00 p.m. If necessary, the council will reconvene at 7:00 p.m. on December 10, 2003 to continue the hearing. 2004 Proposed Budget/Levy
The council will reconvene the council meeting on Thursday, September 11, 2003 at 4:30 p.m. to consider approval of the proposed 2004 budget and levy. Meeting with Ridgeview Clinic Representatives
Representatives of the Ridgeview Clinic would like to meet with a council committee to discuss the community‚s medical needs.
The meeting date was tentatively scheduled for September 22, 2003 at 4:30 p.m. Council Members Henry-Neaton and Antil will participate in the meeting. MLS Report
Motion by Olson, seconded by Hausladen to approve the August 2003 Municipal Liquor Store Report. Carried 5-0. Carrigan Meadows
Ryan Gideon, Westwood Engineering has requested that the council consider the vacation of an easement in phase one of Carrigan Meadows. The plans for the stormwater pond were modified outside of the easement with the first phase and the second plat will require a new easement. The plat for the 2nd Addition cannot be recorded until the easement is vacated.
City Attorney Young advised the council not to act on the easement vacation and to schedule a public hearing for October 14, 2003 as street and easement vacations require a public hearing. Village Hall Public Information Meeting
The council scheduled a public informational meeting regarding the Village Hall which will include presentations on the plans from Wold Associates and tax impact information from Ehlers & Associates. The meeting will be held on October 9, 2003 at 7:00 p.m. at the Waverly Village Hall. Clerk Ryks was directed to post the meeting in the newspaper and on the electronic sign. Acknowledgements/Recognition
There were no acknowledgements or recognitions made. Adjournment
Motion by Bush, seconded by Hausladen to recess and reconvene the meeting on Thursday, September 11, 2003 at 4:00 p.m. Carried 5-0. _________________________
________________________ Deborah Ryks, Clerk
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