City of Waverly Minutes

CITY OF WAVERLY CITY COUNCIL MINUTES September 10, 2008 Regular Session Pursuant to notice and call the Waverly City Council met in regular session at 7pm on Wednesday, September 10, 2008 in the council chambers of Waverly City Hall. Those in attendance were Mayor Ken Hausladen, Clerk Deb Ryks, and Council Members: Ken Antil, Deb Hausladen, Gary Olson, and Pam Henry-Neaton. Agenda Motion by Ken Antil, seconded by Gary Olson to approve the agenda as presented. Carried 5-0. Requests from the Public There were no public requests offered at the meeting. Acknowledgments/Recognition/Announcements There were no acknowledgements, recognition, or announcements made at the meeting. Building Inspection Report Building Inspector Rob Beckfeld was unable to attend the meeting but conveyed to Clerk Ryks that there is low building permit activity. There were 8 permits issued in the month of August including decks and reroof projects. Municipal Liquor Store August Financial Report Manager Wanda Tussing reported that the profit for the month of August was $5,613. There is a year to date loss of $6,936. The council informed Tussing that they would like to meet with liquor store management prior to the final levy certification. Tussing advised the council that she will be raising prices to meet the financial needs of the Municipal Liquor Store. It was reported that the Customer Appreciation event was successful. The annual Car Show event went well but was not as well attended as the previous year. Motion by Pam Henry-Neaton, seconded by Gary Olson to adopt the August 2008 Financial report. Carried 5-0. Parks-Ryan DeMars Park Commission Chairman Ryan DeMars reported that memorial benches are installed in Legion Park. 4 grills have been installed at Legion Park. There are two memorial bench dedications for placement in Railroad Park. Maintenance Supervisor John Rassat reported that the development in Waverly Terrace is progressing with the wildflowers being planted today along the bank. The dock is scheduled to be installed next year. The easement approach has been installed. Silt fencing will be left through the winter to preserve the area for spring completion. Planning Commission-Connie Holmes Connie Holmes was present at the meeting to give the Planning Commission report. She reported that Mary Ellen Nichols,1105 North Shore Drive addressed the Planning Commissioners regarding plans for building alterations to her residence. The Planning Commissioners determined that a variance would not be needed but a building permit would be required. A public hearing was held to consider a variance application submitted by Robert Rosetter for the property located at 1307 North Shore Drive. The variance, if approved, would allow the demolition of the existing garage and construction of a new garage that would encroach approximately 4 feet into the road right of way. The proposed location is 32 feet from the center line of North Shore Drive. The existing building encroaches 16 feet into the road right of way. The Planning Commission has issued a recommendation to the council for approval of the variance application. Motion by Ken Antil, seconded by Pam Henry-Neaton to approve the variance application for the property located at 1307 North Shore Drive. Carried 5-0. Proposed Ordinance 08-04 for the regulation of rental dwelling units was presented to the council. Connie Holmes reported that additional comments were heard by the Planning Commission from Jeff Vogt who objected to the inspection requirements and the cost of the license. The draft ordinance was reviewed by the council and no changes have been proposed. Jeff Vogt and Terri Gibbs were present to address the council regarding the passage of the Rental Dwelling Unit Ordinance. They own several rental properties and object to the proposed regulations. Motion by Gary Olson, seconded by Pam Henry-Neaton to adopt the ordinance. Motion failed. Motion by Ken Hausladen, seconded by Ken Antil to table the ordinance adoption until the October Council meeting. Carried 5-0. Discussion followed. Council Member Gary Olson stated that he has reviewed the ordinance and feels there is protection for rental property occupants and property owners. The city needs to cover building inspection cost with the proposed fee schedule. Vogt stated that the ordinance will have an impact on local rental property owners who manage their properties without complaints from the renters. Jeff Vogt stated that there are many stipulations in the ordinance. Isolated instances should not require an ordinance. He polled other Wright County cities regarding the existence of rental ordinances and fees established for rental ordinances. 3 out of 12 cities require licensing and fees. The regulations may cause hardship to rental property owners. There are only 3 cities with rental ordinances. He reported that the City of Buffalo only registers rental property owner names for contact purposes in the case of problems. He also stated that Section 8 is less restrictive than the proposed rental ordinance. Vogt does not see a need for an ordinance. Inspection is required once every five years. He asked the council to consider inspection based on public complaints or complaints by rental property occupants. The city could maintain a list of rental property owners in the Clerk's Office. A listing of non-homestead properties from Wright County would be a starting point to develop a database of rental properties and owners. The council members discussed revising the ordinance to state that complaints would be reported to the Wright County Sheriff and a determination would be made upon an initial property assessment by a Wright County Sheriff's Deputy if the property will be referred for inspection. The property owner would be required to be present for the Sheriff's property assessment.. The license fee would be based on staff time to maintain license records. The inspection cost would be collected if the need for the inspection is determined. There would be a one time license fee unless the property is sold. The Clerk will calculate the administrative cost for license issuance. The $35 inspection fee will remain in place as the city will need to cover its costs borne for the building inspector. A $10 license fee was suggested. An initial inspection would not be required. There will be no renewal fee unless the property is transferred and a new license would need to be issued. This matter will be discussed at the October council meeting. The revisions to the ordinance will be prepared by the Clerk as well as the calculation of the administrative costs. Clerk Ryks will request a non-homestead listing from the Wright County Assessor's list to establish a rental property database. Waverly Economic Development Authority Economic Development Authority President Connie Holmes was present to give the monthly activity report. She reported that Citizens State Bank of Waverly employee Jason Fink was accepted as a new member with the term expiring on December 31, 2010. Motion by Gary Olson, seconded by Ken Antil to appoint Jason Fink to the Economic Development Authority with a membership term expiration date of December 31, 2010. Carried 5-0. She reported that the committee reviewed preliminary community survey results. A report will be given at the October Council meeting. The survey respondents were mostly from persons living here less than five years. New residents made up most of the survey results. The top concerns were high taxes, high utility bills, and weeds. The top rated city services were fire protection, snow removal, and street maintenance. The highest rated complaints about city services included animal control and specifically stray cats. There were comments made regarding the desire for no new housing. Suggestions were made regarding the researching of grants for the city, and the attraction of commercial development and new business to the city. Holmes reported that she is conducting preparation for the comprehensive planning project. The EDA plans to interview Northwest Associates and Municipal Development Group. She inquired whether the council and other city committees should be involved in the interviewing process. The council suggested that all committees including the council should participate in the process. A tentative joint meeting date was set for October 27, 2008 to conduct the consultant interviews. Maintenance Report-John Rassat Maintenance Supervisor John Rassat reported that the crack seal on North Shore Drive is scheduled to be done in September. Rassat reported that maintenance staff have been cleaning up garbage and construction materials in the Carrigan Estates development. A dumpster was ordered. The concrete is being recycled. An invoice will be sent to the developer for the dumpster cost. Barry Glienke-City Engineer City Engineer Barry Glienke reported that he is waiting for a response from the developer on the revisions to the development agreement for the Spring Meadows subdivision. Glienke advised the council that applications are due on November 21, 2008 for the Safe Trails for Communities grant. The council had expressed an interest in the grant program previously. Montrose received a grant award last year. John Rassat will attend a meeting in St. Cloud on Oct. 3, 2008. Council Member Pam Henry-Neaton may attend the meeting as well. The estimated engineering cost to prepare the grant application is $7,500. Barry Glienke will bring back a firm cost estimate as well as a sample application. John Rassat reported that a silt fence complaint was made from a resident on Douglas Drive as to downed silt fencing in the Summerfields development. Barry Glienke sent a letter to the developer regarding final punch list items including the removal of silt fence throughout the development. Time for compliance is 30 days. Rassat asked that the city also send a letter regarding the silt fence removal. Clerk Ryks will send a letter to the developer referencing the City Engineer's letter. City Engineer Glienke reported that curb and gutter and bituminous will be installed on 6th Street next week. Wright County Sheriff's Department A Wright County Sheriff's Deputy was not present at the meeting. John Rassat stated that he intends to report vehicle tracks made on 5th Street. Council Member Ken Antil stated that this matter was reported to the Sheriff's office as it occurred following the car show event. Minutes The minutes of the August 7, 2008 Work Session were presented for approval. Motion by Olson, seconded by Antil to approve the August 7, 2008 Work Session minutes as presented. Carried 5-0. The minutes of the August 12, 2008 Regular Session were presented for approval. Motion by Henry-Neaton, seconded by Antil to approve the August 12, 2008 Regular Session minutes as presented. The minutes of the August 27, 2008 Budget Work Session were presented for approval. The minutes will be corrected to reflect that Council Member Henry-Neaton abstained on the vote to contribute $350 to the Initiative Foundation. Motion by Olson, seconded by Antil to approve the August 27, 2008 Budget Work Session as presented. Carried 5-0. Accounts Payable The accounts payable was presented in the amount of $63,232.96. Motion by Henry-Neaton, seconded by Antil to approve the accounts payable in the amount of $63,232.96. Carried 5-0. Welcome Packet Report There were no welcome packets delivered this month. The Royalty Committee will assume the assembly and delivery of the welcome packets. The Royalty Committee will be paid $50 for creating new packets and mailing out letters to businesses toward year end. Law Enforcement Contract Amendment The law enforcement contract was amended to reflect that 4 hours per day of police protection will be provided throughout the entire year without increasing hours during the summer. Motion by Antil, seconded by Henry-Neaton to approve the law enforcement contract amendment. Carried 5-0. Resolution 08-09-Proposed Budget/Levy The proposed 2009 budget and levy was prepared based on a 60 percent tax rate. The proposed levy amount may be reduced on the final levy. The proposed budget for 2009 is $923,561. The proposed budget for enterprise funds is $871,244. An 18 percent levy increase is proposed. The tax levy amount is $945,000. Motion by Ken Antil, seconded by Gary Olson to adopt Resolution 08-09 adopting the proposed budget/levy. Carried 5-0. Truth in Taxation The Truth in Taxation hearing dates were suggested for December 8 and December 15. The continuation hearing date will be cancelled if it is unnecessary. The council will schedule a final levy adoption hearing date separate from the December council meeting. Motion by Ken Antil, seconded by Hausladen to set the initial truth in taxation hearing for December 8, 2008 at 7pm and the continuation hearing, if necessary for December 15, 2008 at 7pm. Carried 5-0. Summary of Closed Session City Attorney Pagel submitted the minutes of the August 26, 2008 Closed Session which were included in the council packet. Chamber Expo Work Schedule The Montrose-Waverly Chamber Expo is being held on Sept 2008. Ken Antil, Ken Hausladen, and Connie Holmes will work in the city booth. New Business There were no new business items to discuss. Adjournment Motion by Olson, seconded by Antil to adjourn the meeting at 8:30 p.m.. Carried 5-0. ________________________ _______________________ Deborah Ryks, Clerk Ken Hausladen, Mayor

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