City of Waverly Minutes

Summary of Council Action
September 11, 2002 Regular Council Meeting

Sept. 11, 2001 Memorium
A moment of silence was observed in memorium of the Sept. 11, 2001 WTC disaster.

City Engineer
A meeting is scheduled for Sept. 18 at 7pm to discuss the results of the drainage study in the Summerfields Development with residents of Summerfields.

Gary Olson and Ken Hausladen will attend the meeting as representatives of the council.

A capital improvement plan can be done by the engineers for either a 5 year or 10 year time frame to plan for infrastructure improvements. The plan, once established, could be amended annually. A cost estimate for the development of a capital improvement plan by Bolton & Menk is $5,000. The plan would include the schedule of projects, cost estimates, and funding including bonding.

The council approved the hiring of Bolton & Menk to establish a 5 year plan. If the cost will exceed the estimate, it will be brought back to the council. The engineers will meet with city staff to begin work on the plan.

It was reported that the Arcon and Summerfields developments are working on completing the utility pipe installation and will work on street construction soon. Arcon Development will market phase one residential lots in mid October.

Waverly Fire Department, Inc.
Fire Chief Karels was present at the meeting to discuss annual fire protection rates. He informed the council that the rates will need to increase from $85 per year per parcel to $100 per parcel annually due to the departments purchase of a new rescue van. The council approved of the increase in fire protection rates.

Jim Peterson-Lakes Realty: Proposed Purchase Agreements
Hirsch Investments, Inc. has proposed to purchase lots 1-6, block 2 Waverly Railroad Addition. They plan to construct a multi use facility that may include a beauty salon, Hirsch Builders Office, Office Suites, and possibly retail and food businesses. The purchase agreement includes a contract for deed financing on lots 1, 4, 5, 6 and cash on lots 2 & 3. Cash down at closing will be $34,000. The balance will be paid as interest only payments with a 1 year balloon payment. The interest rate is 7%. The buyers are requesting permission to perform earth moving work and tree clearance prior to the payoff of the contract for deed to prepare the area. The purchase agreement includes a contingency that soil testing proves that the soils are not contaminated and that an easement for the sewer main that runs through lot 4 is recorded. The total price is $96,000 for the six lots. A possibility of $10,000 may be rebated upon development and final inspection. This is $2,000 per lot except for lot 4 since this lot is unbuildable. If the rebates are applicable, the final price will be $86,000. The maximum WAC & SAC fees are $10,000. The council approved the purchase proposal and will proceed with closing within 45-60 days.

Tim Stasson and Sandy Gardner have submitted a proposal for lot 1, block 5. The buyers proposed to construct a retail carpet/home interior store. The city will pursue a deed for the area that the electronic sign sits on. An agreement/easement will be created for access to the sign for maintenance. The purchase agreement includes the condition that the property can be accessed by 4th Street. The buyers are interested in acquiring the lot to the west which is currently owned by MN Dot. When the city acquires the lot, they will agree to sell it to the buyers of lot 1, block 5 for city costs. A $2,000 storm sewer assessment applies to lot 1 and will apply to the west lot when purchased. SAC & WAC will apply to each lot as well as the development conditions.

The council approved the purchase proposal for lot 1, block 5 Waverly Railroad Addition with the conditions as discussed.

Minutes
The minutes of August 6 Liquor Committee, August 9 Council Work Session, August 13 Regular Council, August 21 Special Session, and August 27 Joint Work Session were approved.

Accounts Payable
The accounts payable was approved in the amount of $78,108.85.

Maintenance Report
Maintenance Supervisor Rassat reported that he is obtaining prices for the purchase of a new plow truck. The Maintenance employees will attend an expo at the St. Cloud Public Works facility to look at vehicles. The equipment purchase is included in the proposed 2003 budget. The time frame for delivery once the truck is ordered is 8 weeks. A wing, plow, and sander will be included on the new truck.

Rassat reported that well no. 3 tested positive for coliform bacteria. The property owners in Waverly Terrace were noticed of the test results. The residents were informed today that after chlorination of the well, the re-test results reflected that the water is at acceptable levels.

Park Supt. Woitalla reported that the unstable dirt from 1st Street S. has been hauled to the Park. Dirt work and seeding will take place in the park this week. The Park Commissioners discussed parkland areas in pending developments being at low levels. A trail system plan is being prepared for the City of Montrose and the City Planner is looking for input from the City of Waverly so that future trail systems in Montrose and Waverly do not conflict with each other. Wright County is also working on a county wide trail plan. It was suggested that the west side of the Railroad Park be supplied with picnic tables and grills as some residents are bringing their own tables and grills in order to utilize the park area.

Planning and Zoning Report
A public hearing was held regarding the variance application of Craig Smith, 5661 Dempsey Avenue. The variance, if granted, would allow the property owner to replace the existing cabin with a permanent home. The cabin was destroyed by a mudslide that accompanied the June 24 storm. The Planning Commissioners have recommended approval of the variance application as submitted.

The council approved the variance request for 5661 Dempsey Avenue.

The Planning Commissioners will review a model noise ordinance at their September 19 Work Session.
The Planning Commission submitted a recommendation to the council for the appointment of Barb Wendel to the vacated position of Cathy Thisius. The term will expire on 12/31/2002.

The council appointed Barb Wendel to the Planning Commission.

Planning and Zoning Liasion Duske reported that he reviewed the property at 1603 North Shore Drive for the possible placement of a modular home. This property is too low to accommodate a modular home and is also too narrow to meet setback requirements. There is also a high water table on this property. Duske looked at property on Little Waverly Lake that the property owners may want to annex. This property appears to be at a low elevation. It also appears due to the location of a property stake that the DNR has a 15-20 ft easement in between this property and the channel.

Duske notified a contractor working at 5639 Dempsey Avenue that a demolition permit or building permit is needed for work being done to the cabin. The cabin was lifted off its foundation by a contractor. Clerk Ryks reported that a building permit has been applied for. The cabin will be replaced once foundation work is completed.

2003 Proposed Budget/Levy
The proposed budget for 2003 was considered. The total budget is $1,041,789 and the water-sewer-refuse budget is $328,350. The proposed levy amount is $227,054 and is a 5% increase.

The council adopted Resolution 02-09 approving the proposed 2003 budget and levy.

Administrative
Clerk Ryks requested permission to start the application process to the National Flood Insurance Program. This would include making application and holding a public hearing to consider the adoption of an ordinance. Participation in this program would provide residents the opportunity to purchase flood insurance.

The council gave Ryks authorization to begin the application process for the NFIP program.

MLS Report
The August 2002 MLS report was adopted.

Annexation Proposal
Jim Peterson, Lakes Area Realty was present at the meeting to present an annexation request on behalf of property owners of 53 acres which is adjacent to North Shore Drive. Utility installation in this area would be a major undertaking. Utilities would have to be routed from CSAH 8. The property could be annexed but development would not be viable for a 5 year time frame. If the property is annexed, the city would have control over the development. Water could be installed around the lake with utility extension to this property. A WWTP Plant and Water Tower may need to be located in this area on the north side of the community. The council is not opposed to the annexation but wants more information on the extension of utilities. The Planning Commission should review this proposal for annexation.

Adjournment
The meeting was adjourned at 8:55 p.m.

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