City of Waverly Minutes

October 11, 2005 Regular Session Pursuant to notice and call the Waverly City Council met in regular session at 7:00 p.m. on Tuesday, October 11, 2005 in the council chambers of Waverly City Hall. Those in attendance were Mayor Bush, Clerk Ryks, and Council Members Antil, Olson, Henry-Neaton, and Hausladen. Maintenance Supervisor John Rassat, Parks Department Superintendent Jim Woitalla, Planning and Zoning Liaison Adrian Duske, Planning and Zoning Member Craig Smith, Economic Development Authority representative Robert Winters were also present at the meeting. Curt DesMarais, Chelly Hirsch, Tim Stasson, David Rice, Jim Peterson, Ray Williams, and Mike Olson were also present at the meeting. Agenda The agenda was approved by consensus of the council members. Waverly Lions-Charitable Gambling License Renewal Motion by Antil, seconded by Hausladen to adopt Resolution 05-10 approving the renewal of the charitable gambling license held by the Waverly Lions Club. Carried 5-0. Waverly Lions-Special 1-4 Day On Sale Liquor License An application for a special 1-4 day permit for the sale of liquor on the premises for a special event planned to be held at the Waverly Village Hall on October 29, 2005 was reviewed. The Waverly Municipal Liquor Store will provide a bartender and is listed on the application. Motion by Olson, seconded by Hausladen to approve the license application as submitted by the Waverly Lions. Carried 5-0. Resolution 05-10-2-Orderly Annexation – Douglas Property The draft Joint Resolution for Orderly Annexation of the Douglas property that was presented to Woodland Township at a joint meeting held on October 3, 2005 was revised as discussed with Woodland Township. The land is currently owned by WDD Properties I and WDD Properties II. Jim Peterson and Ray Williams, Trail Head Development have requested annexation based upon a purchase agreement which is contingent upon the annexation of the property. A letter was received from City Attorney Rhonda Pagel dated September 13, 2005 that stated that since there are no documents indicating that the sale of the property is still in litigation that the city may proceed with the annexation. Mayor Bush stated that the City Attorney has advised the city that a developer with a purchase agreement contingent upon annexation may request annexation. The joint resolution for orderly annexation will include the actual property owner’s name or all parties with an interest in the property such as an owner subject to a contract for deed agreement. Motion by Henry-Neaton, seconded by Olson to adopt Resolution 05-10-2 approving the annexation of land as presented in the resolution. Carried 5-0. Land Development Plans-Waverly Railroad Addition Curt DesMarais was present at the meeting on behalf of Tim Stasson, Waverly Flooring and Design and Joe DesMarais, Lazy J Sales to discuss land development plans with the council. DesMarais reported that a quiet title action is still pending on the lots that were sold to Tim and Sandy Stasson and Joe DesMarais. He also stated that Joe DesMarais received a letter from the Minnesota Pollution Control Agency regarding the remediation of contaminated soil on the property. The council explained that the city’s intention was for the promotion of development of the land and not speculation. An estimated time frame for development of the property was given for the spring of 2006. The council asked that copies of the legal work on the pending quiet title action be provided to the city. DesMarais informed the council that the development will occur once the quiet title action is completed. Chelly Hirsch, Hirsch Investments was present at the meeting to discuss the pending development of lots 4-6, block 2. A utility easement on lot 4 needs to be vacated. The vacation of the easement will be considered at tonight’s meeting following a public hearing. Hirsch also has a concern regarding drainage problems and correction by the installation of curb along the highway frontage of lot 6. The State of Minnesota did not continue the curb installation in this area with the highway 12 reconstruction project in 2001. Hirsch has been working with City Engineer Glienke to work with the Minnesota Department of Transportation for the accomplishment of the curb installation This matter will be tabled until the November 8, 2005 council meeting so that City Engineer Glienke may provide a status report after contacting the State of Minnesota. Public Hearing-Easement Vacation The public hearing was opened at 7:15 p.m. There were no parties present wishing to speak in favor or in opposition of the proposed utility easement vacation on lot 4, block 2 Waverly Railroad Addition. Adrian Duske asked about Scott Ogle Trucking as a utility easement currently runs through lot 5, block 1 Waverly Railroad Addition. The council stated that the property owner would need to request a utility easement vacation if applicable on the property owned by Scott Ogle Trucking. There is still an easement in place for the sewer force main on the Hirsch property. The easement vacation is due to the relocation of water and sanitary sewer lines. The public hearing was closed at 7:20 p.m. Resolution 05-10-3 was presented vacating the utility easement on lot 4, block 2 Waverly Railroad Addition. Motion by Olson, seconded by Antil to adopt Resolution 05-10-3 as presented. Carried 5-0. Spring Meadows Mike Olson, Veritas Development Corporation was present at the meeting to present a revision of the final plat for phase one of Spring Meadows. The final plat was revised to include 17 lots in the first phase of development. The development agreement is also proposed for approval contingent upon City Engineer and City staff approval. The Planning Commission has recommended approval of the final plat and development agreement for the Spring Meadows subdivision. The Park Commission has reviewed and approved the plat for Spring Meadows with requested elevation changes and tree placements. Motion by Antil, seconded by Hausladen to accept the final plat with the stipulation that the City Engineer and staff provide approval of the development agreement. Carried 5-0. It was noted that the final park plan will be reviewed by the Park Commission on October 12, 2005. Raitor Property Annexation Due to a change in ownership from Creative Development and Real Estate Corporation to Veritas Development Corporation, Resolution 05-02-1 was revised to reflect the name change. Motion by Olson, seconded by Antil to readopt Resolution 05-02-1 with the name change to Veritas Development and tonight’s date for adoption. Carried 5-0. Wright County Sheriff A status report was given to the council. It was reported that traffic is being controlled on CSAH 9. 1-2 tickets on a monthly basis have been issued rather than 6-7 on a monthly average. The Summerfields development has been quiet recently. There was on call regarding a juvenile party at a residence. New residents have complimented the Sheriff’s department for efficient patrolling throughout the city. The Legion Park has been closed for the season and vandalism was down this season compared to previous years. City Engineer’s Report City Engineer Glienke forwarded a letter of recommendation to approve a reduction in the letter of credit to $100,000 for Summerfields 3rd Addition. Motion by Hausladen, seconded by Henry-Neaton to approve the reduction in the letter of credit for Summerfields 3rd Addition to $100,000 as recommended by City Engineer Glienke. Carried 5-0. A road layout change was made on the preliminary plat for Windgate at Carrigan Lake. This change was made due to an adjacent development in the City of Montrose so that a shared road would not be necessary. Both communities would prefer separate roads to serve the Waverly/Montrose developments. Motion by Henry-Neaton, seconded by Antil to approve the revised preliminary plat for Windgate at Carrigan Lake. Carried 5-0. Minutes The minutes of the September 9, 2005 Council Work Session were presented for approval. Motion by Hausladen, seconded by Olson to approve the September 9, 2005 Council Work Session minutes as presented. Carried 5-0. The minutes of the September 13, 2005 Regular Session were presented for approval. Motion by Antil, seconded by Hausladen to approve the September 13, 2005 Regular Session minutes as presented. Carried 5-0. The minutes of the September 26, 2005 Special Session minutes were presented for approval. Motion by Henry-Neaton, seconded by Hausladen to approve the September 26, 2005 Special Session minutes as presented. Carried 5-0. Accounts Payable The accounts payable was presented in the amount of $228,785.54. Motion by Antil, seconded by Henry-Neaton to approve the accounts payable in the amount of $228,785.54. Carried 5-0. Park Commission Parks Superintendent Woitalla reported that a parking lot addition was discussed for the Spring Meadows Park. Grading changes were made to the park land for open space creation. The developer is interested in having a gateway park that is located at the entrance into the development. Woitalla met with Mike Olson, Veritas Development and it was agreed that the developer will install a parking lot in the park to provide off street parking and pay for the costs associated with the parking area. The developer would like park development to be completed as far as tree planting and sod installation to help promote lot sales. Olson will prepay for the park improvements until building permits are issued. Planning Commission Planning and Zoning Liaison Adrian Duske was present at the meeting to give the Planning and Zoning report. Aaron Ketcher, 602 Atlantic Avenue submitted a variance application to construct an addition to his residence. The variance is necessary due to the irregular shape of his property. A variance, if granted, would allow a 14.5 foot front yard setback along 6th Street N. and a 20.54 front yard setback along Atlantic Avenue. A public hearing was held on October 6, 2005 to consider the variance application. A positive recommendation was made by the Planning Commissioners for approval of the variance. There were no objections made to the variance application submitted by Aaron Ketcher. Motion by Henry-Neaton, seconded by Olson to approve the variance application as recommended by the Planning Commission for the property located at 602 Atlantic Avenue. Carried 5-0. A public hearing was conducted on October 6, 2005 to consider the adoption of a new land use map and amendments to the Waverly Zoning Ordinance including the incorporation of interim uses and the establishment of new residential zone district regulations. There is further review needed prior to adoption of the land use map but the Planning Commissioners are interested in moving forward with the zoning amendments for interim uses and new zone district regulations. There was confusion regarding the adoption of the zoning changes prior to action on the land use map. The Planning and Zoning Secretary informed Clerk Ryks that the entire matter was tabled. Discussion followed regarding the need for additional time for the council to review written material specifying the changes to the Zoning Ordinance. A written recommendation of the changes and the language was provided by Planning Commissioner Smith. The document had previously been submitted to the council at a joint committee meeting. It was decided that the zoning changes would be acted upon with a written zoning amendment to be prepared following the meeting. Motion by Antil, seconded by Hausladen to approve the text changes to the Waverly Zoning Ordinance with the understanding that the land use map will be considered at a future meeting pending further review by the Planning Commissioners. Carried 5-0. Continental Great Sign Company submitted a plan for a development sign for the entrance to Windgate at Carrigan Lake being developed by the Lachermeiers. The Planning Commissioners asked that Waverly, Minnesota be incorporated into the sign design. The sign’s dimensions are 8’ x 12’ The Planning Commissioners have asked for written approval of the sign plan change from Continental Great Sign Company. Duske informed the council that a potential water flow problem may exist along CSAH 8. This matter will be discussed with city staff and the City Engineer. A recommendation was made at the October 6, 2005 Planning Commission meeting to send letters to residents that are nearly surrounded by the Waverly corporate boundary due to recent annexation activity and to advise them of the possibility of annexation into the city limits in the future. Council Member Antil suggested that the letter be worded very carefully so that residents are aware that the city’s intention is merely informational and the present council will not force property annexations. Motion by Antil, seconded by Olson to notify township residents by means of correspondence as discussed. Carried 5-0. EDA Report Bob Winters reported that the closing was held on the 2.7 acre parcel of land in the Waverly Industrial Park. The 2006 budget report was approved. Maintenance Report Maintenance Supervisor Rassat reported that he is interested in hiring Gerald Gongoll as a temporary maintenance employee. Gongoll is available to work on an as needed basis to assist with snow removal and lawn mowing duties. Gongoll is able to help with emergency work as well until he retires in February 2006. He is able to work on a temporary basis. The maintenance work load has become too heavy for current staff with additional roads/parks. Gongoll may also be available for on call duty on an annual basis. The Council agreed with the hiring of a temporary employee for maintenance work on an as needed basis. Rassat reported that the sewer lining project is progressing well. The procedure is an impressive way to improve the condition of sewer lines. Rassat reported that during his search for a new dump truck, he was informed by automobile dealers that most of the new trucks are being shipped to Louisiana to provide replacement vehicles due to the great loss with the hurricane disaster. Rassat has been unable to locate a used truck with the specifications needed. He also obtained information that the state bid purchase program is limited to new vehicles. At this time, Rassat has decided to put the truck search on hold until the Spring of 2006. Parks Superintendent Woitalla reported that Legion Park has been closed for the winter. Carrigan Estates Park and Summerfields Park have been seeded. Re-leveling at Legion Park is not completed due to wet weather. Charlie Borrell has donated his time to accomplish this project. Woitalla met with Mike Olson, Veritas Development Corporation regarding the Spring Meadows Park and he will provide information regarding park improvements to the Park Commission at their upcoming meeting. Community Liaison Clerk Ryks provided additional new resident information to Pam Henry-Neaton. There were no visits conducted this last month. Closed Meeting Summary A summary of the closed session conducted on September 29, 2005 was read aloud by Mayor Bush. Quarterly performance evaluations were conducted with City Clerk Ryks and Parks Superintendent Woitalla during the closed meeting. Joint Resolution for Orderly Annexation-Wichmann Resolution 05-10-1 was presented for the orderly annexation of 1.5 acres of property owned by John Wichmann. The property is located on Little Waverly Lake and is adjacent to CSAH 8. The property is currently used for recreational purposes only. Marysville Township approved the annexation on July 12, 2005. Motion by Antil, seconded by Henry-Neaton to adopt Resolution 05-10-1 approving the orderly annexation of the Wichmnann property. Carried 5-0. Public Hearing-Utility Assessments Motion by Henry-Neaton, seconded by Antil to schedule a public hearing for proposed utility assessments on November 8, 2005 at 7:15 p.m. Carried 5-0. Municipal Liquor Store Report Motion by Henry-Neaton, seconded by Olson to approve the September 2005 Municipal Liquor Store report. Carried 5-0. David Rice-Waverly Lions David Rice informed the council that the Waverly Lions may not hold the previously planned dance event on October 29. The application of on sale liquor will be forwarded to the state for approval in the case they decide to proceed with the event. Acknowledgements-Recognition Council Member Henry-Neaton recognized the Montrose -Waverly Chamber of Commerce for the community expo held on September 24, 2005. She also acknowledged John Konrath for helping with the City of Waverly booth and Clerk Ryks for compilation of the photo album of community projects that was used at the expo. Other Business A reminder was given for the Methamphetamine presentation which is scheduled for October 19, 2005. The presentation will be made by the Wright County Sheriff’s Department. A training session for the Neighborhood Watch program will follow the presentation. A reminder was noted that the Firemans Appreciation dinner is being held on Saturday, October 15, 2005. Adjournment Motion by Bush, seconded by Antil to adjourn the meeting at 8:20 p.m. Carried 5-0. __________________________ ___________________________ Deborah Ryks, Clerk Charles Bush, Mayor

Back to Reference Menu Announcements | City Officials | General Info | Community Info | Location | Contact Info | Home