City of Waverly Minutes

October 12, 2004 Regular Session Pursuant to notice and call the Waverly City Council met in regular session at 7:00 p.m. on Tuesday, October 12, 2004 in the council chambers of Waverly City Hall. Those in attendance were Mayor Bush, Clerk Ryks, and Council Members Hausladen, Olson, Antil, and Henry-Neaton. Agenda The agenda was amended with the addition of item 11.f. Water Tower Painting Quotation, and 8.a. Settlement with Backes Companies. The agenda was approved as amended by consensus of the council. Noel LaBine-Wright County Economic Development Partnership Noel LaBine, Wright County Economic Development Partnership was present at the meeting to give an overview of the Economic Development Partnership of Wright County. LaBine informed the council that their mission is to try to create more jobs in Wright County. They also act as an information resource. They recently participated in a project that created a map with a listing of fees for development including various cities. The group also sponsors business seminars. They also participate in events such as golf tournaments for attendance by developers, city officials, and business people from Wright County. LaBine provides assistance to local Economic Development Authority groups and he can provide information on specific topics. LaBine stated that the specific purpose of the group is to market Wright County. He distributed a brochure to the council that includes a listing of activities conducted by the Wright County Economic Partnership. LaBine is attending council meetings within Wright County to provide information on the committee‚s activities. Requests from the Public Tom Jacques, 510 Franklin Avenue was present at the meeting to address the council regarding the concrete work on Franklin Avenue. Jacques is concerned that the sidewalk and driveway concrete has not been poured and he cannot access his driveway. The cement contractor has not completed the work and he is concerned about disabled relatives that have experienced hardship in accessing his residence. City Engineer Glienke asked that council approve the hiring of Roger Remer to complete the concrete work at 510 Franklin Avenue. This would be subtracted from the project contract as it has become a liability issue. Motion by Antil, seconded by Hausladen to hire Roger Remer do the work at 510 Franklin Avenue and subtract it from the existing project. Carried 5-0. Engineer Glienke will contact Remer tomorrow. City Attorney‚s Report The city received a letter from Backes Companies regarding acceptance of the city‚s previous settlement offer to collect park development fees with building permit fees for Summerfields 3rd Addition. The previous offer expired on August 6, 2004. If the city were to extend the deadline for acceptance of the offer, Dennis Backes has reconsidered and is willing to enter into an agreement with the city. The council also discussed the possibility of amending the current subdivision ordinance to collect park development fees with building permits. City Attorney Young stated that park dedication laws are strict. The city could keep the existing ordinance in place but the city would need to do a study that sets forth a specific calculation of park fees. The Planning Commission could examine a basis for calculation of park development fees. Council Member Antil asked if the city could delete the park development fee section of the ordinance and adopt it as a city fee for collection with building permits. Young stated that this would not be a good idea because of a future challenge of the park development fee and cities are required to have a basis of fees and they must be found to be reasonable. Antil asked if park development fees were deleted from current ordinances, if the fee could be negotiated in the development agreement. Young stated that developers could still contest the development agreement and the city cannot withhold plat approval in accordance with the new statute. Young recommended that the city consider calculating park needs in a formal study. Motion by Olson, seconded by Hausladen that the City Attorney draft a letter to Backes Companies stating that the city will accept the proposal to extend the deadline of the previous settlement offer as requested. Carried 5-0. Ken Kutz-202 N. 4th Street City Engineer Glienke, Maintenance Supervisor John Rassat, and Ken Kutz met at 202 N. 4th Street and measured the lot dimensions. It was determined that the street right of way is within 10 feet of the existing building. The existing curb is on city property. The property needs to be fixed up. Engineer Glienke formulated a cost estimate for the installation of curb, the curb cut, driveway, and ramp. The city‚s share of the projects costs is $13,500. Maintenance Supervisor Rassat has recommended that the curb cut be changed and the southwest side of the project be done this year during the reconstruction project. Rassat wants to eliminate the proposed bump out curb for diagonal parking. The bump out style of curb was specified in the project plans. Rassat is proposing that regular curb be installed around the building. There is a 25 foot area adjacent to the sidewalk that would be included with project. One option would be for Kutz to install the concrete apron in front of the building with the curb work on the north side of the building along Elm Avenue being done at a later time. Kutz explained that he has waited for the CSAH 9 project for replacement of the existing apron which is unlevel. Kutz is mostly concerned with the driveway access in front of the building and that it be done at the present time. The curb installation along the north side could wait until a later date. Rassat informed the council that the probable cost for the installation of curb and gutter to the north corner of the property would result in a $1,000 addition to the project costs. This would be with the deletion of the proposed bump out curb and the installation of regular curb. Motion by Antil, seconded by Olson.to finish the curb and gutter on the west side of the building at 202 N. 4th Street to the northwest corner from CSAH 9 for a cost not to exceed $1,500 and eliminate the bump outs from the project plans. Carried 5-0. Beth Ilg , Request for a Kennel Permit Beth Ilg received a citation for permitting her dogs to run at large. She currently has 5 dogs, and is a foster family for the Humane Society. She has handicapped animals that are fostered. She was also cited for housing more than 2 dogs. Ilg would like to obtain a kennel permit from the city. She informed the council that they could contact the operational officer at the animal shelter for additional information on her foster care for handicapped animals. She does not want to give up any of her animals. Her dogs are vaccinated. She also has questions on other animals within the city limits and compliance with city ordinances. Mary Johnson advised the council that she has personally experienced problems with Ilg‚s dogs running at large. There have been alleged reports of Ilg‚s dogs biting people that are walking on North Shore Drive. She will do her best to keep her dogs on a leash but does not want to kennel them. Waverly residents have filed complaints about her dogs not being confined, and walkers have complained about her dogs. Ilg was told that she is responsible for controlling her animals. As far as other situations within the city, residents need to file reports about ordinance violations. The city does not have the resources to check on every animal in the city. Clerk Ryks reported that she reviewed information on State of Minnesota kennel licensing and Wright County‚s procedures for issuance of kennel permits. It appears that a state kennel license is not necessary as this permit process is for kenneling of abandoned animals that are picked up and confined temporarily and advertised for sale. The Wright County Planning and Zoning office advised Ryks that the county issues kennel permits for 4 dogs or more through their conditional use permit procedure. The current ordinance includes language requiring a special permit be obtained from the council to authorize the keeping of more than two dogs per household. City Attorney Young stated that the language could be interpreted as a requirement for a conditional use permit for a kennel and conditions can be put in place and tailored to each individual applicant. Jack Russek, Wright County Commissioner was present at the meeting and advised the council that the Wright County Planning Commission issues kennel permits but the conditional use is restricted to the Residential-Agriculture or General Agriculture zone districts. It was suggested that the Planning Commission consider the issuance of interim use permits for kennels and the permit would expire in 6 months. A renewal would be necessary and allow the Planning Commissioners to check on compliance at the time of renewal. It was decided that the request of Beth Ilg for a kennel permit will be referred to the Planning Commission for an application for an interim use permit. Ilg will be placed on the agenda for the November 4, 2005 Planning Commission meeting for this purpose. City Engineer‚s Report City Engineer Glienke presented an Odor Control Proposal in the amount of $44,000 for the main lift station. Glienke reported that operation and maintenance costs are estimated at $5,000 annually and would be paid from the sewer fund. Maintenance Supervisor Rassat stated that he is opposed to the pursuit of the proposed odor control program for the main lift. Rassat stated that there may be other alternatives to the problem that are less expensive. A spraying program could be pursued and there may be no additional operational costs associated with the spraying. Adrian Duske, 304 N. 2nd Street was present at the meeting and stated that he has experienced the odor at his residence from the main lift but does not think the city should pursue a costly program. This item will be placed on the agenda again in April 2005 for further discussion of the status of the odor control program. Engineer Glienke submitted Payment Request #2 for Randy Kramer Excavating for the CSAH 9 project in the amount of $210,712.49 Motion by Olson, seconded by Antil to approve payment request #2 for Randy Kramer Excavating in the amount of $210,712.49. Carried 5-0. Glienke presented Change Order #1 for Buffalo Bituminous for 1st Street/Franklin Avenue in the amount of $11,106. Motion by Hausladen, seconded by Olson to approve and authorize payment of Change Order #1 to Buffalo Bituminous for the 1st Street/Franklin project. Carried 5-0. Engineer Glienke presented Payment Request #4 for Buffalo Bituminous in the amount of $51,881.23 for the 1st Street/Franklin Avenue project. Glienke recommended that the council authorize the payment but hold payment until bituminous is placed on 1st Street S. Motion by Hausladen, seconded by Antil to authorize but stay the payment for Buffalo Bituminous in the amount of $51,881.23 until the first bituminous lift has been completed. Carried 5-0. Engineer Glienke asked that the city authorize the preparation of plans and specifications for the 2nd phase of the Capital Improvement Plan which includes 5th Street Reconstruction and sanitary sewer lining. Once the plans and specifications are completed, the bond process can be started. Maintenance Supervisor Rassat suggested that the council consider doing the sanitary sewer lining work next year and delay the street reconstruction until 2006. This is due to the large amount of construction experienced this year. The project could be included in the bonding but not commenced until 2006. Motion by Olson, seconded by Hausladen to authorize preparation of the plans and specifications for the 5th Street Reconstruction project. Carried 5-0. Once the plans are reviewed, the council can discuss the phasing of the project. The water tower painting quotation was revised as per the council‚s request. The reduction in cost is $11,400 for painting the logo on both sides of the tower. The council also requested to drop MN from the logo. Motion by Olson, seconded by Hausladen to reduce the cost of painting the Waverly logo on the water tower to $11,400 for both sides. Carried 5-0. Creative Curb is scheduled to be here tomorrow to install the curb on 1st Street S. Glienke discovered that in order to hire outside of the construction contract, the city would be required to terminate the general contractor, Buffalo Bituminous. A letter was sent to Buffalo Bituminous regarding non compliance with the contract completion date and due to the deadline expiration, liquidated damages will be charged at the rate of $750 per day. Dan Kelleher, 6771 County Road 8 S.W. submitted a letter regarding the annexation of the Ralph Douglas property consisting of 49.05 acres southwest of his property. Kelleher would like to receive notice of meetings in which the property development will be discussed. Clerk Ryks reported that Gloria Janikula, Woodland Township Clerk telephoned this morning and advised her that Ralph Douglas has not paid the township fee and township officials will not sign the resolution until such time as payment is received. Minutes The minutes of the September 9, 2004 Council Work Session were presented for approval. Motion by Hausladen, seconded by Antil to approve the September 9, 2004 Work Session minutes as presented. Carried 5-0. The minutes of the September 13, 2004 Regular Session were presented for approval. Motion by Hausladen, seconded by Olson to approve the September 13, 2004 Regular Session minutes as presented. Carried 5-0. Accounts Payable The accounts payable in the amount of $628,394.36 was presented for approval. Motion by Antil, seconded by Hausladen to approve the accounts payable in the amount of $628,394.36. Carried 5-0. Clerk Ryks informed the council that the large amount of accounts payable claims includes payments on construction contracts that were approved last month. Maintenance Report Maintenance Supervisor Rassat reported that he has received numerous inquries about the reason that the existing water tower cannot remain standing. He stated that the tower becomes dangerous when empty and cannot be filled and used in conjunction with the new tower because it is at a different elevation than the new tower. There are also liability issues involved. Rassat reported that he is in the process of obtaining prices for the demolition of the two tanks at the wastewater treatment plant. He is currently waiting for prices from Don Rettman and Ward Carlson for the demolition. He reported that he sold parts from the wastewater treatment plant. The sale proceeds resulted in sewer revenues of $6,000. Rassat reported that the north parking lot grading is done at the Municipal Liquor Store and bituminous overlay is planned on Friday, October 15 or Monday, October 18. Rassat will talk to Manager Gagnon about ordering and installing handicapped parking signs. Parks Superintendent Woitalla reported that is closing down the park this week for the winter season. He reported that the electrical line was run across CSAH 9 to Railroad Park today. Seeding is completed on the south side of Legion Park. The Montrose-Waverly Chamber of Commerce is planning an ice derby/fishing contest in January and they are interested in using the park. Woitalla will be attending a planning meeting for this event. The council agreed to the use of the park for this event. The building is not being utilized. Planning Commission Planning and Zoning Liaison Adrian Duske presented the Planning Commission report. Duske reported that the Planning Commissioners formulated an amendment to the Animal Ordinance. The amendment expands the ordinance for the regulation of farm animals. This was due to situation with horses. The Commissioners used a sample ordinance from another city to formulate the proposed amendment. The Planning Commission has recommended approval by the council for adoption of the ordinance amendment. Motion by Hausladen, seconded by Antil to table action on Ordinance 04-04 so that the language in the amendment may be reviewed. Carried 5-0. Duske reported that the downtown revitalization committee met. The group will meet again after January 2005. A Planning Commission subcommittee has met several times to discuss changes in lot sizing, the creation of an annexation policy, and addition of interim uses to the Waverly Zoning Ordinance. City Attorney Pagel was included in the last committee meeting to discuss proposed language. She suggested that the Planning Commission obtain a comprehensive planning map. The Planning Commissioners discussed the School District‚s operating levy referendum. The Commissioners issued formal support of a strong school system and betterment of educational opportunities. Economic Development Authority Bob Winters was present at the meeting to give the Economic Development Authority report. He informed the council that the EDA instructed Clerk Ryks to obtain information on an aerial photo of the city. Clerk Ryks contacted Mark Peterson to obtain pricing. The price for an aerial photo and CD is $450. Reproduction would need to be done by the city. Bolton & Menk are currently in the process of obtaining aerial photos of the city. The EDA met with David DeLude and conducted a purchase discussion of his property located at 405 Elm Avenue, adjacent to the Waverly Village Hall. Discussion was also held regarding funding options for property acquisitions with Catherine Jackson and Brian Matzke, Citizens State Bank of Waverly. Park Commission The council asked that City Attorney Rhonda Pagel write a letter of analysis and suggested future action regarding park development fees. The Park Commission will review and discuss this item at their regular meeting. Community Liaison Pam Henry-Neaton reported that she conducted 17 welcome visits this month. Some residents are difficult to locate at home so she has been leaving a business card & welcome packet on their door. Joint Meeting w/Woodland Township-Ray Williams A joint meeting will be scheduled with Woodland Township to discuss the proposed annexation of the Don Douglas farm once a decision has been made by the Supreme Court on whether they will hear the case. City Attorney Pagel advised Ryks that this may take up to 60 days. Utility Assessments Clerk Ryks outlined the annual utility assessment procedure. Unpaid utility bills would be proposed as special assessments to be collected with property taxes. A public hearing could be scheduled on November 9, 2004 at 7:15 p.m. Property owner notification letters would be sent to affected property owners. Motion by Hausladen, seconded by Olson to schedule a public hearing on November 9, 2004 at 7:15 p.m. as suggested by Clerk Ryks. Carried 5-0. Joe DesMarais/Tim and Sandy Stasson Property Purchase Mayor Bush informed the council that the property closings for Waverly Flooring and Joe DesMarais are scheduled for October 19, 2004 at 4pm. Request for TIF Workshop-B. Paumen Clerk Ryks asked if the council was interested in holding a follow up TIF workshop as it was requested by Brad Paumen. The council instructed Clerk Ryks to send a letter to Paumen declining to schedule an additional TIF workshop as the council is not interested in pursuing TIF at this time. Storm Sewer Installation Engineer Glienke will contact Morris Excavating to perform storm sewer installation work west of Waverly Flooring following the lot closing on October 19. MLS Report Motion by Hausladen, seconded by Antil to adopt the September 2004 Municipal Liquor Store Report. Carried 5-0. Old Business It was reported that Pacific Engine Repair was in non compliance with their conditional use permit for having more than 5 vehicles in their sales display area. Planning Commission Chairman Bob Winters discussed this issue with the property owner personally. Acknowledgements/Recognition Council Member Henry-Neaton acknowledged Clerk Ryks for her work with displaying messages on the electronic sign. Adjournment Motion by Olson, seconded by Antil to adjourn the meeting at 8:45 p.m. Carried 5-0. Deborah Ryks, Clerk Charles Bush, Mayor

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