October 14, 2003
Pursuant to notice and call the Waverly City Council met in regular session at 7:30 p.m. on Tuesday, October 14, 2003 in the council chambers of Waverly City Hall. Those in attendance were Mayor Bush, Clerk Ryks, and Council Members: Antil, Henry-Neaton, and Hausladen. Council Member Olson was absent. Public Hearing-Proposed Easement Vacation-Outlot A Carrigan Meadows 1st Addition
Mayor Bush opened the public hearing at 7:30 p.m. The proposed easement vacation is needed in order to record the plat. The easement was not used for storm water ponding as platted. Stormwater retention ponds were relocated. There were no comments or questions from members of the public. Mayor Bush held the hearing open for 10 minutes pending additional public comment. There were no additional comments.
The public hearing was closed at 7:40 p.m.
Motion by Henry-Neaton seconded by Hausladen to vacate the easement of outlot A, Carrigan Meadows 1st Addition. Carried 4-0. Minutes
The minutes of the September 5, 2003 Work Session were presented for approval.
Motion by Hausladen, seconded by Antil to approve the September 5, 2003 Work Session minutes as presented. Carried 4-0.
The minutes of the September 9, 2003 Regular Session were presented for approval.
Motion by Antil, seconded by Hausladen to approve the September 9, 2003 Regular Session minutes as presented. Carried 4-0.
The minutes of the September 11, 2003 Budget Meeting were presented for approval.
Motion by Hausladen, seconded by Antil to approve the September 11, 2003 Budget Meeting minutes as presented. Carried 4-0. Accounts Payable
Motion by Henry-Neaton, seconded by Hausladen to approve the accounts payable in the amount of $76,658.12. Carried 4-0.
Mayor Bush asked about the invoice for G&K Services for maintenance department uniforms. The invoice was for 2 months as one payment was missed in July. Planning and Zoning Report
Adrian Duske was present at the meeting to give the Planning Commission report.
Duske reported that a public hearing was held to consider a variance application for 408 Lake Avenue for a proposed 10 foot front yard setback to accommodate an accessory building. The Planning Commissioners informed the applicant that would recommend a 15 foot setback from the front property line. The applicant agreed to amend the variance request to 15 feet. A recommendation for approval was submitted by the Planning Commission.
Motion by Hausladen, seconded by Antil to approve the variance for 408 Lake Avenue as recommended by the Planning Commission. Carried 4-0.
Duske reported that Gregory and Joyce Nordquist inquired about their plans to build a new home on their property at 533 North Shore Drive to replace the existing manufactured home. A public hearing was scheduled for November 20, 2003 to consider a variance for this project.
A vacancy exists on the Planning Commission due to the resignation of Chris Halvorson. The Planning Commissioners will interview applicants and make a recommendation to the council for appointment of a new member.
Duske asked maintenance personnel about snow removal on Douglas Drive this winter season as the manhole covers are currently lifted. Maintenance Supervisor Rassat reported that Douglas Drive will not be plowed unless manholes are lowered or wear course is installed. The street cannot be plowed in its current condition. Rassat stated that the matter will be resolved to accommodate winter maintenance.
Adrian Duske informed the council that he will serve on the Park Commission as the Planning Commission Representative until another member comes forward. Winsted Fire Relief Association-Charitable Gambling Application
Jim Walter, Uptown Bar & Grill and Dale Gotz, Winsted Fire Relief Association were present at the meeting to discuss the application for a premises permit at the Uptown Bar and Grill LLC.
The council passed a charitable gambling ordinance at the September 9, 2003 council meeting and it was published on September 15, 2003. The ordinance became effective upon the publication date. The ordinance requires that 80% of the donations by a charitable gambling organization be made within the city trade area which would include the City of Waverly, Woodland, and Marysville Townships. A 10% contribution is to be made to the city from net gambling proceeds.
Walter and Gotz stated that 80% is too high for organizations on top of the 10% contribution to the city based on net profits. Gotz explained that the Fire Relief Association charitable gambling organization operates differently than a Lions Club. Currently they do not contribute to other organizations in Winsted but contribute to the City at the required 10% level. All proceeds are run through the City of Winsted with the balance being paid to the Winsted Fire Department.
Gotz has calculated the estimated profits and the Winsted Fire Department would have $100 left based on an average $2500 deposit.
Waverly Lions Club Gambling Manager Dale Lorentz was present at the meeting. He stated that the Waverly Lions currently donate 90% within Waverly , Woodland and Marysville.
Mayor Bush asked Gotz to make a proposal to the council to consider. Gotz proposed 40%. Bush also suggested that the Winsted Relief Association could start gambling operations for a trial period of three months and the council would consider negotiating the percentage level if needed. Gotz reported that the Winsted Fire Relief Association voted to withdraw their application unless the percentage is dropped. This is due to funds need up front to begin operations. Up front expenses would include purchasing the boxes of pull tab tickets, a $150 permit fee to the State, the purchase of a drivers license scanner.
The council discussed their willingness to work with the Winsted Fire Relief Association and amend the ordinance to a lower percentage for a trial period of three months.
Motion by Bush, seconded by Henry-Neaton to approve the application for a trial period of three months and amend the ordinance to a 50% level to be spent within the communities and to review it in three months to determine whether the operation is working out for the City of Waverly and the Winsted Fire Relief Association. Carried 4-0.
The 50% level is in addition to the 10% contribution to the city. This level is higher than the Winsted Fire Relief Association members approved so Gotz will take the matter back to the Winsted Relief Association for reconsideration. Gary Rudy-Kristall Development-Second Plat Carrigan Estates
Gary Rudy and Rick Lentner, Kristall Development were present at the meeting. The plat for the second addition was submitted. The letter of credit and payment of the trunk watermain and sanitary sewer fees and park fees were presented to the council. Rudy asked that the development agreement be signed tonight due to utility work starting tomorrow.
Motion by Antil, seconded by Hausladen to accept the final plat for Carrigan Estates second addition. 4-0.
The letter of credit for 150% of the estimated development costs was presented to the council. The payment of the trunk water/sewer fees is based on 40 acres of land with a deduction of 1.33 acres of parkland in accordance with the proposed development agreement. If lots are added, an additional process is necessary. Kristall Development may add 3 lots if wetland mitigation is successful.
Motion by Henry-Neaton, seconded by Antil to accept the development agreement. Carried 4-0. Maple Ridge Development
The council decided that the engineering requirements would need to be met for the Maple Ridge Townhome Development. Dale Lorentz-Waverly Lions Club
Dale Lorentz, Waverly Lions was present at the meeting. He requested that the council approve a resolution authorizing charitable gambling at the Municipal Liquor Store. The resolution will need to be submitted to the State with an application for renewal of the charitable gambling permit for the Waverly Lions.
There will be a new contract written for updated rent when it is applicable.
Motion by Bush, seconded by Hausladen to pass Resolution 03-10a. Carried 4-0.
Lorentz stated that the Waverly Lions will comply with the new Charitable Gambling ordinance. He thanked the city for waiving the rent for three months so that they could begin pull tab operations in the new booth at the Municipal Liquor Store. Waverly Sewer Access Policy
A draft sewer access policy was formulated by Bolton & Menk. The council reviewed the policy.
Motion by Bush, seconded by Henry-Neaton to adopt the proposed sewer access policy. Carried 4-0. Storm Water Utility Ordinance
A resolution was presented calling for a public hearing to consider the adoption of a storm water utility ordinance.
Motion by Bush, seconded by Antil to pass Resolution 03-10B and schedule a public hearing for the November council meeting to consider adoption of a storm water utility ordinance. Carried 4-0. Maintenance Department Report
Maintenance Supervisor Rassat asked the council for permission to order a stainless steel sander for the International Truck. The funds have been allocated in the 2003 budget. The International Truck will be utilized for 2-3 more years and will need to be repaired to keep in operation.
Motion by Antil, seconded by Hausladen to authorize the Maintenance Department to order a stainless steel sander. Carried 4-0. .
Rassat informed the council that a maintenance contract is needed for the street lights on highway 12. Rassat will obtain quotations from CR Electric, Xcel Energy, and Design Electric for the November council meeting.
Diers Electric has been hired to perform the electrical repairs at the Waverly Village Hall. The estimated cost is $1,800. The work has not been done yet but will be done shortly.
Rassat asked the council to instruct the City Engineer to keep track of new plats for sewer system and capacity to keep with the new wastewater treatment facility needs.
Rassat informed the council that the Water Tower footings will be installed this fall.
Rassat reported that the concerns brought forth by John and Michelle Hirsch have been clarified with Bolton & Menk. Barry Glienke is currently waiting for a price from John Hirsch‚s contractor for the curb cut installation. All access permits have been secured from the State of Minnesota. The utility easement on lot 4 will be reduced from 60-30 feet after the sewer is hooked up to the Montrose facility. The Sanitary sewer line will be abandoned at that time. The easement must remain in force until this is accomplished.
Parks Superintendent Woitalla reported that Dwain Stahlke asked about installing a snowmobile access through the Waverly Terrace park. The Waverly Lake Association has recently expended funds on new plantings in the park. According to city ordinance, recreational vehicles are not allowed in parks except on designated trails.
Jim Woitalla will install signs prohibiting snowmobiling in park areas. There is already a snowmobile trail on the north side of the lake. The council does not wish to change the status of the Waverly Terrace Park.
A cost estimate for improvements at Waverly Legion Waterfront Park was provided to Woitalla by Barry Glienke. The estimates are on the high side.
The council asked Woitalla to break down the costs and prioritize the improvements for a 5 year plan.
It was reported that granite chips have been sold to Marysville and Middleville townships and Adrian Duske.
The council was informed that rock has been installed at the 5th Street boat landing. Economic Development Authority
The Waverly Economic Development Authority is currently waiting for information on Small Business Association business loans.
Council Member Hausladen suggested that the agenda for the next meeting include contact with Lori Kuschel about the EDA purchasing the property back from Eagle Creek Development as there has been no activity or development plans submitted. Park Commission
The Waverly Park Commission is interested in moving ahead with the ditch work and leveling at Waverly Legion Waterfront Park. They would like to hire Bolton & Menk to install grading stakes for the project.
This matter will be discussed at a future meeting when a phased park improvement plan is reviewed by the council. Proposed Utility Assessments
Clerk Ryks submitted information to the council regarding the assessment of unpaid utilities to the property taxes. A proposed assessment roll was submitted for the council to review. It was recommended that all delinquent utility accounts with a past due balance of $100 or more be certified for collection with 2004 property taxes. A hearing will be held at the November council meeting and notices will be sent to affected property owners.
Motion by Bush, seconded by Antil to accept the Clerk‚s recommendation for the assessment procedure for delinquent utility accounts. Carried 4-0. Annexation Agreements w/ Marysville & Woodland
Clerk Ryks received a letter with suggested revisions to the draft annexation agreements with the townships.
Marysville and Woodland townships have requested that the entrie roadway bordering the annexation area be designated as a city street with full maintenance provided by the city. Another suggested revision is the inclusion of the requirement for developers to dedicated 10% of annexed land for park development.
Clerk Ryks suggested that the city meet with township officials to discuss the proposed revisions. The goal is to adopt a final agreement by year end. Burning Ban
Fire Chief Karels has authorized the lifting of the burning ban in the city limits from October 15, 2003 to October 30, 2003 for burning of leaves and brush. Burning permits are required during this time frame.
Motion by Antil, seconded by Hausladen to lift the burning ban as authorized by Fire Chief Karels. Carried 4-0. Municipal Liquor Store Report
Motion by Hausladen, seconded by Henry-Neaton to approve the September 2003 Municipal Liquor Store Report. Carried 4-0.
The council asked for a monthly comparison of net sales and that it be included on the monthly report.
Council Member Henry-Neaton reported that she and Council Member Antil met with the Waverly Lions regarding the level of pull tab rent for the Municipal Liquor Store operation. It was decided that the rental fee will stay at $600. The liquor store staff and council committee will meet with the Waverly Lions to discuss gambling issues.
On Thursday, October 16, 2003 at 2:00 p.m., James Haugen, Haugen Architects will meet with Steve Gagnon and council members at the Municipal Liquor Store.
The council complimented liquor store staff for an outstanding job with special events at the store.
Staffing concerns voiced by liquor store staff were brought to the council committee once again. The council stated that they will not revisit the staffing issues and current staffing procedures will remain in place. Waverly Village Hall Project
Mayor Bush suggested that a council committee be formed to meet once monthly to discuss Village Hall building issues. A Survey needs to be established. The committee will consist of council members Henry-Neaton, Hausladen, and Bush. The first monthly meeting was set for October 27 at 7pm. Meeting w/ Ridgeview Clinic
Council Member Henry-Neaton reported that she and Council Member Antil met with representatives from Ridgeview Clinic. The Ridgeview Clinic representatives informed the city representatives that any community surveys that would include health related issues could be formulated and circulated by Ridgeview Clinic. They also provided information regarding the required populations levels of a community for eligibility for a medical clinic. A community must have a 2,000 resident population to be eligible for a clinic. Acknowledgements/Recognition
City Maintenance Worker Bill Schoening was recognized for passing his Class D Water License test. It was noted that the certification includes an automatic $.50 hourly wage increase. Adjournment
Motion by Antil, seconded by Hausladen to adjourn the meeting at 9:30 p.m. Carried 4-0. _______________________
_______________________ Deborah Ryks, Clerk
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