City of Waverly Minutes

November 8, 2005 Regular Session Pursuant to notice and call the Waverly City Council met in regular session on Tuesday, November 8, 2005 at 8:01 p.m. Those in attendance were Mayor Bush, Clerk Ryks, and Council Members: Antil, Hausladen, Henry-Neaton, and Olson. Agenda The agenda was amended with the additions of items 13-d-13-g City Engineer’s Report. The agenda was approved by consensus of the council. Lakedale-Application for Open Video Services Gene South, Lakedale Communications was present at the meeting to discuss an application for an open video service franchise in the Waverly community. The procedure has been started with the submission of an application to the Federal Communications Commission and a demonstration of the open video system to the City Council at the November 4, 2005 work session. Video services would be provided to customers through telephone lines and installation does not require excavating the property in order to connect to the service. Open video service would be provided to customers within the city limits and outside the corporate boundaries in areas where the capabilities exist. Regulations including restoration of right of way areas, local access programming, and payment of franchise fees to be consistent with the current cable provider would be followed. A public hearing has been scheduled for December 13, 2005. City Attorney Pagel was contacted by Gene South and there are many options for agreements for this situation where Lakedale would become an additional cable provider. Pagel will meet with staff prior to the public hearing. Scott Lapham-Request for Lot Split – Waverly Industrial Park Scott Lapham, Edina Realty was present at the meeting on behalf of Stevens West 2. Lapham proposed a lot split in the Waverly Industrial Park plat in order to sell a parcel to Steve Buresch, Buresch Brothers. Lapham has an executed purchase agreement. The company is a gravel pit/excavating business. A building would be constructed to house large equipment used in conjunction with the excavation business. Motion by Antil, seconded by Hausladen to approve the lot split in the Waverly Industrial Park as proposed,. Carried 5-0. Land sale to Mike Kuske The city owns a parcel of land which Mike Kuske, Wright Laser is interested in purchasing. Uptown Bar and Grill owner Jim Walter could not attend the meeting tonight and requested that the matter be tabled until he is able to be present for the discussion. Motion by Antil, seconded by Hausladen to table this matter until December 13, 2005. Carried 5-0. The council asked that Mike Kuske bring a proposed Purchase Agreement to the December 13, 2005 council meeting. A statement will need to be included in the approval that provides the City of Waverly access to the City Hall building. Utility Assessment Hearing The hearing was opened at 8:15 p.m. Matt and DeAnn Steinmetz, 211 Dresden Alcove were present at the meeting to address the council regarding their utility account. DeAnn Steinmetz informed the council that they moved into their residence in August 2004. They did not receive a utility bill until October 2005. Steinmetz contacted Mayor Bush in July regarding the status of their utility bill. They were also in contact with Clerk Ryks in April 2005. According to city utility billing records, bills had been calculated for the account since April 2005. Steinmetz stated that they had been receiving services but requested that the previous balance of $597.52 be cleared from their account since they were not receiving utility bills. They have made a payment in the amount of $309.58 for current charges. Mayor Bush stated that since they received services, the previous balance could not be excused but the city would be willing to work with them regarding the timing of payments on the previous balance due and that late charges would be removed from their account balance. Clerk Ryks stated that she had removed the balance from the proposed utility assessment list for Matt and DeAnn Steinmetz following a telephone conversation with Matt Steinmetz. Proposed arrangements for payment on the account were made to divide the previous balance into two payments so that the account would be brought up to date by year end. Motion by Antil, seconded by Hausladen to remove the late fees on the utility account of Matt and DeAnn Steinmetz for the property located at 211 Dresden Alcove. Carried 5-0. There were no other comments offered by the public during the hearing. Motion by Antil, seconded by Henry-Neaton to close the hearing at 8:25 p.m. The proposed utility assessment roll was presented for council review. Clerk Ryks stated that the assessment roll would be updated for payments made by November 23, 2005. Resolution 05-11 was presented approving the utility assessments providing for the deletion of proposed utility assessments in which the utility account balances are paid by November 23, 2005. Motion by Olson, seconded by Antil to adopt Resolution 05-11. Carried 5-0. Requests from Public David DeLude, 405 Elm Avenue was present at the meeting to address the council regarding driveway repair for his property due to CSAH 9 construction. Maintenance Supervisor Rassat reported that there were accessory buildings built in the driveway area which impede the parking access. DeLude requested that his driveway be improved as it is located in the street right of way area. City Engineer Barry Glienke will look at the driveway and parking options and make a recommendation to the council. Glienke will review whether the driveway needs to be tapered to allow parking. Currently DeLude is parking in the city’s right of way area. This item will be discussed following review and receipt of a recommendation from City Engineer Glienke. Waverly Fire Department, Inc. A meeting will be held on December 7, 2005 at 7:00 p.m. with Waverly Fire Department, Inc. members to discuss the terms to be included in the purchase agreement for the City Office/Maintenance Department/Fire Station building The council will hold a special session following the December 5, 2005 Truth in Taxation hearing to prepare for the December 7, 2005 meeting. City Engineer’s Report City Engineer Barry Glienke gave the City Engineer’s Report. He presented Pay Request #9 for Buffalo Bituminous for the 1st Street/Franklin Avenue improvement project in the amount of $6,707.89. Motion by Antil, seconded by Hausladen to approve Payment Request #9 of Buffalo Bituminous in the amount of $6,707.89 for the 1st Street/Franklin Avenue project. Carried 5-0. City Engineer Glienke presented Payment Request #10 from Randy Kramer Excavating in the amount of $1,146.23 for the CSAH 9 construction project. Motion by Olson, seconded by Antil to approve Payment Request #10 to Randy Kramer Excavating in the amount of $1,146.23 for the CSAH 9 construction project. Carried 5-0. Engineer Glienke presented a letter of recommendation to reduce the letter of credit by $81,987.60 for the Windgate at Carrigan Lake development. Periodic reductions are required for the developer’s financing. Motion by Henry-Neaton, seconded by Antil to reduce the letter of credit by $81,987.60 for the Windgate at Carrigan Lake development. Carried 5-0. Payment Request #1 for Insituform in the amount of $50,506.08 for the Sewer Lining Project was presented by City Engineer Glienke. Motion by Olson, seconded by Hausladen to approve Payment Request #1 to Insituform for the Sewer Lining Project in the amount of $50,506.08. Carried 5-0. A request for a letter of credit reduction for Woodland Shores phase one was received by Engineer Glienke. Glienke has recommended a reduction in the letter of credit to $100,000 instead of the requested $50,000. Motion by Antil, seconded by Hausladen to reduce the letter of credit for Woodland Shores phase one to $100,000 as recommended by the City Engineer. Carried 5-0. The final payment request for Maguire Iron forWater Tower Construction was presented in the amount of ($6,400). A credit is reflected on the payment request due to an overpayment by $11,400 for a change order. The final payment due was $5,000. A credit check will be sent to the Clerk from Maguire Iron in the amount of $6,400 to clear the balance. The payment request needs to be approved for administrative purposes. Motion by Henry-Neaton, seconded by Antil approve the final payment request for Maguire Iron for the Water Tower Construction Project in the amount of ($6,400). Carried 5-0. Engineer Glienke presented Payment Request #1 for Kuechle Underground for the East Carrigan Lake Utility Extension Project in the amount of $59,786.54. Motion by Henry-Neaton, seconded by Olson to approve Payment Request #1 in the amount of $59,786.54 to Kuechle Underground for the East Carrigan Lake Utility Extension project. Carried 5-0. Minutes The minutes of the October 3, 2005 Joint Session w/ Woodland Township were presented for approval. Motion by Antil, seconded by Henry-Neaton to approve the October 3, 2005 Joint Session minutes as presented. Carried 5-0. The minutes of the October 10, 2005 Council Work Session were presented for approval. Motion by Henry-Neaton, seconded by Antil to approve the October 10, 2005 Work Session as presented. Carried 5-0. The minutes of the October 11, 2005 Regular Session were presented for approval. Motion by Olson, seconded by Henry-Neaton to approve the October 11, 2005 Regular Session minutes as presented. Carried 5-0. Accounts Payable The accounts payable was presented in the amount of $111,137.12. Motion by Henry-Neaton, seconded by Hausladen to approve the accounts payable in the amount of $111,137.12. Carried 5-0. Park Commission Report Parks Superintendent Jim Woitalla reported that Dannette Painschab submitted a resignation from the Park Commission effective October 25, 2005. The present Secretary/Alternate Member Christina Kittock will accept the position vacated by Painschab. Kittock will serve as the acting Secretary until January 1, 2006. Discussion was held regarding the hiring of an Office Assistant and the possibility of assigning the duties of Park Commission Secretary to the person hired for for the position. It was decided that the purpose of hiring an Office Assistant was to provide assistance to the City Clerk. The Office Assistant Position job description will include an option for attending Planning Commission meetings, taking notes, and compiling minutes but will not be mandatory. The Park Commission position of Secretary/Alternate Member will remain in place with an advertisement being done to fulfill the position effective January 2006. Motion by Antil, seconded by Henry-Neaton to appoint Christina Kittock to the Park Commission. Carried 5-0. Mayor Bush recognized Dannette Painschab for her time and contribution dedicated to the city for service on the Park Commission. Woitalla reported that Spring Meadows developer Mike Olson will need to attend a future meeting to finalize park planning for the subdivision. Olson plans to perform landscaping work this construction season for the park. Planning Commission Report Bob Winters was present at the meeting to give the Planning and Zoning Report in the absence of Planning and Zoning Liaison Adrian Duske. Winters reported that Jim Warzeka, 5639 Dempsey submitted an application for a variance to replace the existing cabin on the property with a permanent residence. A public hearing has been scheduled to consider the variance on December 1, 2005. Clayton Freeburg’s son contacted Planning and Zoning Liaison Duske regarding the storage of classic cars in the building formerly known as Eddie’s Ford on Pacific Avenue. The party was told that an interim use permit would be required for the proposed use of the building. The Planning Commissioners inquired as to the status of the street lighting installation project for 1st Street S. Engineer Glienke is waiting for a lighting plan and cost estimate from Xcel Energy. Discussion was held at the Planning Commission meeting regarding city property use by two residents. Ken Theisen has been utilizing the water tower property on 8th Street for vehicle parking and Randy Trulson has been utilizing a city owned property currently used as a park on Elm Avenue for garden planting. The Planning Commissioners recommended that the council send letters to the above mentioned residents to address city property use. The council agreed to forward a letter to Ken Theisen regarding the use of the water tower property. The council decided to not pursue the use of the city park property on Elm Avenue by Randy Trulson as the garden has been in existence for many years and there may have been an agreement with the city in the past for the property use. Dave Rice was present at a recent Planning Commission meeting regarding the proposed land use map and industrial zoning along Emerson Avenue. Rice stated that property along highway 12 should be zoned for industrial use instead of the Emerson Avenue area. The Planning Commissioners informed Rice that the 40 acre parcel along Emerson Avenue has already been zoned as industrial and many discussions were held regarding the preparation of the land use map. A change reflecting the request of David Rice was not recommended by the Planning Commissioners as the highway 12 corridor is proposed as a future retail area. Motion by Antil, seconded by Hausladen to accept the land use map as presented by Planning and Zoning. Carried 5-0. Economic Development Authority An item was withheld for payment on the accounts payable for the Economic Development Authority. An invoice in the amount of $93.50 payable to Johnson, Larson, Peterson & Matt will be held back until the necessary questions are answered. The question raised was whether the EDA should make the payment for review of closing documents on the industrial lot. Clerk Ryks reported that she was informed by Ross Danielson, Northland Title that the request for document review by John Peterson was originated by Economic Development Authority President John Konrath. The invoice will be presented for further discussion at the November EDA meeting. The November meeting was rescheduled for November 29, 2005 due to the Thanksgiving holiday. Maintenance Report Maintenance Supervisor John Rassat reported that the Sewer Lining Project will be finished this week. The blockage on 8th Street will be addressed by aggressive cleaning and if it cannot be resolved, this section will be omitted from the project. The 2006 Chevrolet Silverado one ton pick up truck was picked up this month. Snow equipment is ready for winter season use. Gerald Gongoll will begin working on a temporary basis by doing bobcat work to start. A medical exam will be required. The city will pay the cost of the medical exam. A pre-employment drug test will also be required. The city has a contract with Cokato Transportation for the CDL drug/alcohol testing. Parks Superintendent Jim Woitalla reported that the seeding project was completed at Legion Park. A thank you note will be sent to Charlie Borrell for time donated to accomplish the project. Woitalla met with Kent Houston, Montrose-Waverly Chamber of Commerce regarding planning for the Ice Festival event sponsored by the organization. Community Liaison Pam Henry-Neaton reported that she is receiving new information from businesses for the welcome packets. She will work on compiling updates for the packet of materials delivered to new residents. Administration Mayor Bush read aloud the Summary of the Closed Session of October 17, 2005. Performance evaluations were completed for Steve Gagnon, Wanda Tussing, Bill Schoening, and John Rassat. The Police Contract for 2006-2007 was presented for approval. The contract rate for 2006 is $50 per hour and the rate for 2007 is $52.25 per hour. Motion by Antil, seconded by Henry-Neaton to approve the 2006-2007 police contract with the Wright County Sheriff’s Department. Carried 5-0. The 2006 Animal Impound Contract with Greater West Metro Humane Society was presented. The annual contract amount is $490 for 2006 plus boarding fees that will billed on a quarterly basis. Motion by Olson, seconded by Antil to adopt the 2006 animal control contract with Greater West Metro Humane Society as presented. Carried 5-0. MLS Report The October Municipal Liquor Store Report was presented for approval. Motion by Henry-Neaton, seconded by Olson to approve the October 2005 Municipal Liquor Store report. It was noted that the council will meet with liquor store staff on November 14, 2005 at 6:30 p.m. to discuss financial issues. New Business Council Member Olson asked about the compost site. Currently there is a dumpster available for depositing leaves only. The Maintenance Department’s intention is to re-work the compost area to provide for chipping brush materials in the future. Council Member Hausladen updated the city’s performance evaluation form for future use. She also obtained certification for the Board of Equalization as required by the State of Minnesota. The December 13, 2005 Council Meeting start time will be changed to 8:01 p.m. due to the School District 2687 Bond Referendum Election. Clerk Ryks will update the list of duties for the Office Assistant position to reflect optional duties for Planning Commission meeting attendance and duties. Acknowledgements-Recognition Council Member Henry-Neaton acknowledged the Build Committee for conducting informational meetings regarding the upcoming Bond Referendum Election. The Book it program at School District 2687 was also recognized for its merit. Wright County Deputy Eric Leander was recognized for his contribution to the training program for the Neighborhood Watch Program and the informational Methamphetamine presentation. Participation with Jenni Sebora in the upcoming Center of Attention article in the Herald Journal for the City of Waverly by Geraladine Smith, Pam Henry-Neaton, and Mary Johnson was acknowledged. Charlie Borrell was recognized for his time/labor donation for seeding at Legion Park. Geraldine Smith was recognized for her work in cleaning/organizing the kitchen in the City Offices. Adjournment Motion by Bush, seconded by Antil to adjourn the meeting. At 9:30 p.m. Carried 5-0.

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