City of Waverly Minutes

November 9, 2004 Regular Session Pursuant to notice and call the Waverly City Council met in regular session at 7:00 p.m. on Tuesday, November 9, 2004 in the council chambers of Waverly City Hall. Those in attendance were Mayor Bush, Clerk Ryks, and Council Members: Hausladen, Henry-Neaton, Olson, and Antil. Agenda The agenda was approved as presented by consensus of the council. Rob Beckfeld, Building Inspector Beckfeld reported that he received documentation of approval by the Minnesota Pollution Control Agency for the building plans at 316 Pacific Avenue. Doug DesMarais has started construction on the car wash. There is an environmental crew supervising the work. The environmental consultant was hired by DesMarais. A letter of compliance will be required from the Minnesota Pollution Control Agency when the work is completed. Adrian Duske asked for information regarding the waste trap in the car wash and whether drainage would be to the sanitary or storm sewer system. Beckfeld will check on the details but he reported that the Minnesota Department of Health approved the plumbing plans that included the waste trap. Beckfeld forwarded a letter to the property owners at 905 North Shore Drive regarding an order for removal of the car port on their property. A building permit was not issued for the structure and the wind and snow load information has not been received from the manufacturer after several attempts by Beckfeld. The property owners are working with American Steel to obtain the engineering on the car port structure. If a certified Minnesota engineer does not approve the specifications, the car port will need to be removed. This is due to the inability to verify compliance with the Minnesota Building Code. Lachermeier Farm The Planning Commission reviewed the concept plan for the Lachermeier Farm development. The plan showed sidewalks on both sides of the streets. The Planning Commission proposed that one sidewalk be eliminated and that the developer pay for a trail system through the park. The trails are desired because the homes planned on Carrigan Lake do not have direct access to lake. They will only have access through the parkland. The developer plans to start construction in the spring of 2005 and estimates 30 months for full completion. The Planning Commission and City Council are in favor of the proposed development plans. The Lachermeiers will need to have a public hearing scheduled for consideration of the preliminary plat. The land is not totally annexed. The annexation needs to be completed for the easterly 34 acres prior to preliminary plat submission. The City Attorney is working on the legal description and resolution for orderly annexation for the second phase. The council is interested in billing Lachermeiers for city attorney fees connected with the second annexation. Motion by Antil, seconded by Hausladen to bill Lachermeiers for legal fees connected with the second phase of annexation. Carried 5-0. 7:15 p.m.-Public Hearing-Proposed Utility Assessments The public hearing was opened at 7:15 p.m. There were no property owners present at the meeting to contest the proposed assessments. The assessments are proposed for property owners that are delinquent by 90 days. The assessment amounts include the current bill. If properties are assessed, a 6% interest charge will be added to the balance. The assessments will be collected with 2005 property taxes. The total amount of proposed assessments as updated with payments made through November 9, 2004 is $19,532.29. Payments will be accepted through November 22, 2004 to avoid the assessment. The hearing was closed at 7:30 p.m. Motion by Antil, seconded by Henry-Neaton to adopt Resolution 04-11 adopting the proposed assessments for unpaid utility charges. Carried 5-0. Ron Brekke-Spring Meadows-Concept Plan Ron Brekke, John Oliver & Associates was present at the meeting to present the conceptual plan for the Spring Meadows development. The development will be located on the former Ralph Douglas land which consists of 49 acres and is located west of CSAH 8 and south of the Summerfields development. Creative Development Inc. has purchased the land and is proposing the Spring Meadows development. The concept was presented to the Planning Commission. The Planning Commissioners asked that lot sizes be increased by deleting one lot in Block 6 and spreading the difference among the other lots in the block. There are varied lot sizes proposed with the smallest lot sizes being 10,000 square feet. There are some lots that are 19,000 square feet in size. 112 lots are proposed in the development. City Engineer Glienke will submit engineering comments when the preliminary plat is reviewed by the Planning Commission. The streets are proposed with a 60 foot right of way and a 32 foot wide paved area. The park area has to be leveled. The lift station in Carrigan Meadows 2nd Addition will need to service Spring Meadows. A temporary lift station is needed adjacent to Tanner Drive until a gravity sewer line is available. It was proposed that street names be changed to Waverly Veteran‚s names from the memorial. The developer agreed to this concept and would also be willing to change the street names in the Woodland Shores development as well. The street names will need to be in place at the time the preliminary plat is reviewed by the Planning Commission. Predevelopment Agreement Clerk Ryks was advised by City Attorney Rhonda Pagel that the City would need to amend the Subdivision Ordinance to require a predevelopment agreement as a condition on developers. Amendments to the Subdivision Ordinance are considered zoning issues and require a public hearing to be conducted by the Planning Commission. In the meantime, the City could adopt a policy to enter into predevelopment agreements with developers prior to reviewal of conceptual plans with the stipulation that an ordinance amendment will be forthcoming. Motion by Bush, seconded by Olson to adopt a policy to enter into predevelopment agreements with developers prior to reviewal of conceptual development plans with the stipulation that an amendment to the Subdivision Ordinance is pending. Carried 5-0. Park Development Fee Policy Clerk Ryks was advised by City Attorney Rhonda Pagel that the proposed deletion of the section regarding park development fees from the park dedication chapter of the Subdivision Ordinance would require a public hearing to be conducted by the Planning Commission. The council is interested in deleting the section from the ordinance and adopting the park development fees as part of the building permit fee schedule. The council requested that the Planning Commission schedule this hearing on Thursday, December 2, 2004. Motion by Hausladen, seconded by Antil to direct the Planning Commission to hold a public hearing on December 2, 2004 to consider the deletion of the park development fee section from the park dedication requirements in the Waverly Subdivision Ordinance and to incorporate the park development fees into the building permit fee schedule. Carried 5-0. Waverly Fire Department, Inc. Fire Department representative Rick Ragan was present at the meeting. He asked about an update to research on a security system for the fire station. Clerk Ryks reported that she contacted Burns Security. Pat Burns will make an appointment to come and view the fire station and the security needs of the fire department and submit a quotation for the system. Monitoring service will also be required. The City and Fire Department will need to discuss who will cover the expense of the system and installation and monitoring service. Ragan also asked about whether the city has received a legal opinion regarding the options for a possible future dissolution of the independent corporation status of the Waverly Fire Department. Clerk Ryks has not received the written opinion yet but will submit it to the fire department when it is received. The council and Fire Department members will meet to review the legal opinion when it is available. City Engineer‚s Report City Engineer Glienke submitted payment request #5 for Maguire Iron for the water tower in the amount of $49,780. Motion by Antil, seconded by Hausladen to authorize payment request #5 to Maguire Iron in the amount of $49,780. Carried 5-0. Engineer Glienke sumitted a cost estimate for the installation of the proposed sidewalk extension on 8th Street in the amount of $13,609.50 from French Lake Curb. The funds were included in previous budgets. Motion by Olson, seconded by Henry-Neaton to complete the work on CSAH 9 and then commence with the 8th Street sidewalk project for the cost of $13,609.50. Carried 5-0. Glienke reported that the CSAH 9/Atlantic Avenue project is scheduled for completion in two weeks. Engineer Glienke submitted a cost estimated for the extension of sidewalk from CSAH 9 to 4th Street across highway 12 to connect the Carrigan Meadows development. This was previously discussed and planned for commencement once the CSAH 9 project was completed. The estimated cost is $10,655.99. The funds were previously allocated in the budget. Motion by Antil, seconded by Hausladen to approve the 4th Street sidewalk project as recommended for a cost of $10,655.99. Carried 5-0. Maintenance Supervisor Rassat questioned Glienke about the late construction season and whether sidewalks will contain cracks because of installation during cold weather. Glienke reported that the sidewalks are warrantied for two years and if cracks develop due to cold weather, the contractor will have to replace the sidewalks. For this reason, contractors will not proceed with new installation once cold weather sets in. Engineer Glienke submitted a cost estimate from Morris Excavating for the extension of storm sewer along the railroad property west of Waverly Flooring. This project was planned once the westerly lot from Waverly Flooring was acquired from the State of Minnesota. The cost estimate is $7,984. The storm sewer installation has been paid through special assessments on benefiting lots. Motion by Olson, seconded by Henry-Neaton to proceed with the storm sewer installation along railroad property for the amount of $7,984. Carried 5-0. City Engineer Glienke presented two cost estimates for upgrading of the pedestrian crossings on highway 12 with pedestrian flashers. The low cost estimate was received from Design Electric in the amount of $34,477. Discussion was held regarding the cost and funding for the project. The street project fund has an overage of $50.000 in 2004. Motion by Antil, seconded by Hausladen to proceed with the project for the cost of $34,477 to be paid for through the 2004 street projects fund with the condition that the signals are operating by Dec 1, 2004 with the concrete and striping being done in the spring of 2005. Carried 5-0. Engineer Glienke submitted payment request #5 from Buffalo Bituminous for 1st/Franklin Street Projects in the amount of $74,772.22. Motion by Olson, seconded by Hausladen to authorize payment request #5 to Buffalo Bituminous in the amount of $74,772.22. Carried 5-0. Engineer Glienke submitted payment request #3 for Randy Kramer Excavating for the CSAH 9 project in the amount of $210,831.94. Motion by Henry-Neaton, seconded by Antil to authorize payment request #3 for Randy Kramer Excavating in the amount of $210,831.94. Carried 5-0. Glienke requested a formal written request from Creative Development for utility extension to Woodland Shores. A letter was received from Creative Development requesting utility extension to Woodland Shores. The plans and specifications can be prepared. The utility extension will be funded from development trunk area fees collected. Motion by Hausladen, seconded by Henry-Neaton to authorize preparation of the plans and specifications for utility extension to Woodland Shores. Carried 5-0. Minutes The October 8, 2004 Work Session minutes were presented for approval. Motion by Hausladen, seconded by Henry-Neaton to approve the October 8, 2004 Work Session minutes as presented. Carried 5-0. The October 12, 2004 Regular Session minutes were presented for approval. Motion by Hausladen, seconded by Olson to approve the October 12, 2004 Regular Session minutes as presented. Carried 5-0. The minutes of the October 21, 2004 Joint Meeting with the Planning Commission were presented for approval. Motion by Hausladen, seconded by Henry-Neaton to approve the October 21, 2004 Joint Session minutes as presented. Carried 5-0. Accounts Payable The accounts payable was presented in the amount of $353,748.20. Motion by Olson, seconded by Hausladen to approve the accounts payable in the amount of $353,748.20. Carried 5-0. Maintenance Report Maintenance Supervisor John Rassat was present at the meeting to give the monthly maintenance report. Rassat reported that he examined lot sizes for a future maintenance facility. 3 acres is the preferred lot size. The wastewater plant site is 1.5 acres. The city would have 4.5 acres to utilize for maintenance needs if a 3 acre site was pursued in addition to the 1.5 acres already owned by the city. Ken Antil and John Konrath will plan to meet with the realtor for the Stevens industrial land in the near future. Rassat reported that the liquor store parking lot work is underway with the dirt being moved today. The project should be completed by the end of the week. The tanks have been removed from outside of the wastewater treatment plant. The dirt pile will be used to level the lot in the future. Rassat recommended that in the future, street projects should be bid early in the spring for summer construction rather than fall construction. This was a difficult year due to project construction in the late fall. Rassat reported that he climbed the water tower today and viewed the interior. He informed the council that the tower is impressive. Parks Superintendent Jim Woitalla reported that he has closed the parks down for the season. Park vandalism was down this year in comparison to previous years. Planning Commission Report Planning and Zoning Liaison Adrian Duske was present at the meeting to give the Planning and Zoning report. Duske reported that a subcommittee from the Planning Commission has been meeting to work on proposed language for interim uses and proposed new residential zoning categories. R-2 and R-3 zoning categories are being considered. The subcommittee formulated a proposal. City Attorney Rhonda Pagel will review the subcommittee‚s proposal before it is forwarded to the council. Bolton & Menk gave the Planning Commissioners a working map to use to establish a map for the new planning area. Economic Development Authority Economic Development Authority representative Bob Winters was present at the meeting to give an update on EDA activities. Winters reported that David DeLude attended a meeting of the Economic Development Authority and proposed an asking price for his property of $145,000. He shopped around and looked at comparable residences in the Waverly/Howard Lake area to formulate a price. Ken Antil talked to Catherine Jackson, Citizens State Bank of Waverly regarding financing land for a future maintenance facility if a 3 acre purchase of land is pursued from Stevens Well and Environmental. Jackson indicated that the bank would need to review a plan prior to financing the land. Park Commission The Park Commissioners discussed the procedure for payment of park development fees. The Commissioners recommended deleting the park development fee section from the ordinance and incorporating the fees into the schedule for building permits. Parks Superintendent Jim Woitalla reported that he surveyed other communities for park dedication and fee information. The City of Watertown has higher fees. Watertown‚s park fees are calculated at the rate of $1,500 per unit and $6,000 for 5 units. 1/3 cost is due at the final plat, 2/3 is due at the time of construction. The City of Watertown had a park study done for park replacement costs calculated by a ratio of new residents. Their fees have not been challenged. The plans for park improvements in Carrigan Estates include plants, benches, and a gazebo. The gazebo is proposed as masonry rather than a wood structure in consideration of the building condition for the long term. Natural Balance is doing the park design since they are providing landscape services for the entire development. The regular meeting in November may be rescheduled due to the Thanksgiving holiday. Community Liaison Pam Henry-Neaton reported that she will need to prepare new packets in December. She also has received new information for insertion in the packets. Joint Meeting w/ Woodland Township A joint meeting is planned with Woodland Township to discuss the proposed annexation of the Ray Williams land. The litigation is now completed with the Supreme Court‚s denial to hear the case. Woodland Township has proposed tentative meeting dates of Saturday, December 11, 2004 or Saturday, December 18, 2004. The Saturday meetings work with Township Board members due to their work schedules. The meeting with Woodland Township was scheduled for Saturday, December 11, 2004. Ordinance 04-04-Animals Ordinance Amendment 04-04 was tabled at the October 12, 2004 meeting pending review of the language by the council members. The ordinance addresses farm animals within the city limits and imposes restrictions and provides definitions. Council Member Hausladen proposed to change the language as follows: Change the number of horses to 1 per 2 acres and to include or other domestic livestock in the section regarding horses. The phrase commercially kept should be deleted from the definition of an animal kennel. Motion by Hausladen, seconded by Henry-Neaton to adopt Ordinance 04-04. Carried 5-0 with the proposed revisions. Carried 5-0. Montrose-Waverly Rate Committee A meeting of the Montrose-Waverly Rate Committee is scheduled for November 16, 2004 at 4:00 pm at the Montrose City Offices. Clerk Ryks, Gary Olson, Pam Henry-Neaton, Barry Glienke, and John Rassat serve as committee members from Waverly. MLS Report Motion by Hausladen, seconded by Olson to adopt the October 2004 Municipal Liquor Store report. Carried 5-0. Other Business The Wright County Sheriff‚s office will be asked to monitor vehicle speeds on highway 12 and the newly constructed CSAH 9/Atlantic Avenue due to vehicles traveling at excessive speeds. Uptown Bar and Grill Motion by Hauslladlen, seconded by Antil to approve the liquor licenses for the Uptown Bar and Grill for 2005 if the paperwork is in order. Carried 5-0. Clerk Ryks will obtain an application form for Sunday liquor from the State of Minnesota since it is a new license. Sunday liquor was passed by the voters on the November 2, 2004 election. Renewal of the wine license can be cancelled. The 3.2 beer license can also be discontinued. Wine and beer licenses were previously in place to serve on Sundays. The Sunday license will replace the wine/beer licenses. Acknowledgements/Recognition Geraldine Smith was recognized for her work involved in repairing and enhancing the Waverly Flag that hangs in the council chambers. The volunteers that worked during the Waverly Boosters Halloween party were acknowledged. The residents who voted on Nov 2 were acknowledged. WAVE Bar Clerk Ryks and Planning Commission Chairman Bob Winters were advised that a party may be purchasing the WAVE for renovation into a Mexican restaurant. The interested parties are currently discussing this with the realtor for the property. Adjournment Motion by Antil, seconded by Hausladen to adjourn the meeting at 8:45 p.m. Carried 5-0. ______________________ _________________________ Deborah Ryks, Clerk Charles Bush, Mayor

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