November 10, 2009
Regular Session   

            Pursuant to notice and call the Waverly City Council met in regular session at 7:00 p.m. on Tuesday, November 10, 2009 in the council chambers of Waverly City Hall.  Those in attendance were Mayor Ken Antil, Clerk Deb Ryks, Maintenance Supervisor John Rassat, Senior Maintenance Worker Jim Woitalla, and Council Members:  Connie Holmes, John Konrath, Keith Harris, and Gary Olson.  Wright County Commissioner Jack Russek was also in attendance. 

Agenda

            One item was added to the agenda under New Business, Web Site Update. 

            Motion by Harris, seconded by Holmes to adopt the agenda with the addition under New Business.   5-0.

Jim Trombley-Woodland Township

            Jim Trombley, Woodland Township  was present at the meeting to discuss the proposed repair of the culvert on 70^th Street.  This matter is being discussed with the city due to the maintenance agreement that is in place between the township and the city applicable to annexations.  The agreement states that roads adjacent to annexed land are to be maintained by the city.  The Maintenance Agreement with Woodland Township was set up with a 50% cost share for road maintenance.  The culvert on 70^th Street is blocked.  Ralph Douglas informed Woodland Township and Mayor Ken Antil that the culvert sank causing the problems with drainage on 70^th Street.  The water is higher on the city side of the road.  The cost for repair of the culvert was obtained by Woodland Township in the amount of $1,100 in which the city could split the cost with the township.  The water height is higher on the north side of the road adjacent to annexed land.  The DNR established the height of the water outlet. 

            Motion by Holmes, seconded by Konrath to work with Woodland Township to re-install the culvert correctly on 70^th Street and share the cost and pay from the emergency street repair allocation in the city budget.   Carried 5-0.

Larry Frank, Arcon Development Project Manager

            Larry Frank, Project Manager for Arcon Development was present at the meeting to discuss activity in the Carrigan Meadow subdivision.  He reported that sales have decreased each year since 2003.  There have been no lot sales in 2008 and 2009.  Lot prices have been reduced.  The bank has taken over financial transactions for Carrigan Meadows and Arcon Development is providing managing services.  Jim Peterson, Lakes Area Realty represents an interested buyer.  Arcon Development is requesting that the city authorize a building permit fee reduction to enhance buyer interest.  Tree requirements were discussed. 

            Jim Peterson, Lakes Area Realty spoke about encouraging development by suspending water and sewer access fees.  He explained that the City of Cokato did this to prompt new development. 

            Clerk Ryks explained that Waverly’s sewer access fee is fixed due to monthly payments to Montrose for disposal in the Montrose Wastewater facility.  She also explained that water and sewer hook up fees are firm due to infrastructure payments. 

            Larry Frank and Jim Peterson encouraged the city to consider reducing fees to encourage building on vacant lots.  Frank and Peterson excused themselves from the meeting and would await a future decision on this matter.

            Discussion followed by the council and staff regarding public response to a favorable decision on this matter and the tree requirements that were discussed earlier in the discussion with Larry Frank.  The developers are in business to make a profit but the city must be concerned with its policies and ability to operate and pay bonds from water and sewer funds.

            Motion by Harris, seconded by Holmes to reject the proposal by Arcon Development.  Carried 5-0.

Steve LaPlant-All American Grill & Brewhouse

            Steve LaPlant, All American Grill and Brewhouse was present at the meeting to inform the council that he intends to re-open his restaurant.  Financial struggles led to sale of real estate to pay down debt on the establishment.  He is currently seeking a co-signer for a loan to restart operations.  He is looking for guidance from the city in working with local banks.  He stated that a small business association loan process is lengthy and he was hoping to open as soon as possible.  The council referred LaPlant to Noel LaBine, Wright County Economic Development Partnership for possible contacts and potential grant/loan assistance. 

Public Hearing:  Proposed Utility Assessments

          The public hearing was opened at 7:20 p.m.  There were no members of the public present wishing to speak on this matter.  The hearing was held open for 30 minutes pending additional public comment.  The final assessment amount will be determined upon payments received through November 20, 2009.  The proposed amount is $30,725.53. 

            Chris Pultz, 503 Franklin Avenue requested an extension from Clerk Ryks and Mayor Ken Antil in the city office today.  He is expecting a bonus check and agreed to pay the balance in full once he receives his bonus.   The Council decided that the payment of unpaid utilities needs to be made by November 20, 2009 to be consistent with the requirements in place for other delinquent accounts.

            Motion by Holmes, seconded by Olson to adopt Resolution.09-11 for the certification of unpaid utilities to the property taxes.  Carried 5-0.

Wanda Tussing-MLS Report

            Municipal Liquor Store Manager Wanda Tussing reported that the month of October was successful with Oktoberfest and Halloween events.  The net profit for the month was $7,443.79. 

            Oktoberfest will be held next year as it was a successful event. 

            Maintenance Supervisor Rassat inquired about building tables for the Municipal Liquor Store to have on hand for special events.  The Maintenance Department can build the tables over the winter.  The material cost will be $1,700 with each table costing $338 each.  Tussing will advise the Maintenance Department whether to proceed with ordering the materials for the tables in January as they will plan to do the project in February.

            Motion by Olson, seconded by Holmes to adopt the Municipal Liquor Store Financial Report.  Carried 5-0.

Request from the Public

            Sue Harris, 147 Summerfield Drive was present at the meeting to make a dog ordinance complaint.  She told the council that she would like dog owners to be responsible.  She has experienced problems with a neighbor and his dog running at large, entering her yard and threatening her dog.  The Sheriff’s Department was called over a recent incident.  A citation was issued for violating the ordinance by housing more than two dogs.  The council suggested that Harris continue to contact the Sheriff’s Office and make incident reports.  Discussion was held regarding informing residents of animal regulations.  A reminder about the animal control ordinance will be included in the city newsletter.    

Parks

            There has been no activity of the Parks Commission due to lack of new development.

Planning and Zoning Report

            Mayor Ken Antil reported that the Planning and Zoning Commission scheduled a variance hearing and the comprehensive plan public hearing for November 19, 2009. 

            The minutes of the October 15, 2009 Planning Commission meeting were reviewed.

            Motion by Holmes, seconded by Harris to approve the Planning Commission report.  Carried 5-0.

EDA Report-Connie Holmes

            Connie Holmes reported that the Waverly Economic Development Authority is finalizing work on the community directory.  There were 65 business listings and 9 ads purchased.  A proof will be available next week.

            The October 26, 2009 Minutes were reviewed. 

            The public hearing to present the comprehensive plan and park facilities plan to the public has been scheduled for November 19, 2009.  Postcard reminders were sent to Waverly residents.  The legal notice of the public hearing has been published.  At the conclusion of the hearing, the Planning Commission will make a recommendation to the council for official action on the Comprehensive Plan project.  Distribution to adjacent communities and agencies will be done for a 60 day comment period.

            Dexter Andrews is resigning from the Waverly Economic Development Authority after seven years of service on the Board and as Treasurer.  A letter of recognition for Dexter Andrews’ years of service on the EDA will be sent on behalf of the EDA and City Council.  Dexter Andrews served on the EDA since February 2002.    

            Motion by Antil, seconded by Harris to recognize Dexter Andrews in writing.  Carried 5-0.

Maintenance Report

            Maintenance Supervisor John Rassat reported that sewer lines have been cleaned, water hydrants flushed to prepare for the winter season.  Currently, Maintenance staff has a low work load.  The plow equipment was prepared for winter.   The new T-Mobile cell phones are working great.  The service coverage is excellent.

Barry Glienke-City Engineer’s Report

            City Engineer Barry Glienke arrived late to the meeting due to attendance at another meeting earlier in the evening.  The council informed Glienke that they decided to participate with Woodland Township in the cost of culvert repair on 70^th Street  due to the DNR determination and drainage status and the high water level exists on the city side of the road. 

            Glienke was also informed by the council that Arcon Development’s request for the  reduction of building fees was rejected by the council.

Minutes

            The minutes of the October 13,2009  Regular Session were presented for approval.

            Motion by Olson, seconded by Konrath to adopt the October 13, 2009 Regular Session minutes as presented.  Carried 5-0.

Accounts Payable

            The accounts payable was presented in the amount of $42,321.79.              Motion by Holmes, seconded by Harris to approve the accounts payable in the amount of $42,321.79.  Carried 5-0.

Welcome Packet Report

            Connie Holmes presented a summary report of welcome packets delivered to new residents and the areas of the city that new residents have located in.  There have been 61 new resident packets delivered this year.  Most of the new residents are locating in new development areas, south of highway 12.

2010 Liquor License Renewals

            2010 Liquor License applications are pending for the Uptown Bar and Grill and the All American Grill and Brewhouse.  Clerk Ryks will need to submit the applications in their entirety to the State of Minnesota. 

            Motion by Harris, seconded by Konrath to approve license renewals for the All American and Uptown.  Carried 5-0.

            Discussion was held regarding holding back the approval for the All American Grill and Brewhouse until their status is known.  Clerk Ryks suggested that the license application be approved because it was submitted by the establishment owner.  If they are unable to open the business by the start of the new year, the fee could be prorated.

Web Site-John Konrath

            John Konrath distributed a price sheet from the Herald Journal (Dan Birkholz) for redesign of the city’s web site.   Design costs would be $2,800..  Additions would be at the rate of $69/hour.  There is a $35 maintenance package.  There is a $38 monthly hosting fee.  Dan Birkholz would be willing to give a presentation at a future council meeting.  The time frame for web redesign would be 30 days.  The Herald Journal provided samples of web site design done for the communities of Howard Lake, Watertown, and Cokato.

            Connie Holmes stated that some local residents may want to give the city a proposal for web design as they are independent web business owners.  This may be considered carefully as it was mentioned that if independent business owners relocate, their services may not be available in the future but an established business would be able to continue servicing the web site in the future.

Other Business

         Ken Antil inquired about the time frame for selection of a new Maintenance employee.  This was discussed last month as opening the application period on December 1, advertising for 3 weeks in the Herald Journal.  The job opening will also be posted on the electronic sign.

Ack/Recog/Announcements

            Connie Holmes recognized the Waverly Lions and Church of St. Mary for the Turkey Dinner/Bingo event which will take place this weekend at the Knights of Columbus Hall. 

            The Waverly Fire Department was acknowledged for the appreciation dinner event held last month.

            The Howard Lake Waverly Winsted FFA was recognized for their participation at an Indianapolis competition. 

Adjournment

         Motion by Olson, seconded by Konrath to adjourn the meeting at 8:35 p.m.  Carried 5-0.

Deborah Ryks, Clerk                                                Ken Antil, Mayor