November 12, 2008
Regular Session





Pursuant to notice and call the Waverly City Council met in regular session at 7:00 p.m. on Wednesday, November 12, 2008 in the council chambers of Waverly City Hall. Those in attendance were Mayor Ken Hausladen, Clerk Deb Ryks, and Council Members: Ken Antil, Deb Hausladen, Gary Olson, and Pam Henry-Neaton. Maintenance Supervisor John Rassat and Municipal Liquor Store Bookkeeper Mary Klingelhoets were also present at the meeting.





Agenda

Motion by Pam Henry-Neaton, seconded by Ken Antil to approve the agenda as presented. Carried 5-0.



Requests from the Public

Randy Rasset, 3279 70th Street SW was present at the meeting to discuss property taxes with the council. His property was incorrectly annexed into the city with another annexation in 2005. He presented a letter from the Wright County Assessor stating the difference in taxes paid to the city in 2008 rather than Woodland Township. The error was corrected in 2008 with a detachment petition, however, property taxes had already been paid based on city tax rates. The possibility of a tax abatement was discussed, however, a refund may be in order since the taxes were paid. The council asked that Randy Rasset return to a future council meeting with the total taxes paid on his property for the City of Waverly versus Woodland Township. Clerk Ryks was directed to contact the League of Minnesota Cities and the City Attorney in regard to the request for a refund of city based taxes to determine the appropriate procedure.



Steve LaPlant, All American Grill & Brewhouse

Steve LaPlant, All American Grill and Brewhouse was present at the meeting to request approval for an off sale license for the microbrew at his establishment. State regulations would allow the off sale of microbrew in 64 ounce bottles.

Motion by Ken Antil, seconded by Gary Olson to approve the off sale microbrew license as requested. Carried 5-0. The application was signed by the Clerk and the Mayor for submission to the State of Minnesota by LaPlant.

The 2009 liquor license renewal for the All American Grill and Brewhouse was considered. The license renewal application was completed in its entirety as well as the Certificate of Insurance for the license period. Clerk Ryks commended LaPlant for the correct submission of the application and the accompanying documents.

Motion by Ken Antil, seconded by Gary Olson to approve the liquor license renewal for All American Grill and Brewhouse.. Carried 5-0.



Acknowledgements, Recognition, Announcements

Pam Henry-Neaton commended all candidates that filed for elected city positions. She encouraged all candidates, whether successfully elected or not, to remain involved in the local government and community.



October Building Inspection Report

Building Inspector Beckfeld reported that one new construction permit was issued in October. There were stop work orders posted on 8 unfinished homes. Brick is being installed on the front of 7 of those homes. New permits were issued for the brick installation with the exception of the home without siding. A mold company has been contracted to examine the home for mold damage. The expense for the mold inspection is borne by the mortgage company that has foreclosed on the home.


Public Hearing-Proposed Utility Assessments

The public hearing was opened at 7:15 p.m. The purpose of the hearing is to hear comments and objections from property owners who have a proposed assessment for unpaid utilities. Resolution 08-11 was presented for council's consideration. There were no persons wishing to speak at the hearing, however, the council left the hearing open for 15 minutes pending additional comments. An individual was seated in the audience who indicated that she was present to witness the council's action on this issue. It was unclear whether she was a rental property occupant or a resident of Waverly.

There were proposed assessments for delinquent utility bills in the amount of $58,052.35. The Resolution states that the proposed assessment may be prepaid until November 21, 2008. The assessments need to be certified to the Wright County Auditor no later than November 28, 2008.

The public hearing was closed at 7:30 p.m.

Motion by Ken Antil, seconded by Pam Henry-Neaton to adopt Resolution 08-11 for the certification of assessments for unpaid utilities. Carried 5-0.



MLS Report-October 2008

The October 2008 Municipal Liquor Store Report was presented for approval.

The monthly profit for October 2008 was $924.89. The Year to date loss is $5200, however reimbursement is expected from a pending insurance claim. Sales are consistent. The special Halloween event was very successful. A large inventory exists at the present time.

Motion by Ken Antil, seconded by Gary Olson to adopt the October 2008 Municipal Liquor Store Report. Carried 5-0.



Parks Department

The next meeting of the Park Commission is November 26, 2008.





Planning and Zoning Report

Connie Holmes was present at the meeting to give the Planning Commission report. She reported that the Planning Commissioners reviewed the Rental Property Ordinance that was adopted.

The Commissioners also reviewed information received from Otto Associates regarding platting for community cemeteries. This was for informational purposes only. The October 16, 2008 Minutes were reviewed by the council.



Economic Development Authority

Connie Holmes was present at the meeting to give the Waverly Economic Development Authority report.

The October 27, 2008 Minutes were reviewed.

Holmes reported that a joint meeting was held with city committees and interviews were conducted of two planning firms being considered for the development of a comprehensive plan/park study. A recommendation was made by the Waverly Economic Development Authority to contract Northwest Associated Consultants for the development of a comprehensive plan/park study. The cost for planning services is $33,500 not including engineering. The firm is willing to eliminate unnecessary costs. References were obtained from the cities of Montrose, Delano, and Buffalo. Positive references were received with the comment that the method used to develop the plan was liked. Holmes asked the council to consider action to begin negotiations with Northwest Associated Consultants for a "not to exceed" contract.

Motion by Ken Antil, seconded by Ken Hausladen to enter into a contract with Northwest Associated Consultants for comprehensive planning/park planning services. Carried 5-0.

The council decided that the City Attorney would be retained to conduct a final review of the consultant contract. Holmes informed the council that a future planning area would need to be established prior to involving the City Engineer in the development of the Comprehensive Plan. The council discussed the existing orderly annexation boundaries. Currently the planning area includes an eastern boundary of Crofoot Avenue, a western boundary of Gowan Avenue, a northern boundary of County Road 107, and a southern boundary of 80th Street. The council is interested in relocating the northern planning area boundary to meet Buffalo's southern boundary.

A summary of the Community Survey results was distributed. Copies will be available at the City Office reception window for review by the public.


Maintenance Report-John Rassat

Maintenance Supervisor John Rassat reported that he was contacted by Mike Stevens, the developer of the Waverly Industrial Park regarding complaints he has received about the newly constructed extension of Douglas Drive from 6th Street to CSAH 8. The complaints are from residents reporting speeding vehicles. Rassat reported that the street could be closed for the winter by using a barricade to keep traffic off of the new street due to speeding problems. Rassat would like to leave the street open and post 30 MPH speed limit signs along Douglas Drive. Police patrolling could be requested to restrict speeding traffic.

Motion by Ken Antil, seconded by Ken Hauslden to post two speed limit signs on Douglas Drive on each end of the street. Carried 5-0.

Rassat informed the council that the range in the Village Hall kitchen is in need of repair. The repair cost is in excess of $600. Rassat is recommending that the range be removed and replaced with a new natural gas range that is up to code. The cost for a new range is $337 and two ranges are needed. The existing range does not have a sensor to shut off the gas and this is due to the age of the appliance. This is a safety issue as the kitchen is used by the public when the building is rented for private/public functions. Motion by Gary Olson, seconded by Deb Hausladen to purchase two new ranges for the Village Hall. Carried 5-0.


City Engineer-Barry Glienke

City Engineer Barry Glienke was present at the meeting to give the monthly engineering report.

He presented Payment Application #7/Final Payment Estimate for the 5th/7th Utility-Street Improvement project. The final payment is for retainage and is payable to Randy Kramer Excavating in the amount of $46,025.95.

Motion by Pam Henry-Neaton, seconded by Ken Antil to approve the final pay estimate in the amount of $46,025.95 to Randy Kramer Excavating for the 5th/7th Street/Utility Improvement project. Carried 5-0.

A letter and invoice was recently received from the Minnesota Department of Transportation for the final payment due on the 2001 Highway 12 Reconstruction project. The requested payment amount is $252,055.72 for the city's portion of the highway 12 improvements and 8% state engineering costs. This billing was unexpected since the project was completed in 2001. There had been no communication from the State of Minnesota regarding the final payment. An advance payment was made by the city prior to commencement of the project. This situation has occurred in the cities of Howard Lake and Cokato as well. Montrose was also billed several years after their project was completed. A deferred payment plan of three years has been offered to Howard Lake and Cokato and has been extended to Waverly. Waverly's final billing is considerably more than the other cities because of the addition of sanitary sewer installation to the original project. City Engineer Glienke will review the quantities and verify the final figures included in the letter received from the Minnesota Department of Transportation. The council authorized Clerk Ryks to negotiate with Waverly's State Representative to provide a longer payment term.


Minutes

The minutes of the October 14, 2008 Regular Session were presented for approval.

Motion by Ken Antil, seconded by Gary Olson to adopt the October 14, 2008 Regular Session minutes as presented. Carried 5-0.



Accounts Payable

The accounts payable was presented in the amount of $61,803.48.

Motion by Ken Antil, seconded by Gary Olson to approve the accounts payable in the amount of $61,803.48. Carried 5-0.



Animal Ordinance-

A member of the public asked about the Waverly Animal Ordinance. Licensing of animals and the maximum number of animals allowed per household was discussed.

Clerk Ryks was asked to provide the Animal Ordinance to council members prior to the December Council Meeting. The ordinance will be reviewed at the December Council Meeting.



Welcome Packet Report

Clerk Ryks reported that the Royalty Committee has assumed the program. Waverly Royalty Ambassadors came to the City Office and picked up 10 packets to be delivered. There are two new resident requests for Welcome Packets this month. The Ambassadors reviewed the assembly procedure with Clerk Ryks. The Royalty Committee contacted Council Member Pam Henry-Neaton and asked about completion of the Welcome Packet delivery and forms to submit. The compensation of $250 for the assembly and delivery of welcome packets by the Royalty Committee was agreed to by the council. Clerk Ryks asked about the procedure for payment. The council stated that the payment will be made with the annual contribution.


Summary of Closed Session-October 14, 2008

A summary of the Closed Session of October 14, 2008 was read aloud by Mayor Hausladen. The meeting was closed to conduct discussion of a personnel issue at the Waverly Municipal Liquor Store with management..



Financial Management Plan

Approval of the financial management plan document was carried over from last month pending additional time for council review. Clerk Ryks changed the adoption date to tonight's meeting date.

Motion by Deb Hausladen, seconded by Ken Antil to adopt the Financial Management Plan. Carried 5-0.



Wright County Assessor's Agreement-2010-2011

The proposed agreement with the Wright County Assessor for 2010-2011 was presented. Clerk Ryks informed the council that the rates have gone unchanged since 2006-2007.

Motion by Pam Henry-Neaton, seconded by Gary Olson to approve the agreement with the Wright County Assessor for 2010-2011. Carried 5-0.


Office Assistant Hiring

The Office Assistant position was discussed. Clerk Ryks reported that 32 applications were received for the position. The selection process was discussed. Clerk Ryks scored the applications as they were received. Discussion was held regarding the application review process. It was decided that Clerk Ryks would select the top five scoring candidates for the position. The candidates will be called for interviews. Letters will also be sent to the applicants in which interviews are scheduled. The interviews will take place on December 15, 2008 at 5:00 p.m. There will be 20 minute time allotments for each interview so that the interviewing is completed by 7:00 p.m. A continuation hearing for truth in taxation is scheduled for 7pm on December 15, 2008.



JSM Foods Liquor License

The liquor license renewal for the JSM Foods dba Uptown Bar and Grill will need to be considered by the council. The application has not been received. Clerk Ryks asked the council to consider approval pending receipt of the renewal application and the certificate of insurance for the license period.

Motion by Ken Antil, seconded by Pam Henry-Neaton to approve the renewal of the liquor license for the Uptown Bar and Grill pending receipt of license renewal documents. Carried 5-0.



Adjournment

Motion by Gary Olson, seconded by Ken Antil to adjourn the meeting at 8:20 p.m. Carried 5-0.



__________________________ _______________________

Deborah Ryks, Clerk Ken Hausladen, Mayor