City of Waverly Minutes

CITY OF WAVERLY CITY COUNCIL MINUTES November 13, 2007 Regular Session Pursuant to notice and call the Waverly City Council met in regular session at 7:00 p.m. on Tuesday, November 13, 2007 in the council chambers of Waverly City hall. Those in attendance were Mayor Ken Hausladen, Clerk Deb Ryks, and Council Members: Ken Antil, Gary Olson, Pam Henry-Neaton, and Deb Hausladen. Agenda Motion by Ken Antil, seconded by Gary Olson to approve the agenda as presented. Carried 5-0. The Douglas property will be discussed under old business at the request of Ken Antil. Waverly Lions Club-Charitable Gambling Pete Chmielewski, Waverly Lions Club was present at the meeting to request a new resolution for approval for charitable gambling at the All American Grill and Brewhouse, 101 Summerfield Drive. The charitable gambling permit for this location expire because it was issued over 90 days ago. Resolution 07-11 was presented to authorize charitable gambling at the All American Grill and Brewhouse. Motion by Gary Olson, seconded by Ken Antil to adopt Resolution 07-11 authorizing charitable gambling at All American Grill and Brewhouse. Carried 5-0. The charitable gambling lease for the Waverly Municipal Liquor Store needs to be renewed. The lease terms remain the same. Resolution 07-11-2 was presented for renewal of the charitable gambling lease with the Waverly Municipal Liquor Store. Carried 5-0. October Building Inspection Report-Rob Beckfeld Building Inspector Beckfeld reported that there were 39 reroof permits issued in October. Storm damage repair permits are still ongoing. No new home construction permits have been issued since June. This is consistent throughout the region with the housing slow down. The Humphrey Elementary School renovation project and the Church of St. Mary Parish Center project are both finaled. The All American Grill and Brewhouse restaurant postponed its opening until this coming weekend. Beckfeld performed the final inspection today. The final inspection for HVAC is scheduled on Thursday. The certificate of occupancy should be issued on Friday. Some new home construction projects are dormant and have been abandoned by the builders. Some are ready to be finaled and others are in need of finish work. Some builders have gone out of business. The financial institutions will have the building projects finaled or sell to other builders to finish. Building permits are good for 180 days to start construction. If a project is ceased for 180 days, the building permit can be expired. This is in accordance with Minnesota Building Code requirements. Beckfeld has been searching for builders or owners to contact on the unfinished building projects. CMC Homes took out 10 building permits in 2007 and they have halted construction on a few of their building projects. Beckfeld has heard they are back in business but are currently not performing activity in Waverly. Rob Beckfeld will report to the Planning Commission on November 15, 2007 of any update from building companies The Planning Commission reviewed the city building ordinance and did not find any recourse the city could take on unfinished home building projects. Rob Beckfeld will put a list together of home addresses where building is inactive for the council to review at the December 11, 2007 council meeting. Maintenance Supervisor John Rassat will conduct a drive through inspection for weed violations. Rob Beckfeld will check on dumpster conditions at inactive construction sites. Clerk Ryks asked Rob Beckfeld to speak with Pete Chmielewski, Waverly Fire Department about the requirements of a lock box at All American Grill and Brewhouse. Public Hearing-Proposed Assessments for Unpaid Utilities The public hearing was opened at 7:15 p.m. to hear comments from property owners regarding proposed utility assessments. There was no one present wishing to address the council regarding the proposed assessment to the 2008 taxes for unpaid utility charges. The hearing was held open until 7:50 p.m. There was no one present wishing to address the council. The public hearing was closed at 7:50 p.m. Motion by Pam Henry-Neaton, seconded by Ken Antil to adopt Resolution 07-11-1 adopting the assessment list for unpaid utilities. Carried 5-0. October Municipal Liquor Store Report-Wanda Tussing Manager Wanda Tussing was present at the meeting to give the October Municipal Liquor Store Report to the council. The financial report for the month of October was reviewed by the council. The October monthly profit was $4,645.60. Sales have increased and management is holding on liquor inventory reflecting in a monthly profit. Tussing informed the council that she is interested in checking on the requirements for heated patios for smokers. Tussing inquired about snow removal for the front sidewalk at the Municipal Liquor Store. Maintenance Supervisor John Rassat will ask Gene Packard if he is interested in the job. Motion by Deb Hausladen, seconded by Pam Henry-Neaton to adopt the October Municipal Liquor Store Report. Carried 5-0. Parks Department-Ryan DeMars Park Commission Chairman Ryan DeMars was present at the meeting to give the council a monthly update on Parks Department activities. DeMars informed the council that John Rassat obtained pricing from three vendors for 100 trees. The lowest cost estimate was received from Metro West Irrigation and Landscaping, Inc. in the amount of $2,359.40. The trees will be planted in the following park areas: Summerfields, Carrigan Meadows, Railroad Park, and Waverly Terrace park. DeMars informed the council that trees were included in the Summerfields park budget and the Carrigan Meadows park fund has money available. The general maintenance fund will be used for Waverly Terrace tree planting. John Rassat will be renting an auger for the tree planting as this is the procedure that was suggested by the landscape company for bare root delivery. Motion by Ken Antil, seconded by Deb Hausladen to authorize the Parks Department to purchase the 100 trees as proposed. Carried 5-0. DeMars reported that the bench public purchase/dedication program was discussed by the Park Commissioners. Maintenance Supervisor Rassat compiled design and cost information for the Commissioners to review. A bench design was chosen. The cost is $415 per bench. Rassat is currently checking on engraving options. Rassat stated that the Maintenance Department would like to order one bench as a prototype for this program. Concrete installation of the benches will be done by maintenance employees. Maintenance Supervisor John Rassat submitted information obtained on memorial footstones. 1’ x 1’ stone blocks, 2-3 inches thick were quoted at a $70 cost and $75 for engraving. It was suggested that the block program be advertised on Memorial Day for placement at Railroad Park. The building of a stone border adjacent to the Memorial Monument and the flagpole is proposed. The council asked the Park Commissioners to work on guidelines for the memorial block program and engraving requirements. Rassat reported that he attended an Ice Festival planning meeting. The Montrose-Waverly Chamber of Commerce is starting organizational activities for the January 26, 2008 event. Rassat reported that he discussed the restructuring of the parks department and duties of the Park Commission with the Park Commissioners last month. There was a positive response received from the Park Commissioners. Maintenance Report Maintenance Supervisor John Rassat reported that Street sweeping has been completed. The city Parks are closed for the season. Seasonal maintenance duties have been completed. A storm damage claim was filed with the city insurance company. Two quotes were requested for roof repairs. The cost estimates will be evaluated by the insurance adjuster. The work will be performed next June. The insurance adjuster reviewed city buildings and roof repair was deemed necessary for the buildings at Legion Park and also the wellhouse at Waverly Terrace. The park pavilion may need to be resided. The council members suggested that Rassat review possible time requirements for the repair work in the case there are specific time limits connected with the insurance claim. Rassat stated that the city will need to wait for the insurance determination. Rassat informed the council that the F350 truck has needed substantial repairs recently. The truck has 34,000 miles on it and it is on the third starter, and four relays have been replaced. Vehicle repair costs are escalating due to the needed truck repairs. The truck was purchased in 1995. Rassat gave an update on the Industrial Park construction work. The sand has been installed for the road. The street will be ready for curb and gutter in the spring. The construction crew is waiting for spring bituminous installation to allow for settling through the winter. The road is built to grade and the contractor will keep it open for the marketing of the industrial lots. Mike Stevens will be calling a meeting in the spring regarding issues involving the retention pond construction. There was a discrepancy in the construction plans regarding the depth of retention pond. Stevens purchased the land from Arcon Development and need to review their purchase agreement regarding financial responsibility for this issue. Economic Development Authority President John Konrath stated that Mike Stevens telephoned him today and would like an informal meeting scheduled before spring. A representative from the council, City Engineer Barry Glienke, and the Maintenance Supervisor are requested to attend the meeting to discuss the retention pond. Planning Commission Chairman Bob Winters was present to give the Planning Commission report to the council. The Planning Commission will hold one meeting per month starting in November. Variance guidelines were written for applicants. Rental housing ordinances are scheduled to be reviewed and submitted to the council in December. Economic Development Authority Shelly Eldridge-Ehlers and Associates was present at the meeting to discuss the terms of the Lease Purchase Agreement for the industrial land that will be acquired from the city from the Economic Development Authority. Eldridge Negotiated with Citizens State Bank of Waverly for a 10 year bond with refinancing after 10 years if needed. The estimated interest rate is 4.65%. Average annual payments of $17,000 are proposed. The Council had figured annual payments of $13,000 for this debt but the previous levy for the maintenance building lease was $23,000 per year. This is tax exempt financing. If the land was sold to another public purpose entity, the sale proceeds would need to be paid on the balloon payment. The type of financing is tax exempt and required for public purpose. Under this type of financing arrangement, the land could not be sold to a private developer for economic development purposes. Mayor Ken Hausladen reported that he spoke with Fire Chief Mark Karels and he was informed that in 2-3 years, the Waverly Fire Department may be interested in purchasing the land. Their financial condition needs to improve before entering any agreements to purchase land. Resolution 07-11-3 providing for the issuance of a $217,500 lease purchase agreement Series 2007B was presented for council approval. Motion by Ken Hausladen, seconded by Gary Olson to adopt Resolution 07-11-3 as presented. A roll call vote was taken. Pam Henry-Neaton-yes; Deb Hausladen, yes; Ken Hausladen-yes; Ken Antil-yes; and Gary Olson-yes. The vote was carried 5-0. Economic Development Authority John Konrath thanked the city for acquiring the land debt through the lease transaction. This will allow the Economic Development Authority to pursue other projects. Konrath reported that Noel Labine, Wright County Economic Development Partnership made a presentation to the Economic Development Authority regarding reactivation of Waverly’s membership. The Commissioners have requested that the council make the decision on the membership with the organization. The annual membership fee is $222.50 and would be paid from EDA funds. Membership renewal could bring in business through advertising in the county’s brochure. If the city plans to participate, the info is needed for the ad by February 2008. The city had been unhappy with the services received from the Wright County Economic Development Partnership in the past. It was decided that Clerk Ryks would invite Noel LaBine to make a 5 minute presentation to the council at the December 11, 2007 council meeting. John Konrath will organize an informal meeting with Stevens West 2 as soon as possible. Attendees include Red Barn Engineering, Barry Glienke, Bolton & Menk, Gary Olson, and Ken Antil, council representatives, John Konrath, EDA representative, and Maintenance Supervisor John Rassat. Mayor Hausladen may be interested in attending the meeting. If there will be more than two council members planning to attend, the Clerk will post the meeting. Council Member Ken Antil suggested that Rick Packer, Arcon Development be included in the meeting since the purchase agreement terms should be discussed regarding the financial responsibility for the retention pond in the Carrigan Meadows subdivision. Stevens West 2 purchased the land from Arcon Development after the preliminary plat was approved. City Engineer’s Report City Engineer Barry Glienke was present at the meeting to give the monthly engineering report. Glienke received a request from Louchs Associates for a Letter of Credit Reduction for the Summerfields 3rd/4th Addition development work and grading. Glienke reported that he needs to verify the completion of the project and will submit a letter of recommendation to the city. The verification should be completed in approximately 2 weeks. Glienke presented information regarding the council’s request for Pedestrian Crossing Markers on Highway 12. A MN Dot permit is required. The cost is $300 per sign. An official intersection is required by the State of Minnesota for placement of the pedestrian signs. Waverly would only have one qualifying intersection for placement of the pedestrian markers and it is required that the signs be removed for the winter. Some communities have experienced problems with trucks hitting the signs. This issue may be considered at a later time. Mayor Ken Hausladen asked County Commissioner Jack Russek about the status of the pedestrian crosswalk painting on CSAH 8 and Douglas Drive. Russek stated that Wright County standards require sidewalks on both sides of the CSAH to qualify for crosswalk installation. This matter will be tabled until sidewalks are located on both sides of CSAH 8. The council discussed the procedure for a speed limit reduction on CSAH 8 due to the residential area south of highway 12. Commissioner Russek informed the council that a Petition for a speed study on CSAH 8 in Summerfields area would need to be submitted by the county. The state has the final decision on speed limits on CSAH areas. He added that come communities have been disappointed with a speed study that allowed an increase of the speed limit on a specific roadway. The speed study will monitor the speed of vehicles and the average speed driven will be determined by the state. Russek will pursue the petition for the speed study on the City of Waverly’s behalf. Mayor Hausladen asked Maintenance Supervisor John Rassat when the crosswalk at Douglas Drive at the 4 way stop locations would be installed. Rassat stated that the crosswalk installations have been completed approximately 4 months ago. He was not under the impression that a crosswalk was approved on Douglas Drive. He installed a sidewalk on the trail system in that location. Clerk Ryks will check the minutes of the May council meeting for verification. City Engineer Glienke informed the council that crosswalks are allowed in areas with sidewalks on both sides of the street. It is not legal to install crosswalks to private property without a sidewalk. This matter will be discussed once the council’s action in May is verified through the minutes. Minutes The minutes of the October 3, 2007 Park Maintenance Meeting were presented for approval. Motion by Ken Antil, seconded by Deb Hausladen to adopt the minutes of the October 3, 2007 Park Maintenance meeting as presented. Carried 5-0. The minutes of the October 9, 2007 Regular Session were presented for approval. Motion by Gary Olson, seconded by Ken Antil.to adopt the October 9, 2007 Regular Session minutes as presented. Carried 5-0. Accounts Payable The accounts payable was presented in the amount of $72,429.20. Motion by Pam Henry-Neaton, seconded by Deb Hausladen to approve the accounts payable in the amount of $72,429.20. Carried 5-0. Welcome Packet Report Deb Hausladen reported that new resident welcome visits are up to date. There were 6 visits done last month. 2008 Liquor License Renewals. Liquor license renewals for the Uptown Bar and Grill and Pizza America, Inc. (All American Grill and Brewhouse) are due for renewal for the 2008 license year. Clerk Ryks has forwarded the renewal forms to the applicants. She will submit the forms to the State of Minnesota once the forms are returned with the appropriate insurance certificates. Motion by Ken Antil, seconded by Deb Hausladen to approve the license renewals for Pizza America, Inc. and Uptown Bar and Grill LLC pending the completion of the applications and submission of the liquor liability insurance certificates. Carried 5-0. 2008-2009 Police Contract with Wright County The Police Protection contract with Wright County was presented for approval for the 2008-2009 contract period. The hourly rates are $54 per hour in 2008, and $56 per hour in 2009. Motion by Ken Antil, seconded by Deb Hausladen to adopt the 2008-2009 police protection contract with Wright County as proposed. Carried 5-0. Pam Henry-Neaton asked about contract language regarding signage on the city office building for the Wright County Sheriff’s Department and telephone number. Henry-Neaton will check with Sheriff Gary Miller about the signage. Quarterly Committee Joint Meeting A Joint Quarterly Meeting was scheduled for December 20, 2007 at 7pm in conjunction with the December Planning and Zoning meeting. Meeting notices will be sent out by the Clerk to committee members. Flag Policy for Recognition Mayor Hausladen reported that he spoke with Waverly resident Irene Woitalla about the adoption of a Flag Policy to recognize long time residents that have passed away by lowering United States Flags located on public property to half staff. Clerk Ryks submitted a request for information from the League of Minnesota Cities regarding this request and whether there are legal implications for adopting this policy. This item will be tabled pending information from the League of Minnesota Cities. Douglas Property Council Member Ken Antil read a letter he received regarding the cancellation of the purchase agreement with Trailhead Development. Trailhead Development had submitted a conceptual plan to the city for the proposed Carrigan Trails residential subdivision. The land was annexed into the city in 2005. Engineering fees were incurred for plan review for the Carrigan Trails development. An invoice was forwarded to the developer and was never paid. Discussion was held about the procedure for development cost reimbursement. This specific development plan was submitted in 2003 and has been pending ever since. The city currently requires a predevelopment agreement and cash deposit prior to reviewal of the conceptual plan. It was decided that this matter would be turned over to the City Attorney for collection for engineering fees incurred by the city for the proposed Carrigan Trails development. Motion by Ken Hausladen, seconded by Ken Antil to refer this matter to the City Attorney. Carried 5-0. Truth in Taxation Hearing Reminder The Truth in Taxation hearing is scheduled on December 3, 2007 at 7:00 p.m. The continuation hearing scheduled for December 10, 2007 will not be held unless it is necessary. Acknowlegements/Recognition/Announcements Council Member Pam Henry-Neaton thanked Wright County Commissioner Jack Russek for attending council meetings and providing information to council members. Adjournment Motion by Ken Antil, seconded by Gary Olson to adjourn the meeting at 8:45 p.m. Carried 5-0. __________________________ __________________________ Deborah Ryks, Clerk Ken Hausladen, Mayor

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