City of Waverly Minutes

CITY OF WAVERLY CITY COUNCIL MINUTES November 14, 2006 Regular Session Pursuant to notice and call the Waverly City Council met in regular session at 7:00 p.m. on Tuesday, November 14, 2006 in the council chambers of Waverly City Hall. Those in attendance were Mayor Bush, Clerk Ryks, and Council Members: Antil, Hausladen, and Henry-Neaton. Council Member Olson was absent. Agenda There were no additions made to the agenda. Item 19-c. Church of St. Mary Temporary On Sale License Application for February 10, 2007 was deleted from the agenda. Clerk Ryks was informed that the Church of St. Mary will proceed with a 3.2 beer license or a sponsorship by the Waverly Lions for the special event on February 10, 2007 at the Waverly Village Hall. Judd Meyer-Uptown Bar and Grill-2am Liquor License Judd Meyer, Uptown Bar and Grill was present at the meeting to discuss his request for a 2am liquor license. He presented research that he conducted on his own regarding additional police protection and criminal activity and other establishments that have 2am liquor licenses. Sheriff Miller informed Meyer that there has not been additional police calls or an increase in criminal activity due to the 2am liquor licensed establishments. Meyer reported that there are two 2am licensees in close proximity to Waverly. There are several bars in Carver County that have 2am liquor licenses. Meyer reiterated that he wants to pursue the 2am liquor license because of a 10-15% loss of business. He will advertise the extended hour of operation on Friday and Saturday nights only and for special events. Meyer informed the council that the music will be shut down at 1:30 a.m. so that the bar is cleared by 2am. Motion by Antil, seconded by Hausladen to go ahead with the 2am license for the Uptown Bar and Grill. The Motion was amended to state that the City of Waverly liquor ordinance is amended to allow liquor sales to 2am. Carried 4-0. Meyer stated that if the extended hour of operation does not work well for the city, it can be addressed upon renewal of the license. Meyer would be willing to work with the city in regard to any problems that are noted with the 2am license at the time of the 12 month license renewal. Requests from the Public There were no requests from the public. Wright County Sheriff Deputy Feinstein, Wright County Sheriff’s Department was present at the meeting. He did not have any new updates for the council. The council asked his opinion from a police prospective regarding the 2am liquor license approval. He reported that police coverage only exists one half hour past the 2am closing. Previously, police coverage lasted one and one half hour after the 1am closing. Maintenance Supervisor Rassat informed the Deputy that several street lights were ran down in the Woodland Shores/Windgate developments. A report was made to the police and Xcel will be repairing the lights. It would be appreciated if the Wright County Sheriff’s Department would keep an eye out for vandalism in this area of the community. Fire Assessments Clerk Ryks planned to discuss the procedure for fire assessments for tax collections in 2007 with Chief Karels. Since there was not a representative present at the meeting, a possible change in the procedure for assessments for fire protection was not discussed. If Clerk Ryks is not contacted by the fire department with any changes to the fire assessments by the week of November 27, 2006, she will assume that the procedure will remain unchanged for the 2007 assessment year. The assessments are due to the Wright County Auditor by November 30, 2006. City Engineer’s Report-Barry Glienke City Engineer Glienke presented Change Order #1 for the 2005 Utility Improvement project in the amount of $1,841.51. This change order includes the utility connection on Lake Avenue. Motion by Henry-Neaton, seconded by Hausladen to approve Change Order #1 in the amount of $1,841.51 for the 2005 Utility Improvement project. Carried 4-0. Payment Request #6 in the amount of $41,772.11 for the 2005 Utility Improvement project was submitted for approval. Council Member Antil asked for the balance remaining on this project. Glienke reported that the retainage is remaining to be paid for this project. Antil requested that a listing be submitted at the December 12, 2006 meeting that includes the amount paid for all city projects, the amount left to be paid for comparison purposes to the total amount bonded. Engineer Glienke and Clerk Ryks will work on this list of the funding available to pay the remaining balances on the city projects. Motion by Henry-Neaton, seconded by Hausladen to approve Payment Request #6 in the amount of $41,772.11 for the 2005 Utility Improvement project. Carried 4-0. Church of St. Mary-Final Construction Plans City Engineer Glienke recommended that the council approve the final construction plans for the Church of St. Mary contingent upon Engineer Glienke and Maintenance Supervisor Rassat’s review and approval. This is due to numerous changes to the original plans. Motion by Henry-Neaton, seconded by Antil to approve the final construction plans for the Church of St. Mary based upon review and approval of the final drawings and addendums by Engineer Glienke and Maintenance Supervisor Rassat. Carried 4-0. Public Hearing-Utility Assessments The public hearing was opened at 7:15 p.m. There was no one present to address the council regarding the proposed utility assessments. The hearing was left open for 10 minutes pending the arrival of interested parties wishing to address the council. A letter was received by the City Clerk from Don Meyerson Homes in regard to the proposed assessment for 107 Summerfield Drive. The amount owed to the city is $1,085.83. The council previously discussed a settlement offer for the utility balance for this property in the amount of $275.00 in March 2006. The council declined the offer because the residence was billed for water usage and not sewer use. The rental property received water service and did not contact the utility department after numerous notices that an electronic meter needed to be installed along with an inside meter reading. If sewer was charged, it would have resulted in $662.13 in additional charges on the utility bill. Therefore, a credit for sewer service was already issued for this property. Clerk Ryks received information from the Wright County web site that the property was sold recently. Meyerson claimed that a title search showed that a delinquent bill was not owed. Clerk Ryks did not locate a copy of a title search but recalled speaking directly to a caller from a title company regarding this property and specifically informed them of the bill that was delinquent in utility charges. Since the property has been sold, if it is assessed, the current owners would be affected. It was stated that the new owners could pursue this issue with the realtor/title company. In the future, if six months expire without contact by the occupants of a residence in which a meter reading is needed for bill calculation, the water service will be disconnected. A utility bill was left unpaid in the amount of $678.91 from a previous occupant and business owner of the Waverly Café. As the property owner, Mark Karels was notified of the proposed assessment. He informed Clerk Ryks that he did not use the water and would be unable to collect the delinquent amount from the previous occupant as she is no longer living in the State of Minnesota. He informed Ryks that other utility companies were also owed for services provided to the restaurant business. Karels stated that he planned to attend the public hearing but was not present. It was no known whether his objection was withdrawn since Karels was not present at the hearing. The proposed assessment was not removed from the assessment roll. Resolution 06-11 was presented for the adoption of the assessment roll for unpaid utility charges. Motion by Henry-Neaton, seconded by Antil to adopt Resolution 06-11 for the assessment of unpaid utility charges. Carried 4-0. Minutes The minutes of the October 6, 2006 Work Session were presented for approval. Motion by Antil, seconded by Hausladen to approve the October 6, 2006 Work Session minutes as presented. Carried 4-0. The minutes of the October 10, 2006 Regular Session were presented for approval. Motion by Henry-Neaton, seconded by Antil to approve the October 10, 2006 Regular Session minutes as presented. Carried 4-0. The minutes of the October 24, 2006 Liquor Committee meeting were presented for approval. Motion by Hausladen, seconded by Henry-Neaton to approve the October 24, 2006 Liquor Committee meeting minutes as presented. Carried 4-0. Council Member Henry-Neaton stated that some issues need to be clarified with liquor store staff prior to year end. A meeting will be scheduled with liquor store staff to take place at the December 8, 2006 Work Session or at a later date in December, 2006. Accounts Payable The accounts payable was presented in the amount of $150,584.09. Motion by Henry-Neaton, seconded by Hausladen to approve the accounts payable in the amount of $150,584.09. Carried 4-0. Council Member Antil inquired about the responsibility for payment of gopher state one call location requests. The utility companies are responsible for paying the invoices because of the ownership of utility lines. Homeowners are not responsible to pay for the service. The location requests are received for all types of construction work including new construction, utility connection, tree planting, real estate sign installation, etc. Utility companies including the City of Waverly, Xcel Energy, and Lakedale Telephone are required to mark their utility lines. Park Commission Report Parks Superintendent Jim Woitalla reported that EFA is working on the playground installation at Carrigan Meadows Park. A grand opening event will be planned for next spring. Council Member Hausladen asked Woitalla why the playground equipment was not installed during October as Woitalla reported last month. Woitalla stated that EFA was held up on other job sites in October. In the future, a time of completion will be included in the contract. The guidelines written for developers will be revisited by the Park Commissioners to address concerns expressed by Engineer Glienke. The initial review was done by the council at the November 13, 2006 work session. The Park Commissioners are waiting to work on plans for the development of the park in Woodland Shores until the Carrigan Meadows park is completed as well as a review of the finances for park development. Planning Commission Report A representative was unable to attend the meeting to give the Planning and Zoning report. A written report was included in the council packet. The report included information regarding the Planning Commissioners meeting with representatives from Kristall Homes and Development regarding new plans for Carrigan Estates. A public hearing may be scheduled in December to address the plat change. Economic Development Authority Deb Hausladen reported that a presentation was heard by all committees from Municipal Development Group at October 30, 2006 meeting. The next meeting is scheduled for November 28, 2006. Maintenance Report Maintenance Supervisor Rassat reported that the siren located in Railroad Park will be removed. A new pole will be installed for the mounting of a new siren with expanded coverage. The siren will be purchased in 2007. The pole will be installed in March 2007. The order for the pole should be placed at the present time so that delivery can take place in March 2007. The cost of the pole is $1,970. Motion by Antil, seconded by Henry-Neaton to purchase the pole in the amount of $1,970. Carried 4-0. The plow for the 2007 International Truck will be ready for pick up on Monday, November 20. The delay in the plow delivery was due to the salesman’s vacation and the placement of the order after returning from vacation. Community Liaison Pam Henry-Neaton reported that she has 6 welcome visits to be completed this month. Interfund Loan Resolution Resolution 06-11-1 was prepared by Ehlers and Associates for accounting purposes regarding the interfund loan from the equipment fund to the Municipal Liquor Store. Motion by Antil, seconded by Hausladen to adopt Resolution 06-11-1 authorizing the interfund loan to the Municipal Liquor Store for equipment purchases. Carried 4-0. Council Member Hausladen asked that an itemized list of transfers from the savings account to the checking account be reported to the council as they occur. This is for the accounting of the use of funds by the liquor store. Council Member Henry-Neaton asked Clerk Ryks to make copies of the interfund loan resolution and payment schedule to Wanda Tussing and Mary Klingelhoets so that they understand the stipulations connected to the interfund loan. Proposal for Auditing Services-Conway, Deuth & Schmiesing The proposal for auditing services for the fiscal year ending December 31, 2006 was received from Paul Harvego of the firm of Conway, Deuth and Schmeising. The cost is proposed to be $15,000-$20,000. Council Member Antil stated that he felt that the city should contract with the current firm, Kern, DeWenter and Viere to assist with the state audit. This is due to their knowledge of the city’s finances. He commented that the city could consider changing firms next year. Mayor Bush stated that he appreciated Paul Harvego’s suggestions and explanation of the accrual basis of accounting that would assist the city in realizing its true value by recording assets and liabilities. He stated that he would not be voting on this issue as he will not be here for a new term. Council Member Henry-Neaton was in favor of changing from the existing firm due to public relation issues. She did not feel that the current firm communicated well with the council. Council Member Hausladen questioned Clerk Ryks regarding notification of the current firm as to the discussions with Conway, Deuth and Schmiesing. Clerk Ryks stated that she telephoned Matt Mayer, Kern, DeWenter, and Viere last month regarding the proposal being made by Paul Harvego. Hausladen also stated that correspondence from the State Auditor’s office included a recommendation to retain the existing auditing firm to assist with the state audit. Clerk Ryks stated that the cost of the audit due to the State Auditor’s involvement will be approximately twice the average cost of the annual city audit. This is due to payment to a CPA to assist with the preparation of the financial statements and the charges by the State Auditor’s office for mileage, time, etc. The financial statements are to be prepared prior to the arrival of the personnel from the State Auditor’s office. It was also noted that the State Auditor’s office is currently waiting until a decision is made by the council as to the selection of an auditing firm so that they may schedule a meeting with the city’s auditor. At a meeting with city’s auditor, it will be decided whether the State will proceed with the audit of the City of Waverly’s financial statements for the fiscal year ending 2006. It is also required that the city’s financial statements be prepared in accrual basis format. The change in accounting systems does not need to take place at the present time. It was decided that the city would contract with the current auditing firm, Kern, DeWenter and Viere and not change firms at this time. There was no vote taken because it was determined that a vote to retain the auditing firm of Conway, Deuth and Schmeising would have failed with the absence of Council Member Olson, and that Mayor Bush would abstain. Henry-Neaton would be the only member in favor of changing firms at the present time. Municipal Liquor Store Report Motion by Antil, seconded by Hausladen to adopt the October 2006 Municipal Liquor Store report. Carried 4-0. Other Business Council Member Hausladen requested that the minutes for the Economic Development Authority be submitted to the council prior to the regular monthly meeting of the City Council. Council Member Antil reported that John Konrath was unable to schedule Mike Stevens for the November 28, 2006 Economic Development Authority meeting since Stevens will be out of town on that date. The joint meeting scheduled with the Economic Development Authority for November 28 will not be held since Stevens will be unavailable. Acknowledgements Council Member Henry-Neaton thanked Maintenance staff John Rassat and Jim Woitalla for setting up the Village Hall for the MEADA community meeting that was held on October 25, 2006 Henry-Neaton also reported that the “Safe Schools” group is meeting with the MEADA committee on November 15, 2006. Adjournment Mayor Bush adjourned the meeting at 8:00 p.m. since the agenda was completed and there was no other business brought forth. ___________________________ __________________________ Deborah Ryks, Clerk Charles Bush, Mayor

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