December 9, 2008
Regular Session





Pursuant to notice and call the Waverly City Council met in regular session at 7:00 p.m. on Tuesday, December 9, 2008 in the council chambers of Waverly City Hall. Those in attendance were Mayor Ken Hausladen, Clerk Deb Ryks, and Council Members: Deb Hausladen, Pam Henry-Neaton, and Ken Antil. Council Member Gary Olson was absent. Maintenance Supervisor John Rassat, Economic Development Authority President Connie Holmes, City Engineer Barry Glienke, and City Attorney Rhonda Pagel were also in attendance.
Agenda

The following items were added to the agenda: City Engineer-Final Pay Requests, New Business-Capitol Rally/Local Government Aid.

Motion by Ken Antil, seconded by Pam Henry-Neaton to approve the agenda with the proposed additions. Carried 4-0.


Requests from the Public

There were no requests from the public.



Randy Rasset

Randy Rasset was present at the meeting to address the council regarding payment of city taxes for 2 years due to an annexation error. He submitted a letter from the Wright County Treasurer’s office verifying the difference of taxes paid to the city versus the township. Rasset requested a refund in the amount of $1,486.

Motion by Ken Hausladen, seconded by Antil to issue a refund by city check with the numbers being verified by Clerk Ryks. Carried 4-0.


MLS Report-Wanda Tussing

Municipal Liquor Store Manager Wanda Tussing reported that the year to date net profit for the Municipal Liquor Store is $4,824.18. The net income for the month of November 2008 was $10,043.72.



Motion by Ken Antil, seconded by Deb Hausladen to adopt the November MLS Report. Carried 4-0.


Parks Report-John Rassat

John Rassat was absent from the November 28, 2008 Park Commission meeting. The minutes were reviewed.

Connie Holmes was in attendance at the November Park Commission meeting to review the community survey results with the Park Commissioners. John Rassat informed the council that discussion of the Park Commissioners listed in the minutes regarding silt fencing of the trail in the Windgate development is not necessary. Township property is adjacent to the trail area. He also reported that the Summerfields Park volleyball court will be completed in the spring. Rassat informed the council that the seeding in Waverly Terrace Park was successful. The dock will be installed next spring. Rip rap along the shoreline will prevent snowmobiles and all terrain vehicles using the park as an access. The area will be fenced off if there is a problem this winter.


Planning and Zoning

The November 20, 2008 minutes were reviewed.

Planning Commissioner Connie Holmes gave a summary of the discussion at the Planning and Zoning meeting.

John Konrath was present at the meeting to issue a complaint about the new home construction at 511 North Shore Drive. A variance was not required or a public hearing due to zoning ordinance guidelines. He reported that traffic and vehicles parking on the street has been a problem. Konrath reported that snow removal and storage may become a problem for city maintenance staff. There were also water run off concerns expressed.

Holmes informed the council that the boundaries to be included in the comprehensive plan will include the northern planning area boundary to 20th Street which is Buffalo’s southern boundary.

The possibility of planning for a future Community Cemetery was discussed. It was referred to City Attorney Rhonda Pagel for information relating the statues and the rules on accepting a public land dedication for cemetery use. Pagel will research the statutory definition of public use and advise of her findings on the matter at a future meeting.

A new survey was received from Mike Stevens for the Waverly Industrial Park for the dedication of an additional retention pond to the city. The Planning Commissioners reviewed the survey and have recommended that the City Council approve the dedication of the retention pond to the city.

Motion by Ken Antil, seconded by Pam Henry-Neaton to accept the dedicated land as proposed in the Waverly Industrial Park. Carried 4-0.

City Engineer Glienke reviewed the survey. Previously the retention pond area was surveyed as a drainage easement with Stevens retaining ownership interest. Stevens does not want the liability of retaining ownership of the retention pond.

Rhonda Pagel suggested that a resolution be considered by the council to adopt a policy to not fence stormwater ponds. The League of Minnesota Cities suggests the adoption of a policy to make a written record of the council’s decision. City Attorney Rhonda Pagel will submit a draft Resolution for consideration at the January council meeting.


EDA-Connie Holmes

November 24, 2008 minutes were reviewed.

The draft contract is being negotiated with NAC. The consultant services are based on an amount not to exceed $31,050. The Economic Development Authority and Planning and Zoning Committes will participate in reviewing the draft contract. It was suggested that a change be made to the contract that final payment will be issued upon approval and acceptance of the plan by the council. There is a nine month time frame for completion of the comprehensive plan. The engineering is the next step in the process. City Attorney Pagel will be asked to review the contract for legal issues.

Dexter Andrews would like to renew his membership term with the new term expiring on December 31, 2014. This reappointment will be considered by the council in January when the current term expires.


Maintenance Report-John Rassat

Maintenance Department Supervisor John Rassat reported that the Wright County Maintenance Agreement for 2009 was received from the Wright County Highway Department. The council approved of entering into the agreement in 2009 and the Mayor and Clerk will sign the agreement.

Rassat informed the council that two gas ranges were purchased for the Village Hall kitchen in the amount of $584. A sale price was applicable with a reduced government rate for the appliance purchase from Sears.

Rassat suggested that meter readings be done on a monthly basis with the new monthly billing cycle due to numerous complaints received regarding usage estimating. Other cities read meters on a monthly basis. There are 180 manual meters to be read out of 647 meters. The new development areas have electronic read meters. The monthly readings could be done for a one year time period to provide an accurate computer based estimate. Currently, the computer does not monthly usage estimates due to the conversion from quarterly to monthly billing cycles. The estimates being used were calculated manually be Clerk Ryks based on 12 months of usage for each account. These are not accurate for all properties due to the changing of property ownership or period of vacancy for some residences.

Rassat reported that snow removal will be handled by the Maintenance Department and the new construction at 511 North Shore Drive does not present a problem at the present time.


Barry Glienke-City Engineer’s Report

City Engineer Barry Glienke reported that the City of Montrose is proposed an increase to the sewer rates applicable to the joint sewer agreement due to high operating costs. The usage rate increase is $.25 per 1000 gallons. The base rate will increase by $.75 per unit. The sewer access charge is being increased by $100. The average customer will see a $2 per month increase on their utility bill.

City Engineer Glienke reviewed Waverly’s water and sewer rates based on estimated 2008 figures. It appears that a 65% increase on the sewer rate, and a 5% increase on the water rate may be needed. The water rate would be increased based on transfers made to the sewer fund. Mayor Ken Hausladen is opposed to the practice of transferring between the water and sewer fund. He asked City Attorney Rhonda Pagel about the legality of the transfers. She replied that it is legal to transfer funds from the general fund to the enterprise funds. It would be a question for the city’s auditing firm. Clerk Ryks informed Pagel that the auditors are aware of the transfers between enterprise funds as it was planned with an improvement bond issue. Glienke will prepare figures once the final numbers for 2008 are available. He will prepare two scenarios with transfers and without transfers for the council to consider at the January meeting.

Senator Amy Koch and State Representative Tom Emmer are negotiating for a 9 year repayment plan for Waverly relating to the final invoice received for 2001 highway 12 improvements. The numbers were verified by Barry Glienke based on the cooperative agreement and final costs.

City Engineer Glienke presented a final payment request for the East Carrigan Lake utility project in the amount of $10,700.04. The release of escrow deposits would also need to be approved by the council.

Motion by Ken Antil, seconded by Pam Henry-Neaton to authorize the final payment and release of escrow deposits for the East Carrigan Lake utility extension project. Carried 4-0.

City Engineer Glienke presented a final payment request for the Sewer Lining project in the amount of $13,754.66. The final payment is a release of the retainage. Motion by Pam Henry-Neaton, seconded by Deb Hausladen to authorize the final payment as presented by the City Engineer. Carried 4-0.


City Attorneys Report

Closed discussion with City Attorney Pagel regarding a personnel matter was deferred to the end of the meeting.


Wright County Sheriff’s Department

There was no one present to give a report on behalf of the Wright County Sheriff’s Department.



Waverly Fire Department

Clerk Ryks reported that an Annual Meeting will be held on Jan 6, 2009. Ken Antil will attend the meeting as the city’s representative.


Minutes

The minutes of the November 5, 2008 Canvassing Board were presented for approval.

Motion by Pam Henry-Neaton, seconded by Deb Hausladen to adopt the November 5, 2008 Canvassing Board minutes as presented. Carried 4-0.

The minutes of the November 12, 2008 Regular Session were presented for approval.

Motion by Ken Antil, seconded by Pam Henry-Neaton to adopt the November 12, 2008 Regular Session minutes as presented. Carried 4-0.



Accounts Payable-

The accounts payable was presented in the amount of $47,253.03.

Motion by Ken Antil, seconded by Pam Henry-Neaton to approve the accounts payable in the amount of $47,253.03. Carried 4-0.


Welcome Packets

Clerk Ryks reported that she will contact the Royalty Committee about assembly and delivery of the welcome packets. There were two new residents last month and 1 this month.


Holiday Office Schedule

Clerk Ryks proposed a holiday work schedule for the city office with the office being closed on Christmas Eve and the day following Christmas due to staff needs.

Motion by Ken Hausladen, seconded by Ken Antil to approve the Holiday Schedule as proposed with office closures on December 24, 2008 and December 26, 2008. Carried 4-0.



Vacation Request

Clerk Ryks requested to take vacation beginning on December 24, 2008 through January 2, 2009. The council agreed by consenus to approve Clerk Ryks’ vacation request.


Montrose Waverly Chamber Membership

The renewal of membership of the City of Waverly in the Chamber of Commerce was presented.

Motion by Ken Antil, seconded by Ken Hausladen to approve the membership renewal. Carried 4-0.

City Attorney Rhonda Pagel informed the council that there is a recent opinion of the Attorney General that cities are not allowed to be paying members of a Chamber of Commerce, however the city may be an honorary member of the group.

Motion by Ken Hausladen, seconded by Ken Antil to rescind the previous motion. Carried 4-0. Clerk Ryks will inform the Chamber of the reason that the city cannot renew its membership.



December 11, 2008-Holiday Event, MW Chamber.

A December 11, 2008 holiday event is being held by the Chamber of Commerce at the All American Grill in Waverly. This event is open to the council.


December 10, 2008 Wright County Mayor’s Meeting

Mayor Ken Hausladen informed the council that he and his spouse and Ken Antil and his spouse will be attend the Mayor’s meeting at Daniel’s Restaurant in Cokato on December 10, 2008.


Budget/Levy Adoption Hearing

The 2009 budget/levy adoption hearing will be held on December 15, 2008 at 7pm.



Animal Ordinance

A review of the animal ordinance was placed on the agenda due to discussion with a resident at the November council meeting. Maintenance Supervisor Rassat also has concerns about the wording of the Animal Ordinance. The ordinance should refer to both dogs/cats. The ordinance will be reviewed by the council members and will be placed on the agenda on December 15, 2008 following the budget/levy adoption hearing.



Year End Accounts Payable

Clerk Ryks asked about the preparation of the year end accounts payable. She will be on vacation at the end of the month and there was information shared on the Clerk/Administrators list serve regarding procedures for year end accounts payable. Most cities approve both December and January bills at the January council meeting rather than holding a separate meeting at the end of December.

Motion by Pam Henry-Neaton, seconded by Deb Hausladen to consider the December year end accounts payable and January accounts payable at the January Council meeting. Carried 4-0. Two lists will be prepared, one for December which will be allocated to the 2008 budget and one for January which will be allocated to the 2009 budget.


Rally at State Capitol-LGA

Council Member Pam Henry-Neaton informed the council that she received an email communication from the League of Minnesota Cities regarding a rally at the state capitol tomorrow regarding the potential loss of December state aid for Minnesota cities.




Next Meeting

The next meeting will be held on December 15, 2008 beginning at 5pm. Interviews for the Office Assistant position will take place from 5-7pm. The levy/budget adoption hearing is scheduled for 7pm. Following the hearing, the animal ordinance will be reviewed.



The meeting was closed to the public at 8:10 p.m..


Closed Session

The meeting was closed for preliminary consideration of charges of misconduct against Mayor Hausladen. Council Member Deb Hausladen was excused as the City Attorney opined she was disqualified from participating.



The regular session resumed. Attorney Pagel reported that the Council determined that no disciplinary action was warranted. As no disciplinary action was warranted, the matter remains private data.

The Council also concluded that it is appropriate for the City to adopt policies and procedures to provide guidance on the role of public officials and to identify and prevent inappropriate conduct in the future. This matter will be addressed at a later date.


Adjournment

The meeting was adjourned at 8:33 p.m.

Deborah Ryks, Clerk Ken Hausladen, Mayor