City of Waverly Minutes

CITY OF WAVERLY CITY COUNCIL MINUTES December 12, 2006 Regular Session Pursuant to notice and call the Waverly City Council met in regular session at 7:00 p.m. on Tuesday, December 12, 2006 in the council chambers of Waverly City Hall. Those in attendance were Mayor Bush, Clerk Ryks, and Council Members: Hausladen, Antil, Olson, and Henry-Neaton. Agenda The agenda was amended with the following additions: 15-a. Maintenance Report- Schedule Six Month Employment Review-Greg Pawelk and 20.-a. New Business-Montrose-Waverly Chamber Holiday Event. The agenda was approved as amended by the consensus of the council. Public Hearing-2007 Final Budget/Levy Adoption The public hearing was opened at 7:15 p.m. The final 2007 budget is $1,824,080. The final 2007 budget for the enterprise funds consisting of utility funds including water, sewer, refuse, and storm sewer is $1,095,401. The 2006 levy is $583,062 for 2007 tax collections to fund the budget. The property tax levy increased by 45 percent over the 2005 levy for 2006 tax collections. There were no members of the public present at the meeting wishing to make comments regarding the 2007 budget/property tax levy. The hearing was held open for 15 minutes pending additional comments from Waverly taxpayers regarding the levy for 2007 tax collections. There were no public comments made regarding the final budget/levy adoption for 2007. Motion by Antil, seconded by Olson to close budget hearing at 7:15 p.m. Motion by Antil, seconded by Henry-Neaton to approve Resolution 06-12. adopting the 2007 final budget/property tax levy. Carried 5-0. Requests from the Public There were no requests from the public addressed to the council members. City Attorney’s Report A written report was not submitted for council consideration. Wright County Sheriff’s Department There were no comments or questions for the Wright County Sheriff’s Department. Waverly Fire Department, Inc. There were no representatives present at the meeting. City Engineer’s Report-Barry Glienke City Engineer Glienke presented a summary report of the bond debt balance for city projects. There is a net balance remaining of $848,574.50. Glienke presented a recommendation for 2007 utility rates. A 5% increase for water and sewer, water access charges, sewer access charges, and trunk area fees was proposed. The spreadsheet was revised to a projection of 30 new homes per year for the next 5 years. Motion by Olson, seconded by Antil to adopt the utility fee schedule as of January 2007 at the 5% rate increases as proposed. Carried 5-0. City Engineer Glienke presented the tabulation of quotations received for the proposed test well installation. The lowest quotation was received from Traut Well in the amount of $24,895 for drilling at the former Waverly Wastewater Treatment Plant site. There were funds included in the 2006 budget of $20,000. The 2007 budget includes funding for a water well project of $75,000. Invoices for this project will come due in 2007 in a 60 day time frame. Motion by Henry-Neaton ,seconded by Olson to accept the quotation for the test well project to Traut Well, Waite Park in the amount of $24,895. Carried 5-0. Minutes The minutes of the November 8, 2006 Canvassing Board meeting were presented for approval. Motion by Hausladen, seconded by Bush to approve the November 8, 2006 Canvassing Board meeting minutes as presented. Carried 5-0. The minutes of the November 13, 2006 Council Work Session were presented for approval. Motion by Hausladen, seconded by Antil to approve the November 13, 2006 Council Work Session minutes as presented. Carried 5-0. The minutes of the November 14, 2006 Regular Session were presented for approval. Motion by Hausladen, seconded by Henry-Neaton to approve the November 14, 2006 Regular Session minutes as presented. Carried 5-0. Pizza America-Liquor License Application Steve and Jon LaPlant were present at the meeting to submit their liquor license applications for Pizza America with a February 2007 effective date. An application for a brew pub license will be submitted to the State of Minnesota. An application for an on sale liquor license and an application for a Sunday on sale liquor license was submitted to the council for approval. A wine license application was submitted but is not necessary with liquor on sale operations. The annual fee for a Sunday on sale license and on sale liquor license is $3,300. Motion by Antil, seconded by Hausladen to approve the liquor license for Pizza America for a fee of $3300 for liquor and Sunday licenses. Carried 5-0. Accounts Payable The accounts payable was presented for approval in the amount of $311,206.12. Motion by Henry-Neaton, seconded by Olson to approve the December accounts payable in the amount of $311,206.12. Carried 5-0. Park Commission Report The terms of office of Commissioners Ryan DeMars and Rick Ragan are expiring as of December 31, 2006. The Park Commissioners have recommended reappointment of Rick Ragan and Ryan DeMars to their positions with term expiration dates of December 31, 2009. Council Member Henry-Neaton suggested that the appointments be made individually. Motion by Henry-Neaton, seconded by Olson to reappoint Rick Ragan to the Park Commission with a term expiration date of December 31, 2009. Carried 5-0. Motion by Olson, seconded by Henry-Neaton to reappoint Ryan DeMars to the Park Commission with a term expiration date of December 31, 2009. Carried 5-0. . Parks Superintendent Jim Woitalla reported that the Carrigan Meadows Playground project was not completed due to an elevation problem that could not be addressed once the ground was frozen for the season. The project will be completed in the spring when the ground thaws. The installation costs will not be paid until the job is completed. Payment for the playground equipment will be issued. The Park Commission plans to meet with Engineer Glienke on December 13, 2006 to discuss the proposed development guidelines for park dedication. The Regular Session is being held on December 13, 2006. The work session was cancelled for the month of December. Planning Commission Report Planning Commissioner Craig Smith was present at the meeting to give the Planning Commission report. Smith reported that Kristall Homes has proposed to submit a revised plat for the Carrigan Estates development. There are some concerns of the Planning Commission that will be addressed at a later date. The proposed revision of the the Recreational Vehicle ordinance will be drafted for presentation at the January council meeting. Revisions include the designation of trails and regulations for operators to obtain permission from property owners for traveling through private property. The intent of the Planning Commission was to keep the revised ordinance from being too restrictive. The Planning Commission discussed the situation of vehicles being displayed for sale at Pacific Motors, 318 Pacific Avenue and Scrubs Car Wash, 316 Pacific Avenue. A conditional use permit was issued to Doug DesMarais for Pacific Motors that limited the number of vehicles to be displayed for sale on the property. The property has been in non-compliance of this restriction on several occasions. There are also vehicles displayed for sale at Scrubs Car Wash, 316 Pacific Avenue. Doug DesMarais owns both properties. A conditional use permit was not issued for the car wash as the land use was permitted in the B-3 zone district. Commissioner Smith stated that since the vehicles are being displayed for sale on the property, a conditional use permit should be sought by the property owner as vehicle sales lots are not a permitted use in the district. The Planning Commission is recommending that a letter be formulated and sent to the property owner by the City Attorney regarding the additional cars parked at Pacific Motors and Scrubs Car Wash. The council discussed having the Clerk send a letter to Doug DesMarais regarding non compliance at 318 and 316 Pacific Avenue. If the issue is not resolve, it will be turned over to the City Attorney for further action. Council Member Henry-Neaton did not agree with this action because the property owner has been notified on previous occasions of the non compliance regarding the use of the property at 318 Pacific Avenue. Motion by Antil, seconded by Olson that the city send a letter to the business owner of Pacific Motors and Scrubs Car Wash and reaffirm the agreement with the city and if the violation continues, the city attorney will become involved. Carried 4-1. Opposed: Henry-Neaton. There are four member terms that are expiring on the Planning Commission as of December 31, 2006. Mary Johnson is not interested in renewing her Planning Commission term but will continue in the position of Secretary. The terms of office for Commissioners Hausladen, Winters, and Kloss are expiring. The Planning Commissioners recommended the three members wishing to renew their terms for reappointment subject to the Clerk researching the legality of the Mayor holding two positions. Ken Hausladen will take office as Waverly Mayor in January 2007. The new terms will expire on December 31, 2009. The position to be vacated by Mary Johnson was authorized for advertisement on the electronic sign. The council action on the Planning Commission appointments was decided to be done on an individual basis. Motion by Olson, seconded by Henry-Neaton to reappoint Bob Winters to the Planning Commission with a term expiration of December 31, 2009. Carried 5-0. Council Member Antil stated that he would like some research done on the terms of office. He stated that he understood that the terms of office varied for commissioner seats with two positions being a two year term and one position being a three year term. He also stated that the Mayor may legally act as a Planning Commissioner but he was not sure if this was right. Motion by Antil, seconded by Hausladen to table the Planning Commission appointments until such time as the member terms can be discussed with the Planning Commissioners. Motion Failed 2-3. Opposed: Henry-Neaton, Olson, Bush. The council members discussed that this issue should be presented at the Planning Commission Work Session for further discussion. Council Member Olson stated that he is not in favor of the Mayor serving as a voting member on the Planning Commission. Mayor Bush called for a motion for the appointment of Ken Hausladen to the Planning Commission. There was a motion offered by Hausladen to appoint Ken Hausladen to the Planning Commission. Council Members Olson and Henry-Neaton interrupted the motion and informed Hausladen that she should not be voting on the motion to appoint Ken Hausladen because she is his spouse. Council Member Hausladen refrained from completing the motion but stated that the appointments for all Planning Commission seats expiring on December 31, 2006 should be held over until the January meeting when annual appointments are made. Council Member Henry-Neaton stated that the Commissioner appointments have been made in December in the past since the new terms begin on January 1. Hausladen stated that there would be a quorum for the January Planning Commission regular meeting if none of the appointments were made because she would act as a Planning Commission member as the alternate. Mayor Bush directed the council to move forward to the appointment of Roger Kloss to the Planning Commission. Motion by Henry-Neaton, seconded by Olson to reappoint Roger Kloss for a term expiring 12/31/09. Carried 3-2. Opposed: Antil and Hausladen. Council Member Hausladen stated that she wanted it noted for the record that member terms do not expire until January and a quorum would have existed in January for further discussion on the member appointments. Waverly Economic Development Authority Deb Hausladen was not present at the November 28, 2006 Economic Development Authority meeting and could not offer the report. Clerk Ryks stated that a summary of the meeting was included in the council packet for review by the council members. Maintenance Report Maintenance Supervisor John Rassat reported that the Federal Warning Systems advised him that a price increase on civil defense sirens would take place after January 2007 which would result in an additional cost to the city of $583. Rassat recommended that the siren be ordered in December to avoid the cost increase. There were funds included in the 2006 budget for the cost of the siren. Delivery would not occur until spring 2007. Motion by Antil, seconded by Henry-Neaton to authorize the purchase of the siren. Carried 5-0. Rassat reported that the plans for plantings at the Waverly Terrace Park needs to be addressed. The wildflower plantings in the park have caused problems with weed control and insect infestation. There have been complaints received from residents that have attempted to use the park regarding the condition of the park. The Maintenance Department needs to know the final plan for the park to determine whether trimming and cutting is necessary. The Park Commission should discuss the final plan for the park and schedule a public hearing to receive comments from residents regarding the development of the park. Parks Superintendent Woitalla informed the council that the Waverly Lake Association has $3.000 invested in the wildflower plantings in park. There should be discussions with lake association representatives on reimbursement policies if the park is redeveloped. The council decided that the Park Commission should proceed with a public hearing and the council will revisit the issue following the hearing. Maintenance Worker Greg Pawelk is due for a six month employment review. It was decided that the Personnel Committee will meet following the December 28, 2006 year end accounts payable meeting to conduct a review of Greg Pawelk. Maintenance Supervisor Rassat was asked to provide a written recommendation prior to the meeting. Parks Superintendent Woitalla reported that the skating rink was opened but may need to be closed due to warm weather conditions. The ice condition is not good at this time. Woitalla was asked about whether ice conditions are checked on a regular basis. He reported that they have been spot checking the ice conditions on an ongoing basis. Community Liaison Pam Henry-Neaton reported that no welcome visits were conducted this month. There are 6 new resident visits to be done. Certificate of Deposit Renewal Certificate of Deposit # 7700 in the amount of $288,099.81 was presented for renewal. In accordance with the City of Waverly Investment Policy, the investment is retained at Citizens State Bank of Waverly if the high interest rate is matched from the quotations of five banks. The high interest rate was quoted by the State Bank of Delano of 5.15 percent for a 12 month term. Citizens State Bank of Waverly matched the 5.15 percent interest rate for a 12 month term. Motion by Henry-Neaton , seconded by Olson to renew CD 7700 with Citizens State Bank of Waverly for a 12 month term with an interest rate of 5.15 percent.. Carried 5-0. Newly Elected Official Conference The League of Minnesota Cities is conducting a conference for newly elected officials on various dates at various locations this winter. Interested council members should advise Clerk Ryks for registration. Liquor License Renewal-Uptown Bar and Grill LLC An application was submitted by Judd Meyer, Uptown Bar and Grill LLC for the renewal of his on sale liquor license and special Sunday license. Motion by Antil, seconded by Hausladen to approve the renewal of the 2007 liquor license for the Uptown Bar and Grill. Carried 5-0. Wright County Emergency Management Plan Adoption Resolution 06-12-1 was presented for the adoption of the emergency plan of Wright County. Council Member Henry-Neaton reported that she had a conversation with the Emergency Management Director of Wright County and was informed that the adoption of the Wright County plan assists with obtaining federal aid during disasters and provides for city mutual aid during emergencies. Motion by Henry-Neaton, seconded by Antil to adopt Resolution 06-12-1 as presented. Carried 5-0. Wright County will forward information to the City Clerk’s office rather than to the Waverly Fire Department. Municipal Liquor Store Report The Municipal Liquor Store report of November 2006 was presented for approval. Motion by Henry-Neaton, seconded by Antil to adopt the November 2006 Municipal Liquor Store Report as presented. Carried 5-0. Old Business Council Member Henry-Neaton asked that the City Attorney review the ATV ordinance amendment prior to adoption by the council. Montrose-Waverly Chamber Event An invitation was received in the city office following a telephone invitation from Kent Houston for a city representative to attend the Montrose-Waverly Chamber of Commerce Christmas event scheduled on December 14, 2006 at 5:30 p.m. The dinner event is being held at the Northern Lights restaurant in Montrose. RSVP for attendance may be telephone to Kent Houston. Glen Mumford Glen Mumford, Mumford Sanitation was present at the meeting to request renewal of the city’s refuse contract. The contract expires on February 1, 2007. Mumford would like to know the status of the contract renewal due to his plans to purchase an automated truck. The council informed Mumford that this item would be considered at the January council meeting. Acknowledgements/Recognition Council Member Henry-Neaton recognized Jim Franske on his retirement from the Waverly Fire Department after 40 years of service. Mary Johnson and Geraldine Smith were recognized for organizing the annual Tree Lighting event. Mary Klingelhoets, JoAnn LePage, Barb Wendel, and Rose Reardon were recognized for baking cookies for the annual tree lighting event. Mayor Bush was presented with a public service award for 10 years of service as Waverly Mayor. The certificate was presented to Mayor Bush by Council Member Olson. Mayor Bush asked for a 5 minute recess at 7:50 p.m. The meeting was reconvened at 7:55 p.m. Closing Remarks from Mayor Bush Mayor Bush asked to make closing remarks on the completion of 10 years as city Mayor. Bush stated that he enjoyed serving as Mayor. He said that disagreements were not taken personally. It was a pleasure to serve the community and work with the city staff. He stated that he acted in the best interest of the community, not on personal interests. He encouraged the new city officials to refrain from micromanaging the city. The city staff is talented and can do their jobs independently. He did not practice favoritism and treated all residents equally whether they have lived here all of their lives or recently moved into the community. He suggested that the council continue the goals initiated by the council including negotiations with the Waverly Fire Department to purchase the existing city office building. Land was purchased two years ago for the future location of a city facility. He encouraged the council to continue working on this project as part of long range planning for the city. Bush encouraged the council to be patient with the state of finances of the Municipal Liquor Store as he has faith that in time the facility will prosper. He suggested that the city continue the five year tax levy plan for the recovery of the general fund balance. Bush would like to see the community continue good sustained growth and controlled growth. He would like to see the council keep its business local and to continue to support local businesses. He suggested that the council have compelling reasons to change contracts as service is more important than the cost. He stated that the residents should remain informed regarding city issues. He stated that public access television would benefit the city residents in the future. He stated that the council should be aware of leadership decisions and their impact on city residents. He wished all council members and city staff his very best. Adjournment Mayor Bush adjourned the meeting at 8:05 p.m. since the agenda was completed and all business was transacted. _________________________ _________________________ Deborah Ryks, Clerk Charles Bush, Mayor

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