City of Waverly Minutes

December 13, 2005 Regular Session Pursuant to notice and call the Waverly City Council met in regular session at 8:01 p.m. on Tuesday, December 13, 2005 in the council chambers of Waverly City Hall. Those in attendance were Mayor Bush, Clerk Ryks, and Council Members: Antil, Hausladen, Henry-Neaton, and Olson. Agenda The agenda was amended with the following additions: 11.-f-Payment Request #3-Insituform-Sewer Lining Project, 22.-a- New Business -Uptown Bar and Grill-Liquor License Renewal, 22.-b. Mayor’s Dinner Attendance, 22.- c- 2006 Council Meeting schedule. The agenda was approved as amended by consensus of the council. Requests from the Public David DeLude, 405 Elm Avenue was present at the meeting for information on driveway alterations requested for his property due to CSAH 9 construction. City Engineer Glienke inspected the driveway since last month’s meeting and he did not evaluate that alterations are needed. Currently DeLude’s vehicles are being parked on the sidewalk adjacent to his driveway. City Engineer Glienke and Maintenance Supervisor Rassat do not recommend alterations to the driveway. The council requested that DeLude’s vehicles be moved onto his driveway. The Council is not of the opinion that damage occurred during the CSAH 9 project. DeLude stated that damages were done during sidewalk construction. The council does not agree with DeLude and the City Engineer did not make an assessment of damage to the homeowner’s driveway. DeLude also asked about maintenance policies for snow removal from the sidewalk adjacent to his residence and whether the city is liable for accidents on the sidewalk. According to city ordinance, homeowners are responsible for snow removal from sidewalks along their properties. The City Maintenance Department has been conducting snow removal operations along the downtown corridor and business district. DeLude requested that the city refrain from removing snow in front of his property. He will shovel the sidewalk himself as the tracks from the city’s bobcat have caused a problem along his property. City Attorney’s Report City Attorney Pagel was present at the meeting and reported that prior to the council meeting, she met with Gene South, Lakedale Communications, Clerk Ryks, and Mayor Bush regarding options for a franchise or deregulation agreement for an Open Video System in the Waverly community. A public hearing is scheduled during tonight’s meeting at 8:15 p.m. Waverly Fire Department, Inc. The council reported that a meeting was held with Fire Department members to discuss items to be included in a purchase agreement between the City of Waverly and Waverly Fire Department, Inc. for the sale of the existing Fire Station facility. A summary of the terms will be prepared by the Clerk and presented to the fire department at a future meeting. Once an agreement is reached on the terms, the City Attorney will be contacted to draft a purchase agreement. Public Hearing – Lakedale Application for Open Video System The hearing was opened at 8:15 p.m. There were no public comments offered during the public hearing. Gene South, Lakedale Communications informed the council that on November 4, 2005 an Order was received from the Federal Communications Commission granting Lakedale Communications certification for an Open Video System in Waverly. City Attorney Rhonda Pagel will work with Gene South, Lakedale Communications on an agreement with the city. City Attorney Pagel will contact Time Warner to determine whether they are interested in renegotiating a deregulation agreement with Lakedale Communications and the City of Waverly. If Time Warner is not interested in renegotiation, a franchise agreement will be established with Lakedale Communications for open video services. The public hearing was closed at 8:22 p.m. Motion by Bush, seconded by Henry-Neaton to direct the City Attorney to contact Time Warner to inquire about interest in a renegotiation agreement and if there is no interest expressed by Time Warner to proceed with the preparation of a similar franchise agreement with Lakedale Communications for open video services. Carried 5-0. City Engineer’s Report City Engineer Glienke presented a request for a letter of credit reduction from Arcon Development for Carrigan Meadows 3rd Addition in the amount of $125,000. Motion by Olson, seconded by Antil to reduce the letter of credit for Carrigan Meadows 3rd Addition to $125,000. Carried 5-0. Glienke also presented a request for a letter of credit reduction for Windgate at Carrigan Lake in the amount of $302,791.35. Motion by Antil, seconded by Hausladen to reduce the letter of credit for Windgate at Carrigan Lake by $302,791.35. Carried 5-0. Engineer Glienke presented Payment Request #2 from Insituform for the 2005 Sewer Lining Project in the amount of $163,614.61. Motion by Henry-Neaton, seconded by Olson to authorize payment request #2 in the amount of $163,614.61 to Insituform for the 2005 sewer lining project. Carried 5-0. Payment Request #2 was presented for Kuechle Underground, Inc. for the East Carrigan Lake Utility Extension project in the amount of $302,824.09. Motion by Hausladen, seconded by Antil to authorize payment request #2 for Kuechle Underground, Inc. for the East Carrigan Lake Utility Extension project in the amount of $302,824.09. Carried 5-0. Payment Request #3 was presented for Insituform for the 2005 Sewer Lining project in the amount of $40,392.10. Motion by Olson, seconded by Henry-Neaton to authorize payment request #3 for Insituform for the 2005 Sewer Lining Project in the amount of $40,392.10. Carried 5-0. A proposal was presented for the adoption of 2006 Utility Rates. A 5% sewer rate increase is proposed and a 3% water rate increase is proposed along with a 3% increase in WAC charges. A 3% increase for trunk area fees paid by developers is requested. These rate increases were formulated with a utility rate study that was completed by Engineer Glienke in 2004. At the present time, a rate increase is not proposed by the City of Montrose for rates associated with the Montrose Wastewater Treatment Plant. An option for an increase in SAC charges for 2006 is a $400 increase from $4,100 to $4,500. Motion by Antil, seconded by Hausladen to reduce the SAC rate to $4300 from the proposed $4,500 and accept the 2006 utility rate proposal as presented. Carried 5-0. Annexation Request Philip Ludwig-6231 Dempsey Avenue SW (Carrigan Shores) presented an annexation request to the city council. Ludwig is bordered by the city limits on the east and west dimensions of his property. He is constructing a new residential dwelling this winter and would like to hook up to water/sewer services. City Engineer Barry Glienke reported that utility stubs are currently installed to the street corner and services will need to be extended to Ludwig’s property. This would include a utility extension of 7500 feet. The property owner will be required to pay for the utility extension. Engineer Glienke will compile a cost estimate for the utility extension. An agreement would need to be signed by the property owner and a change order would be required for the utility project to contract for the extension of utilities. Neighboring owners do not want to annex at the present time. Glienke stated that the city could require the installation of utility stubs to additional properties and charge a future fee at the time the properties are hooked up to city services. Legal costs are to be paid by the property owner and township reimbursement fees in accordance with city policy. The city is willing to pay a portion of the meeting fee. A $50 cost for the joint meeting will need to be paid by the property owner. Motion by Bush, seconded by Antil to move ahead with annexation procedure. Carried 5-0. It was recommended that the procedure be placed on hold until costs are presented to Ludwig in the case he wants to withdraw his request. Minutes The minutes of the November 4, 2005 work session were presented for approval. Motion by Olson, seconded by Hausladen to approve the November 4, 2005 Work Session minutes. Carried 5-0. The minutes of the November 8, 2005 Regular Session were presented for approval. Motion by Henry-Neaton, seconded by Olson to approve the November 8, 2005 Regular Session minutes. Carried 5-0. The minutes of the November 14, 2005 special session were presented for approval. Motion by Henry-Neaton, seconded by Antil to approve the November 14, 2005 Special Session minutes. Carried 5-0. Accounts Payable The accounts payable was presented in the amount of $229,381.43. Motion by Olson, seconded by Hausladen to approve the accounts payable in the amount of $229,381.43. Carried 5-0. Park Commission Report Parks Department Superintendent Jim Woitalla met with Mike Olson, Veritas Development, Inc. regarding the Spring Meadows subdivision. Olson is interested in deducting one acre of parkland to add four residential lots. The developer would compensate the park by providing amenities for the Spring Meadows park and paying the costs. The Park Commission discussed this concept at a recent meeting but did not make a final decision on Olson’s proposal. Woitalla has not been contacted by Olson since that time. The Planning Commission has rejected the plat change for Spring Meadows. P&Z rejected the plat change. The City Council does not want to pursue the plat change for the Spring Meadows park. Adrian Duske and Christina Kittock were recommended for reappointment to 3 year terms. Motion by Antil, seconded by Henry-Neaton to reappoint Christina Kittock to the Park Commission and Duske’s reappointment is contingent upon reappointment to the Planning Commission as his Park Commission term runs concurrently with his Planning Commission term. Carried 5-0. Planning and Zoning Report-Bob Winters Bob Winters gave the Planning and Zoning report due to the absence of Adrian Duske. Planning Commissioners Barb Wendel, Craig Smith, and Adrian Duske were recommended for reappointment for terms to expire on December 31, 2008. Motion by Antil, seconded by Hausladen to reappoint Barb Wendel, Craig Smith, and Adrian Duske to the Planning Commission with the new terms expiring on December 31, 2008. Carried 5-0. A variance application was submitted by Jim Warzeka for the property located at 5639 Dempsey Avenue. A seasonal cabin exists on the property. Warzeka has proposed to replace the existing cabin with a permanent single family dwelling. A public hearing was held on December 1, 2005 to consider the variance application. The setback to the lake would remain unchanged at 33 feet. The setback to the front property line is proposed for 15 feet from the garage and 22 feet from the residence. An adjacent property owner was present at the meeting and indicated that he would be interested in the same type of plan for his property. He mentioned a drainage culvert that exists along the property line between his property and Warzeka’s that would need to be relocated. The council was unsure if the relocation of the drainage culvert would affect the building plans for Warzeka and the variance requested. The council discussed tabling this item until the January 10, 2006 council meeting so that the City Engineer could investigate the drainage situation prior to the council’s consideration of granting the variance. Motion by Antil, seconded by Olson to table this item so that Engineer can review the adjacent property culvert location. Carried 5-0. Winters reported that he submitted a letter of interest and resume from another building inspection company in the case that the city is interested in making a change. Discussion was held regarding the firm’s rates in comparison to the city’s current rates with Metro West Inspection Services. Mayor Bush suggested that the city refrain from discussing a change since there have been no problems with the existing inspection firm. City Attorney Pagel stated that the city would be required to fulfill a contract term with the current firm prior to requesting proposals from another company. Economic Development Authority Report-Bob Winters Bob Winters reported that the Economic Development Authority placed an Accounts Payable item on hold due to a pending question on authorization of legal services connected with the bill. The amount of the invoice is $93.50 payable to Johnson, Larson, Peterson & Matt. Since the monthly meeting, Clerk Ryks has been advised by the Authority President, John Konrath that payment has been authorized. Maintenance Report Jim Woitalla reported that the skating rink should be open beginning next week. Community Liaison Council Member Henry-Neaton reported that she will coordinate the welcome program but asked that council members and city committee members share the duties of conducting the welcome visits. This will be discussed at the quarterly committee meeting in January. Levy/Budget Adoption-Resolution 05-12 The 2006 budget/levy was presented. The final budget for 2006 is $1,480,449 and the budget for enterprise funds is $997,167. The final tax levy is $402,112. Motion by Henry-Neaton, seconded by Antil to adopt Resolution 05-12 adopting the 2006 budget/levy as presented. Carried 5-0. Certificate of Deposit 7700 Renewal Certificate of Deposit 7700 in the amount of $274,887.60 is due for renewal as of December 12, 2005. The certificate term is 12 months. Interest rate quotes were received in accordance with the Investment policy. The high interest rate of 4.75% was matched by the Citizens State Bank of Waverly. Motion by Olson, seconded by Hausladen to renew Certificate of Deposit 7700 in the amount of $274,887.60 at an interest rate of 4.75 percent. Carried 5-0. Salary Ranges Clerk Ryks updated the salary ranges for city employees to maintain pay equity compliance. Motion by Henry-Neaton, seconded by Antil to approve the updated salary ranges for city employees. Carried 5-0. 2005 Year End Meeting A 2005 year end meeting was scheduled for December 29, 2005 at 4:30 p.m. Vacation Request Clerk Debbie Ryks requested to take vacation leave during the period of January 30, 2006 through February 6, 2006. Motion by Hausladen, seconded by Henry-Neaton to approve the vacation request of Debbie Ryks for January 30-February 6, 2006. Carried 5-0. Municipal Liquor Store Report Motion by Henry-Neaton, seconded by Antil to approve the November 2005 Municipal Liquor Store Report. Carried 5-0. On Sale Manager Wanda Tussing will do a $50 payout for Texas Hold Em tournament events. Council Members are needed to assist with inventory on January 1. All construction contractors have been paid. Uptown Bar & Grill Liquor License Renewal Motion by Henry-Neaton, seconded by Olson to approve the liquor license renewal for the Uptown Bar and Grill. Carried 5-0. Mayor’s Meeting-Montrose Mayor Bush invited council members to attend a meeting and dinner provided by the Wright County Mayor’s Association on December 14 at the Bayrischer Hof is Montrose. Council Member Henry-Neaton and Brian Neaton will attend the function. Dinner will be served at 7pm. The City will pay the $32 fee. Council Meeting Change Council Member Henry-Neaton will have a conflict with council meeting dates during the months of February-May, 2006 due to an education course she is taking. A meeting change to Mondays during these months was suggested. Council Member Antil has a conflict on Monday evenings. It is possible that the Park Commission would be willing to change their meeting on the second Wednesday of the month. This item will be discussed in January when more scheduling information is available. Vacation Policy Amendment Council Member Hausladen asked about council approval for the proposed vacation policy amendment. The proposal to amend the personnel policy would limit a carryover of unused vacation hours each year to 120 hours. The maximum level will be set at 180 hours. City Attorney Pagel recommended that Clerk Ryks check with League of Minnesota Cities prior to council approval of the policy amendment in the case of legal issues involving existing employees and the impact of the policy change. Acknowledgments/Recognition Council Member Henry-Neaton acknowledged Mary Johnson and Geraldine Smith for their work connected with the community tree decorating event. She also recognized staff members Jim Woitalla and Bill Schoening for work connected with decorating the city office for the holiday season. The Waverly Postmaster was recognized for changing the hours of the post office to make the hours more convenient for Waverly residents. Adjournment Motion by Bush, seconded by Hausladen to adjourn the meeting at 9:31 p.m. Carried 5-0. __________________________ ___________________________ Deborah Ryks, Clerk Charles Bush, Mayor

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