Winsted City Council Minutes

Council Chambers

November 15, 2005

7:00 p.m.

Present: Mayor Don Guggemos, Council Member Tom Wiemiller, Council Member Bonnie Quast, Council Member Gerald Boldt

Absent: Council Member Tom Ollig

Staff Present: Brent Mareck, City Administrator; Fran Eggert, City Attorney; Deb Boelter, City Clerk-Treasurer

1) Mayor Guggemos called the meeting to order at 7:00 p.m.

2) Boldt motioned to adopt the Consent Agenda as presented. Quast seconded. Motion carried 3-0.

a) Accepted the minutes of the City Council Workshop of November 1, 2005.

b) Accepted the minutes of the Regular City Council Meeting of November 1, 2005.

c) Scheduled a City Council Budget Workshop for December 6, 2005 at 6:30 p.m.

d) Approved Resolution R-05-34 giving authorization to execute Minnesota Department of Transportation grant agreement for airport maintenance and operation.

e) Approved Resolution R-05-35 an Assessment Agreement with McLeod County that allows the Assessor to assess properties within the City of Winsted for the year 2006.

f) Approved the purchase of sixty-four (64) holiday banners at a cost not to exceed $6,850.10.

g) Approved the Claims List for November 15, 2005 as presented.

3) Special Presentations

a) Sam Ulland – Property Owner (163 Main Avenue West) – Toolbox for Code Enforcement

Ulland presented a proposal asking the City of Winsted to consider participation in the Sister City program with Bangladesh and other countries.

Ulland distributed a letter to the Council and staff from Becklin & Whitney, Consulting Engineers, Inc. regarding inspection of the building at 163 Main Avenue West.

4) Public Hearings

a) Weed Ordinance

Boelter presented the proposed Ordinance that establishes regulations concerning blighting conditions in regards to noxious weeds, tall grasses, and rank vegetation within the City of Winsted. The intention of the Ordinance is to expedite and uniformly address these blighting conditions.

Boldt asked if the proposed ordinance would be an issue with the Minnesota Department of Natural Resources’ (DNR) program that encourages property owners that live on the lake to allow vegetation to grow. Guggemos stated that the Minnesota DNR recommends that lakeshore property owners plant native plants that are not noxious weeds so this ordinance would not impact them.

Bodlt motioned to adopt Ordinance O-05-13 establishing regulations concerning weeds within the City of Winsted. Wiemiller seconded. Motion carried 3-0.

Quast motioned to close the Public Hearing for Ordinance O-05-13. Boldt seconded. Motion carried 3-0.

b) Business Subsidy Agreement – Advantage Mailing

Mareck presented the business subsidy agreement by and between the City of Winsted and Advantage Mailing.

John Stifter, owner of Advantage Mailing, was present at the meeting. Stifter presented the logistics of Advantage Mailing.

Wiemiller asked Stifter the long range plans of Advantage Mailing. Stifter stated that Advantage Mailing’s ideal size in ten (10) years would be double of where they are now. Stifter stated that the property in the Winsted Industrial Park would provide Advantage Mailing with the space to expand in the future.

Wiemiller motioned to enter into a business subsidy agreement with Advantage Mailing with signatures from the Mayor and Clerk-Treasurer after the agreement is reviewed by the City Attorney. Quast seconded. Motion carried 3-0.

Quast motioned to close the Public Hearing for Advantage Mailing. Boldt seconded. Motion carried 3-0.

5) Old Business

a) Dan Wroge – People Service – Waste Water Treatment Facility

Wroge presented proposals to prepare the Waste Water Treatment Facility (WWTF) site for future construction and installation of the proposed sludge storage tanks.

Preparation of the site in fall, 2005 would allow the City of Winsted to obtain lower bids for the spring, 2006 construction and installation of the proposed sludge storage tanks. It would also help the project to proceed more rapidly.

Guggemos stated that the City would obtain estimates for construction of a dike and removal of existing sludge and present it to the Council at a future meeting.

6) New Business

a) Resolution – Hazardous Property – 163 Main Avenue West

Sam Ulland, property owner of 163 Main Avenue West, was present at the meeting.

Mareck presented the September 29, 2005 letter that was sent to Ulland detailing the conditions that the City had found to be hazardous and/or in violation of City Code at 163 Main Avenue West. As a result of these conditions, the City locked the building and placarded it as “unfit for human habitation.”

Mareck presented the options the Council could consider in regards to the property located at 163 Main Avenue West.

Mareck stated that Ulland has made improvements to the electrical conditions of the building and has received inspection approval from the Electrical Inspector. Ulland has continued to clean the building. Ulland has also done some plumbing improvements without the required permit and the City will be addressing this issue with Ulland.

Mareck stated that he had informed Ulland before the Council meeting that in response to his request for an appeal to the building being “unfit for human habitation,” the City would no longer be padlocking the building but still determined the building to be “unfit for human habitation.”

Quast addressed the letter distributed by Ulland earlier from Becklin & Whitney, Consulting Engineers, Inc. regarding inspection of the building at 163 Main Avenue West. Mareck stated that the letter does not address all of the code violation issues stated in the City of Winsted’s September 29, 2005 letter to Ulland.

lland addressed the Council. Ulland reiterated that the Electrical Inspector had inspected and approved the electrical work that had been completed in the building at 163 Main Avenue West. Ulland stated that when the City’s building inspector and Mareck had completed a walk-through of the building earlier, the hot water was not working but was now functioning. Ulland stated that he has contacted someone to remove the fallen tree and will be hiring a contractor to install new siding. Ulland stated that limited access to his building has slowed down his progress in addressing the code enforcement issues.

Boldt motioned to adopt Resolution R-05-36 ordering the abatement of conditions creating a hazardous property at 163 Main Avenue West. Quast seconded. Motion carried 3-0.

Attorney Bryan Shirley, Kennedy & Graven, Chartered, was present at the meeting. Shirley stated that with the approval of the Resolution ordering the abatement of conditions creating a hazardous property at 163 Main Avenue West, Ulland has twenty days (20) to appeal the City of Winsted’s code enforcement issues presented to Ulland in the September 29, 2005 letter.

Shirley stated that thirty (30) days has been deemed reasonable by the City of Winsted for Ulland to comply with the code enforcement issues presented in the September 29, 2005 letter.

b) Resolution – Appeal of Unfit for Human Habitation – 163 Main Avenue West

Shirley stated that Ulland has addressed some of the code enforcement issues at 163 Main Avenue West presented in the September 29, 2005 letter but there are still several issues that exist. City code does give the property owner the ability to appeal the “unfit for human habitation” determination. The City Council will then determine if the appeal is justified. The proposed Resolution defines the process for the appeal.

Shirley proposed that the Resolution before the Council be amended. The last whereas that states, “WHEREAS, the Subject Property poses an ongoing immediate hazard to the public health and safety” be removed. Number 1. under NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Winsted as follows should be amended to read:

1. Enforcement of the unfit for human habitation designation of October 17, 2005 is stayed by the appeal until such time as the appeal is considered by the City Council.

Shirley reviewed the appeal process as defined in the proposed Resolution with the City Council.

Wiemiller motioned to adopt Resolution R-05-37 adopting a process to consider appeal of unfit for human habitation determination as amended by Shirley. Quast seconded. Motion carried 3-0.

c) Maintenance Agreement – McLeod County

Mareck presented a proposed maintenance agreement with McLeod County. McLeod County approached the City of Winsted to perform plowing and street sweeping maintenance on interior County Roads in Winsted (1stt Street and 3rd Street) for a period of one year. In exchange for the City maintenance, the County would agree to perform a seal coat project for the Main Avenue West extension and the Hainlin Park parking lot and drive in 2006. Mareck reviewed the proposed agreement with the Public Works’ Department and they approved.

Eggert recommended language changes to the agreement under Section 1, The Agreement, number 5 and 6.

Quast motioned to enter into a one year maintenance agreement with McLeod County subject to language changes made by the City Attorney. Wiemiller seconded. Motion carried 3-0.

d) Moratorium – Inpatient Treatment and/or Counseling Services

Mareck presented a proposal to conduct a study to look at regulations that may be needed for inpatient treatment centers and their corresponding land use. By adopting an interim ordinance and setting a one year moratorium on the development of inpatient treatment centers, the City would be provided with the time needed to research this issue and report back to the City Council.

Boldt asked if there were any issues for the City of Winsted regarding inpatient treatment centers. Mareck stated that the City would like to secure zoning so they have an appropriate place to operate. The proposed ordinance does not restrict their operation in the City of Winsted but gives the City time to conduct a study.

Guggemos stated that the proposed ordinance does not restrict existing facilities.

Wiemiller motioned to adopt Interim Ordinance 05-14 imposing a moratorium of the establishment, development, location or relocation of inpatient treatment and/or counseling businesses and services in the City of Winsted and directing that a study be conducted. Quast sconded. Motion carried 3-0.

e) Architectural Services – Proposed Public Works Facility

Mareck presented a proposal from Architects Plus to provide design and engineering services for a proposed Public Works’ facility. The City has tentatively reached an agreement to rent property to the southeast of the Fire Hall, with an option to purchase, after seven years.

Wiemiller motioned to contract with Architects Plus to perform design and engineering services for a proposed Public Works facility not to exceed $23,000. Quast seconded. Motion carried 3-0.

f) Public Cemetery Donation – Guggemos

Guggemos presented a proposal to give a yearly donation of $2,500 to the Winsted Public Cemetery.

Eggert has researched Minnesota State Statutes and Cities are permitted to give a yearly donation of $2,500 to a Public Cemetery.

Quast motioned that the City of Winsted contribute $2, 500 per year to the Winsted Public Cemetery. Boldt seconded. Motion carried 3-0.

Boldt directed Boelter to add a separate line item to the expenditures for the Public Cemetery donation.

g) Pontas Point Assessments - Eggert

Eggert asked for a motion to prepare a Resolution, an Assessment Roll, and other necessary documents in regards to the Pontas Point project; and empower the Mayor and Clerk-Treasurer to sign all appropriate documents.

Boldt motioned to allow staff to prepare Resolution R-05-38, an Assessment Roll, and other necessary documents in regards to the Pontas Point project; and empower the Mayor and Clerk-Treasurer to sign all appropriate documents. Quast seconded. Motion carried 3-0.

7) Department Reports

a) City Clerk

Boelter reported on the following:

• AirTap Conference

• Judy Bipes – Experience Works

• Tree Board Meetings

• Airport

Council directed Boelter to send a thank you to the people who volunteered their time and materials to remodel the interior of the Airport office.

8) Financial Report

a) October, 2005 Financial Report

Boelter presented the October, 2005 Financial Report.

Boelter presented an amendment to the current contract with G & K Services for rental of uniforms for the Public Works’ Department and entrance mats at City Hall. The proposed amendment reduces the cost of these services.

Wiemiller motioned to allow the Clerk-Treasurer to enter into an addendum to the current contract with G & K Services. Quast seconded. Motion carried 3-0.

9) Other

a) Wiemiller asked staff to put an article in the newsletter and Herald Journal newspaper regarding the City of Winsted’s Snowmobile Ordinance.

b) Guggemos presented the new Holiday banners.

10) Adjournment

Quast motioned to adjourn. Boldt seconded. Motion carried 3-0.

Respectfully submitted,

Deborah R. Boelter

City Clerk-Treasurer

Published in the Herald Journal Dec. 12, 2005.


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