Winsted City Council Minutes
City of Winsted
City Council Special Meeting
August 28, 2007
Present: Mayor Steve Stotko
Council Member Tom Ollig
Council Member Tom Wiemiller
Council Member Bonnie Quast
Council Member Dave Mochinski
Staff Present: Brent Mareck, City Administrator
Deb Boelter, City Clerk-Treasurer
Fran Eggert, City Attorney
Mayor Stotko called the meeting to order at 4:00 p.m. and stated that the purpose of the meeting is to discuss the lack of progress by Todd Colonna on the rehabilitation of the Historic City Hall.
Eggert stated that he has attempted to contact Colonna’s attorney on several occasions by telephone and no one answers, and there is no voice mail.
Eggert presented the City Council with a copy of the letter, dated August 24, 2007, that he sent to Colonna’s attorney asking for architectural plans for the rehabilitation of the Historic City Hall, and for the name, address, and telephone number of Colonna’s architect.
Mochinski, Quast and Wiemiller stated that they want the City to begin the process to get the building back from Todd and Kelly Colonna.
Ollig stated that the City should have a plan before beginning the process to get the Historic City Hall back. Ollig does not think the City should put any money into rehabilitating the building, and he does not want to see it sit empty for an extended period of time.
Mochinski stated that he believes that the City will find another buyer for the building quickly.
Ollig stated that Colonna may ask the City to reimburse him for his expenses for the work he has completed on the building, and asked where that money will come from in the City’s budget.
Mareck stated that the City may have to make an inner-fund loan to pay Colonna and pay back the contributing fund when the building is sold.
Mayor Stotko asked Eggert how the City would verify the expenses Colonna has incurred with the work he has completed on the building. Eggert stated that Colonna would have to provide the City with documents detailing his expenses.
Eggert will continue to contact Colonna’s attorney. If the attorney states that he is no longer representing Colonna, then Eggert will contact Colonna directly.
Mareck asked Eggert where he would file the summons and complaint if the City decides to get the Historic City Hall back from Colonna. Eggert stated McLeod County Court. Eggert stated that it would take him approximately one (1) week to prepare a summons and complaint.
Mayor Stotko asked Eggert what the approximate cost would be for the process to complete the summons and complaint. Eggert stated $3,000.
Quast asked if the City’s attorney fees can be included in the litigation to be reimbursed by Colonna. Eggert stated yes but the court does not always approve such a reimbursement request.
Wiemiller motioned to have the City Attorney, Fran Eggert, proceed to commence litigation to enforce the contract with Todd and Kelly Colonna. Quast seconded. Motion carried 5-0.
Quast motioned to adjourn. Mochinski seconded. Motion carried 5-0.
Deborah R. Boelter