Winsted City Council Minutes
City of Winsted
City Council Meeting
September 4, 2007
Present: Mayor Steve Stotko
Council Member Bonnie Quast
Council Member Tom Ollig
Council Member Tom Wiemiller
Council Member Dave Mochinski
Staff Present: Brent Mareck, City Administrator
Deb Boelter, City Clerk-Treasurer
Fran Eggert, City Attorney
1) Mayor Stotko called the meeting to order at 6:00 p.m.
a) The Pledge of Allegiance was taken.
2) Consent Agenda
Mareck requested that the Industrial Park Stormwater Treatment Project Contract be added to the Consent Agenda for approval. Mareck stated that Eggert had reviewed and approved the contract.
Ollig motioned to adopt the Consent Agenda as presented. Wiemiller seconded. Motion carried 5-0.
a) Minutes Joint City Council and Airport Commission Meeting August 21, 2007
Accepted the minutes of the Joint City Council and Airport Commission Meeting of August 21, 2007.
b) Minutes Budget Workshop August 21, 2007
Accepted the minutes of the Budget Workshop of August 21, 2007.
c) Minutes Regular City Council Meeting August 21, 2007
Accepted the minutes of the Regular City Council Meeting of August 21, 2007.
d) Minutes Joint City Council, Park Commission and Trails Committee Meeting August 22, 2007
Accepted the minutes of the Joint City Council, Park Commission and Trails Committee Meeting of August 22, 2007.
e) Minutes Special City Council Meeting August 28, 2007
Accepted the minutes of the Special City Council Meeting of August 28, 2007.
f) Sludge Storage Tanks Pay Request # 9
Approved Pay Request #9 in the amount of $361,110 to Gridor Construction, Incorporated for work completed on the Sludge Storage Improvements project.
g) Burying of Utilities Winsted City Hall and Lakefront Promenade
Approved an agreement to bury utilities for the Winsted City Hall and Lakefront Promenade project from Xcel Energy for $22,764.
h) Resignation Winsted Fire Department
Accepted the resignation of Brad Millerbernd from the Winsted Volunteer Fire Department.
i) Appointment Winsted Fire Department
Appointed Troy Scherping to the Winsted Volunteer Fire Department.
Approved the Claims List for September 4, 2007 as presented.
k) Industrial Park Stormwater Treatment Project Contract
Approved the contract for the Industrial Park Stormwater Treatment Project.
3) No Public Hearings.
4) Old Business
a) Historic City Hall
Eggert reported that he had received the name of Todd Colonna’s architect from Colonna’s attorney.
Mareck stated that he had contacted Colonna’s architect and the architect verified that he had not evaluated the Historic City Hall, and had not prepared rehabilitation drawings.
Eggert stated that he did inform Colonna’s attorney that the City Council had voted to proceed with litigation and that there is an urgency for Colonna to provide the City with architectural drawings and a progress report on the rehabilitation of the Historic City Hall.
Ollig stated that through the entire process of rehabilitating the Historic City Hall, the City has set deadlines for Colonna and he has continually not met them. As a result, Ollig believes that the City should continue with litigation.
Mochinski, Quast, and Wiemiller agreed that the City should continue with litigation.
Wiemiller asked Eggert if the City may ask for reimbursement from Colonna for legal fees incurred by the City as a result of the pending litigation. Eggert stated that the City may ask for reimbursement but generally in the State of Minnesota judges do not grant reimbursement in general litigation cases.
5) New Business
a) 2008 Preliminary Levy Resolution R-07-16
Mareck presented the proposed 2008 preliminary levy.
Ollig stated that even though the city is levying for more dollars than in 2007, the City’s tax rate is decreasing in 2008 and any increase in taxes would be the result of McLeod County increasing the value of homes in Winsted.
Ollig motioned to adopt Resolution R-07-16 certifying the 2008 preliminary levy in the amount of $1,011,373. Quast seconded. Motion carried 5-0.
b) Off-Premises Gambling Resolution R-07-17 Fire Department Relief Association
Boelter presented Resolution R-07-17 allowing the Winsted Volunteer Fire Department’s Relief Association to participate in off-premises gambling at the following four (4) locations:
1. American Legion Post 407, 1611st Street North, Winsted, Minnesota 55395
2. Ernie’s Bar and Grill, 591 Main Avenue West, Winsted, Minnesota 55395
3. Keg’s Bar, 1211st Street North, Winsted, Minnesota 55395
4. Uptown Bar and Grill, Waverly, Minnesota 55390
Boelter stated that Tom Sudheimer, owner of Papa Tom’s Bar and Grill, 111-1st Street North, Winsted, Minnesota, approached the Winsted Volunteer Fire Department’s Relief Association and asked them to contract with his bar to conduct pull-tab gambling. Holy Trinity in Winsted currently conducts the pull-tab gambling at Papa Tom’s Bar and Grill. Mr. Sudheimer is a retired volunteer fire fighter and stated that he prefers to have the Winsted Volunteer Fire Department’s Relief Association conduct pull-tab gambling at Papa Tom’s Bar and Grill. Mr. Sudheimer did inform Holy Trinity that he does not intend to renew his contract with them to conduct pull-tab gambling in his bar.
The Winsted Volunteer Fire Department’s Relief Association Board of Trustees had a special meeting on Monday, August 27, 2007 to discuss Mr. Sudheimer’s request and they voted unanimously to recommend that the Winsted City Council approve their contract to conduct pull-tab gambling at Papa Tom’s Bar and Grill.
Quast motioned to adopt Resolution R-07-17 authorizing the Winsted Volunteer Fire Department’s Relief Association to participate in off premises gambling. Mochinski seconded. Motion carried 5-0.
c) Weed Ordinance Schedule Public Hearing
Mareck presented an amendment to the weed ordinance for consideration.
The City’s Weed Ordinance gives a property owner up to seven (7) days to remove weeds, grass or other specified vegetation exceeding twelve (12) inches in height. If the property fails to perform the maintenance on their property, the city contracts through its lawn service to have the property brought into compliance.
Currently, the City charges the property owner all direct costs associated with maintaining the property. The ordinance allows for additional fees to be added for collection, but does not charge the property owner any administrative time to enforce the ordinance.
A typical charge for a non-complying property is $50, although the charge is dependent on the size of the property.
Mareck stated that the City could consider establishing a $75 administrative fee for materials and staff time associated with the enforcement of each offense that requires the City to contract for lawn service.
Eggert reminded the Council that the fee must have some semblance to what it costs the City administratively.
Mareck stated that he will prepare some options for the Council to consider at the October 2, 2007 City Council meeting.
Wiemiller motioned to set a public hearing for October 2, 2007 at 6:00 p.m. to consider amending certain sections of the Weed Ordinance. Quast seconded. Motion carried 5-0.
d) A.T. Group Agent of Record - REMOVED
6) Department Reports
a) City Clerk-Treasurer
Boelter reported on the following:
Ø Approximate monthly credit card and automatic withdrawal payments
1. Eleven (11) credit card payments over the telephone and/or in person.
2. Twenty-three (23) credit card payments through the City’s web store.
3. Seventy-five (75) automatic withdrawal payments.
Ø Appliance Recycling at the Brush Site
Ø Meeting with furniture vendors for quotes on the new City Hall furniture
Ø City Hall filing
7) Open Forum
a) Storm Water Drainage and Shed on City Property - Collin Botner, 141 Fairlawn Avenue East
Collin Botner, 141 Fairlawn Avenue East, addressed the Council regarding a storm water drain that is located on his property and floods each time it rains heavily. Botner presented the Council with pictures of the storm water drain. Mareck stated that the City’s engineer, Short, Elliott, Hendrickson, Incorporated (SEH) has evaluated the storm water drain and will prepare a proposal to remediate the flooding issue, present the proposal to the Council for approval, and bids will be obtained and the drain repaired.
Botner also presented the Council with pictures of a shed that is located on City property adjacent to his property at 141 Fairlawn Avenue East. Botner stated that there was a verbal agreement with the City, and the previous owner of the property, that the shed could be placed on the City property. Botner asked the Council for a formal written agreement to have his shed on the City property.
The Council also discussed the driveway that is located on City property but accesses Botner’s garage.
Wiemiller stated that the access was to be used for entrance into the City park.
Eggert stated that the shed and driveway are located on the City’s park land and a property owner cannot obtain adverse possession from a government, (the City of Winsted), for the land that both the shed and driveway are located on.
Ollig asked if the driveway and park land are included in the City’s master trail plan. Ollig stated that as the City continues to develop a master trail plan, property owners should be notified if their property may be affected by a future trail.
Wiemiller asked Eggert if the City is liable with the shed located on City property. Eggert stated yes. If someone would get hurt in or by the shed, they could sue both the property owner and the City.
Mayor Stotko stated that the issue of the driveway and storage shed on City property cannot be resolved at tonight’s meeting and will have to be discussed at a future meeting. Mayor Stotko stated that Botner will be notified when the issue is presented at a future City Council meeting.
a) New City Hall Progress Report
Mareck gave an update on the New City Hall construction.
Mareck stated that the City is preparing a mailing list of property owners that may be affected by any construction activity, to provide them with information on the progress of the City Hall construction.
Mochinski asked if the Council will receive monthly reports from the contractor on the construction progress. Mareck stated yes and that there will be a monthly walkthrough inspection.
b) Hainlin Park Shelter
Mayor Stotko asked what the status of the replacement of the Hainlin Park shelter is.
Mareck stated that the Park Commission will evaluate the bids for replacement of the park shelter at their September 12, 2007 Park Commission meeting and make a recommendation for approval at the September 18, 2007 Regular City Council meeting.
Quast motioned to adjourn. Mochinski seconded. Motion carried 5-0.
Deborah R. Boelter