Winsted City Council Minutes
City of Winsted
City Council Meeting
January 2, 2008
Present: Mayor Steve Stotko
Council Member Tom Ollig
Council Member Bonnie Quast
Council Member Dave Mochinski
Council Member Tom Wiemiller
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
Quast motioned to adopt the Consent Agenda as presented. Mochinski seconded. Motion carried 5-0.
a) Minutes City Council Budget Workshop December 18, 2007
Accepted the minutes of the City Council Budget Workshop of December 18, 2007.
b) Minutes Regular City Council Meeting December 18, 2007
Accepted the minutes of the Regular City Council Meeting of December 18, 2007.
c) Pay Increase Part-Time Snow Plow Drivers*
Increased the hourly rate for part-time snow plow drivers from $12.50 to $14.00 an hour (2008 Budget).
d) Pay Increase Part-Time Police Officers*
Increased the hourly rate for part-time police officers from $14.00 to $14.50 an hour (2008 Budget).
e) Step Increase Dave Meyer Public Works Lead*
Authorized a salary step increase for Dave Meyer, per the recommendation of the City Administrator.
f) Step Increase Mike Henrich Police Chief*
Authorized a salary step increase for Mike Henrich, per the recommendation of the City Administrator.
g) Vacation Carry Over Mike Henrich Police Chief*
Authorized Mike Henrich to carry over 142.8 vacation hours to be used within a period of two (2) years, due to staffing issues in 2007.
h) Personnel Policy Amendment
Authorized the deletion of “holiday and vacation pay” as time not counted toward the accumulation of hours needed to receive overtime pay.
i) Public Purpose Expenditure Policy Amendment
Authorized an amendment to the policy regarding the annual employee recognition.
j) Resignation Part-Time Camera Operator*
Accepted the resignation of Meagan Onderko as a part-time camera operator.
k) Resignation Part-Time Camera Operator*
Accepted the resignation of Nate Stunberg as a part-time camera operator.
l) 4M Funds Notification To Broker and Certification by Broker
Authorized Voyageur Asset Management, Incorporated to invest the City of Winsted’s 4M Fund in those investments complying with the requirements of Minnesota State Statutes 118A.04, 118A.05 and 118A.06 for 2008.
m) 4M Funds Notification To Broker and Certification by Broker
Authorized RBC Dain Rauscher to invest the City of Winsted’s 4M Fund in those investments complying with the requirements of Minnesota State Statutes 118A.04, 118A.05 and 118A.06 for 2008.
n) Northland Securities, Incorporated Notification To Broker and Certification by Broker
Authorized Northland Securities, Incorporated to invest the City of Winsted’s funds in those investments complying with the requirements of Minnesota State Statutes 118A.04, 118A.05 and 118A.06 for 2008.
o) Northland Securities, Incorporated Notification To Broker and Certification by Broker
Authorized Northland Securities, Incorporated to invest the City of Winsted Economic Development Authority’s (EDA) funds in those investments complying with the requirements of Minnesota State Statutes 118A.04, 118A.05 and 118A.06 for 2008.
p) Resolution R-08-01 Local Board Powers Reinstatement
Adopted Resolution R-08-01, a resolution reinstating the City of Winsted’s Local Board of Appeal and Equalization.
q) City Hall and Lakefront Promenade Project Pay Request #3
Approved Pay Request #3 in the amount of $224,694 to Greystone Construction Company for work completed on the City Hall and Lakefront Promenade project.
r) 2008 Property and Casualty Insurance Renewal Contract
Accepted that the City of Winsted does not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04.
Approved the Claims List for January 2, 2008 as presented.
3) Public Hearings
a) Airport Commission Ordinance
Boelter presented Ordinance O-08-01 establishing an Airport Commission. Boelter stated that the City of Winsted currently has an Airport Commission but does not have an ordinance defining the composition and duties of the Airport Commission. The existing Airport Commission consists of ten (10) members; the majority being Winsted Municipal Airport hangar owners.
Boelter stated that the proposed ordinance will help to increase positive feelings about government by promoting citizen involvement in an advisory commission. The ordinance follows the composition similar to the other City commissions, whose composition and duties are defined by City ordinance. The Airport Commission will consist of five (5) members. There will be two (2) Winsted Municipal Airport hangar owners, two (2) registered voters residing within the City of Winsted, and one (1) member at-large. In addition, the Mayor will appoint two (2) ex-officio members; one (1) ex-officio member from the administrative membership of the City government, and one (1) from the City Council. As with the other City commissions, the Airport Commission will serve as an advisory commission to the City Council on all matters pertaining to the Winsted Municipal Airport.
Boelter stated that the existing Airport Commission members have been informed of the proposed ordinance and invited to attend the public hearing.
Stotko, Mayor asked for public comment on Ordinance O-08-01.
Ralph Diers, Winsted Municipal Airport Hangar #23, asked the City Council to consider that the Airport Commission be composed of all hangar owners.
Ollig asked if the Chairman and Vice-Chairman positions should be required to be a registered voter in the City of Winsted. Mareck stated that he does not believe that it is necessary.
Mochinski motioned to adopt Ordinance O-08-01 establishing an Airport Commission. Wiemiller seconded. Motion carried 5-0.
Mochinski motioned to close the Public Hearing. Ollig seconded.
Motion carried 5-0.
4) Old Business
a) Public Nuisance 163 Main Avenue West
Mareck presented the public nuisance at 163 Main Avenue West. Mareck stated that the City of Winsted received a complaint from a property owner regarding shingles blowing off the roof at 163 Main Avenue West. The Building Inspector viewed the property and determined that the rolled roofing material and shakes on the building were unsecured and in very poor condition and have been subsequently blowing off the roof and onto neighboring properties and the City street.
Mareck stated that the City of Winsted deemed the roof a public nuisance posing an immediate threat to peace and safety in the area, considering the roof materials in some instances contained nails and the flying debris could cause damage to property or injure individuals walking on the sidewalk and/or street below. The letter orders all roofing materials on the property to be replaced within sixty (60) days of the letter.
The property owner appeared before the City Council on November 20, 2007 and acknowledged that roof was a public nuisance, but would not commit to repairing it within sixty (60) days of initial notice.
Mareck stated that the property owner has failed to remove and replace the entire roof as indicated in his original notice. The ordinance calls for the City Council to be notified if the property owner fails to remedy the public nuisance in the time specified in the original order.
Mareck presented the following options and recommendation:
1. Find the roof to be in good order.
2. Order that the public nuisance be abated and give the property owner additional time to remove and replace his roofing system.
3. Order that the nuisance be abated and further order that the City act to obtain
summary enforcement through injunctive relief to have the roof system removed and replaced.
Mareck stated that the property owner has given the city no indication that he intends to correct the nuisance. Ordering the nuisance be abated and seeking summary enforcement through injunctive relief will ensure that a process has initiated to correct the nuisance to prevent injuries to persons or damage to property in the area.
Ollig asked Mareck if the property owner of 163 Main Avenue West was invited to attend tonight’s City Council meeting to discuss the public nuisance. Mareck stated yes. The property owner, Mr. Ulland, was not in attendance at the City Council meeting.
Mochinski stated that when Mr. Ulland appeared before the City Council on November 20, 2007, he indicated that he had the materials to repair the roof and that it would take “a couple of days” to complete the project. Mochinski stated that the repairs have not been done and the City should order that the nuisance be abated and further order that the City act to obtain summary enforcement through injunctive relief to have the roof system removed and replaced. The City Council discussed and agreed with Mochinski’s recommendation.
Ollig motioned to order the abatement of a public nuisance being maintained at 163 Main Avenue West and to seek summary enforcement through injunctive relief to have the roof system removed and replaced. Quast seconded.
Motion carried 5-0.
b) Mill Work Winsted City Hall
Mareck presented the mill work quote from Greystone Construction Company for $95,461. Mareck presented Alternate Number 3: Interior Casework on the June 5, 2007 Bid Tabulation sheet. The Greystone Construction Company bid on June 5, 2007 was $71,717.
Mareck stated that the City Council has two (2) options:
1. Accept the quote of $95,461 from Greystone Construction Company.
2. Rebid the project.
Ollig asked if the additional costs for the mill work would be paid through the contingency fund. Mareck stated yes and presented an update of the contingency fund that included the mill work.
Quast recommended that the City rebid the mill work project. She stated that she has had two (2) parties contact her that did not bid in the first bidding process and would like to bid this time.
Mochinski asked Mareck how long Greystone Construction Company will hold their bid of $95,461. Mochinski asked Mareck to contact Greystone Construction Company and ask them to hold the bid for forty-five (45) days.
Quast motioned to rebid the mill work for the New City Hall, advertising for bids on January 6, 2008 with bid opening to be held on Wednesday, February 6, 2008, and have Greystone Construction Company officially hold their quote of $95,461 for forty-five (45) days. Ollig seconded. Motion carried 5-0.
5) New Business
a) 2008 Appointments
Mareck presented the 2008 appointments. Mareck highlighted the three (3) major changes within the list of 2008 appointments:
1. Jody Winters as the City of Winsted’s Prosecuting Attorney.
2. Bolton and Menk as the City of Winsted’s Consulting Engineer.
3. Reduction of the Airport Commission to a five (5) member board.
Mareck stated that the City Council held a formal interview process to review engineering proposals submitted by Short Elliott Hendrickson, Incorporated (S.E.H.) and Bolton and Menk. In reviewing engineering proposals and references, the City found that Bolton and Menk would provide the City with better and more efficient service than S.E.H. Although S.E.H has been with the City of Winsted for approximately forty (40) years, Bolton and Menk has demonstrated that they have the personnel, experience, ability, and energy to exceed our current expectations for engineering services in the City.
Mareck also stated that a small committee of Council members and staff met with Jody Winters, regarding her ability to take on the city’s Prosecuting Attorney position. The committee found that Ms. Winters will exceed the City’s expectations for the position.
Ollig motioned to ratify the Mayor’s recommendations for the 2008 appointments. Wiemiller seconded. Motion carried 5-0.
b) 2008 Fee Schedule
Mareck presented the proposed 2008 Fee Schedule for the City of Winsted. Mareck stated that the City Council annually adopts a fee schedule for the City. In 2007 the Council decided to adopt the fee schedule in the form of an ordinance, to encourage more public input through a public hearing process.
Mareck highlighted the proposed fee increases in 2008 in the areas of planning applications, equipment rental and liquor license fees. In addition, Mareck proposed a safety cone rental fee to assist in the purchasing of additional cones as wear and tear occurs. The fee will also ensure prompt return of the cones to the Public Works Department.
Mareck presented a survey of the liquor license fees of surrounding Communities. Mareck stated that the City of Winsted’s liquor license fees have not been addressed by the City Council since 1988, when they were dropped from $3,600 to $2,600. The average on-sale liquor license fee in the area is $3,300. The proposed 2008 fee schedule for the City of Winsted has an increase from $2,600 to $2,900.
Mareck stated that planning requests (variances, conditional use permits, etc…) incur significantly more costs to the city than the revenue brought in from the application fee. These types of applications require a publication notice in the newspaper, as well as mailing individual notices to property owners within 350 feet of the site application.
Mareck stated that the philosophy behind the fee schedule is a “user fee” system. The applicant or user should be responsible for the costs of the service, rather than having all City taxpayers subsidizing that use or service from the City.
Wiemiller asked if the City’s liquor licensees would be contacted regarding the proposed increase to liquor license fees in 2008. Mareck stated that a notice will be sent to all liquor licensees in the City of Winsted inviting them to the public hearing.
Ollig motioned to establish a Public Hearing for February 6, 2008 at 6:00 p.m. to consider adopting the 2008 fee schedule. Quast seconded. Motion carried 5-0.
6) Department Report
a) Metro West Inspection Services, Incorporated
Rob Beckfeld reported on the following:
· Housing inspections have slowed down.
· Working on follow-ups of previously issued building permits. Beckfeld is sending out letters to find out the status of the projects. Metro West Inspection Services, Incorporated is granting extensions where feasible. If they do not receive a response to their follow-up letter, they are expiring the permit.
· AAA Galvanizing’s construction project is close to being finaled out.
· The New City Hall project. The footing and foundation inspections have been completed. The contractors have been doing good work on the project.
7) No Open Forum.
a) Special Closed Meeting Historic City Hall
Mareck requested that the City Council schedule a Special Closed meeting to discuss the Historic City Hall.
Ollig motioned to schedule a Special Closed meeting on Tuesday, January 8, 2008 at 5:00 p.m. to discuss the Historic City Hall. Quast seconded. Motion carried 5-0.
b) Lease Agreement - 141 Fairlawn Avenue East
Eggert stated that the property owners at 141 Fairlawn Avenue East, Amy Millerbernd and Collin Botner, did not sign the Lease Agreement with the City of Winsted, to keep their storage shed on the City’s property, because they wanted the agreement to state that when the City develops the park, they will have to remove their shed. The agreement currently allows the City to terminate the lease upon thirty (30) days notice. Eggert recommended that the City not change the lease agreement. The City Council discussed and agreed with Eggert’s recommendation that the agreement remain as written and allow the City to terminate the lease agreement upon thirty (30) days notice.
Quast motioned to adjourn. Mochinski seconded. Motion carried 5-0.
Deborah R. Boelter