Winsted City Council Minutes

City of Winsted

City Council Meeting

Council Chambers

May 6, 2008

6:00 p.m.

 

Present:                        Mayor Steve Stotko

                                    Council Member Tom Ollig

                                    Council Member Dave Mochinski

Council Member Tom Wiemiller

 

Absent:                                    Council Member Bonnie Quast

 

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

           

Wiemiller motioned to adopt the Consent Agenda as presented.  Mochinski seconded.  Motion carried 4-0.

           

a)              Minutes – Regular City Council Meeting – April 16, 2008

 

Accepted the minutes of the Regular City Council Meeting of April 16, 2008.

 

b)              Minutes - City Council Work Session – April 16, 2008

 

            Accepted the minutes of the City Council Work Session of April 16, 2008.

 

c)              Minutes – Special City Council Meeting – April 29, 2008

 

            Accepted the minutes of the Special City Council Meeting of April 29, 2008.

 

d)              Change Order #24 –Winter Conditions – City Hall

 

Approved change order #24 authorizing $10,003.84 in winter conditions for Winsted City Hall.

 

e)              Mosquito Control

 

Authorized eight (8) bi-weekly mosquito control applications by Clarke Mosquito Control for $5,369.52.

 

f)               Engineering Contract – Bolton & Menk, Incorporated – Airport Project

 

Authorized agreements for professional engineering service from Bolton and Menk, Incorporated for projects at the Winsted Airport.

 

g)              Park Commission Appointment

 

Appointed Amanda Alguire to the Winsted Park Commission.

 

h)      Resolution R-08-10 – Election Polling Place

 

Adopted Resolution R-08-10 for the City of Winsted, Minnesota to change the polling place for each election precinct pursuant to Minnesota Statute 204b.16.

 

i)            Resolution R-08-11 – Winsted Police Department Safe & Sober Program

 

Adopted Resolution R-08-11 authorizing the City of Winsted to enter into a grant agreement with the Minnesota Department of Public Safety; entitling the Winsted Police Department to work Safe & Sober shifts during the period from October 1st, 2008 through September 30th, 2009. 

 

j)      City Hall and Lakefront Promenade Project – Pay Request #7

 

Approved Pay Request #7 in the amount of $290,262.05 to Greystone Construction Company for work completed on the City Hall and Lakefront Promenade project.

 

k)            Dumpster Enclosure – Winsted City Hall

 

Authorized the purchase and installation of a dumpster enclosure in the amount of $3,786 by Ram Buildings Incorporated for the Winsted City Hall.

l)            Claims

 

            Approved the Claims List for May 6, 2008 as presented.

 

3)            Public Hearings

 

a)              Private Docks on City Property – Ordinance O-08-04

 

Mareck presented Ordinance O-08-04 establishing docks on Winsted Lake in the City of Winsted and the Dock Permit Application.  Mareck stated that the City Council previously requested to have an ordinance prepared, which would regulate and create a permitting system for private docks on city property.  The proposed ordinance satisfies all the recommendations of the League of Minnesota Cities Insurance Trust (LMCIT).  In addition, the ordinance limits permit applications to those residents who live on Kingsley Street (and one (1) house on Sherman Avenue East).  Docks must be placed directly across from the applicant’s property on Kingsley Street.  Mareck stated that the proposed permit fee is $35.

 

Mareck stated that the ordinance has been reviewed by members of the Winsted Lake and Watershed Association; their only comment was to ensure that the ordinance only applied to docks that would be adjoining city property and not privately owned docks throughout Winsted Lake.

 

Mike Fasching, 302 South Shore Drive, addressed the City Council.  Fasching asked why the requirement to have signage stating “Private Property” and/or “No Trespassing” was presented at an earlier City Council meeting but was not listed in the proposed Ordinance before the Council tonight.  Mareck stated that he removed it from the proposed ordinance because the LMCIT does not require “Private Property” and/or “No Trespassing” signage.  Eggert recommended that the requirement to have the aforementioned signage be added to Ordinance O-08-04.  Eggert stated that it would protect the property owner and the city.  Fasching stated that it would benefit him because he knows that the private dock on city property, located next to his property, is often used by people who are trespassing and their behavior sometimes becomes unlawful.  Fasching stated that having the required “Private Property” and/or “No Trespassing” signage would enable him to contact the Winsted Police Department when he suspects that the dock is being occupied by trespassers.

 

Ollig motioned to adopt Ordinance O-08-04 setting regulations and establishing a permit system for private docks on city property with the addition of “Private Property” and/or “No Trespassing” signage as a requirement.  Wiemiller seconded.  Motion carried 4-0.

 

                        Mochinski motioned to close the Public Hearing.  Ollig seconded.  Motion carried 4-0.

 

4)            Old Business

 

a)     Historic City Hall – Amendment to the Developer’s Agreement

 

Mareck stated that the City of Winsted entered into a developer’s agreement with Todd and Kelly Colonna in 2001, for the renovation and restoration of the Historic City Hall.  In 2007, the City Council initiated a process to consider possible litigation against the Colonna’s for alleged violations of the developer’s agreement.  The Colonna’s met with representatives of the city to discuss the remaining phases of the project and mutually agreed to compose an amendment to the existing contract to ensure the completion of the project in a timely manner.

 

The addendum to the agreement outlines the remaining work to be completed by the Colonna’s and separates this work into three phases.  Each phase has a specified work plan and completion date, which will subsequently be reviewed and checked for completeness by city staff.

 

Renovation Schedule:

Phase One – June 30, 2008

Phase Two – July 31, 2008

Phase Three – November 30, 2008

 

Mareck stated that by adopting the addendum to the original agreement, the City of Winsted would “stay” any civil action against the Colonna’s until the terms of the agreement have been either met or broken.

           

Mareck stated that there appears to be some type of “edit” on page two (2) of the addendum to the developer’s agreement, which is illegible; the City Attorney has discussed the edit with the Colonna’s attorney.  Eggert stated that the edit has to do with tuck pointing.  Eggert discussed the edit with the Colonna’s attorney and he stated that one (1) of the progress reports completed by the Colonna’s showed that the tuck pointing had been completed on three (3) sides of the building.  The Colonna’s attorney asked the city to be more specific about what tuck pointing they wanted completed. 

 

The Colonna’s will be liable for liquidated damages of up to $100 per day, for each day the project remains incomplete after November 30, 2008.

 

Mayor Stotko stated that when he, Quast, Mareck and Eggert met with Colonna they discussed the need to do some tuck pointing on the front of the building.

 

Mochinski stated that there is an area on the southeast corner of the Historic City Hall building that has a major crack and should be looked at.

 

Ollig asked if the language in the agreement regarding tuck pointing could be left as is and if Colonna has completed the tuck pointing, it should not be an issue.

 

Eggert stated that the City Council could adopt the agreement as is with the stipulation that the tuck pointing be evaluated and approved by Mareck.  Mareck stated that he will evaluate the tuck pointing with the City’s Building Inspector.

 

Ollig motioned to approve an addendum to the developer’s agreement with Todd and Kelly Colonna for the renovation of the Historic City Hall; leaving the wording on page two (2) of two (2) regarding the tuck pointing until the tuck pointing is evaluated by Mareck and the City’s Building Inspector.  Mochinski seconded.  Motion carried 4-0.

 

5)            New Business

 

a)              Community Room Use Policy – Winsted City Hall

 

Mareck presented the proposed Community Room Use Policy.  Mareck stated that the proposed policy sets guidelines for use of the community room in the new Winsted City Hall.  The room’s use would be limited to residents and property owners of the City of Winsted. 

 

The policy sets the purpose of the room as “a clean and family friendly environment to hold community events, gatherings and meetings.  The City of Winsted does not wish to compete or serve as another option for holding events or gatherings that could otherwise be held at privately owned establishments, which provide similar facilities and services.”

Consequently, the room will not be available for private parties or for-profit businesses.

 

Mareck stated that the use of the room will require a refundable $75 damage deposit.  In addition, the policy calls out for a $25 room rental fee. The following groups would be exempt from the damage deposit and rental fee:

1.     Winsted Chamber of Commerce

2.     Winsted Summer Festival

3.     Winsted Lake and Watershed Association

4.     Winsted Senior Dining

5.     Winsted Public Library

6.     Winsted American Legion

 

Mochinski asked if the Community Room Use Policy should include regulations regarding Winsted Township’s public meetings.  Mareck stated that their lease with the City of Winsted requires that the city provide them with a space for their meetings.  Eggert recommended that the City Council adopt the policy as is and establish with Winsted Township what room(s) they will be using for their meetings.

 

Wiemiller motioned to adopt the Community Room Use Policy.  Mochinski seconded.  Motion carried 4-0.

 

b)              Sign Ordinance – Moratorium Resolution – Temporary Signage

 

Mareck presented Resolution R-08-12 enacting a moratorium on certain sections of the Municipal Sign Ordinance.  Mareck stated that at their April 29th, 2008 Special City Council meeting, the City Council expressed an interest in reviewing the city’s Sign Ordinance.  Specifically, the Council wanted to address the use and placement of temporary signs in a highway commercial zoning district. 

 

Upon review with the Chair of the Planning Commission, it appears that there are several sections within the Sign Ordinance that should be reviewed and possibly revised.  Short of calling a special meeting, the Planning Commission would be able to begin a thorough review of the Sign Ordinance in July.  However, in order to deal with the immediate need to address temporary signage, a moratorium resolution has been drafted, which would temporarily allow the placement of one temporary sign per property in a highway commercial zoning district.  The moratorium would become null and void upon any future adopted amendments to the Sign Ordinance.

 

Mareck presented the following options for the City Council to consider:

1.     Adopt the moratorium resolution.

2.     Let the ordinance stand “as is” until the Planning Commission has had an opportunity to review and make recommendations pertaining to the existing ordinance.

3.            Call for a special meeting of the Planning Commission to address the Sign Ordinance.

 

Ollig motioned to adopt Resolution R-08-12 setting a temporary moratorium on the enforcement of certain sections within the Sign Ordinance.  Wiemiller seconded.  Motion carried 4-0.

 

6)            Department Report

           

a)              City Hall Progress

 

Mareck gave an update on the construction of the new City Hall and Lakefront Promenade.

                       

 

7)            No Open Forum.

 

8)            Announcements

 

            a)            Congratulations to Winsted Police Department Chief Mike Henrich

 

Mareck congratulated Chief Henrich on his successful apprehension of a murder suspect found in the City of Winsted.

 

9)            Adjournment

 

Wiemiller motioned to adjourn.  Mochinski seconded.  Motion carried 4-0.

 

 

 

Respectfully submitted,

 

 

 

Deborah R. Boelter

City Clerk-Treasurer

City of Winsted

City Council Work Session

Council Chambers

May 6, 2008

5:00 p.m.

 

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

                                    Dave Meyer, Maintenance Lead

                                    Jamie Stotko, Maintenance Lead

                                               

I.            Call To Order

 

Mayor Stotko called the meeting to order at 5:00 p.m.

 

II.            Underground Utility Work – Public Works

 

Stotko, Jamie distributed a memo regarding underground utility work.  The memo listed eighteen area cities that contract for underground utility work.  Stotko, Jamie stated that the cities he contacted informed him that they do not do the work themselves due to liability concerns.  Meyer stated that there are several underground utilities that the city could potentially be liable for if they damaged them when digging.  Meyer stated that repair or replacement of these utilities would be costly for the city.  When using a contractor to perform underground utility work, they are responsible for any liability due to any underground utilities that they may damage while they are digging.

           

Meyer also stated in the event of emergency utility work, the Public Works Department performs several other tasks while the contractor is doing the underground utility work.

 

Ollig stated that he does not believe that the city should purchase an excavator and the underground utility work should be contracted out.

 

Mayor Stotko stated that most of the surrounding cities are contracting it out and he believes the City of Winsted should do the same.

 

III.            Sterner Building

 

Mareck distributed a map detailing a proposed property acquisition and driveway easement that the city would like to purchase from the Sterner property located east of the Public Works facility. Mareck stated that he has contacted the real estate company selling the property and they are open to the proposal.  Mareck estimated that it would be approximately $10,000 to $15,000, and the purchase would be funded with the money left in the Public Works facility bond.

 

Meyer stated that it would enable them to access their facility from Third Street South.           

 

IV.            Edco Property

 

Mareck stated that he met with Charles Belanger and he is interested in working with the city to purchase the Edco property and building.  Mareck said that Belanger would like to keep the sheds and the land they are located on.  The Council discussed and agreed that they would like Mareck to negotiate the sheds with Belanger.  They would like to see the sheds removed.  Mareck stated that he could negotiate that the city would purchase the sheds, allow Belanger to use them for ten (10) years, and at the end of the ten (10) years the sheds would be removed.

 

V.            Ochu Property

 

Mareck stated that he is waiting for a letter from Mark Ochu confirming that the property will be cleaned up in six (6) months.

 

Mareck stated that Greg Gehrman, Winsted Hardware, is negotiating with Ochu to purchase the property and move the hardware store there.

 

VI.            Baird Property

 

Mareck stated that he and Mayor Stotko met with the owners of the Baird Property.  They were disappointed that the proposed assisted living housing facility did not happen.  Mareck stated that they were insistent that the city should be pursuing Fleet Farm and/or other big retailers to locate on the site.

 

Mareck also stated that they wanted the city to invest in developing the property.

 

VII.            Kingsley Trail

 

Mareck stated that he, Mark Kaltsas, MK Land Corporation and Jake Saulsbury, Bolton & Menk, Incorporated, walked Kingsley Street to evaluate the proposal to stripe it.  Kaltsas and Saulsbury are preparing some drawings for a striping plan.  Mareck will present the proposed striping plan to the Park Commission and then to the City Council.

 

VIII.            Planning Commission/City Council Training

 

Mareck reminded the City Council about the Planning Commission training that has been scheduled for Wednesday, May 14, 2008 and Wednesday, June 4, 2008.  The City Council is invited to attend.

 

IX.            Fire Board Meeting – April 30, 2008

 

Mareck reviewed the discussions of the Joint Fire Board meeting that was held on Wednesday, April 30, 2008.  Mareck stated that one (1) of the items discussed included the proposed purchase of a light rescue vehicle in 2009.

 

X.            Water and Sewer Connections

 

Mareck stated that the property owners in Westgate Housing Development who needed to agree to an easement to allow the city to run a water and sewer connection through their property to the Schank property, have approved the easement request.  Saulsbury is preparing formal documents to show the connection through their property to the Schank property.  Mareck stated that he and members of the City Council will meet with the Schanks to discuss the project.

 

Mareck stated that Saulsbury is working with the mobile home park to identify their infrastructure.

 

XI.            Waste Water Treatment Plant

 

Mareck stated that the May 20, 2008 Work Session will be dedicated entirely to future planning for the Waste Water Treatment Plant (WWTP).

 

XII.            Minnesota State Legislature - Bid Threshold Increased

 

Mareck reported that the Minnesota State Legislature increased the bidding threshold to $100,000.  Mareck stated that this means that the city will not be required to obtain sealed bids for any projects under $100,000.  This will save the city money because we will not need to have engineers prepare documents, there will not be advertising costs, and more.

 

XIII.            Minnesota City/County Management Association (MCMA)

 

Mareck stated that he will be out of the office from Wednesday, May 7, 2008 through Friday, May 9, 2008 at the MCMA Annual Conference.

 

XIV.            Tetra Pak CPS

 

Mareck stated that at the May 20, 2008 City Council meeting he will have a JOBZ transfer for Tetra Pak CPS.           

 

XV.            2008 Election

 

Boelter presented the preparation requirements for changing the City’s polling place from the Winsted Volunteer Fire Department to the City Hall.

 

            Mareck reviewed the candidate filing dates.

 

XVI.            Adjourn

 

Ollig motioned to adjourn.  Quast seconded.  Motion carried 5-0.

 

 

 

Respectfully submitted,

 

 

 

Deborah R. Boelter

City Clerk-Treasurer


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