City Council Meeting
Regular MeetingMarshall, MN · January 8, 2019
Minutes
CITY OF MARSHALL
CITY COUNCIL MEETING
MINUTES
Tuesday, January 08, 2019
The regular meeting of the Common Council of the City of Marshall was held January 8, 2019 in the
Professional Development Room at the Marshall Middle School, 401 South Saratoga Street. The meeting was
called to order at 5:30 P.M. by Mayor Robert Byrnes. In addition to Byrnes the following members were in
attendance: Craig Schafer, Steven Meister, Glenn Bayerkohler, John DeCramer, and Russ Labat. Absent:
Lozinski. Staff present included: Sharon Hanson, City Administrator; Dennis Simpson, City Attorney; Glen
Olson, Director of Public Works/City Engineer; Jason Anderson, Assistant City Engineer/Zoning Administrator;
Jim Marshall, Director of Public Safety; Annette Storm, Director of Administrative Services; Sheila Dubs,
Human Resource Manager; Scott VanDerMillen, Director of Community Services; Dave Parsons, City Assessor;
Bob VanMoer, Wastewater Treatment Facility Superintendent; Ilya Gutman, Plan Examiner/Assistant Zoning
Administrator and Kyle Box, City Clerk.
The Pledge of Allegiance was recited at this time.
There was a consensus to operate under the presented agenda.
Administration of the Oath of Office for New Councilmembers.
City Clerk Kyle Box administered the oath of office for each of the newly appointed offices of Council.
Approval of the Minutes.
Motion made by Councilmember Schafer, Seconded by Councilmember Meister to approve the minutes from
the work session and regular meeting held on December 18, 2018. Voting Yea: Mayor Byrnes, Councilmember
Labat, Councilmember Schafer, Councilmember Meister, Councilmember Bayerkohler, Councilmember
DeCramer. The motion Carried. 6 – 0
Consideration of Resolution Number 4572, Second Series, a resolution approving home property tax
abatement.
On December 18, 2018 a public hearing was called for and to be held on January 8, 2019 regarding a home
property tax abatement request. Per M.S 469.1813 sub 5 The governing body of the political subdivision may
approve an abatement under sections 469.1812 to 469.1815 only after holding a public hearing on the
abatement. The property is located at 1103 Slate Street with an estimated market value of $200,000 with the
difference of improvement being $165,000.
Economic Development Director Tara Onken presented the item to Council. There was further discussion by
Council and Staff.
Motion made by Councilmember Meister, Seconded by Councilmember DeCramer to close the public hearing.
Voting Yea: Mayor Byrnes, Councilmember Labat, Councilmember Schafer, Councilmember Meister,
Councilmember Bayerkohler, Councilmember Decramer. The motion Carried. 6-0
Motion made by Councilmember Schafer, Seconded by Councilmember Labat.
Voting Yea: Mayor Byrnes, Councilmember Labat, Councilmember Schafer, Councilmember Meister,
Councilmember DeCramer. Voting Nay: Councilmember Bayerkohler. The Motion Passed. 5-1
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Commerce Industrial Park Second Addition – Public Hearing on Preliminary Plat, approval of Preliminary
Plat and Consideration of Resolution Number 4573, Second Series, Approving the Final Plat.
The final plat of Commerce Industrial Park was adopted by the City Council in 2016. Since that
time the property has been designed and constructed in accordance with plans and specifications provided by
Bolton & Menk, Inc.
The development plans included the construction of the connection of Michigan Road/Pacific Avenue and T.H.
68, the construction of Michigan Road, installation of utilities on Michigan Road, and construction of
stormwater detention and treatment ponds for the entire site except for a small area on the northwest corner
of the subdivision.
After this construction has been completed, it was desired to replat the area indicating developable properties
and out lots where the stormwater drainage and detention and treatment areas were located. Copies of the
proposed subdivision have been sent to the local utility companies for their review and comments. No adverse
comments have been received.
At the Planning Commission meeting on December 12, 2018, Fox made a motion, seconded by
Knieff to recommend approval of the preliminary plat to the City Council and to call for public
hearing to be held on January 8, 2019. All voted in favor. The preliminary plat was introduced at
the City Council meeting on December 18, 2018.
A draft preliminary plat was submitted to both the Office of the Lyon County Recorder and the City Attorney.
The final plat has resolved the issues and concerns related to the replat of Commerce Industrial Park. As the
State of Minnesota has some financial interest in the development of the property from the Business
Development Public Infrastructure (BDPI) grant from DEED, the City Attorney will propose a consent to plat
document to be signed by DEED and/or the MMB (see attached memo from City Attorney).
Director of Public Works/City Engineer presented the item to Council. There was further discussion by Council
and Staff.
Motion made by Councilmember Schafer, Seconded by Councilmember DeCramer to close the public hearing.
Voting Yea: Mayor Byrnes, Councilmember Labat, Councilmember Schafer, Councilmember Meister,
Councilmember Bayerkohler, Councilmember DeCramer. The motion Carried. 6-0
Motion made by Councilmember Meister, Seconded by Councilmember Labat to approve the preliminary plat.
Voting Yea: Mayor Byrnes, Councilmember Labat, Councilmember Schafer, Councilmember Meister,
Councilmember Bayerkohler, Councilmember DeCramer. The motion Carried. 6-0
Motion made by Councilmember DeCramer, Seconded by Councilmember Labat to approve Resolution
Number 4573, Second Series, a resolution approving the final plat. Voting Yea: Mayor Byrnes, Councilmember
Labat, Councilmember Schafer, Councilmember Meister, Councilmember Bayerkohler, Councilmember
DeCramer. The motion Carried. 6-0
Conduct the Public Hearing on Amending Ordinance Sections and Adopt Ordinance Number 732, Second
Series.
City Council Meeting January 08, 2019 Minutes
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This summer, Paul Schierholz, owner of The Broadmoor Valley manufactured home park, informed the City
staff that, in his mind, the City Zoning Ordinance is contradicting the State Statutes in its regulations of placing
manufactured homes within residential districts other than R-5 Manufactured Home Park District.
The staff reviewed the Ordinance and the State Statutes and concurred with Mr. Schierholz, determining that
our Zoning Code is indeed in conflict with the State Statutes. Since the State Statutes always have priority over
local ordinances, it was necessary to revise the Zoning Ordinance to match the State Statutes. The staff then
decided to review the entire Ordinance for regulations pertaining to manufactured homes, beyond Mr.
Schierholz request, to better meet the current needs and conditions and allow for improved coordination of
provisions within the Ordinance. As a result, Sections 86-101 R-5 Manufactured Home Park District and 18-101
Installation were also significantly revised.
State Statutes require that manufactured homes be permitted in R-1 One Family Residence District with no
additional conditions, so the staff removed specific requirements for manufactured homes installed in R-1 One
Family Residence District and adjusted those requirements to apply to all residential structures. State Statutes
also requires that Manufactured Home Parks be permitted as a Conditional Use in all residential districts
allowing multiple family structures and this change was also incorporated into the Ordinance.
Ordinances of several other cities have been analyzed and their provisions were considered in changing the
City of Marshall Ordinance.
During the October 10, 2018, regular Planning Commission meeting, proposed revisions were discussed and
tabled to the next regular Planning Commission meeting on November 14, 2018, to allow staff to make some
suggested changes.
During the November 14, 2018, regular Planning Commission meeting, ordinance amendments, revised by
staff to reflect Planning Commission comments, were discussed and recommended for adoption. All voted in
favor of the motion.
At the meeting on December 5, 2018, Legislative and Ordinance Committee voted to recommend to council
the approval of Amendments to sections 18-101 Installation, 86-71 Classes and enumeration of districts, 86-97
R-1 One Family Residence District, 86-98 R-2 One- to Four-Family Residence District, 86-99 R-3 Low to Medium
Density, Multiple- Family Residence District, 86-100 R-4 Higher Density, Multiple-Family Residence District, 86-
101 R-5 Manufactured Home Park District, and 86-165 Manufactured Homes as recommended by staff with
one minor change. The Ordinance Amending Sections 18-101 Installation, 86-71 Classes and enumeration of
districts, 86-97 R-1 One Family Residence District, 86-98 R-2 One- to Four-Family Residence District, 86-99 R-3
Low to Medium Density, Multiple-Family Residence District, 86-100 R-4 Higher Density, Multiple-Family
Residence District, 86-101 R-5 Manufactured Home Park District, and 86-165 Manufactured Homes and Call
for Public Hearing was introduced at December 18, 2018, City Council meeting.
Plan Examiner/Assistant Zoning Administrator presented the item to Council.
Motion made by Councilmember Meister, Seconded by Councilmember DeCramer to close the public hearing.
Voting Yea: Mayor Byrnes, Councilmember Labat, Councilmember Schafer, Councilmember Meister,
Councilmember Bayerkohler, Councilmember DeCramer. The motion Carried. 6-0
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Motion made by Councilmember Labat, Seconded by Councilmember DeCramer to adopt Ordinance Number
732, Second Series, Amending Sections 18101 Installation, 86-71 Classes and enumeration of districts, 86-97 R-
1 One Family Residence District, 8698 R-2 One- to Four-Family Residence District, 86-99 R-3 Low to Medium
Density, Multiple-Family Residence District, 86-100 R-4 Higher Density, Multiple-Family Residence District, 86-
101 R-5 Manufactured Home Park District, and 86-165 Manufactured Homes. Voting Yea: Mayor Byrnes,
Councilmember Labat, Councilmember Schafer, Councilmember Meister, Councilmember Bayerkohler,
Councilmember DeCramer. The motion Carried. 6-0
Consent Agenda
Member Labat requested that item number 10, Consider approval of 2019 Workers Compensation Insurance,
be pulled for further discussion.
Motion made by Councilmember Meister, Seconded by Councilmember Schafer to approve the consent
agenda. Voting Yea: Mayor Byrnes, Councilmember Labat, Councilmember Schafer, Councilmember Meister,
Councilmember Bayerkohler, Councilmember DeCramer. The motion Carried. 6-0
Approval of Resolution Number 4574, Second Series, a resolution designating the Official Newspaper.
Approval of Resolution Number 4575, Second Series, a resolution designating the Official Depositories for City
Funds for 2018.
Approval of amendments to the Data Practices Policies
Approval for SWMN CAT (Southwest Minnesota Chemical Assessment Team) to apply for HMEP (Hazardous
Materials Emergency Planning) grant funds from the State of Minnesota Department of Homeland Security
and Emergency Management (HSEM).
Approval of a LG220 Application for Exempt Permit for Holy Redeemer Church for March 23, 2019
Approval of an application for an On-Sale Intoxicating Liquor License for Holy Redeemer Church for March 23,
2019
Approval an application for an On-Sale Intoxicating Liquor License for Marshall Convention and Visitors Bureau
for February 7, 2019
Approval of Resolution Number 4576, Second Series, a resolution delegating authority to the city to make
electronic fund transfers
Approval of Resolution Number 4577, Second Series, a resolution to authorize the Finance Director to pay
certain claims
Approval of the bills/project payments
Consider approval of 2019 Workers Compensation Insurance.
City Council Meeting January 08, 2019 Minutes
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The workers compensation insurance covers the City employees, elected and appointed officials, Library and
Marshall Municipal Utilities employees. The 2019 premium reflects keeping the deductible remaining at
$5,000. This will be an additional $19,774 credit amount to the standard premium of $263,648.
Manual Premium $ 387,718
Experience Mod. 0.68 -124,070
Standard Premium 263,648
Deductible Credit 7.50% - 19,774
Premium Discount - 28,499
Net Deposit Premium 215,375
This premium is paid by the following:
City Portion $181,195
Library Portion $2,438
MMU Portion $31,742
This is a $8,567 or 4.14% increase from 2018 to 2019.
The experience modifier has increased very slightly from 0.67 in 2018 to 0.68 in 2019. That would indicate that
staff have been diligent on working to keep a safe work environment as well as continued training for staff in
safety at the workplace. The rate increase also reflects the upward trend in overall insurance costs. Council
member Labat pulled the item for further discussion. Member Labat wanted to verify the City has reviewed its
deductible amounts. Finance Director Karla Drown provided additional information on the item. There was
further discussion by Council to review the rates prior to the 2020 renewal period.
Motion made by Councilmember Labat, Seconded by Councilmember Schafer to approve renewal of the 2019
City’s Workers Compensation Insurance with the League of Minnesota Cities Insurance Trust. Voting Yea:
Mayor Byrnes, Councilmember Schafer, Councilmember Meister, Councilmember Bayerkohler,
Councilmember DeCramer. Voting Nay: Councilmember Labat. The motion Passed. 5-1
Selection of City Council President Pro tempore by City Council.
In accordance with Section 2.06 of the City Charter, the Council shall choose from its members a President Pro
tempore who shall hold office at the pleasure of the Council and shall serve as
president at the Mayor's absence and as a Mayor in case of the Mayor's disability or absence from the City.
Member Craig Schafer nominated John DeCramer. Member Russ Labat nominated James Lozinski. After a
written ballot was collected John DeCramer obtained 5 votes, James Lozinski obtained 1 vote.
Motion made by Councilmember Schafer, Seconded by Councilmember Meister to approve the nomination of
Councilmember John DeCramer to City Council President Pro tempore. Voting Yea: Mayor Byrnes,
Councilmember Labat, Councilmember Schafer, Councilmember Meister, Councilmember Bayerkohler,
Councilmember DeCramer. The motion Carried. 6-0
Consider Mayoral Appointment for Councilmembers to Boards/Commissions and Committees.
The Mayor holds authority to appoint Councilmembers to serve on Boards/Commission and Committees
subject to Council confirmation.
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Motion made by Councilmember Labat, Seconded by Councilmember Meister to approve the Mayoral
Appointment for Councilmembers to Boards/Commissions and Committees. Voting Yea: Mayor Byrnes,
Councilmember Labat, Councilmember Schafer, Councilmember Meister, Councilmember Bayerkohler,
Councilmember DeCramer. The motion Carried. 6-0
Request to Move Dwelling into Residential District at 312 Warsaw Circle.
The house to be moved to 312 Warsaw Circle is currently located in Milroy, MN. It is a one story over
basement 1,500 S.F. footprint house with a two-car attached garage built in 1968. This house was inspected by
Ray Henriksen, Building Services Coordinator, and found to be in good condition suitable for moving. A photo,
building diagram, and inspection report are attached. The plan is to set this house on a newly built basement
at a new location; at that time the entire house will be brought up to the new Building Code. The site at
Warsaw Circle Street seems to be adequate.
The residential area where this house will be moved in does have a covenant agreement, but this house seems
to be generally in compliance with it. There are just a few dwellings in that area built in the mid-2000’s, which
are ranch and split type, that have about 1,200 SF average footprint. This house seems to be a relatively good
match for the area. An aerial photo of the area is attached for Council’s consideration. According to the City
Ordinance, the aesthetics, i.e. how the house fits into the locale to which it is being moved, is the main
concern for the Council and a deciding factor for approval. Which shall be granted in case it is determined that
the house does fit into the area.
Ilya Gutman, Plan Examiner/Assistant Zoning Administrator presented the item to Council. There was further
discussion by Council and Staff.
Motion made by Councilmember Schafer, Seconded by Councilmember Meister to call for public hearing to be
held on January 23, 2019, at the request of Mike Swalboski to move a dwelling into a residential district at 312
Warsaw Circle. Voting Yea: Mayor Byrnes, Councilmember Labat, Councilmember Schafer, Councilmember
Meister, Councilmember Bayerkohler, Councilmember DeCramer. The motion Carried. 6-0
Phase-1 Wastewater Treatment Improvements – Presentation by Bolton & Menk, Inc.
Bob VanMoer Wastewater Treatment Facility Superintend introduced the item to Council. John Peterson a
representative from Bolton & Menk, Inc., the City’s consultant for the Phase-1 Wastewater Treatment
Improvement Project, presented via PowerPoint on the design, schedule, and costs of the project. The plans
will be ready for Council authorization to advertise for bids at the January 23, 2019 Council meeting.
Lyon County Historical Society Museum.
Executive Director of the Lyon County Historical Society Museum, Jennifer Andries and Board President,
Andrea Hess provided an update on the 2nd Floor project taking place at the Lyon County Museum. The Lyon
County Historical Society has been named as a 2018 recipient of a Minnesota Historical and Cultural Heritage
Grant in the amount of $265,585 for the fabrication and installation of the Lyon County Museum’s 2 nd floor
exhibit gallery, “Making Lyon County Home”.
MERIT Center Driving Track - Phase 2: Approving Plans and Specifications and Order Advertisement for
Bids.
Director of Public Works/City Engineer introduced the item to Council in addition to Jon Schwichtenberg a
representative from Graef-USA who presented the project via PowerPoint. The project includes the design and
City Council Meeting January 08, 2019 Minutes
Page 7 of 11
construction plans and specifications for the project, including alternatives for construction with all costs
falling within a $3.1 million total budget. At the Council meeting on October 9, 2018, the Council awarded the
Proposal for civil engineering, landscape architecture, and building design services for the above-referenced
project with Graef-USA Inc. of Minneapolis, Minnesota. The consultant has completed the design and has
estimated the total project cost to fall within the budget provided. The project will be funded from the MERIT
Center Driving Track-Phase 2 Fund (485-50551-5530).
Motion made by Councilmember Schafer, Seconded by Councilmember DeCramer to that the Council approve
the plans and specifications and order the advertisement for bids for the MERIT Center Driving Track-Phase 2.
Voting Yea: Mayor Byrnes, Councilmember Labat, Councilmember Schafer, Councilmember DeCramer Voting
Nay: Councilmember Meister, Councilmember Bayerkohler. The motion Passed. 4-2
Consideration for approval of Professional Services Proposal for Marshall Aquatic Center.
As the City of Marshall explores improvements to the Aquatic Center, consulting and engineering firms have
been solicited to provide guidance for said project. ISG of Mankato and 292 Design Group of Minneapolis have
submitted Professional Services Proposals which meet the criteria required for a complete assessment of this
project.
Scott VanDerMillen Director of Community Services presented the item to Council. There was further
discussion by Council and Staff.
Motion made by Councilmember Labat, Seconded by Councilmember Meister to accept Professional Services
Proposal as presented from 292 Design Group of Minneapolis no to exceed $21,000. Voting Yea: Mayor
Byrnes, Councilmember Labat, Councilmember Schafer, Councilmember Meister, Councilmember Bayerkohler,
Councilmember DeCramer. The motion Carried. 6-0
Consider Approval of Resolutions Accepting Donations for the Parks Department.
The City of Marshall’s partnership with MAYBA dates back to the installation of the baseball fields at
Independence Park in the 1990’s. The donation of these funds by MAYBA show’s their desire to reinvest funds
into our ballfields and continually strive to make our fields a better place to host games and tournaments.
MAYBA would like to donate $8,096.50 to be put towards the regarding of the playing surface at American
Legion Field. The field has been gradually getting more uneven and has become a safety concern for players.
The Marshall Baseball Association would also like to donate funds to the project at American Legion Field. The
Marshall Baseball Association would like to donate $3,000.00 to cover the costs of the new sod being installed
once the re-grading is completed.
The Family of Ralph Orren would like to donate $675.00 towards the purchase of a bench at the horseshoe
courts at Independence Park in Ralph’s memory as he was an avid horseshoe player.
The Kiwanis Club would like to donate $3,000.00 towards the purchase and installation of new playground
equipment at Legion Field in 2019. Total donations being accepted at this time for Park Improvements is
$14,771.75.
City Council Meeting January 08, 2019 Minutes
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Preston Stensrud, Parks Superintendent, presented the resolutions to Council. There was further discussion by
Council and Staff.
Motion made by Councilmember Schafer, Seconded by Councilmember Meister to adopt Resolution Number
4578, 4579, 4580 and 4581, Second Series. Voting Yea: Mayor Byrnes, Councilmember Labat, Councilmember
Schafer, Councilmember Meister, Councilmember Bayerkohler, Councilmember DeCramer. The motion
Carried. 6-0
Tax Abatement Policy.
At that meeting on November 13th, the City Council requested the EDA develop a draft Hotel Tax Abatement
Policy which would be available for all hotel/motel developers and/or hotel renovation projects.
On Wednesday, November 21st the EDA Board was presented a preliminary draft Hotel/Motel Tax Abatement
Policy for New Builds OR Renovation Projects for review and consideration.
At that EDA meeting on November 21st, a motion was made by Chet Lockwood and seconded by Stacy Frost
to recommend the tax abatement policy and to also include all businesses/industrywide (instead of just
hotel/motel industry) to City Council. Motion carried.
At the November 27th City Council Meeting, the draft Hotel/Motel Tax Abatement policy was presented, along
with the background information and recommendation from EDA to expand the abatement policy to all types
of businesses. Council Members agreed, and then directed staff to update to an abatement policy that
included all types of businesses. Staff to bring back an updated policy to City Council for further review and
approval.
Councilmember Labat discussed the abatement period. Economic Development Director Tara Onken
commented that the maximum abatement period of 15 years is governed by State statute. However,
depending on the project the period can be limited by Council.
Councilmember Meister provided discussion from the EDA.
Motion made by Councilmember DeCramer, Seconded by Councilmember Meister to adopt a Tax Abatement
Policy Voting Yea: Mayor Byrnes, Councilmember Schafer, Councilmember Meister, Councilmember DeCramer
Voting Nay: Councilmember Labat, Councilmember Bayerkohler. The motion Passed. 4-2
Change Order Authorization.
Director of Public Works/City Engineer Glenn Olson presented the item to Council. Periodically, construction
contracts require the use of change orders for a variety of reasons-- unforeseen construction items not
included in the original contract, variations of contract quantities, unit price changes, time extensions, or plan
errors.
Currently, the department initiates a change order whenever any of these contract changes occur, but the
work is normally completed prior to Council action.
The Council has requested City staff to review the current change order process and recommend revisions to
streamline the process.
City Council Meeting January 08, 2019 Minutes
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In order not to delay construction progress, in accordance with our standard construction Agreement, Article 2
indicates that the “ENGINEER shall act as OWNER'S representative, assume all duties and responsibilities and
have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion
of the Work in accordance with the Contract Documents.”
Also, in accordance with the Standard General Conditions of the Construction Contract, Section 9.01, A.
indicates “Engineer will be the Owner’s representative during the construction period.”
However, I believe it is necessary for the Council to be aware of changes to the work previously authorized by
the Council. When a construction project is authorized, the Council approves the contract with the contractor
plus 5% contingencies.
In the last 10 years of project history for all projects over $100,000.00, change orders have fallen within the
5% range. For projects up to $100,000.00, change orders vary widely from -3% to +45% and average just under
10% because of the small original contract amounts. In accordance with our current Purchasing Policy, Council
approval is not required for contracts under $25,000.00. If a sliding scale would be considered, use $25,000.00
or 5%, whichever is greater.
After review, it is our recommendation to allow change orders according to the following administrative
procedure:
(A) Change orders, cumulatively or singly, that do not exceed the project’s contingency funding may be
approved by the department director or their designee.
(B) Change orders that cumulatively or singly increase the value of a contract to exceed the project’s
contingency funding by twenty-five thousand dollars or less require the approval of the City Administrator.
The City Administrator may choose to seek additional approval from the Council.
(C) The Council must approve change orders that increase the value of the contract to more than twenty-five
thousand dollars beyond the project’s contingency funding.
(D) The Council approve the final reconciling change order and final payment.
Councilmember Meister commented on the size and dollar amounts of the projects.
Councilmember Bayerkohler questioned if by adopting this policy regarding change orders would lessen
Council oversight. Director Olson disagreed as all the information would remain in the Council packet.
City Administrator Sharon Hanson provided additional discussion on project size, percent increases, to costs to
do these types of projects and that change orders are a common occurrence throughout the State.
There was continued discussion by Council and Staff.
Motion made by Councilmember Schafer, Seconded by Councilmember DeCramer to adopt the change order
policy. Voting Yea: Mayor Byrnes, Councilmember Schafer, Councilmember DeCramer Voting Nay:
Councilmember Labat, Councilmember Meister, Councilmember Bayerkohler. The motion Failed. 3-3
Project Z66: Marguerite Avenue/South Bend Avenue Reconstruction Project – Consider Change Order No. 1.
The item on Change Order No. 1 relate to removal of a tree resulting in a contract increase of $3,000.00.
All work has been completed in accordance with the specifications.
City Council Meeting January 08, 2019 Minutes
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Motion made by Councilmember Labat, Seconded by Councilmember DeCramer that the Council approve
Change Order No. 1 with R&G Construction Co. of Marshall, Minnesota, resulting in a contract increase in the
amount of $3,000.00 for the above-referenced project. Voting Yea: Mayor Byrnes, Councilmember Labat,
Councilmember Schafer, Councilmember Meister, Councilmember Bayerkohler, Councilmember DeCramer.
The motion Carried. 6-0
Project Z66: Marguerite Avenue/South Bend Avenue Reconstruction Project – Consider Change Order No. 2
(Final) and Acknowledgement of Final Pay Request No. 5.
The items on Change Order No. 2 (Final Reconciling Change Order) are the result of final measurements and
changes in item quantities during construction. Each individual line item is shown on the spreadsheet attached
to the change order.
Motion made by Councilmember Labat, Seconded by Councilmember Schafer that Council approve Change
Order No. 2 (Final) with R&G Construction Co. of Marshall, Minnesota, resulting in a contract decrease in the
amount of $4,215.40 and acknowledge Final Pay Request (No. 5) in the amount of $47,901.10 for the above-
referenced project. Voting Yea: Mayor Byrnes, Councilmember Labat, Councilmember Schafer,
Councilmember Meister, Councilmember Bayerkohler, Councilmember DeCramer. The motion Carried. 6-0
Commission/Board Liaison Reports
Byrnes No Report
Schafer No Report
Meister No Report
Bayerkohler No Report
DeCramer No Report
Labat No Report
Councilmember Individual Items
Councilmember Schafer commented on an annual coyote hunt in Southwest Minnesota.
Councilmember Meister wanted to remind the citizens of Marshall to remove snow and ice from the sidewalks
in front of their homes.
Councilmember Labat wanted to remind citizens with fire hydrants on their property to keep them clear in
case of an emergency.
Councilmember DeCramer discussed the Administrative Report, specifically, the Detective’s report mentioning
scams.
Councilmember Bayerkohler commented that Ways and Means is continuing to meet on Special Assessments.
Member Bayerkohler also mentioned that in case of an emergency in Broadmoor Valley, services would be
provided to residents in that area.
City Council Meeting January 08, 2019 Minutes
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Mayor Byrnes provided discussion on 10 items he would like to address in 2019; City Hall Building Committee,
Commercial and Industrial Street assessment policy, Rental Code ordinance, Under 21 access to tobacco, 2020
Census Complete Count, 2022 Marshall 150th anniversary, Re-establish Community Leadership program, Form
a Diversity / inclusion /Workforce Development Council, strengthen accountability and outcome objectives
with MACC partnerships for over-site of EDA and CVB, Build on Healthy Community Goals including Bike
Friendly Community designation.
City Administrator
City Administrator Sharon Hanson discussed that the City Hall Committee would be meeting in January to
discuss recent developments with the project. Administrator Hanson also commented on the Community
Planning Department newsletter and commented on insurance ratings that are tied to building code and
inspections.
Director of Public Works
Director of Public Works/City Engineer commented on snow removal around fire hydrants as well as the
clearing of the cross walks which is the responsibility of the property owner.
City Attorney
No Report
Administrative Report
There were no questions regarding the Administrative Report.
Pending Items
There were no questions regarding the pending items.
Information Only
There were no questions on the information items.
Upcoming Meetings
There were no questions on the upcoming meetings.
Adjourn Meeting
At 8:18 P.M., Motion made by Councilmember Schafer, Seconded by Councilmember Meister to adjourn.
Voting Yea: Mayor Byrnes, Councilmember Labat, Councilmember Schafer, Councilmember Meister,
Councilmember Bayerkohler, Councilmember Decramer. The motion Carried. 6-0
______________________
Mayor
Attest:
___________________________
City Clerk
Agenda
CITY OF MARSHALL
CITY COUNCIL MEETING
AGENDA
Tuesday, January 08, 2019 at 5:30 PM
Professional Development Room - Marshall Middle School, 401 South
Saratoga Street
OPENING ITEMS
1. Call to Order/Pledge of Allegiance
2. Administration of the Oath of Office for New Councilmembers.
APPROVAL OF AGENDA
3. Approval of Agenda
APPROVAL OF MINUTES
4. Consider Approval of the Minutes
Consider approval of the minutes of the special meeting held on December 18, 2018
Consider approval of the minutes of the regular meeting held on December 18, 2018
PUBLIC HEARING
5 Conduct the public hearing for a home property tax abatement request and approve Resolution Number ____,
Second Series
Public Hearing regarding a home property tax abatement request.
Consideration of Resolution Number XXXX, Second Series, a resolution approving home property tax
abatement.
6. Commerce Industrial Park Second Addition Public Hearing, Approval of Preliminary Plat and Approval of
Resolution Number____, Second Series
Commerce Industrial Park Second Addition – Public Hearing on Preliminary Plat.
Commerce Industrial Park Second Addition – Approval of Preliminary Plat.
Commerce Industrial Park Second Addition – Consider Resolution Approving the Final Plat.
7. Conduct the Public Hearing on Amending Ordinance Sections and Adopt Ordinance Number_____, Second
Series.
Conduct Public Hearing on Ordinance Amending Sections 18-101 Installation, 86-71 Classes and
enumeration of districts, 86-97 R-1 One Family Residence District, 86-98 R-2 One- to Four-Family
Residence District, 86-99 R-3 Low to Medium Density, Multiple-Family Residence District, 86-100 R-4
Higher Density, Multiple-Family Residence District, 86-101 R-5 Manufactured Home Park District, and
86-165 Manufactured Homes.
Adoption of Ordinance Amending Sections 18-101 Installation, 86-71 Classes and enumeration of
districts, 86-97 R-1 One Family Residence District, 86-98 R-2 One- to Four-Family Residence District, 86-
99 R-3 Low to Medium Density, Multiple-Family Residence District, 86-100 R-4 Higher Density, Multiple-
Family Residence District, 86-101 R-5 Manufactured Home Park District, and 86-165 Manufactured
Homes.
Disclaimer: These agendas have been prepared to provide information regarding an upcoming meeting of the Common
Council of the City of Marshall. This document does not claim to be complete and is subject to change.
City Council Meeting January 08, 2019 Agenda
Page 2 of 3
AWARD OF BIDS
CONSENT AGENDA
8. Consider Resolution designating the Official Newspaper.
9. Consider Resolution designating the Official Depositories for City Funds for 2018.
10. Consider approval of 2019 Workers Compensation Insurance
11. Consider amendments to the Data Practices Policies
12. Consider authorization for the approval for SWMN CAT (Southwest Minnesota Chemical Assessment Team) to
apply for HMEP (Hazardous Materials Emergency Planning) grant funds from the State of Minnesota
Department of Homeland Security and Emergency Management (HSEM).
13. Consider LG220 Application for Exempt Permit for Holy Redeemer Church for March 23, 2019
14. Consider an application for an On-Sale Intoxicating Liquor License for Holy Redeemer Church for March 23, 2019
15. Consider an application for an On-Sale Intoxicating Liquor License for Marshall Convention and Visitors Bureau
for February 7, 2019
16. Consider resolution delegating authority to the city to make electronic fund transfers
17. Consider approval of resolution to authorize the Finance Director to pay certain claims
18. Consider approval of the bills/project payments
APPROVAL OF ITEMS PULLED FROM CONSENT
OLD BUSINESS
TABLED ITEM
NEW BUSINESS
19. Selection of City Council President Pro tempore by City Council.
20. Consider Mayoral Appointment for Councilmembers to Boards/Commissions and Committees.
21. Phase-1 Wastewater Treatment Improvements – Presentation by Bolton & Menk, Inc.
22. Lyon County Historical Society Museum
23. MERIT Center Driving Track - Phase 2: Approving Plans and Specifications and Order Advertisement for Bids.
24. Consideration for approval of Professional Services Proposal for Marshall Aquatic Center
25. Consider Approval of Resolutions Accepting Donations for the Parks Department
26. Request to Move Dwelling into Residential District at 312 Warsaw Circle.
27. Tax Abatement Policy - Final Draft
28. Change Order Authorization
29. Project Z66: Marguerite Avenue/South Bend Avenue Reconstruction Project Change Order No. 1, No. 2/Final Pay
Request No. 5
Project Z66: Marguerite Avenue/South Bend Avenue Reconstruction Project – Consider Change Order
No. 1.
Project Z66: Marguerite Avenue/South Bend Avenue Reconstruction Project – Consider Change Order
No. 2 (Final) and Acknowledgement of Final Pay Request No. 5.
COUNCIL REPORTS
30. Commission/Board Liaison Reports
31. Councilmember Individual Items
STAFF REPORTS
32. City Administrator
33. Director of Public Works
34. City Attorney
ADMINISTRATIVE REPORTS
Disclaimer: These agendas have been prepared to provide information regarding an upcoming meeting of the Common
Council of the City of Marshall. This document does not claim to be complete and is subject to change.
City Council Meeting January 08, 2019 Agenda
Page 3 of 3
35. Administrative Reports
INFORMATION ONLY
36. Information Only
ADJOURN TO CLOSED SESSION
MEETINGS
37. Upcoming Meetings
ADJOURN
38. Adjourn Meeting
Disclaimer: These agendas have been prepared to provide information regarding an upcoming meeting of the Common
Council of the City of Marshall. This document does not claim to be complete and is subject to change.
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