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City Council Meeting

Regular Meeting

Marshall, MN · January 8, 2019

AgendaPacketMinutes

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 City Council Meeting January 08, 2019 Minutes Page 2 of 11 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 Page 3 of 11 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 City Council Meeting January 08, 2019 Minutes Page 4 of 11 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 Page 5 of 11 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. City Council Meeting January 08, 2019 Minutes Page 6 of 11 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 Page 8 of 11 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 Page 9 of 11 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 Page 10 of 11 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 Page 11 of 11 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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