City Council Meeting

CITY OF MARSHALL CITY COUNCIL MEETING MINUTES Tuesday, April 22, 2025 The regular meeting of the Common Council of the City of Marshall was held April 22, 2025, at City Hall, 344 West Main 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, See Moua-Leske, John Alcorn, James Lozinski, Amanda Schwartz and Amanda Schroeder. Absent: None. Staff present included: Sharon Hanson; City Administrator; Robert Battey, standing in as City Attorney; Jason Anderson, Director of Public Works/ City Engineer; E.J. Moberg, Director of Administrative Services; Preston Stensrud, Park and Rec Supervisor; Scott Truedson, Wastewater Supervisor; Quentin Brunsvold, Fire Chief; Ilya Gutman, Plans Examiner; and Steven Anderson, City Clerk. Marshall Baseball Association Donation to Legion Field Improvements Stensrud wanted to thank the Marshall Baseball Association on behalf of the City of Marshall for their partnership and generous donations for improvements at Legion Field. Kelly Loft, as representative for the Marshall Baseball Association, described the various improvements throughout the years and said the eventual goal would be to win a state tournament bid and that the continued improvements to the ball field would hopefully increase the likelihood in the future. Consider Approval of the Minutes of the Meetings Held on April 8 and April 14 There were no amendments to the minutes. Motion made by Councilmember Schwartz, Seconded by Councilmember Lozinski to approve the minutes as presented. Voting Yea: Mayor Byrnes, Councilmember Alcorn, Councilmember Lozinski, Councilmember Moua-Leske, Councilmember Schafer, Councilmember Schroeder, Councilmember Schwartz. The motion Carried. 7-0. Project ST-012-2024: South Whitney Street Reconstruction Project (E College Dr to Jean Ave) - 1) Public Hearing on Assessment; 2) Consider Resolution Adopting Assessment Director Anderson opened the hearing by explaining that the project consisted of the reconstruction of sidewalk, roadways and utility replacement on South Whitney Street from East College Drive to Jean Avenue. All public utilities were replaced, including watermain, sanitary sewer, and storm sewer on South Whitney Street. Other items of work included in the project were pavement removal, aggregate base, bituminous surfacing, sidewalks, curb and gutter, and other minor work. The breakdown of the proposed project funding was broken down as follows:  Wastewater Fund $363,679  Marshall Municipal Utilities-Water $445,447  Surface Water Management Utility $306,126  City Participation (Ad Valorem) $472,163  Assessed to Property Owners $277,577 The costs included 16% for engineering and administrative costs, for a total project cost of $1,864,992. Per the finance department, the 2024A Bonding had a true interest cost of 3.07% for Street Improvements, plus 2%, resulting in a 5.07% interest rate for special assessments. The term of the assessment repayment was proposed by staff to be 8 years. The City had no formal written policy on the term but had followed an administrative past practice to generally match the assessment repayment to the bond repayment term. If the assessment was substantially higher in cases such as commercial assessments, it may be appropriate to increase the assessment repayment term. Alternatively, on smaller assessment projects consideration could be made to shorten the assessment term. One other item to note is that if additional principal is paid each year the interest is recalculated annually to address the payments. Therefore, there is no penalty for individuals to repay on a more accelerated schedule if they choose. Stephen Klein, 401 Charles Avenue, commented during the public hearing portion about his proposed assessment costs. Director  City Council Meeting April 22, 2025 Minutes Page 2 of 5 Anderson addressed the comments from Mr. Klein. Councilmember Schafer also commented on owner costs for sewer and maximum amounts for the street portion to be paid by homeowners. Mayor Byrnes mentioned a credit on the street portion of costs for property owners on a corner lot when there are multiple street projects. No further public comments were heard. Motion made by Councilmember Schafer, Seconded by Councilmember Schroeder to close the public hearing. Voting Yea: Mayor Byrnes, Councilmember Alcorn, Councilmember Lozinski, Councilmember Moua-Leske, Councilmember Schafer, Councilmember Schroeder, Councilmember Schwartz. The motion Carried. 7-0. Motion made by Councilmember Schafer, Seconded by Councilmember Moua-Leske to adopt Resolution 25-037 adopting the proposed assessments for Project St-012-2024: South Whitney Street Reconstruction Project. Voting Yea: Mayor Byrnes, Councilmember Alcorn, Councilmember Moua-Leske, Councilmember Schafer, Councilmember Schroeder, Councilmember Schwartz. Voting Abstaining: Councilmember Lozinski. The motion Carried. 6-0-1. Canoga Park Drive Manhole Refurbishing Wastewater Supervisor Scott Truedson described that the Wastewater Department continued to have the city’s worst sanitary manholes relined to stop hydrogen sulfide corrosion and the infiltration of ground water into the sanitary system. Two manholes, 9SE 45 and 10SW 20 located along Canoga Park Drive, had been identified as being structurally compromised and beyond simply relining. The manholes are 19’ and 16’ deep and were in an area with high groundwater. Replacement of the manholes would cost significantly more because of their depth. Quotes were received from Hydro-Klean, LLC to install HDPE liners with welded seams in both manholes for a total of $78,150. Approximately 6” of high strength concrete is poured between the HDPE liner and the existing manhole inside walls which would restore the structural integrity of the manhole. Unforeseen repairs due to groundwater infiltration could add additional time and material costs. Because of the added strength provided by the addition of the concrete, the wastewater staff recommended that the Council accept the quote from Hydro-Klean for $78,150. An alternate quote from Visu-Sewer for $78,160 was to install woven fiberglass saturated with a non-porous internal PVC membrane and an epoxy resin. Structural integrity would be gained from the hardened fiberglass shell. The Wastewater staff had previously used the Hydro-Klean solution for a few other manholes and found the product to be worthwhile. There was a budgeted amount of $90,000 for the project. Councilmember Schafer asked about there being four manholes listed on the Hydro-Klean quote but only two were being considered for council action. Truedson confirmed that there were four manholes that were in need to be refurbished but because of cost the worst two were selected. Motion made by Councilmember Schafer, Seconded by Councilmember Alcorn to accept the quote from Hydro-Klean in the amount of $78,150 for manholes 9SE 45 and 10SW 20. Voting Yea: Mayor Byrnes, Councilmember Alcorn, Councilmember Lozinski, Councilmember Moua-Leske, Councilmember Schafer, Councilmember Schroeder, Councilmember Schwartz. The motion Carried. 7-0. Approval of the Consent Agenda There were no requests to remove an item from the consent agenda for additional discussion. Motion made by Councilmember Lozinski, Seconded by Councilmember Schafer to approve the items on the consent agenda. Voting Yea: Mayor Byrnes, Councilmember Alcorn, Councilmember Lozinski, Councilmember Moua-Leske, Councilmember Schafer, Councilmember Schroeder, Councilmember Schwartz. The motion Carried. 7-0.  Consider Approval of a Raffle Permit for the Pride in the Tiger Foundation  Consider Approval of a Raffle Permit for the Marshall Area Fastpitch Softball Association  Vacation of Utility Easement in Carr Subdivision I -- Receive Petition for Vacation and Call for Public Hearing  Preliminary Plat of Carr Subdivision IV - Introduction of Preliminary Plat  Preliminary Plat of Hwy 23 Storage Addition - Introduction of Preliminary Plat  Preliminary Plat of Wilke-Miller-Buesing Sixth Addition - Introduction of Preliminary Plat  City Council Meeting April 22, 2025 Minutes Page 3 of 5  Introduce an Ordinance to Rezone the Property Located at 1301 Canoga Circle from B-3 to R-3  Introducing Amendments to Chapter 22-IV Mobile Food Units and Food Carts  Consider a Temporary Extension of Alcohol License Area for Atlantic Place  Consider a Temporary Extension of Alcohol License Area for The Gambler & Fuzzy’s  Approve Out-of-State Travel for Liquor Store Manager and Authorize Airfare to Attend the Beverage Alcohol Retailers Conference in Annapolis, Maryland  Approve Amendment to Farm Lease  Consider Approval of the Bills/Project Payments Project WW-046: Main Lift Station Renovation Project - Consider Bolton & Menk Proposal for Engineering Services The Main Lift station was located along Kossuth Avenue near Justice Park and was constructed in 1972. The Main Lift Station received sanitary sewer from approximately two-thirds (2/3) of Marshall’s area and roughly half of the city’s wastewater flow. In the 50 years of service the pumps were well-maintained and repaired many times due to normal use. The pumps are functional, but inefficient old technology and age means the pumps are coming to the end of their useful life. The project would remove and replace the existing pumps with four new pumps that are much more efficient. Some of the pipes and valves above the pumps would be replaced but most of the pipes and valves that are in the lift station would not need to be replaced. The electrical system in the lift station would need new cables and conduit to each pump. Ancillary structures south of the lift station included a manhole and a flow control structure that pass the sewer flows from the sanitary sewer trunk line to the lift station. These two structures would receive a protective lining (coating) with the project. There was also an additional lift station that was constructed in 1958 that became obsolete and would be removed or abandoned in place. The project was included in the 2026 Capital Improvement Plan and staff felt that getting the project designed and out to bid in late 2025 should lead to more favorable bids. Motion made by Councilmember Lozinski, Seconded by Councilmember Schafer to accept the bidding proposal from Bolton & Menk to prepare bidding documents for the Main Lift Renovation Project on an hourly basis and a not-to- exceed amount of $47,000. Voting Yea: Mayor Byrnes, Councilmember Alcorn, Councilmember Lozinski, Councilmember Moua-Leske, Councilmember Schafer, Councilmember Schroeder, Councilmember Schwartz. The motion Carried. 7-0. 2025-2028 Township Fire Services Agreements Clerk Anderson said that on January 23, 2025, city staff, two councilmembers, two Lyon County commissioners and representatives from the contracted townships met to review the terms and amounts of the annual service agreement. The original formula to determine the service charge for each of the townships was based on the formula recommended by the Minnesota Township Association. The formula used factors such as the number of service calls and population of the township to create an equitable distribution of operational costs of the fire department to the townships. After numerous meetings city staff and township representatives discussed and reached mutually acceptable terms in March. The Fire Services provided by the Marshall Fire Department would remain largely unchanged. The services include the deployment of firefighting personnel and equipment to extinguish a fire or perform any preventative measure to protect equipment, life or property in an area threatened by fire. The agreement also included the deployment of firefighting personnel and equipment to provide rescue, extrication, and other services related to fire and rescue that may occasionally occur. Along with the services provided the agreement was amended to be a three-year contract term instead of annual and would include an annual review of the services provided. Motion made by Councilmember Schafer, Seconded by Councilmember Alcorn to approve the 2025-2025 Township Fire Service Agreements. Voting Yea: Mayor Byrnes, Councilmember Alcorn, Councilmember Lozinski, Councilmember Moua-Leske, Councilmember Schafer, Councilmember Schroeder, Councilmember Schwartz. The motion Carried. 7-0.  City Council Meeting April 22, 2025 Minutes Page 4 of 5 Consider Resolution Amending the Special Assessment Policy (Alley Reconstruction Methodology and Cost Split (Special Assessment Policy - III. Specific Policies, Item T-Alleys) The City of Marshall has many alleys that are not paved or have pavements that are in very poor condition. Aside from downtown areas, many alleys that are paved are a bituminous surface. In areas where alleys do exist, they are often used for driveway access and garbage/recycling pick-up. Alleys in commercial areas of the city are oftentimes used for regular customer access to businesses. City staff were often approached by property owners who desired an improvement to their alleyway. The current Special Assessment Policy required that the costs of alley improvements to be borne entirely by benefiting property owners. The cost of covering the improvement was the most common deterrent to getting an alley project completed. City staff believed that there would be a benefit to the City if alleys are paved and in good condition. Gravel alleyways require more maintenance than a paved alley. Further, alleys paved with concrete have a longer lifespan with less maintenance, and concrete was much easier to install with an inversion to carry stormwater drainage to an acceptable location. City staff would like consideration for City cost participation in an alley improvement project, with a preference for the alley to be constructed with a concrete surface and to a minimum standard as developed and approved by the City Engineering Department. Director Anderson mentioned that the policy amendment recommendation was brought to the Public Improvement Transportation Committee, Legislative and Ordinance Committee and the Ways and Means Committee to review. The Legislative and Ordinance Committee recommended that cost participation be split 75/25 in residential alleys and 50/50 cost participation in commercial districts but at least 65 percent of abutting property owners for either residential or commercial must sign a petition to initiate an alley project. The Ways and Means Committee agreed to the 75/25 and 50/50 cost participation but bumped the petition requirement up to 75 percent of abutting property owners and city funding would only occur if/when funds become available in the Capital Improvement Plan. Councilmembers Schafer remarked that he was glad that these changes were being presented, and Administrator Hanson clarified that a petition requesting a project may come forth, but it was still dependent on the city having funding available to do the project. If property owners wanted to do the project as 100 percent owner assessed, then it could still occur. Motion made by Councilmember Schafer, Seconded by Councilmember Moua-Leske to adopt Resolution 25-038 amending the Special Assessment Policy to allow for up to 50 percent City cost participation in the cost of an alley resurfacing project in commercial districts; to allow up to 25 percent City cost participation in residential districts; city participation in a petitioned alley project requires a valid petition submitted by the owners of not less than 75 percent in frontage of the real property abutting the alley(s) named in the petition; and to amend the 2025 Fee Schedule to reflect the revisions. Voting Yea: Mayor Byrnes, Councilmember Alcorn, Councilmember Lozinski, Councilmember Moua-Leske, Councilmember Schafer, Councilmember Schroeder, Councilmember Schwartz. The motion Carried. 7-0. Commission/Board Liaison Reports Byrnes No report. Alcorn No report. Lozinski MMU received their annual audit and the search continues to replace the General Manager. Moua-Leske CVB would continue working with the Fairbanks Ice Dogs and the Marshall Radio Home Show had 2,158 people attend. The Adult Community Center partnered with The Gambler to provide 25 low-cost meals to members and a couple of the area businesses have also helped by sponsoring meals to further reduce costs for the community center members. Schafer No report.  City Council Meeting April 22, 2025 Minutes Page 5 of 5 Schroeder Planning Commission held the public hearings for all the plats listed in the consent agenda. Dave Parson, City Assessor, presented to the EDA about taxes and how the assessing process works. Schwartz No report. Councilmember Individual Items Councilmember Lozinski asked citizens to be aware of pedestrians and little kids. The weather was warming up and people would be out and about again. Councilmember Moua-Leske attended the Hmong National Development Conference in Minneapolis. Councilmember Schafer asked citizens to pick up after their animals. Councilmember Alcorn had concerns from a citizen about animals as well and whether citizens were allowed to put up signs regarding animal clean-up on their property. Mayor Byrnes mentioned that the City of Marshall had three proposals in the Legislature. One was for the use of unallocated TIF funds, the second was for legacy funding for the bandshell, and the last proposal was for an expansion at the MERIT Center. City Administrator The police department received concerns from the school district regarding school zones and began increased enforcement during peak times at these locations. Director of Public Works/City Engineer Bid opening was to occur on May 1 for a chain fence replacement at the culvert crossing on Fourth Street and W Marshall Street and chip sealing. Highway 19 reconstruction project would be completed in phases starting in May with W College Drive. The Snow Removal Equipment building at the airport was close to completion and was anticipated to be completed in July. City Attorney No report. Information Only There were no questions about the Information Only items. Upcoming Meetings There were no questions or comments about the Upcoming Meetings. Adjournment At 6:24 PM Motion made by Councilmember Schwartz, Seconded by Councilmember Schroeder to adjourn the meeting. Voting Yea: Mayor Byrnes, Councilmember Alcorn, Councilmember Lozinski, Councilmember Moua-Leske, Councilmember Schafer, Councilmember Schroeder, Councilmember Schwartz. The motion Carried. 7-0. Attest: _________________________ _________________________ City Clerk Mayor