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									                                                                         November 23, 2009
                                                                           Regular Meeting

                                CITY OF MADISON
                              OFFICIAL PROCEEDINGS

                 MINUTES OF THE MADISON CITY COUNCIL
                          REGULAR MEETING
                          NOVEMBER 23, 2009

Pursuant to due call and notice thereof, a regular meeting of the Madison City Council was
called to order by Acting Mayor Maynard Meyer on Monday, November 23, 2009, at 5:35 p.m.
in Council Chambers at City Hall. Councilmembers present were: Tim Volk, Mayor Greg
Thole (arrived at 5:45 p.m.), Maynard Meyer, Paul Zahrbock, and Rick Gail. Also present were:
City Manager Matt Skaret, Assistant City Attorney Mark Gruenes, Public Works/Utilities Supt.
Harold Hodge, and City Clerk Kathleen Weber.

AGENDA

Upon motion by Volk and carried, the Agenda was approved as amended. Additions to the
agenda include library furniture and electric rate adjustment public hearing. All agenda items are
hereby placed on the table for discussion.

MINUTES

Upon motion by Volk and carried, minutes of the November 9, 2009, meeting were approved as
presented.

PUBLIC PETITIONS, REQUESTS, HEARINGS, AND COMMUNICATIONS

At this time, Brian Bergerson approached Council to request that he be allowed to combine two
adjoining lots he owns on 1st Avenue in order to avoid a separate Infrastructure Project special
assessment of $3,325 on each lot. Bergerson noted that he had gone to the Lac qui Parle County
Courthouse on November 16th to combine the parcels but was informed that his request was
made too late.

Councilmember Volk informed Bergerson that a public hearing had been held on October 26th at
which time all parcel combinations and objections were to be presented to the City Council. The
final special assessment roll was then adopted at the November 9th, 2009, meeting. Volk also
stated that the Council followed protocol on the special assessment process and acted on those
objections that were presented in a timely manner.

Councilmember Meyer noted that it is not a matter of “whether” the Council would approve this
request, but rather a matter of “can” the Council approve this request in accordance with MN
State Statutes. City Manager Skaret noted that he is not aware of any law that allows the special
assessment roll to be revised after adoption. City Attorney Gruenes noted that he would have to
research this matter prior to providing a legal opinion.




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                                                                          November 23, 2009
                                                                            Regular Meeting

Councilmember Zahrbock noted that Bryan Arneson discussed this same issue with him.

Councilmember Gail noted that the Council has to be careful with these requests as there was a
time frame established.

After further discussion, it was determined that Assistant City Attorney Gruenes, City Manager
Skaret, and City Engineer Helstrom should research the law as it relates to this request. A
response should be sent to Brian Bergerson and Bryan Arneson once this matter is looked into.

CONSENT AGENDA

Upon motion by Zahrbock and carried, the Consent Agenda was approved as presented.

INFRASTRUCTURE REPLACEMENT PROJECT PAY REQUESTS

Upon motion by Volk and carried, Council approved Pay Application No. 6 for Phase I, Phase II,
Phase III, and S.A.P. 37-804-002 and Pay Application No. 5 for Phase III in the following
amounts:

       Phase I        R.L. Larson Excavating                       $345,112.48
       Phase II       Kuechle Underground                           377,504.31
       Phase III      R.L. Larson Excavating                         90,779.65
       S.A.P.         Kuechle Underground                            14,456.94
                                                                  $ 827,853.38

Upon motion by Volk and carried, Council approved payment to Bolton & Menk, Inc., for
project engineering services for October, 2009, in the amount of $90,130.00.

Upon motion by Gail and carried, Council approved payment to Braun Intertec of Minneapolis,
Minnesota, for construction materials testing through October 30, 2009, in the amount of
$10,768.68.

The above payments are all contingent upon USDA Rural Development concurrence.

Upon motion by Volk and carried, Council approved payment to Bolton & Menk, Inc., for
private utility construction engineering services for October, 2009, in the amount of $627.50.

INFRASTRUCTURE REPLACEMENT PROJECT UPDATE

City Engineer Helstrom provided Council with an update on the status of each of the three
phases of the Infrastructure Replacement Project. City Engineer Helstrom noted that the
contractors will make an effort to get a good base and gravel on roads that will not have asphalt
on them before winter. Also, all driveways and sidewalks not completed will have Aggregate
Base CL 5 installed.




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                                                                          November 23, 2009
                                                                            Regular Meeting

Councilmember Volk noted that Park Avenue was one of the first streets tore up, and it still
doesn’t have blacktop. City Engineer Helstrom indicated that the contractors used Park Avenue
as a “haul road” in order to protect other streets from damage.

Councilmember Gail asked about snow removal this winter. City Engineer Helstrom said that
this needs to be discussed with Council. It was felt that the City would be able to do the plowing
in the winter, but problems may arise with the spring thaw; and it may become necessary to put
up road blocks and detour traffic.

Councilmember Gail questioned the status of project financing. City Engineer Helstrom noted
that he does not have strong numbers in Phase I, but Phase II is doing very good. He noted that
some savings in all three phases will offset cost overruns in subgrade cutting and filling. Mayor
Thole requested City Engineer Helstrom to review project costs more thoroughly over the next
month as the Council still has some decisions to make.

Council discussed the condition of some of the City’s street signs and noted that new signs
should replace any that are damaged or in bad shape.

OUTDOOR WOOD BURNERS

The issue of outdoor wood burners was again discussed. Councilmember Meyer stated that
outdoor wood burners are not intended for close proximity. Councilmember Gail noted that a
commercial wood burner should have never been allowed downtown. After further discussion,
Ordinance No. 367 titled “An Ordinance prohibiting the burning of exterior solid fuels in the
City of Madison, Minnesota” was adopted. Council noted that this ordinance would prohibit
outdoor wood burners from being used within the city limits. This ordinance would not prohibit
the use of interior wood burners, fireplaces, or recreational fire pits.
PRAIRIE ARTS CENTER TUCKPOINTING

City Manager Skaret informed Council that ProTec Roofing did not make previously approved
repairs to the bell tower roof of the Prairie Arts Center Building due to the fact that there are
large cracks in the joints of the mortar at the top of the bell tower which should be addressed
prior to roof repairs. Some bricks have been found laying on the ground. Council suggested that
Manager Skaret contact Roger Sis from Rosen, Minnesota, in regard to an estimate in
tuckpointing the Prairie Arts Center. Council will be updated on this matter.

(Mayor Thole left the meeting at 6:55 p.m.)

FLEET SAFETY POLICY

City Manager Skaret informed Council that a recent visit from a League of MN Cities Insurance
Trust loss representative resulted in the creation of a draft Fleet Safety Program for the City of
Madison. The policy would specify what is expected of employees for safe driving and
appropriate operation and maintenance of city vehicles. Council was presented with the draft
policy for their review and discussion at the next meeting.



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                                                                         November 23, 2009
                                                                           Regular Meeting




2010 BUDGET UPDATE

City Manager Skaret informed Council that the State of Minnesota’s budget situation continues
to be bleak and will more than likely have current and future impacts on the level of funding the
City will receive in Local Government Aid (“LGA”). Madison’s General Fund relies heavily on
this state funding for its operations with Skaret noting that the City needs to be prepared for
reductions in LGA, and that tough decisions will need to be made.

Regarding the City’s 2010 budget, not many changes have been made since the last budget
update. Skaret noted that the Council may want to consider using Liquor Store profits from the
past two years to make a transfer to the General Fund. A $10,000 transfer would reduce the
proposed property tax increase from 7.9% to 6%.

GEMINI RESCUE AND KENNELS

Upon motion by Zahrbock and carried, Council authorized execution of a Memorandum of
Understanding between the City of Madison and Jennifer Wold, dba Gemini Rescue and
Kennels, for the provision of dog pound services for the City of Madison during 2010 and 2011.
The City will make an annual contribution of $500 to Gemini Rescue and Kennels in exchange
for these services.

TEMPORARY ON-SALE LIQUOR LICENSE

Upon motion by Gail and carried, Council approved the issuance of a Temporary Liquor License
to the VFW Post 1656 for the Lac qui Parle County American Legion 40 & 8 to be held on
Sunday, December 6, 2009.

LIBRARY CHAIRS

Upon motion by Zahrbock and carried, Council approved the purchase of 13 chairs from Bennett
Office Technologies at a cost of $7,185.00 for the Madison Public Library. Council noted that
library reserve funds from donations/memorials will be used for this purchase.

ELECTRIC UTILITY RATE ADJUSTMENT PUBLIC HEARING

Upon motion by Meyer and carried, Council set a public hearing in regard to the proposed
adjustment of electric utility rates for Monday, December 14, 2009, at 5:30 p.m.

DISBURSEMENTS

Upon motion by Volk and carried, Council approved disbursements for bills submitted between
November 10th and November 23rd, 2009. These disbursements include United Prairie Check
Nos. 47327-47426. Councilmember Gail abstained from the vote on payments to The Western
Guard in the amount of $864.36.



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                                                                       November 23, 2009
                                                                         Regular Meeting



There being no further business, upon motion by Volk and carried, meeting adjourned at 7:05
p.m.



                                           _________________________________
                                           Greg Thole – Mayor
ATTEST:


_____________________________
Kathleen Weber – City Clerk




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