Galesville council approves project not listed on agenda

A special meeting of the Galesville city council has been called for this Thursday after the council voted to spend approximately $19,000 for a project not listed on the agenda. 

The council approved paying $18,860.80 to repair culverts along Campus Court, after a discussion that included the idea that property owners could be required to cover that cost. However, the topic was not listed on the agenda for that meeting so a special meeting has been called for 5 p.m. this Thursday to discuss and possibly take action again on the matter.

Council member Dave Carlson said the street and sidewalk committee met regarding a drainage problem along Campus Court last Wednesday but was unable to make a recommendation for the full council. Carlson said the committee had two estimates, one from Nelson Excavating to repair culverts for about $19,000 and another from city engineering firm Davy Engineering for a larger project that would cost close to $97,000.

Carlson said he didn’t think the city should pay for the work, adding the cost should either be covered by the contractor who originally installed the culverts and concrete or the property owners who live in the cul-de-sac. 

The council heard that the contractor was no longer in business, though the company he subcontracted the culvert work might be. 

“An option is to have the work done and try to go after the developer (for the costs),” Carlson said. “We could look at a special assessment and put part or all of that cost back to the property owners.” 

Council member Jesse Swing said he was in favor of fixing the culvert now and that it would be “reasonable” for property owners to cover the cost over 15 years. 

“(It’s) a small amount of money to protect your investment of your home,” Swing said.

Carlson responded that the excavation work might not fix the problem. 

“We sure as hell wouldn’t special assess people for something that doesn’t benefit them at all,” Carlson said. 

City Public Works Director Todd Peterson said the city could use fire hydrants to simulate a storm to see if the project works. 

The council voted unanimously to retain Nelson Excavating to do the work at a cost not to exceed $19,000 and refer the matter to the city attorney to see if the developer has any liability. The motion said money for the project was to come from city accounts, including American Rescue Plan Act funds. 

The vote may have to be redone because the topic was not listed on the agenda. The conversation came under an agenda item for committee reports, noting “Report on discussion and action taken on October 9, 2024.” State laws indicate that agenda items must be specific. 

State Statute 19.84 (2) states agenda topics must be posted “in such a form as is reasonably likely to apprise members of the public.” 

The Wisconsin Attorney General’s Open Meeting Compliance Guide says: “The use of a notice heading that merely refers to an earlier meeting of the governmental body without identifying any particular subject of discussion is so lacking in informational value that it almost certainly fails to give the public reasonable notice of what the governmental body intends to discuss.”      

(Editor’s note: Thursday’s special meeting was announced after the print edition of the Oct. 16 Times went to press.)