City Council Meeting

CITY COUNCIL MEETING MINUTES Tuesday, August 16, 2022 at 7:00 PM Baxter City Hall, 13190 Memorywood Drive, Baxter, MN “A Growing Community” CALL TO ORDER Mayor Olson called the meeting to order at 6:15 p.m. ROLL CALL Mayor Darrel Olson and Council Members Connie Lyscio, Zach Tabatt, and Mark Cross were present. Council Member John Ward was absent. City Administrator Brad Chapulis, Assistant City Administrator Kelly Steele, Community Development Director Josh Doty, Finance Director Jeremy Vacinek, Public Works Director Trevor Walter, and Police Chief Jim Exsted were present. PLEDGE OF ALLEGIANCE All joined Mayor Olson in reciting the Pledge of Allegiance. PRESENTATIONS ADDITIONS OR CHANGES TO THE AGENDA City Administrator Chapulis explained item 11 indicated the bid was for $184,500 and it should be corrected to the amount of $139,500 as reflected in the RCA; items 18, 19, 20 were updated with more current financial information for the improvement project; and addition of item 29, appointing Mr. Aaron Klein to the position of public works maintenance II. PUBLIC COMMENTS - Comments received from the public may be placed on a future meeting agenda for consideration. None. CONSENT AGENDA - The following items are considered non-controversial by staff and are recommended to be read and passed in one motion. Any council person, staff, citizen, or meeting attendee can request one or more items be pulled from the Consent Agenda and the item will be pulled and addressed immediately after the passage of the Consent Agenda; otherwise, the following items will be passed in one motion: 1. Approve City Council Minutes from August 3, 2022 2. Approve the Payment of Bills and Finance Report (Addendum A) 3. Accept Utilities Commission Minutes of August 4, 2022 4. Accept the Special Utilities Commission Minutes of August 10, 2022 5. Approve Four Leaf Holdings LLC Stormwater Facilities Maintenance Agreement 8/16/2022 City Council Meeting Minutes Page 2 6. Approve the RL Larson Excavating, Inc. Change Order No. 2 in the increased amount of $19,928.50 for the 2022 Foley Road, Isle Drive, and Forthun Road Improvements Project 7. Approve the RL Larson Excavating, Inc. Partial Pay Estimate No. 2 in the amount of $478,585.97 for the 2022 Foley Road, Isle Drive, and Forthun Road Improvements Project 8. Approve the Holden Electric Co., Inc. Final Pay Estimate No. 4 in the amount of $6,579.21 for the TH 210 Street Lighting Improvements 9. Approve the Anderson Brother Construction Company of Brainerd, LLC Change Order No. 3 in the increased amount of $11,413.47 for the 2022 Full Depth Reclamation & Reconstruction Improvements Project. 10. Approve the Anderson Brother Construction Company Partial Pay Estimate No. 3 in the amount of $282,139.62 for the 2022 Full Depth Reclamation & Reconstruction Improvements Project. 11. Accept the Tom’s Backhoe Service, Inc. bid in the amount of $139,500.00 for the Lift Station No. 16 Reconstruction Project and increase the revised project budget from $180,000 to $219,000 12. Accept the Quiet Zone Assessment 13. Adopt Resolution No. 2022-071 Relating to Parking Along Parkwood Drive 14. Adopt Ordinance No. 2022-011 Approving an Ordinance Amendment to the Right-of-Way Management Ordinance 15. Approve the Menard, Inc. Stormwater Facilities Maintenance Agreement for Lot 1, Block 1, MENARD THIRD ADDITION and Stormwater Facilities Maintenance Agreement Lot 1, Block 2, MENARD THIRD ADDITION 16. Approve temporary liquor license for a Brainerd Family YMCA event to be held at Camp Vanasek on September 17, 2022 17. Accept the 2022 PASER Street Ratings 18. Adopt Resolution No. 2022-072 Accepting the Bid from Anderson Brothers Construction in the amount of $2,127,824.08 for the 2022 TH 210/Inglewood Drive Road Improvement Project 19. Adopt Resolution No. Resolution No. 2022-073 Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessments for the 2022 TH 210/Inglewood Drive Road Improvement Project 20. Adopt Resolution No. 2022-074 Calling a Hearing on Proposed Assessments for the 2022 TH 210/Inglewood Drive Improvement Project 21. Approve Bolton and Menk Fee Amendment No. 6 in the Not to Exceed Amount of $209,702 for the 2022 Trunk Highway 210/Inglewood Drive Improvements and 2022 Foley Road, Isle Drive, and Forthun Road Improvements Projects 22. Authorize Staff to Advertise 1996 Ford L8000 Dump Truck with Snowplow and Salt/Sander Attachments on Minnesota Surplus Site. 8/16/2022 City Council Meeting Minutes Page 3 23. Approve 2022-2023 Contract for Chamber of Commerce Services 24. Accept Planning & Zoning Commission meeting minutes from August 10, 2022 25. Adopt Resolution 2022-066 approving a variance to the required 100-foot setback to Baxter Lake for property located at 4961 Oak Street. (City file 22-30) 26. Adopt Resolution 2022-067 approving variances to the required 30-foot bluff setback for property located at 12222 Camwood Trail. (City file 22-28) 27. Approve Appointments to the Seasonal Positions of Park Attendant and Public Works Maintenance and Approve Hourly Wage Adjustments For Current Seasonal Employees 28. Special Event Application for Lakes Country Triathlon August 28, 2022 29. Appoint Aaron Klein to the position of Public Works Maintenance II at Grade 5, Step 1 of the AFSCME Pay Grade and Step Schedule MOTION by Council Member Cross, seconded by Council Member Tabatt to approve the consent agenda as amended and with the clarification that item 28 is to approve the special event application. Motion carried unanimously. PULLED AGENDA ITEMS Council Member Tabatt asked to pull item 13. Council Member Tabatt inquired about on street parking on Parkwood Drive. Public Works Director Walter explained the west side was previously signed no parking, but due to increases in participation in the rec program, a lot of people are parking on the grass causing damage. MOTION by Council Member Tabatt, seconded by Council Member Cross to Adopt Resolution No. 2022-071 Relating to Parking Along Parkwood Drive. Motion unanimously carried. OTHER BUSINESS 30. Adopt Resolutions 2022-068 and 2022-069 approving a Preliminary and Final Plat to allow “Menard Third Addition”, Conditional Use Permits, and Variances for Menards located at 15236 Dellwood Drive and property located at the northeast corner of Whispering Woods Lane and Pearl Drive Community Development Director explained the applicant, Menards, is requesting approval for an expansion. The request includes consolidating two lots and subdividing another lot, a conditional use permit for a sales yard expansion, architectural requirements, front setback, and fence height. Just prior to the planning commission meeting, the applicant withdrew four variances. The planning commission recommended approval of the remaining applications, including the preliminary and final plat, three conditional use permits, variances to off-site parking standards, architectural requirements, front accessory structure setback, and fence height subject to the conditions and findings contained in the resolutions, with the addition of an added condition that no semi-trucks shall be parked on the site. 8/16/2022 City Council Meeting Minutes Page 4 A representative from Menards, Tyler Edwards, asked the council to withdraw the condition of a flashing crossing due to a limited number of vehicles and homes near the pedestrian crossing. The employee parking lot will have lighting. MOTION by Council Member Cross, seconded by Council Member Tabatt to Motion to Adopt Resolutions 2022-068 and 2022-069 approving a Preliminary and Final Plat to allow “Menard Third Addition”, Conditional Use Permits, and Variances for Menards located at 15236 Dellwood Drive and property located at the northeast corner of Whispering Woods Lane and Pearl Drive. Motion carried unanimously. 31. Vacate a drainage & utility easement on Lots 1 & 2, Block 1, Hadland Addition 1) PUBLIC HEARING at 7:00 p.m. or shortly thereafter 2) Adopt Resolution 2022-065 vacating a drainage & utility easement between 12591 & 12595 Isle Court Community Development Director Doty explained the applicant has submitted an administrative lot line adjustment application to relocate a portion of the lot line between lots 1 and 2, Block 1, Hadland Addition, 12591 and 12595 Isle Court. The Hadland Addition plat indicates a 5-foot wide drainage and utility easement on either side of the side lot line dividing the two lots. As part of the administrative lot line adjustment, the applicant needs to vacate a portion of the drainage and utility easement between the two affected lots in the location the lot line is being moved. The applicant is proposing to adjust the lot line to give 12591 Isle Court additional frontage on the lake to create a more desirable lot to sell. Mayor Olson opened the public hearing at 7:30 p.m. and closed the public hearing at 7:32:15 p.m. after hearing no comments from the public. MOTION Council Member Cross, seconded by Council Member Lyscio to Cross, Lyscio to Adopt Resolution 2022-065 vacating a drainage & utility easement between 12591 & 12595 Isle Court. Motion carried unanimously. COUNCIL COMMENTS 32. Connie Lyscio – Reminded everyone the Kwianis Kids Triathlon is upcoming. 33. Zach Tabatt – Received an email from a resident suggesting the city consider building a community center. 34. John Ward – Absent. 35. Mark Cross – Reminded motorists to watch out for motorcycles. 36. Darrel Olson – Thanked election judges for their work for the Primary Election; explained volunteers are needed for both triathlons; reminded the council of the Wings Financial ribbon cutting ceremony; and offered condolences to Council Member Lyscio for her loss. CITY ADMINISTRATOR'S REPORT City Administrator Chapulis reminded the council of the budget work session scheduled for August 30th at 6 p.m. CITY ATTORNEY'S REPORT 8/16/2022 City Council Meeting Minutes Page 5 None. ADJOURN MOTION by Council Member Tabatt, seconded by Council Member Lyscio to adjourn at 7:37 p.m. Motion unanimously carried. Approved by: Respectfully submitted, _____________________________ Darrel Olson Kelly Steele Mayor Assistant City Administrator