City Council Meeting

CITY COUNCIL MEETING MINUTES Tuesday, October 18, 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 7:00 p.m. ROLL CALL Mayor Darrel Olson and Council Members Connie Lyscio, John Ward, and Mark Cross were present. Council Member Zach Tabatt was absent. City Administrator Brad Chapulis, Assistant City Administrator Kelly Steele, Community Development Director Josh Doty, Finance Director Jeremy Vacinek, Parks and Trails Supervisor Alex Hondl, Police Chief Jim Exsted, and Public Works Director Trevor Walter 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 number 35 contains an amended resolution to reflect the bid results from the bond sale and the addition of item number 36 is to set the final interest rate for the 2022 special assessments. PUBLIC COMMENTS - Comments received from the public may be placed on a future meeting agenda for consideration. Donna Wambeke, executive director of H.A.R.T., summarized the operations of the shelter due to some issues recently raised. The shelter provides animal impound services for Baxter and eleven other communities. The shelter has existed for 35 years, and they are licensed for 48 dogs. The shelter is inspected annually by their licensing authority. At any given time, there can be up to ten dogs in the outdoor kennels for approximately ten minutes. H.A.R.T is governed by a board of directors. Brittney Nelson, H.A.R.T, explained the dogs are placed in the outdoor kennels while their indoor kennel is sanitized. The sanitation process takes about ten minutes. Council Member Ward thanked H.A.R.T. for their work. Judy Zahn, 15410 Dellwood Drive, explained the noise level from HART is problematic and needs to be resolved. 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: 10/18/2022 City Council Meeting Minutes Page 2 1. Approve City Council Work Session Minutes from October 4, 2022 2. Approve City Council Minutes from October 4, 2022 3. Approve the Payment of Bills and Finance Report (Addendum A) 4. Approve EDA Minutes from October 4, 2022 5. Approve the Transfer of Alcohol Funds for Purchase of Evidence Shelving 6. Approve the Transfer of Alcohol Funds to Purchase Aimpoint Sights 7. Approve the Transfer of Drug Funds for Purchase of Rifles 8. Accept Donation From BKC/Petrikat Fund for Dogs to K9 Program 9. Approve USICG (formerly Hildi Inc.) Contract to Provide a Required OPEB Actuarial Valuation Study in Conjunction with GASB 75 10. Elect Not to Waive the Monetary Limits on Municipal Tort Liability Established by State Statutes with the 2023 LMCIT Insurance Renewal 11. Accept Utilities Commission Minutes from October 5, 2022 12. Staff recommends approval of the HR Green, Inc Professional Services Agreement Amendment No. 2 in the amount of $7,380.00 for the Whiskey Creek Stormwater Project Phase 1: Predesign Site Investigation 13. Approve the RL Larson Excavating, Inc. Change Order No. 4 in the increased amount of $77,710.00 for the 2022 Foley Road, Isle Drive, and Forthun Road Improvements Project 14. Approve the Nelson Sanitation Quote for Sanitary and Storm Sewer Jetting & Televising for the 2023 Commercial and Residential Full Depth Reclamation Improvements Project 15. Approve the Anderson Brothers Construction Partial Pay Estimate No. 1 in the amount of $173,228.35 for the 2022 TH 210 and Inglewood Drive Improvements Project 16. Approve the RL Larson Excavating, Inc. Partial Pay Estimate No. 4 in the amount of $633,971.80 for the 2022 Foley Road, Isle Drive and Forthun Road Improvements Project 17. Approve the Anderson Brother Construction Company Partial Pay Estimate No. 5 in the amount of $106,378.49 for the 2022 Full Depth Reclamation & Reconstruction Improvements Project 18. Accept Nelson Sanitation & Rental, Inc. Sewer Cleaning and Televising Quote in the Amount of $11,625.00 for the 2023 Cypress Drive and Douglas Fir Drive Improvements Project 19. Accept Nelson Sanitation & Rental, Inc. Sewer Cleaning and Televising Quote in the Amount of $24,685.00 for the 2023 Knollwood Drive Improvements Project 20. Approve the Widseth Agreement for Professional Engineering Services for the Lift Station 13 Reconstruction in the Not to Exceed Amount of $13,500.00. 10/18/2022 City Council Meeting Minutes Page 3 21. Accept a $500 Donation from the Kiwanis Club for the 2022 Children’s Triathlon 22. Approve the Bill Ludenia Appraisals Inc. Contract in the amount of $3,500.00 for 2023 Cypress Drive and Douglas Fir Drive Improvements Project 23. Accept the Blaze Pizza Municipal Improvements as Outlined in the Development Agreement 24. Approve the Nelson Sanitation Quote in the amount of $24,685.00 for Sanitary and Storm Sewer Jetting & Televising for the 2023 Commercial and Residential Full Depth Reclamation Improvements Project 25. Authorize Contract Execution for Employee Dental Insurance Renewal with Delta Dental 26. Accept the Planning Commission meeting minutes from October 11, 2022 27. Approve the SEH Wetland Delineation Contract in the not to exceed amount of $6,900.00 for the 2023 Commercial and Residential Full Depth Reclamation Improvements Project. 28. Approve SEH Wetland Delineation Contract in the amount of $4,600.00 for the 2023 Cypress Drive and Douglas Fir Drive Improvements Project 29. Approve the 2022 – 2023 Annual Winter Trail & Pedestrian Ramp Closure 30. Approve 2023 Delayed Payment of Tax on Special Assessments for Applicants with Eligible Hardships 31. Adopt Resolution 2022-089 approving a Conditional Use Permit to allow a legally nonconforming structure on riparian lot to be enlarged for property located at 14380 Memorywood Drive 32. Adopt Resolution 2022-088 approving a Conditional Use Permit and a Variance to allow multi- entrance signage for property located at 13242 Berrywood Drive 33. Extend Limited Use Agreement with R.L. Larson Excavating to utilize County Tax Forfeit Parcel 40070575 as a storage area for the 2022 Foley Road, Isle Drive, and Forthun Road Improvement Project MOTION by Council Member Cross, seconded by Council Member Lyscio to approve the consent agenda as amended. Motion unanimously carried. PULLED AGENDA ITEMS OTHER BUSINESS 34. Vacate a drainage & utility easement on Lots 3 & 4, Block 2, Perch Lake Estates 1) PUBLIC HEARING at 7:00 p.m. or shortly thereafter 2) Adopt Resolution 2022-090 Vacating a Drainage & Utility Easement for 12948 Homestead Drive and the Vacant Lot to the West Community Development Director Doty explained the applicant has submitted an administrative lot consolidation application to consolidate lots 3 and 4, Perch Lake Estates. The Perch Lake Estates plat indicates a five-foot-wide drainage and utility easement on either side of the side lot line diving the 10/18/2022 City Council Meeting Minutes Page 4 two lots. As part of the administrative lot consolidation, the applicant needs to vacate the drainage and utility easements between the two lots. The applicant would like to consolidate the two lots to maximize the allowable garage space. Mayor Olson opened the public hearing at 7:20 p.m. and closed the public hearing at 7:20:30 p.m. after receiving no public comments. MOTION by Council Member Cross, seconded by Council Member Ward to adopt Resolution 2022- 090, Vacating a drainage and utility easement for 12948 Homestead Drive and the vacant lot to the west. Motion carried unanimously. 35. Adopt Resolution 2022-087, Approving the Issuance and Sale of $4,750,000 General Obligation Improvement Bonds, Series 2022 Finance Director Vacinek explained the bond sale, held earlier today, had six bidders for financing of the 2021 and 2022 improvement projects. Northland Securities, Inc. was the low bidder. The true interest rate is 3.4%. The city did receive a premium when the bonds were sold. This premium reduced the par amount of the bonds to $4,750,000. Staying under a $10 million bond issue continues to help the city with ratings. Moody’s Investors Services reaffirmed the city’s Aa3 rating. MOTION by Council Member Cross, seconded by Council Member Lyscio to adopt Resolution 2022- 087, Approving the Issuance and Sale of $4,750,000 General Obligation Improvement Bonds, Series 2022. Motion carried unanimously. 36. Adopt Resolution 2022-091, Setting the Final Special Assessment Interest Rate on the 2022 Improvements Finance Director Vacinek explained this agenda item is related to the actual bond sale for the 2022 project. The special assessment interest rate was estimated at 5% but due to the interest rate received for the bond sale, the special assessment interest rate can be reduced to 4.9%. MOTION by Council Member Ward, seconded by Council Member Lyscio to adopt Resolution 2022- 091, Setting the Final Special Assessment Interest Rate on the 2022 Improvements. Motion carried unanimously. COUNCIL COMMENTS 37. Connie Lyscio – No report. 38. Zach Tabatt – Absent. 39. John Ward – No report. 40. Mark Cross – No report. 41. Darrel Olson – No report. CITY ADMINISTRATOR'S REPORT City Administrator Chapulis explained the budget work session scheduled for November 9th conflicts with the Planning and Zoning Commission meeting. Due to the General Election, the Planning and Zoning Commission 10/18/2022 City Council Meeting Minutes Page 5 meeting had to be moved from Tuesday, November 8th to Wednesday, November 9th. The council could hold the budget work session on November 10th or during the regularly scheduled work session on November 15th. The council consensus is to hold the budget work session on November 15th. Frank Scherf, Minnesota Department of Public Safety-Office of Traffic Safety, NE MN Law Enforcement Liaison, presented Sergeant Taylor Halverson with a baseball bat, in partnership with the Minnesota Twins, for his work in DUI enforcement. CITY ATTORNEY'S REPORT No report. ADJOURN MOTION Council Member Cross, seconded by Council Member Tabatt to adjourn at 7:05 p.m. Motion unanimously carried. Approved by: Respectfully submitted, _____________________________ Darrel Olson Kelly Steele Mayor Assistant City Administrator