City Council Meeting

CITY COUNCIL MEETING MINUTES Tuesday, December 20, 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 7:01 p.m. ROLL CALL Mayor Darrel Olson and Council Members Connie Lyscio, Zach Tabatt, and Mark Cross were present. 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. PLEDGE OF ALLEGIANCE All joined Mayor Olson in reciting the Pledge of Allegiance. PRESENTATIONS None. ADDITIONS OR CHANGES TO THE AGENDA None. 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 Special Minutes from December 1, 2022 2. Approve City Council Special Minutes from December 5, 2022 3. Approve City Council Work Session Minutes from December 6, 2022 4. Approve City Council Minutes from December 6, 2022 5. Approve the Payment of Bills and Finance Report (Addendum A) 6. Adopt Resolution 2022-114, Establishing Polling Places 7. Approve 2023 Meeting Calendar for City Council and Commissions 12/20/2022 City Council Meeting Minutes Page 2 8. Appoint Michael Lyscio to the position of Parks and Trails Maintenance at Grade 3, Step 2 of the AFSCME Pay Grade and Step Schedule 9. Approve Appointments to the Seasonal Position of Warming House Attendant 10. Accept the Utilities Commission Minutes from December 7, 2022 11. Approve the Knife River Corporation Development Agreement 12. Approve the Knife River Corporation Limited Use Agreement 13. Approve the Knife River Corporation Stormwater Facilities Maintenance Agreement 14. Accept the Simonson Lumber Municipal Improvements as per the Development Agreement 15. Approve the RL Larson Excavating, Inc. Change Order No. 6 in the increased amount of $86,985.05 for the 2022 Foley Road, Isle Drive, and Forthun Road Improvements Project, 16. Approve the RL Larson Excavating, Inc. Partial Pay Estimate No. 6 in the amount of $373,822.73 for the 2022 Foley Road, Isle Drive, and Forthun Road Improvements Project 17. Approve the Anderson Brothers Construction Partial Pay Estimate No. 3 in the amount of $1,979.09 for the 2022-23 TH 210 and Inglewood Drive Improvements Project 18. Approve the BNSF Invoice 90244986 in the amount of $133,926.87 for the 2022 TH 210 and Inglewood Drive Improvements Project. 19. Approve the BNSF Invoice 90244560 in the amount of $88,797.23 for the 2022 TH 210 and Inglewood Drive Improvements Project, 20. Approve SEH Right of Way Acquisition Support Contract in the Not to Exceed Amount of $10,000.00 for the 2023 Cypress Drive and Douglas Fir Drive Improvements Project 21. Adopt Resolution 2022-109 Approving Plans & Specifications and Ordering Advertisement for Bids for the 2023 Cypress Drive and Douglas Fir Drive Improvements Project 22. Accept the 2022 CSAH 48 Corridor Study Report, CSAH 48 at Cypress Drive ICE Report and CSAH 48 at Forestview Drive ICE Report 23. Approve the Widseth Professional Services Fee Amendment in the amount of $70,930.21 and increase the project budget from $1,290,860.53 to $1,391,889.98 for the 2022 Full Depth Reclamation & Reconstruction Improvements Project 24. Approve the Anderson Brother Construction Company Partial Pay Estimate No. 7 in the amount of $65,761.47 for the 2022 Full Depth Reclamation & Reconstruction Improvements Project, 25. Approve Increasing the Project Budget from $162,950 to $166,350 for the Water Interconnect Building Improvements and Submit Final Costs as Part of the Water Treatment Plant Insurance Claim. 26. Adopt Resolution No. 2022-110 Relating to Parking Restrictions on Cypress Drive from Highland Scenic Road to College Road, In the City of Baxter, Minnesota 27. 12/20/2022 City Council Meeting Minutes Page 3 Adopt Resolution 2022-112 Approving Agency Delegation Contracting Process Agreement Between the City of Baxter and MnDOT 28. Approve and Authorize Execution of a 3-Year Contract with Lakes Area Wildlife Control for Animal Control Services 29. Adopt Resolution 22-111 approving variances for garage and driveway setback for existing improvements. 30. Accept the December 13, 2022 Planning Commission Meeting Minutes 31. Approve the Engagement Letter with BerganKDV for the City’s 2022 Audit 32. Approve JT Services of MN Contract for street light poles for 2023 Cypress Drive and Douglas Fir Drive Improvements Project in the not to exceed amount of $78,300.00 33. Approve and Authorize Execution of Prosecution Services Agreement 34. Accept a $3,000 Donation from the Brainerd Baxter Baseball Association for the 2022 Baseball Tournaments MOTION by Council Member Cross, seconded by Council Member Tabatt approve the Consent Agenda. Motion carried unanimously. PULLED AGENDA ITEMS Council Member Lyscio asked to pull item 8, Appoint Michael Lyscio to the position of Parks and Trails Maintenance at Grade 3, Step 2 of the AFSCME Pay Grade and Step Schedule, to abstain from the vote. MOTION by Council Member Cross, seconded by Council Member Tabatt to Appoint Michael Lyscio to the position of Parks and Trails Maintenance at Grade 3, Step 2 of the AFSCME Pay Grade and Step Schedule. Motion carried with Mayor Olson, and Council Members Tabatt and Cross voting yes and Council Member Lyscio abstaining. OTHER BUSINESS 35. Approve Resolution 2022-113 Ordering Improvement and Preparation of Plans for the 2023 Commercial and Residential Full Depth Reclamation Improvements and Quiet Zone Improvements project The council consensus is to pull the Joler Road segment from the improvement project and bid Oakwood, Forest, and Fox as an alternate. MOTION by Council Member Lyscio, seconded by Council Member Tabatt to Approve Resolution 2022-113 Ordering Improvement and Preparation of Plans for the 2023 Commercial and Residential Full Depth Reclamation Improvements and Quiet Zone Improvements project. Motion carried unanimously. COUNCIL COMMENTS 36. Connie Lyscio – Wished everyone a Merry Christmas. 12/20/2022 City Council Meeting Minutes Page 4 37. Zach Tabatt – Nex year Council Member Tabatt would like the council to discuss mixed use development, such along highway 371, and remove the zoning requirement for such use; and consider asking the state for funding for a new city hall with a mixed-use housing complex. 38. Vacant Seat. 39. Mark Cross – Wished everyone a Merry Christmas and a Happy New Year and thanked Council Member Lyscio for her work on the annual holiday light contest. 40. Darrel Olson – Thanked Council Member Lyscio for conducting the annual holiday light contest, wished everyone happy holidays, thanked employees for working on the holidays, and wished City Administrator Chapulis a belated happy birthday. CITY ADMINISTRATOR'S REPORT City Administrator Chapulis wished everyone happy holidays and asked the council to enter a closed session for the two items identified on the agenda. MOTION by Council Member Cross, seconded by Council Member Lyscio to enter a closed session at 7:15 p.m. for the items identified on the agenda. Motion carried unanimously. CITY ATTORNEY'S REPORT 41. Closed Session Under Minnesota Statute 13D.05, subd. 3 (c), Purchase of Property: PID 40170508 42. Closed Session – Minnesota Statute 13D.03, Labor Negotiations MOTION by Council Member Cross, seconded by Council Member Lyscio to return to an open session at 7:39 p.m. Motion carried unanimously. MOTION by Council Member Cross, seconded by Council Member Lyscio to direct staff to make an offer to acquire an easement for PID 40170508. Motion carried unanimously. ADJOURN MOTION by Council Member Cross, seconded by Council Member Lyscio to adjourn at 7:40 p.m. Motion unanimously carried. Approved by: Respectfully submitted, _____________________________ Darrel Olson Kelly Steele Mayor Assistant City Administrator