City Council Meeting

.21 CITY COUNCIL MEETING MINUTES Tuesday, January 17, 2023 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, Zach Tabatt, and Mark Cross were present. City Administrator Brad Chapulis, Assistant City Administrator Kelly Steele, Police Chief Jim Exsted, Finance Director Jeremy Vacinek, and Community Development Director Josh Doty were present. PLEDGE OF ALLEGIANCE All joined Mayor Olson in reciting the Pledge of Allegiance. PRESENTATIONS None. ADDITIONS OR CHANGES TO THE AGENDA City Administrator Chapulis asked the council to amend agenda item #15 to the actual cost of $32,500 to hire Bill Ludenia Appraisals Inc. to complete eleven appraisals. 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 Work Session Minutes from January 3, 2023 2. Approve City Council Minutes from January 3, 2023 3. Approve the Payment of Bills and Finance Report (Addendums A and A-1) 4. Approve Providing Compensation to Assistant Police Chief Matthew Maier for his Residual Accrued Comp Time Balance 5. Accept the Utilities Commission Minutes from January 4, 2023 1/17/2023 City Council Meeting Minutes Page 2 6. Approve the Anderson Brothers Construction Partial Pay Estimate No. 4 in the amount of $221,825.00 for the 2022 TH 210 and Inglewood Drive Railroad Crossing Improvements Project 7. Approve the BNSF Invoice 90245663 in the amount of $37,585.93 for the 2022 TH 210 and Inglewood Drive Railroad Crossing Improvements Project 8. Approve the BNSF Invoice 90246233 in the amount of $3,724.24 for the 2022 TH 210 and Inglewood Drive Railroad Crossing Improvement Project 9. Approve the Tom’s Backhoe Inc. Change Order No. 1 in the increased amount of $500.00 for the Lift Station No. 16 Reconstruction Project and Increase the Project Budget from $218,740.00 to $219,240.00 10. Approve the Tom’s Backhoe Services Partial Pay Estimate No. 2 in the amount of $13,115.00 for the Lift Station 16 Reconstruction Project 11. Approve the Widseth Agreement for Professional Engineering Services for the Evergreen Drive Feasibility Report in the Not to Exceed Amount of $12,500.00. 12. Authorize Execution of Annual Advertising Contract with the Brainerd Dispatch 13. Accept the Planning and Zoning Commission Meeting Minutes from January 10, 2023 14. Adopt Resolution 2023-008 approving the Preliminary and Final Plat to allow “Second Addition to City Center of Baxter” 15. Approve Bill Ludenia Appraisals Inc. Contract for the 2023 Commercial and Residential Full Depth Reclamation Improvements and Quiet Zone Improvements project in the Not to Exceed Amount of $32,500.00 16. Adopt 2023 Mileage Reimbursement Rate of 65.5 Cents per Mile per IRS Regulations MOTION by Council Member Cross, seconded by Council Member Tabatt to approve the Consent Agenda as amended. Motion carried unanimously. PULLED AGENDA ITEMS OTHER BUSINESS 17. Adopt Resolutions 2023-005, 2023-006, 2023-007 and Ordinances 2023-001 and 2023-005 approving a solar array for Brainerd Public Utilities located at 7933 Highland Scenic Road Community Development Director Doty explained the applicant is requesting approval of the following items for their 95.35 acre site located at 7933 Highland Scenic Road.  Ordinance amendment to rezone the property from OS Office Service and R-1 Low Density Residential to PB Public Benefit and amend Title 10 of the code to allow solar array as a conditional use in the PB zoning district.  Preliminary and final plat to allow Brainerd Public Utilities to consolidate three lots into one lot.  Conditional use permits to allow a solar array and grading in the shoreland overlay district. 1/17/2023 City Council Meeting Minutes Page 3 The applicant is proposing to construct a solar array on approximately seven acres of the south-central portion of their property. The solar panels would be ground mounted rows and they would rotate throughout the day. The panels would vary between 9’6” and 12’ in height. Electrical cables would be located underground. The seven-acre site would be planted with drought tolerant grass. The site would be secured with a 6’ chain link fence. To construct the solar panels, the site would be cleared of trees and graded using soil present on site. The site does not need to be flat, but the higher slopes would be smoothed by cutting high areas and filling low areas so the panels can be positioned in rows. The existing conditional use permit on file for the BPU property would remain in effect except as amended with the proposed conditional use permits. The Planning and Zoning Commission has recommended approval of the request, subject to the findings and conditions in the resolutions and ordinance, and to the following amendments: 1. A setback of 200 feet from all neighboring principal structures or 150 feet from property lines, whichever is the lesser requirement. 2. Require work in the forested areas of the property shall be completed annually without machinery to prevent damage to the forest and related understory. 3. Require a buffer maintenance plan. 4. Restrict access east of the PB zoned portion of the site and restrict access south of the site, except for the existing access in the southwest corner of the site. The applicant did not have any comments or questions. Council Member Cross asked to take action on each item separately. MOTION by Council Member Cross, seconded by Council Member Lyscio to adopt Resolution 2023-006, Approving a Preliminary and Final Plat for Brainerd Public Utilities for Property Located at 7933 Highland Scenic Road. Motion carried unanimously. MOTION by Council Member Cross, seconded by Mayor Olson to adopt Ordinance 2023-XXX and Summary Ordinance 2023-005, Amending the Text of Title 10 of the Baxter City Code entitled Baxter Zoning Regulations for the re-zoning of the property only, not the text amendments. Council Member Lyscio and Cross and Mayor Olson voting yes and Council Member Tabatt voting no. Ordinance 2023-XXX passed and Summary Ordinance 2023-005 failed. MOTION by Council Member Cross to deny the zoning ordinance amendments to the Public Benefit district. Motion died for lack of a second. MOTION by Council Member Tabatt, seconded by Council Member Lyscio to approve the zoning ordinance amendments to the Public Benefit District. Council Member Cross stated the solar array is an industrial use and should be located in an industrial area and this was the intent of the Planning and Zoning Commission. Motion carried with Council Members Tabatt and Lyscio and Mayor Olson voting yes and Council Member Cross voting no. MOTION by Council Member Lyscio, seconded by Council Member Tabatt to Adopt Resolution 2023-007, Approving Conditional Use Permits for a Solar Array at Brainerd Public Utilities, located at 7933 Highland Scenic Road. Motion carried with Council Members Tabatt and Lyscio and Mayor Olson voting yes. Council Member Cross abstained. 1/17/2023 City Council Meeting Minutes Page 4 MOTION by Council Member Tabatt, seconded by Council Member Lyscio to Adopt Resolution 2023-005, Approving Finding of Fact for an Ordinance Amending the Text of Title 10 of the Baxter City Code. Motion carried with Council Members Tabatt and Lyscio and Mayor Olson voting yes. Council Member Cross abstained. 18. Vacate a portion of Ironwood Drive right-of-way and all of Jasperwood Court right-of-way in association with the "Second Addition to City Center of Baxter" plat 1) PUBLIC HEARING at 7:00 p.m. or shortly thereafter 2) Adopt Resolution 2023-009 vacating a portion of Ironwood Drive right-of-way and all of Jasperwood Court right-of-way Community Development Director Doty explained the applicant submitted an application to replat the land encompassing the proposed vacations. The current locations of the Ironwood Drive right-of- way does not match with the location of the existing road to the north, which dead-ends approximately 100 feet to the west of the platting Ironwood Drive right-of-way. Since the property is currently proposed to be replated, the Ironwood Drive right-of-way needs to be relocated to line up with the existing road to the north. The applicant is proposing to vacate a portion of the Ironwood right-of-way and replat the new right-of-way to alight with the existing road. The Jasperwood Court right-of-way, which extends east from Mapleton Road to the Ironwood Drive right-of-way is no longer necessary and is also proposed to be vacated with the application. Mayor Olson opened the public hearing at 7:27 p.m. and closed the public hearing at 7:27:15 p.m. after receiving no comments from the public. MOTION by Council Member Tabatt, seconded by Council Member Lyscio to adopt Resolution 2023- 009, vacating a portion of Ironwood Drive right-of-way and all of Jasperwood Court right-of-way. Motion carried unanimously. COUNCIL COMMENTS 19. Connie Lyscio – Reminded everyone to watch out for snowmobiles. 20. Zach Tabatt – No comment. 21. Vacant 22. Mark Cross – No comment. 23. Darrel Olson – No comment. CITY ADMINISTRATOR'S REPORT City Administrator Chapulis reminded the council of two upcoming special council meetings and the Chamber Eggs and Issues event. City Administrator Chapulis asked the council to enter a closed session under Minnesota Statute 13D.05, subd. 3 (c) to discuss the purchase of property, Minnesota Statute 13D.05, subd. 3(b) , attorney-client privilege, to discuss a clam arising under Minnesota Statute 299A.465, and Minnesota Statute 13D.03, Labor Negotiations. 1/17/2023 City Council Meeting Minutes Page 5 MOTION by Council Member Tabatt, seconded by Council Member Lyscio to enter a closed session at 7:30 p.m. Motion carried unanimously. CITY ATTORNEY'S REPORT 24. Closed Session Under Minnesota Statute 13D.05, subd. 3 (c), Purchase of Property: PID 40080524 25. Closed Session – Minnesota Statute 13D.05, subd. 3(b) Attorney-Client Privilege, to discuss a claim arising under Minnesota Statute 299A.465. 26. Closed Session – Minnesota Statute 13D.03, Labor Negotiations MOTION by Council Member Tabatt, seconded by Council Member Lyscio to return to open session at 8:36 p.m. Motion carried unanimously. MOTION by Council Member Tabatt, seconded by Council Member Lyscio to direct staff to make an offer for acquisition for a trail easement. Motion carried unanimously. City Administrator Chapulis explained the council discussed litigation and labor negotiations with no action to be taken. ADJOURN MOTION by Council Member Lyscio, seconded by Council Member Tabatt to adjourn at 8:37 p.m. Motion unanimously carried. Approved by: Respectfully submitted, _____________________________ Darrel Olson Kelly Steele Mayor Assistant City Administrator