City Council Meeting

CITY COUNCIL MEETING MINUTES Tuesday, July 18, 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, Jeff Phillips, and Mark Cross were present. City Administrator Brad Chapulis, Assistant City Administrator Kelly Steele, Community Development Director Josh Doty, Finance Director Jeremy Vacinek, and Public Works Director Trevor Walter 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 explained the planning commission minutes from July 11, 2023 will be amended to reflect Commission Lund was absent. 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 July 5, 2023 2. Approve City Council Minutes from July 5, 2023 3. Approve the Payment of Bills and Finance Report (Addendum A) 4. Accept EDA Minutes from July 5, 2023 5. Accept the Utilities Commission Minutes from July 6, 2023 6. Approve RL Larson Excavating, Inc. Change Order No. 8 revising the Final Completion date from June 16, 2023 to October 13, 2023 for the 2022 Foley Road, Isle Drive, and Forthun Road Improvements Project Update, City Improvement No. 4114 7/18/2023 City Council Meeting Minutes Page 2 7. Approve the RL Larson Excavating, Inc. Partial Pay Estimate No. 8 in the amount of $160,196.19 for the 2022 Foley Road, Isle Drive, and Forthun Road Improvements Project, City Improvement No. 4114 8. Approve the Anderson Brothers Construction Partial Pay Estimate No. 6 in the amount of $275,661.04 for the 2022 TH 210 and Inglewood Drive Improvements Project, City Improvement No. 4121 9. Approve the Anderson Brother Construction Company Partial Pay Estimate No. 8 in the amount of $532.00 for the 2022 Full Depth Reclamation & Reconstruction Improvements Project, Municipal Project Number 4422. 10. Approve the Knife River Corporation – North Central Change Order No. 3 in the increased amount of $154,578.82 for the 2023 Knollwood Drive Improvements Project, Municipal Project Number 4132 11. Approve the Knife River Corporation – North Central Partial Pay Estimate 2 in the amount of $25,387.49 for the 2023 Knollwood Drive Improvements Project, Municipal Project Number 4132 12. Approve the Kraemer Trucking & Excavating, Inc Change Order No. 1 in the amount of $41,891.10 for the 2023 Cypress Drive and Douglas Fir Drive Improvements project 13. Approve the Kraemer Trucking & Excavating, Inc Partial Pay Estimate No. 2 in the amount of $482,814.23 for the 2023 Cypress Drive and Douglas Fir Drive Improvements Project 14. Adopt Resolution No. 2023-046 Relating to Parking Restrictions along Cedar Scenic Road 15. Adopt Resolution No. 2023-050 Receiving Feasibility Report and Calling for a Hearing on the Improvement for the 2024 South Forestview Improvements project 16. Approve Anderson Brothers Construction 1" Bituminous Overlay on Eagle Drive and Eagle Ridge Drive in the Amount of $45,514.92 17. Approve the KLM Contract to Spot Repair Interior Coating and Perform Exterior Wash on the South Water Tower in the not to Exceed Amount of $42,799.20 18. Adopt Resolution 2023-049 Authorizing City Administrator to Sell Certain Real Estate on Behalf of the City 19. Adopt Resolution 2023-047 approving a lot area Variance for property located at 14548 Red Sequoia Drive. 20. Accept the July 11, 2023 Planning Commission Meeting Minutes 21. Adopt Ordinance 2023-010 and Summary Ordinance 2023-011, Amending City Code 5-1-4: Hunting Regulations and the Discharge of Firearms 22. Approve the Hiring of an Intern for the Police Department 23. Approve Special Event Application for Lakes Country Triathlon August 27th, 2023 24. Approve Special Event Application for Kiwanis/YMCA Kids Triathlon August 26th, 2023 7/18/2023 City Council Meeting Minutes Page 3 MOTION by Council Member Cross, seconded by Council Member Tabatt to approve the Consent Agenda. Motion carried unanimously. PULLED AGENDA ITEMS None. OTHER BUSINESS 25. Adopt Ordinance 2023-009 and Resolution 2023-048 approving a Zoning Ordinance Text Amendment to allow Medical Cannabis Dispensary as a permitted use in the C-2, Regional Commercial district. Community Development Director Doty explained the applicant is requesting approval of a zoning ordinance amendment to allow a medical cannabis dispensary as a permitted use in the C-2 Regional Commercial district. Under the proposed amendment, a definition of Medical Cannabis Dispensary would also be added to the definitions chapter of the zoning ordinance. A new law was enacted by the state to legalize adult use cannabis in Minnesota starting January 1, 2025. The applicant is not requesting adult cannabis at this time. If the applicant requests adult use cannabis in the future, they will be subject to state and local regulations. It is the city’s finding that medical cannabis dispensaries are a separate use from adult use cannabis. Therefore, there is not assumed future approval for the applicant to transition to an adult use cannabis retail store in 2025. The Planning Commission recommends approval of the text amendment, subject to the findings and conditions in the proposed resolution. MOTION by Council Member Tabatt, seconded by Council Member Cross to Adopt Ordinance Adopt Ordinance 2023-009 and Resolution 2023-048 approving a Zoning Ordinance Text Amendment to allow Medical Cannabis Dispensary as a permitted use in the C-2, Regional Commercial district. Motion carried with Mayor Olson and Council Members Tabatt, Phillips, and Cross voting yes and Council Member Lyscio voting no. COUNCIL COMMENTS 26. Connie Lyscio – No comment. 27. Zach Tabatt – No comment. 28. Jeff Phillips – No comment. 29. Mark Cross – Reminded motorists to watch out for motorcycles. 30. Darrel Olson – Congratulated Police Officer Chad Visser on his retirement. Received a phone call about motorists failing to stop at the new stop signs on Foley Road. CITY ADMINISTRATOR'S REPORT City Administrator Chapulis reminded the council of the special council meeting scheduled for Thursday, July 20th at 4:30 p.m. to discuss the capital improvements plan. 7/18/2023 City Council Meeting Minutes Page 4 31. Closed Session under Minnesota Statute 13D.05, subd. 3(a) – Performance Evaluation 32. Closed Session under Minnesota Statute 13D.05, subd. 3(a) – Performance Evaluation City Administrator Chapulis asked the council to enter into a closed session under Minnesota Statute 13D.05, subd. 3(a) to discuss the performance evaluations of probationary Officers Casanova and Geise. MOTION by Council Member Lyscio, seconded by Council Member Tabatt to enter into a closed session at 7:20 p.m. Motion carried unanimously. MOTION by Council Member Cross, seconded by Council Member Lyscio to return to an open session at 7:36 p.m. Motion carried unanimously. City Administrator Chapulis explained after reviewing the performance reviews completed by Chief Exsted, staff is looking for the council to concur with Chief Exsted’s recommendation to extend the probation of both officers and authorize the execution of the documents to authorize the extension. MOTION by Council Member Cross, seconded by Council Member Tabatt to authorize the execution of the Memorandums of Agreement to extend the probation period for Officers Casanova and Geise. Motion carried unanimously. CITY ATTORNEY'S REPORT ADJOURN MOTION by Council Member Cross, seconded by Council Member Phillips to adjourn at 7:37 p.m. Motion unanimously carried. Approved by: Respectfully submitted, _____________________________ Darrel Olson Kelly Steele Mayor Assistant City Administrator