City Council Meeting

CITY COUNCIL MEETING MINUTES Tuesday, August 15, 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 Jeff Phillips were present. Council Member Cross was absent. City Administrator Brad Chapulis, Assistant City Administrator Kelly Steele, Police Chief Jim Exsted, 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 tonight’s closed session discussion will be postponed until the September 5, 2023 council meeting. PUBLIC COMMENTS - Comments received from the public may be placed on a future meeting agenda for consideration. Rick Johnson, 14159 Inglewood Drive, asked if a speed sign can be installed along Inglewood Drive due to the volume of speeders. Les Lodewyck, 14177 Inglewood Drive, expressed concern with vehicles speeding on Inglewood Drive and inquired why the stop light was moved from Knollwood Drive to Inglewood Drive and if additional commercial will be constructed on Inglewood Drive north of Woida Road. 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 1, 2023 2. Approve the Payment of Bills and Finance Report (Addendum A) 8/15/2023 City Council Meeting Minutes Page 2 3. Award Contract to DRC to Re-Roof City Hall for an amount not to exceed $54,885 and amend the 2023 Budget 4. Accept the Utilities Commission Minutes from August 2, 2023 5. Accept the North Central Medical Supply Municipal Improvements as Outlined in the Development Agreement 6. Approve the BNSF Invoice No. 90254823 in the amount of $3,817.53 for the 2022 TH 210 and Inglewood Drive Improvements Project 7. Approve Anderson Brothers Construction Change Order No. 2 in the amount of $63,349.99 for 2022 Trunk Highway 210 & Inglewood Drive Railway Crossing Improvements Project Update - City of Baxter - Municipal Project No.: 4121 8. Approve the Anderson Brothers Construction Partial Pay Estimate No. 7 in the amount of $375,037.17 for the 2022-23 TH 210 and Inglewood Drive Improvements Project, City Improvement No. 4121 9. Approve the Kraemer Trucking & Excavating, Inc Change Order No. 2 in the amount of $21,139.80 for the 2023 Cypress Drive and Douglas Fir Drive Improvements project 10. Approve the Kraemer Trucking & Excavating, Inc Partial Pay Estimate No. 3 in the amount of $924,946.24 for the 2023 Cypress Drive and Douglas Fir Drive Improvements project 11. Approve the Staff Recommendations for the Cypress Drive Mid-Block Pedestrian Crossing 12. Approve the Anderson Brothers Construction Company of Brainerd, LLC Change Order No. 1 for the 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements project 13. Approve the Anderson Brothers Construction Company of Brainerd, LLC Partial Pay Estimate No. 1 in the amount of $78,866.39 for the 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements Project 14. Approve the Knife River Corporation – North Central Partial Pay Estimate No. 3 in the amount of $387,148.24 for the 2023 Knollwood Drive Improvements Project, Municipal Project Number 4132 15. Adopt Resolution 2023-056 Ordering Preparation of Report on Improvement for the 2024 Evergreen Drive Improvements and Southeast Baxter Stormwater Overflow Project, Municipal Project Number 4137. 16. Approve the Widseth Professional Services Fee Amendment in the amount of $14,570 and increasing the Total Not To Exceed Fee to $27,070 for the preparation of the 2024 Evergreen Drive Improvements and Southeast Baxter Stormwater Overflow Project Feasibility Report. 17. Deny Request to Construct Trail around Stormwater Pond Located at Hastings Road and Douglas Fir Drive Intersection 18. Approve the Widseth Proposal for PROTECT program Funding Application Services for the Design Road and TH 371 Drainage Improvements Project for the Lump Sum Amount of $2,100. 8/15/2023 City Council Meeting Minutes Page 3 19. Adopt Resolution 2023-057 Submitting Application for PROTECT Funds for the 2024 Design Road & T.H. 371 Stormwater Improvements Project, Municipal Project No. 4312 20. Approve the El Tequila Stormwater Facilities Maintenance Agreement 21. Accept the August 9, 2023 Planning Commission Meeting Minutes 22. Adopt Resolution 2023-053 approving a front yard setback Variance for property located at 7399 Garrison Road. 23. Adopt Ordinance 2023-012 and Resolution 2023-054 approving a Zoning Ordinance Text Amendment to allow Motor Vehicle Detailing Shops in the C-2, Regional Commercial District as a Permitted Use 24. Adopt Resolution 2023-052 approving a variance to allow a deck and an above-ground swimming pool within the required 30-foot setback from a bluff for property located at 12176 Camwood Trail 25. Authorize Purchase of Two 2024 Dodge Durango Squad Cars and Approve the 2023 Budget Amendment for the Two 2023 Squads MOTION by Council Member Tabatt, seconded by Council Member Phillp to approve the Consent Agenda. Motion carried unanimously. PULLED AGENDA ITEMS None. OTHER BUSINESS 26. Adopt Resolution No. 2023-055 Ordering Improvement and Preparation of Plans for the 2024 South Forestview Improvements Project, Municipal Project No. 4138 City Administrator Chapulis explained on August 10, 2023 the council held the improvement hearing. The next step is for the council to consider adopting the proposed resolution to order the improvement. Council Member Tabatt explained City Attorney Person has advised him that while he lives on the project, that does not cause him to have a conflict of interest in the proposed project. MOTION by Council Member Tabatt, seconded by Council Member Lyscio to Adopt Resolution No. 2023-055 Ordering Improvement and Preparation of Plans for the 2024 South Forestview Improvements Project, Municipal Project No. 4138. Motion carried unanimously. 27. Approve the SEH Design Phase Services Contract in the Not to Exceed Amount of $451,295.00 for the 2024 South Forestview Improvements project City Administrator Chapulis explained due to the action just taken by the council to order the improvement, to continue moving the project forward a design contract needs to be awarded. MOTION by Council Member Lyscio, seconded by Council Member Tabatt to Approve the SEH Design Phase Services Contract in the Not to Exceed Amount of $451,295.00 for the 2024 South Forestview Improvements project. Motion carried unanimously. 8/15/2023 City Council Meeting Minutes Page 4 COUNCIL COMMENTS 28. Connie Lyscio – Inquired if there is council support to further discuss a dog park. If there is council support, the park commission can review the request. 29. Zach Tabatt – Explained the parking lots located behind both Fleet Farm and Kohls have weeds growing through the cracks. For future development, the city could consider reducing parking minimums by 10% as it would reduce the cost of the parking lot and the amount of impervious surface. Would like to offer the ability for people to build homes on smaller lots as this would assist with high assessments and would maintain sustainability. Due to unanticipated changes, the Comprehensive Plan last amended in 2013 could be reviewed informally. 30. Jeff Phillips – Explained the city allows developers to drive development and wonders if the city should take a more active role. The city is in need of more first and final homes for residents. Suggested a dog park could be constructed near an apartment building. Inquired about the type of vehicles the police department is purchasing and data on traffic stops and speed citations. 31. Mark Cross – Absent. 32. Darrel Olson – No comment. CITY ADMINISTRATOR'S REPORT City Administrator Chapulis explained the budget meeting scheduled for August 29th needs to be rescheduled to the September 5th work session based on progress of the budget. Due to running out of time during the work session, the council did not have an opportunity to discuss city hall needs assessment. Unless the council objects, City Administrator Chapulis will engage with Widseth for site selection work. CITY ATTORNEY'S REPORT 33. Attorney-client closed session regarding pending legal matter involving the City of Baxter in OAH Case No: 82-3600-389945 pursuant to Minnesota Statute 13D.05, subd. 3(b) This agenda item has been postponed until the September 5, 2023 council meeting. ADJOURN MOTION by Council Member Tabatt, seconded by Council Member Phillips to adjourn at 7:36 p.m. Motion unanimously carried. Approved by: Respectfully submitted, _____________________________ Darrel Olson Kelly Steele Mayor Assistant City Administrator