City Council Meeting

CITY COUNCIL MEETING MINUTES Tuesday, September 05, 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, Jeff Phillips, 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, Police Chief Jim Exsted, IT/GIS Director Todd DeBoer, Public Works Director Trevor Walter, and Finance Director Jeremy Vacinek 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 add Consent Agenda item 19 to the agenda to approve the special event permit for the Lindar car show. 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 August 10, 2023 2. Approve City Council Work Session Minutes from August 15, 2023 3. Approve City Council Minutes from August 15, 2023 4. Approve the Payment of Bills and Finance Report (Addendum A) 5. Approve 2023-2024 Contract for Chamber of Commerce Services 9/5/2023 City Council Meeting Minutes Page 2 6. Adopt Resolution 2023-058, Providing for the Competitive Negotiated Sale of $8,135,000 General Obligation Improvement Bonds, Series 2023 7. Approve the Issuance of an On-sale Intoxicating Liquor and On-sale Sunday Liquor License for Chipotle Mexican Grill #3427 8. Approve Special Event Permit for 2023 Alzheimer’s Association Walk 9. Approve the Language Change to Police Department Canine Policy 10. Authorize Staff to execute the Microsoft Enterprise Agreement Renewal for Microsoft 365 Government Cloud Services 11. Authorize Staff to Execute Telephone Service Agreement Renewal with CTC 12. Accept the August 28, 2023 Long Range Planning Commission Meeting Minutes 13. Accept the Parks and Trails Commission Minutes from August 28, 2023 14. Approve the WiDSETH Agreement for Professional Services for the 2024 Oscar Kristofferson Masterplan Update in the Not to Exceed Amount of $9,500 15. Approve the WiDSETH Agreement for Professional Services for the 2024 City of Baxter Dog Park Study in the Not to Exceed Amount of $13,500 16. Accept a $400 Donation from the Baxter Lions for the 2023 Children’s Triathlon 17. Approve Amendments to the 2023 Baxter Hunting Map 18. Approve Saul Ewing Contract for Legal Services on Amendments to the Wastewater Ordinance and Capacity Delegation to Brainerd 19. Approve Special Event Permit for 2023 Lindar Car Show Mike Barnaby, 13111 Homestead Road, asked the council to pull Consent Item 17 to discuss. MOTION by Council Member Cross, seconded by Council Member Lyscio to approve the amended Agenda, excluding Consent Agenda item 17. Motion carried unanimously. PULLED AGENDA ITEMS Mr. Barnaby explained he asked the council to pull the approval of the 2023 hunting map as he has safety concerns with the addition of the parcel near Falcon Drive. Jordan Herman, 13119 Homestead Road, recommended the Falcon Drive parcel be identified as no hunting due the size and layout of the parcel. Jason Kocer, 14165 Cherrywood Drive, explained the deer hunting group has scouted the Falcon Drive parcel and has found it is currently being hunted as there are trail cameras and a deer stand on the property. 9/5/2023 City Council Meeting Minutes Page 3 Chief Exsted explained the process used to select the parcels identified for hunting and the process a hunter must follow to hunt on the properties. Chief Exsted further explained that there would not be an issue if the Falcon Drive parcel is removed from the 2023 hunting map and that the parcel would be explored for addition next year. MOTION by Council Member Lyscio, seconded by Council Member Cross to Approve Amendments to the 2023 Baxter Hunting Map with the removal of the Falcon Drive parcel from the map. Motion carried unanimously. OTHER BUSINESS 19. Adopt Resolution 2023-059 Accepting the Bid from J.R. Ferche Inc. in the amount of $959,085.95 for the Whiskey Creek Stormwater Improvements Project, Municipal Project No. 200292 Public Works Director Walter explained HR Green was unable to attend tonight’s meeting, so he will be presenting on their behalf. Bids for the project were received on August 2, 2023. By awarding the project in the full amount of $959,085.95, the project exceeds the budgeted amount. After discussion, the size of the stormwater wetland is proposed to be reduced for potential cost savings. JR Ferche Inc. has agreed to the change in plans to reduce the excavation quantity and reduce the contract by $49,894.30. The reduced volume still meets the treatment requirements of the grants. The redesign allows for the additional volume as originally designed to be excavated in the future. This has been incorporated into a change order that is on the regular agenda for approval. Additional discussions with MnDOT indicated additional flow will likely be added to the Design Road system with the upcoming 371/210 interchange project. To accommodate these flows, the 48” pipe will be upsized to a 60” pipe. The additional cost for upsizing the storm sewer pipe is $24,800 and is included in the change order for council approval. The total construction contract after the change order is $909,191.65. Since the bid opening, the Crow Wing SWCD amended their MOU with the City and provided an additional $43,000 to the City for funding the stormwater wetland. MOTION by Council Member Cross, seconded by Council Member Phillips to Adopt Resolution 2023-059 Accepting the Bid from J.R. Ferche Inc. in the amount of $959,085.95 for the Whiskey Creek Stormwater Improvements Project, Municipal Project No. 200292. Motion carried unanimously. 20. Approve JR Ferche Inc. Change Order No. 1 in the Reduced Amount of $49,894.30 for the Whiskey Creek Stormwater Improvements Project Public Works Director Walter explained this change order reduces the size of the stormwater wetland. MOTION by Council Member Cross, seconded by Council Member Lyscio to Approve JR Ferche Inc. Change Order No. 1 in the Reduced Amount of $49,894.30 for the Whiskey Creek Stormwater Improvements Project. Motion carried unanimously. 21. Approve Amendment to the Whiskey Creek Joint Powers Agreement 9/5/2023 City Council Meeting Minutes Page 4 City Administrator Chapulis explained in 2021 the city entered into a joint powers agreement with the Crow Wing Soil and Water Conservation District (SWCD) for the administration of the Clean Water Grant the agency secured for the Whiskey Creek Project. The amendment to the agreement accomplishes two things: 1. Extends the project deadline. The agreement is set to expire on December 31, 2023. Due to the delays in the project, the completion date will not occur until mid-summer 2024. SWCD has been awarded a one-year extension of the grant by the DNR. The new expiration date will be December 31, 2024. 2. Adjusts the budget to include more money towards construction. The agreement called for the SWCD to receive $60,000 of the grant money for administration. The agency has offered to reduce the grant administration by $43,000 to help with the increased costs of construction. MOTION by Council Member Lyscio, seconded by Council Member Phillips to approve amendment to the Whiskey Creek Joint Powers Agreement. Motion carried unanimously. 22. Set Informational Meeting Date for September 14th at 6:00 P.M. for the Whiskey Creek Stormwater Improvements Project Public Works Director Walter would like to hold the public informational meeting on September 14th at 6 p.m. for the Whiskey Creek Stormwater Improvements Project. MOTION by Council Member Cross, seconded by Council Member Lyscio to Set Informational Meeting Date for September 14th at 6:00 P.M. for the Whiskey Creek Stormwater Improvements Project. Motion carried unanimously. COUNCIL COMMENTS 24. Connie Lyscio – Thanked the Parks Commission for moving forward with the proposed dog park. Inquired about presenting to area civic clubs in October or November to solicit funds for a dog park. City Administrator Chapulis suggested waiting until the total cost is known and what the ask is. 25. Zach Tabatt – Absent. 26. Jeff Phillips – No comment. 27. Mark Cross – No comment. 28. Darrel Olson – Thanked the Baxter’s Lion Club and the police department for their work on another successful Night to Unite event. Enjoyed talking to the residents of Gracewin during their open house. The two triathlons were recently held, and they both went very well. It is a relief to have some street improvement projects completed before the start of the school year. CITY ADMINISTRATOR'S REPORT City Administrator Chapulis explained he will be conducting three interviews next week with the legal firms that responded to the RFP for civil legal services. City Administrator Chapulis inquired if one more council member would like to participate in the interview process. CITY ATTORNEY'S REPORT 9/5/2023 City Council Meeting Minutes Page 5 29. 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) 30. Closed Session Under Minnesota Statute 13D.05, Subd. 3 (c) Purchase Offer – Lot 11, Block 1, Northdale 6th Addition 31. Closed Session Under Minnesota Statute 13D.05, subd. 3 (c), Purchase of Property: PID 40180611 MOTION by Council Member Cross, seconded by Council Member Lyscio to enter into a closed session at 7:39 p.m. Motion carried unanimously. MOTION by Council Member Cross, seconded by Council Member Lyscio return to an open session at 8:43 p.m. Motion carried unanimously. City Administrator Chapulis explained the council will not be taking action on the purchase of property and further directed staff to continue negotiations. MOTION by Council Member Cross, seconded by Council Member Phillips to provide settlement authority to City Administrator Chapulis and to identify Assistant City Administrator Steele as the backup regarding the pending legal matter involving the City of Baxter in OAH Case No: 82-3600-389945. Motion carried unanimously. ADJOURN MOTION by Council Member Cross, seconded by Council Member Lyscio to adjourn at 8:44 p.m. Motion carried unanimously. Approved by: Respectfully submitted, _____________________________ Darrel Olson Kelly Steele Mayor Assistant City Administrator