City Council Meeting

CITY COUNCIL MEETING MINUTES Tuesday, September 19, 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, Police Chief Jim Exsted, Assistant Police Chief Matt Maier, Community Development Director Josh Doty, Finance Director Jeremy Vacinek, Assistant Finance Director Brenda Brooks, 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 asked the council to add accepting the Golf Course Drive and Clearwater Road Intersection Analysis Report and approve the installation of the all-way stop signs at the intersection of Golf Course Drive and Clearwater Road intersection to the Consent Agenda as item 29. This item was discussed during the work session and was inadvertently omitted from the regular agenda. PUBLIC COMMENTS - Comments received from the public may be placed on a future meeting agenda for consideration. Jose Maltos, 8494 Fairview Road, introduced himself and explained he is opening a commercial hydroponic store for cannabis cultivation in one of the former Brothers Motorsports buildings. The store will sell supplies for growing cannabis. 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 September 5, 2023 2. Approve City Council Minutes from September 5, 2023 3. Approve the Payment of Bills and Finance Report (Addendum A) 9/19/2023 City Council Meeting Minutes Page 2 4. Accept the Utilities Commission Minutes from September 6, 2023 5. Approve RL Larson Excavating, Inc. Change Order No. 9 in the added amount of $16,600.00 for the 2022 Foley Road, Isle Drive, and Forthun Road Improvements Project, Municipal Improvement No. 4114 6. Approve the RL Larson Excavating, Inc. Partial Pay Estimate No. 9 in the amount of $16,514.83 for the 2022 Foley Road, Isle Drive, and Forthun Road Improvements Project, City Improvement No. 4114 7. Approve the BNSF Invoice 90255952 in the amount of $64,562.76 for the 2022 TH 210 and Inglewood Drive Improvements Project, City Improvement No. 4121 8. Approve the Anderson Brothers Construction Partial Pay Estimate No. 8 in the amount of $284,123.76 for the 2022 TH 210 and Inglewood Drive Improvements Project, City Improvement No. 4121 9. Approve the ASTECH, Inc. Pay Estimate No. 1 in the amount of $397,286.79 for the 2023 Micro Surfacing Project. 10. Approve the Kraemer Trucking & Excavating, Inc Change Order No. 3 in the amount of $11,629.20 for the 2023 Cypress Drive and Douglas Fir Drive Improvements Project 11. Approve the Kraemer Trucking & Excavating, Inc Change Order No. 4 in the decreased amount of $91,603.45 for the 2023 Cypress Drive and Douglas Fir Drive Improvements Project 12. Approve the Kraemer Trucking & Excavating, Inc Partial Pay Estimate No. 4 in the amount of $810,716.15 for the 2023 Cypress Drive and Douglas Fir Drive Improvements Project 13. Approve the Anderson Brothers Construction Change Order No. 2 in the increased amount of $82,719.40 for the 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements Project 14. Approve the Anderson Brothers Construction Partial Pay Estimate No. 2 in the amount of $346,984.16 for the 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements Project 15. Approve the Knife River Corporation – North Central Change Order No. 4 in the Decreased Amount of $99,954.76 for the 2023 Knollwood Drive Improvements Project, Municipal Project Number 4132 16. Approve the Knife River Corporation – North Central Pay Estimate 4 in the amount of $457,131.52 for the 2023 Knollwood Drive Improvements Project, Municipal Project Number 4132 17. Approve the Tom’s Backhoe Service, Inc. Final Pay Estimate 3 in the amount of $5,000.00 for the Lift Station 16 Reconstruction Project. 18. Approve the Burski Excavating, Inc. Final Pay Estimate 2 in the amount of $4,967.20 for the Section 6 Area A-1 Stormwater Outlet Project. 19. Approve Resolution No. 2023-060 Receiving Feasibility Report and Calling the Improvement Hearing for the 2024 Mill & Overlay and Full Depth Reclamation Improvements Project Municipal Project No. 4424 9/19/2023 City Council Meeting Minutes Page 3 20. Set the 2024 Mill & Overlay and Full Depth Reclamation Improvements Project Public Informational Meeting for 6:00 PM on Thursday, October 5, 2023 21. Adopt Resolution 2023-062 Receiving the 2024 Evergreen Drive Improvements and Southeast Baxter Stormwater Overflow Improvements Project Feasibility Report. 22. Approve Widseth Proposal for Professional Survey Services for the 2024 Evergreen Drive and Southeast Baxter Stormwater Overflow Improvements Project in the Not to Exceed Amount of $27,900 23. Approve Widseth Proposal for Professional Environmental Services for the 2024 Evergreen Drive and Southeast Baxter Stormwater Overflow Improvements Project in the Not to Exceed Amount of $4,500 24. Approve 2023 Body Worn Camera (BWC) Audit Report for Police Department 25. Approve the Agreement between Minnesota State Colleges and Universities, Central Lakes College, and the City of Baxter for a Student in the Supervised Pre-internship Training Program 26. Set the Public Information Meeting to Review the 2024 Budget and Levy with Public Testimony for Monday, December 4, 2023 at 6:00 p.m. 27. Accept Land Donation from Brainerd YMCA and Approve Amending the Camp Vanasek Lease to Include the Donated Property 28. Approve WiDSETH Proposal for Professional Services for the Completion of Site Assessments for Future City Hall in the Amount Not to Exceed $13,175 MOTION by Council Member Cross, seconded by Lyscio to approve the consent agenda with the amendment of accepting the Golf Course Drive and Clearwater Road Intersection Analysis Report and approve the installation of the all-way stop signs at the intersection of Golf Course Drive and Clearwater Road intersection, and excluding item 18. Motion carried unanimously. PULLED AGENDA ITEMS Council Member Cross asked to pull item 18 for clarification if the payment is the final pay estimate. Alex Bitter with Widseth confirmed it is the final pay estimate. MOTION by Council Member Cross, seconded by Council Member Phillips to Approve the Burski Excavating, Inc. Final Pay Estimate 2 in the amount of $4,967.20 for the Section 6 Area A-1 Stormwater Outlet Project. Motion carried unanimously. OTHER BUSINESS 29. 2024 Preliminary Property Tax Levy and Budget Discussion - Adopt Resolution 2023-063 Setting the Preliminary 2024 Property Tax Levy - Adopt Resolution 2023-064 Approving the Preliminary 2024 Governmental Funds Budget 9/19/2023 City Council Meeting Minutes Page 4 City Administrator Chapulis explained the council heard in the work session the options they have to consider. Staff is looking for the council to adopt the proposed resolutions. MOTION by Council Member Cross, seconded by Council Member Lyscio to Adopt Resolution 2023- 063 Setting the Preliminary 2024 Property Tax Levy and Adopt Resolution 2023-064 Approving the Preliminary 2024 Governmental Funds Budget, which includes the new code enforcement FTE to start January 1, 2024 and police officer FTE to start July 1, 2024 and a total 2024 preliminary levy of $8,896,700. Motion carried unanimously. 30. Adopt Ordinance 2023-014 and Summary Ordinance 2023-015, Amending Title 3, Chapter 3, Liquor Control, of the Baxter City Code Assistant City Administrator Steele explained Mann Theaters has requested the City consider an amendment to the city code to allow theaters the ability to be eligible to apply for an on-sale intoxicating liquor license. Minnesota Statute 340A.404 permits cities to issue liquor licenses to theaters. This past June the council discussed a proposed change to the liquor code to allow theaters the ability to apply for a liquor license. Upon the conclusion of the discussion, the council directed staff to prepare an amendment for future consideration. The proposed amendment prepared by staff has been reviewed by the city’s attorney. MOTION by Council Member Lyscio, seconded by Council Member Cross to Adopt Ordinance 2023- 014 and Summary Ordinance 2023-015, Amending Title 3, Chapter 3, Liquor Control, of the Baxter City Code. Motion carried unanimously. COUNCIL COMMENTS 31. Connie Lyscio – Received emails supporting a dog park and offers to help build park benches 32. Zach Tabatt - Absent 33. Jeff Phillips – No comment 34. Mark Cross – No comment 35. Darrel Olson – Explained the ground breaking ceremony for the former golf course property was held earlier today and he attended the Mississippi River Towns Organization meeting in Bemidji. CITY ADMINISTRATOR'S REPORT CITY ATTORNEY'S REPORT 36. 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) City Administrator Chapulis asked the council to enter into a closed session under Minnesota Statute 13D.05, subd. 3(b) to discuss a pending legal matter with the City’s human relations attorney. MOTION by Council Member Cross, seconded by Council Member Phillips to enter into a closed session at 7:21 p.m. Motion carried unanimously. 9/19/2023 City Council Meeting Minutes Page 5 MOTION by Council Member Cross, seconded by Council Member Lyscio to return to an open session at 7:50 p.m. Motion carried unanimously. City Administrator Chapulis explained the council would not be taking action related to the closed session. The council provided further direction to proceed with the legal matter. ADJOURN MOTION by Council Member Phillips, seconded by Council Member Lyscio to adjourn at 7:52 p.m. Motion unanimously carried. Approved by: Respectfully submitted, _____________________________ Darrel Olson Kelly Steele Mayor Assistant City Administrator