City Council Meeting

CITY COUNCIL MEETING MINUTES Tuesday, October 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, Jeff Phillips, and Mark Cross were present. City Administrator Brad Chapulis, Assistant City Administrator Kelly Steele, Public Works Director Trevor Walter, Community Development Director Josh Doty, and Police Chief Jim Exsted were present. PLEDGE OF ALLEGIANCE All joined Mayor Olson in reciting the Pledge of Allegiance. ADDITIONS OR CHANGES TO THE AGENDA City Administrator Chapulis asked the council to add items 33 and 35 to the agenda and pull item 33. PRESENTATIONS None. 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 Minutes from October 3, 2023 2. Approve the Payment of Bills and Finance Report (Addendum A) 3. Accept the Utilities Commission Minutes from October 4, 2023 4. Approve the ASTECH, Inc. Pay Estimate No. 2 (Final) in the amount of $40,454.41 for the 2023 Micro Surfacing Project. 5. Approve Pratt’s Affordable Excavating Invoice 4848 in the amount of $1,784.25 and Widseth Invoices totaling $5,058.82 for contaminated soil testing and removal for the Foley Road, Isle Drive, and Forthun Road Improvements Project, City Improvement No. 4114 10/17/2023 City Council Meeting Minutes Page 2 6. Approve the BNSF Invoice 90257963 in the amount of $4,776.35 for the 2022 TH 210 and Inglewood Drive Improvements Project, City Improvement No. 4121 7. Approve Anderson Brothers Construction Change Order No. 3 in the amount of $114,999.36 for 2022 Trunk Highway 210 & Inglewood Drive Railway Crossing Improvements Project 8. Approve the Anderson Brothers Construction Partial Pay Estimate No. 9 in the amount of $119,494.95 for the 2022 TH 210 and Inglewood Drive Improvements Project, City Improvement No. 4121 9. 2022 Trunk Highway 210 & Inglewood Drive Railway Crossing Improvements Project Inglewood Drive Traffic Control Revisions City of Baxter - Municipal Project No. 4121 10. Approve the Kraemer Trucking & Excavating, Inc Partial Pay Estimate No. 5 in the amount of $792,458.94 for the 2023 Cypress Drive and Douglas Fir Drive Improvements project 11. Approve the Anderson Brothers Construction Company of Brainerd, LLC Partial Pay Estimate No. 3 in the amount of $656,689.85 for the 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements Project 12. Approve Invoice 4861 from Pratt’s Affordable Excavating Inc. in the amount of $26,865.00 for Winter Tree Clearing related to 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements Project 13. Approve Invoice 4858 from Pratt’s Affordable Excavating Inc. in the amount of $7,985.00 for Additional Winter Tree Clearing related to 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements Project 14. Approve the Knife River Corporation – North Central Change Order No. 5 in the Increased Amount of $24,685.00 for the 2023 Knollwood Drive Improvements Project, Municipal Project Number 4132 15. Approve the Knife River Corporation – North Central Pay Estimate 5 in the amount of $399,762.76 for the 2023 Knollwood Drive Improvements Project, Municipal Project Number 4132 16. Approve the Widseth Professional Services Fee Amendment in the amount of $12,012.20 and increasing the Total Not To Exceed Fee to $319,847.20 for the 2023 Knollwood Drive Improvements Project. 17. Approve JR Ferche Inc. Change Order No. 2 in the Increased Amount of $49,190.21 for the Whiskey Creek Stormwater Improvements Project 18. Approve the J.R. Ferche, Inc. Partial Pay Estimate No. 1 in the amount of $180,567.92 for the Whiskey Creek Stormwater Improvements Project, Municipal Project Number 200292 19. Approve Department of Agriculture Invoice #155366 in the amount of $3,823.39 for the Whiskey Creek Stormwater Improvements Project, Municipal Project No. 200292 20. Approve Temporary Liquor License for the Jack Pine Brewery Event at the Northland Arboretum 21. Approve Amendment to El Tequila’s Liquor License to Allow Liquor Sales on an Outdoor Patio 10/17/2023 City Council Meeting Minutes Page 3 22. Elect Not to Waive the Monetary Limits on Municipal Tort Liability Established by State Statutes with the 2024 LMCIT Insurance Renewal 23. Renew the Sourcewell Health Partners Health Insurance Contract for 2024 and Authorize Contract Execution 24. Adopt Ordinance 2023-023, Amending Ordinance 6-2-4 No Parking, Stopping or Standing Zones 25. Adopt Ordinance 2023-024, Amending Title 7, Chapter 3 Public Parks and Beaches 26. Adopt Ordinance 2023-021 and Summary Ordinance 2023-022 Approve Cannabis Public Use Ordinance 27. Accept the October 10 2023 Planning Commission Meeting Minutes 28. Adopt Resolution 2023-069 approving a front yard setback for property located at 6141 Donald Street 29. Adopt Resolution 2023-070 approving an Interim Use Permit to allow an accessory building as a principal use on vacant property located east of the applicant’s home at 13831 Kenwood Court 30. Adopt Ordinances 2023-016 and 2023-019 and Resolution 2023-069 amending a PUD to allow a bank with a drive-through for property located at 15616 Edgewood Drive 31. Adopt Ordinances 2023-017 and 2023-020 and Resolutions 2023-071 and 2023-072 approving a Zoning Ordinance Text Amendment and Conditional Use Permit to allow a “Homeless and Recovery Resource Center” to be located at 8055 Industrial Park Road 32. Adopt Ordinances 2023-013 and 2023-018 and Resolution 2023-061 approving a Zoning Ordinance Text Amendment to update the Zoning regulations of the City Code 33. Adopt Resolution No. 2023-073 Receiving Revised Feasibility Report and Calling the Improvement Hearing for the 2024 Mill & Overlay and Full Depth Reclamation Improvements Project Municipal Project No. 4424 34. Adopt Resolutions 2023-074 and 2023-075 approving the sales of Lots 9A & B and 11, Block 1, Northdale Sixth Addition MOTION by Council Member Cross, seconded by Council Member Phillips to approve the Consent Agenda as amended. Motion carried unanimously. PULLED AGENDA ITEMS Council Member Tabatt asked to pull item 33 based on council discussion held during the work session. MOTION by Council Member Tabatt, seconded by Council Member Phillips to table agenda item 33, Adopt Resolution No. 2023-073 Receiving Revised Feasibility Report and Calling the Improvement Hearing for the 2024 Mill & Overlay and Full Depth Reclamation Improvements Project Municipal Project No. 4424. Motion carried unanimously. Council Member Cross asked to pull item 31 due to the number of people in attendance who may wish to speak about this agenda item. 10/17/2023 City Council Meeting Minutes Page 4 Council Member Cross asked for comments from the audience. No audience members requested to speak. MOTION by Council Member Cross, seconded by Council Member Lyscio to Adopt Ordinances 2023-017 and 2023-020 and Resolutions 2023-071 and 2023-072 approving a Zoning Ordinance Text Amendment and Conditional Use Permit to allow a “Homeless and Recovery Resource Center” to be located at 8055 Industrial Park Road. Motion carried unanimously. OTHER BUSINESS 35. Approve 3-year agreement with LeVander, Gillen, & Miller, P.A. for Civil Legal Services (City Attorney) City Administrator Chapulis explained earlier this year the council directed administration to advertise a request for proposals for civil legal services. Breen & Person, Kennedy & Graven, and LeVander, Gilden & Miller submitted proposals. After the completion of interviews with each of the firms, obtaining writing examples, and completion of reference checks, administration would recommend entering into a contract with LeVander, Gilden & Miller for civil legal services. LeVander, Gilden & Miller, located in Eagan, Minnesota, has substantial knowledge, skill, and experience in the areas of municipal law, civil litigation, eminent domain, and real estate. If hired, Greta Bjerkness would serve as the lead attorney and primary contact for the city. Kori Land would serve as the city’s secondary attorney. Staff is recommending the council approve and execute the agreement with LeVander, Gillen, & Miller. The agreement would commence on November 1, 2023, and run through December 31, 2026. City attorney services were incorporated into the proposed 2024 budget based upon an estimated number of hours projected for the year and the hourly rates submitted with the RFPs. It is anticipated non- prosecution legal expenditures for 2023 will exceed the current $18,000 budget due to higher than anticipated personnel related services along with the implementation of the new civil contract and transition from the existing law firm. A portion of the cost may be offset by the elimination of the existing retainer for the last two months. MOTION by Council Member Cross, seconded by Council Member Lyscio to approve 3-year agreement with LeVander, Gilen, & Miller, P.A. for Civil Legal Services (City Attorney). Motion carried unanimously. COUNCIL COMMENTS 36. Connie Lyscio – No comment. 37. Zach Tabatt - Thanked audience members for attending tonight’s council meeting. 38. Jeff Phillips – No comment. 39. Mark Cross – No comment. 40. Darrel Olson – No comment. CITY ADMINISTRATOR'S REPORT No report. 10/17/2023 City Council Meeting Minutes Page 5 CITY ATTORNEY'S REPORT No report. ADJOURN MOTION by Council Member Cross, seconded by Council Member Lyscio to adjourn at 7:16 p.m. Motion carried unanimously. Approved by: Respectfully submitted, _____________________________ Darrel Olson Kelly Steele Mayor Assistant City Administrator