City Council Meeting

CITY COUNCIL MEETING MINUTES Tuesday, November 21, 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, Finance Director Jeremy Vacinek, 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. PRESENTATIONS None. ADDITIONS OR CHANGES TO THE AGENDA City Administrator Chapulis clarified Consent Agneda item 4 is the appointment of Paul Rudningen to the position of park and trail maintenance. 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 November 7, 2023 2. Approve the Payment of Bills and Finance Report (Addendum A) 3. Approve Appointments to the Seasonal Position of Warming House Attendant 4. Appoint Applicant to the position of Parks and Trails Maintenance at Grade 2, Step 2 of the AFSCME Pay Grade and Step Schedule 5. Accept the Utilities Commission Minutes from November 8, 2023 11/21/2023 City Council Meeting Minutes Page 2 6. Approve the HR Green, Inc. Contract Amendment in the additional amount of $88,570.00 for the Whiskey Creek Stormwater Improvements Project, Municipal Project Number 200292 in the not to exceed total contract amount of $431,969.00 and amend the Whiskey Creek stormwater budget in the Stormwater Enterprise Fund for the additional amount of $212,764.59 7. Approve JR Ferche Inc. Change Order No. 3 in the Increased Amount of $75,004.38 for the Whiskey Creek Stormwater Improvements Project 8. Approve the J.R. Ferche, Inc. Partial Pay Estimate No.2 in the amount of $243,303.08 for the Whiskey Creek Stormwater Improvements Project, Municipal Project Number 200292 9. Approve the Bolton & Menk Agreement for Professional Services in the Not to Exceed Amount of $14,704.00 for 2024 CIP and Pavement Management GIS Assistance 10. Approve Bolton & Menk Proposal for Engineering Services in the not to exceed amount of $38,000 for the 2024 Micro Surfacing Project 11. Approve the RL Larson Excavating, Inc. Pay Estimate No. 10 (Final) in the amount of $57,799.58 and increasing the project budget by $2,448 to $4,973,828 for the 2022 Foley Road, Isle Drive, and Forthun Road Improvements Project, City Improvement No. 4114 12. Approve the BNSF Invoices 90258785 in the amount of $4,197.60 and Invoice 90259254 in the amount of $901.86 for the 2022 TH 210 and Inglewood Drive Improvements Project, City Improvement No. 4121 13. Approve the Anderson Brothers Construction Partial Pay Estimate No. 10 in the amount of $99,498.22 for the 2022 TH 210 and Inglewood Drive Improvements Project, City Improvement No. 4121 14. Approve the Anderson Brothers Construction Company Change Order No. 3 in the increased amount of $46,591.12 for the 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements Project 15. Approve the Anderson Brothers Construction Company Partial Pay Estimate No. 4 in the amount of $1,709,949.32 for the 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements Project 16. Approve SEH Fee Amendment No. 5 in the Not to Exceed Amount of $95,500.00 for Additional Construction Phase Services and Amend the Project Budget in the Increased Amount of $113,380.00 for the 2023 Cypress Drive and Douglas Fir Drive Improvements Project 17. Approve the Kraemer Trucking & Excavating, Inc Change Order No. 5 in the increased amount of $20,035.50 for the 2023 Cypress Drive and Douglas Fir Drive Improvements Project 18. Approve the Kraemer Trucking & Excavating, Inc Partial Pay Estimate No. 6 in the amount of $492,424.29 for the 2023 Cypress Drive and Douglas Fir Drive Improvements project 19. Award Winter Tree Clearing Quote to Shawn Fletcher Trucking, Inc. in the Estimated Amount of $25,180.00 for 2024 South Forestview Improvements Project 11/21/2023 City Council Meeting Minutes Page 3 20. Approve the Widseth Proposal for Professional Design and Biddings Services for the 2024 Whiskey Creek Bridge Rehabilitation in the Not to Exceed Amount of $10,850 21. Approve the Widseth Agreement for Professional Engineering Services for the Lift Station 15 Reconstruction in the Not to Exceed Amount of $14,000.00. 22. Approve the Anderson Brother Construction Company of Brainerd, LLC Partial Pay Estimate No. 9 in the amount of $6,716.95 for the 2022 Full Depth Reclamation & Reconstruction Improvements Project, Municipal Project Number 4422. 23. Approve the Knife River Corporation – North Central Partial Pay Estimate No. 6 in the amount of $217,063.25 for the 2023 Knollwood Drive Improvements Project, Municipal Project Number 4132 24. Approve the Anderson Brothers Construction Company Change Order No. 1 revising the final completion date from October 2, 2023 to June 21, 2024 for the Lift Station No. 13 Reconstruction project. 25. Approve the Issuance of an On-sale Wine, On-sale 3.2 Beer, and Sunday Sales License for Brainerd Entertainment, LLP 26. Set Public Hearing Date for the Wellhead Protection Plan Part II for January 16, 2024 27. Accept the November 14, 2023 Planning Commission Meeting Minutes 28. Adopt Resolution 2023-079 approving a conditional use permit and a variance to allow the expansion of the drive-through for property located at 15222 Dellwood Drive 29. Adopt Resolution 2023-080 approving a conditional use permit to allow a structure to be moved onto a vacant lot located on the west side of Lynwood Drive (PID 40060825) 30. Adopt Resolution 2023-082 approving a variance to the fence height requirements for the Brainerd Public Utilities Solar Array located at 8027 Highland Scenic Drive 31. Approve Purchase of Canine Shuri and Misc. Equipment from City of Nisswa 32. Approve the 2023-2025 Audit Engagement with BerganKDV and Authorize Staff to Execute the Respective Engagement Letters MOTION by Council Member Cross, seconded by Council Member Tabatt to approve the Consent Agenda as amended. Motion carried unanimously. PULLED AGENDA ITEMS Council Member Cross asked to pull Consent Agenda item 30. According to the variance resolution, a building permit needs to be pulled prior to the construction of the fence. The proposed 8’ fence and berm will not meet the 90% screening requirements. Trent Hakenson, with Brainerd Public Utilities, explained this is the first-time hearing of the concerns and that he is happy to look into the concerns as he wants to be a good neighbor. 11/21/2023 City Council Meeting Minutes Page 4 MOTION by Council Member Lyscio, seconded by Council Member Tabatt to table the Adoption of Resolution 2023-082 approving a variance to the fence height requirements for the Brainerd Public Utilities Solar Array located at 8027 Highland Scenic Drive. Motion carried unanimously. Council Member Phillips asked to pull Consent Agenda item 3 to abstain from the vote. MOTION by Council Member Cross, seconded by Council Member Lyscio to Approve Appointments to the Seasonal Position of Warming House Attendant. Motion carried unanimously. OTHER BUSINESS 33. Certification of Delinquent Utility Bills, Invoices, and Abatement Charges - Hold Public Hearing at 7:00 p.m. or shortly thereafter - Adopt Resolution 2023-081, Adopting Assessments for Unpaid Delinquent Utility Bills, Invoices, and Abatement Charges Finance Director Vacinek explained the city has certified unpaid, delinquent utility bills to the property owner’s property taxes once or twice per year for collection the following year as authorized under state law. In addition, the city certifies unpaid invoices and services including those related to the rental inspection program and other outstanding nuisance abatement charges. As required, a notice of the public hearing when the certification will be considered is sent to the property owner. Finance Director Vacinek recommended the council open the public hearing for the certification of the unpaid invoices, abatements, and delinquent city utility bills for usage through July 2023. Upon completion of the public hearing, it is further recommended to adopt the proposed resolution certifying the unpaid delinquent utility bills and invoices to the 2024 property taxes of the respective parcels. Mayor Olson opened the public hearing at 7:18 p.m. and after hearing no public comments, closed the public hearing at 7:18:30 p.m. MOTION by Council Member Tabatt, seconded by Council Member Cross to Adopt Resolution 2023-081, Adopting Assessments for Unpaid Delinquent Utility Bills, Invoices, and Abatement Charges. Motion carried unanimously. COUNCIL COMMENTS 34. Connie Lyscio – Thanked Baxter police officers for their compassionate response to a medical call. 35. Zach Tabatt – No comment. 36. Jeff Phillips – No comment. 37. Mark Cross – Will not be in attendance at the December 4th truth in taxation hearing due to participating in a volunteer event. 38. Darrel Olson – Wished everyone a Happy Thanksgiving. CITY ADMINISTRATOR'S REPORT 11/21/2023 City Council Meeting Minutes Page 5 City Administrator Chapulis reminded everyone city hall is closed on Thursday and Friday in observance of the Thanksgiving holiday and that a special council meeting will be held on December 4th at 6 p.m. to conduct the truth in taxation hearing. CITY ATTORNEY'S REPORT No report. ADJOURN MOTION by Council Member Lyscio, seconded by Council Member Phillips to adjourn at 7:21 p.m. Motion carried unanimously. Approved by: Respectfully submitted, _____________________________ Darrel Olson Kelly Steele Mayor Assistant City Administrator