City Council Meeting

CITY COUNCIL MEETING MINUTES Tuesday, December 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 7:06 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 explained Other Business item 15, a variance request for 8027 Highland Scenic Drive, was tabled at the last council meeting. The item has been added to tonight’s agenda after the publication of the agenda. 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 November 15, 2023 2. Approve City Council Work Session Minutes from November 21, 2023 3. Approve City Council Minutes from November 21, 2023 4. Approve the Payment of Bills and Finance Report (Addendum A) 5. Accept the Parks and Trails Commission Minutes from November 27, 2023 6. Approve 2024 Meeting Calendar for City Council and Commissions 12/5/2023 City Council Meeting Minutes Page 2 7. Accept a $3,000 Donation from the Brainerd Baxter Baseball Association for the 2023 Baseball Tournaments 8. Accept Donation From BKC/Petrikat Fund for Dogs to K9 Program 9. Adopt Resolution 2023-083 Setting the 2024 Fee Schedule 10. Adopt Resolution 2023-084 Approving the 2024 Property Tax Levy of $8,896,700 11. Adopt Resolution 2023-085 Approving the 2024 Budget of $23,490,700 12. Adopt Resolution 2023-087, Approving Lawful Gambling Permit for the Brainerd Amateur Hockey Association to Conduct Lawful Gambling at Grizzly’s, Poncho and Lefty’s, and Boulder Tap House 13. Approve an Assessment Agreement with Gary and Janice Handlos for Parcel 40130695 14. Approve Purchase of Network Infrastructure Equipment from Evolving Solutions MOTION by Council Member Cross, seconded by Council member Lyscio to approve the consent agenda. Motion carried unanimously. PULLED AGENDA ITEMS OTHER BUSINESS 15. Variance to fence height requirements to allow a screen fence for the Brainerd Public Utilities Solar Array located at 8027 Highland Scenic Drive (city file 2023-38) Community Development Director Doty explained the council tabled action on the variance request at the November 21, 2023 meeting due to questions raised about why the fence was already constructed and why the solar poles were visible above the fence. After the meeting staff learned the poles were not pounded down all the way to set their elevation. Additionally, there is a view of the solar array from the neighboring home to the east over a portion of the north segment of the 6’ fence. Brainerd Public Utilities has proposed to expand the 8’ fence screen for the entire northerly stretch of fencing. Staff finds the revised site plan will comply with the 90% screening requirement for the solar array project. Council Member Cross explained this is a good solution to the concerns raised and inquired the estimated duration of installing the poles. Todd Wicklund, with Brainerd Public Utilities, explained the contractor should have the poles installed in the next few weeks. MOTION by Council Member Cross, seconded by Council Member Lyscio to approve the Variance to fence height requirements to allow a screen fence for the Brainerd Public Utilities Solar Array located at 8027 Highland Scenic Drive (city file 2023-38). Motion carried unanimously. COUNCIL COMMENTS 16. Connie Lyscio – Thanked the parks and trails commission for their work on the dog park. The annual Baxter holiday lighting contest will be held again this year. Details of the contest will be in an upcoming Brainerd Dispatch article. 12/5/2023 City Council Meeting Minutes Page 3 17. Zach Tabatt -Would like to see the pedestrian bridge become a higher priority due to the recent pedestrian fatality at Woida Road and TH 371. 18. Jeff Phillips – Thanked city staff for their work on the budget. Explained the City of Baxter operates very efficiently and does not receive local government aid as other cities do. 19. Mark Cross – Explained Pete Petrikat was lost in a car crash along with his dog. A portion of Mr. Petrikat’s estate is dedicated for dog programs, such as the city’s K9 program. It is good to see the funds are going to a good use. 20. Darrel Olson – Inquired when the silent railroad crossing will go into effect. Public Works Director Walter explained due to some issues, the silent crossing will not go into effect until the middle of next summer. The original goal was to have everything in place by the end of this year. CITY ADMINISTRATOR'S REPORT City Administrator Chapulis explained time has been set aside under his report to continue the discussion from the work session on special assessments. Staff is looking for council directive to allow Widseth to make adjustments related to the feasibility report and to have the report on the December 19th council agenda for council approval. This will keep the project on schedule for 2024. The council consensus is to draft the feasibility report with a 20% discount to the FDR assessments related to the striping. The council would like to have further discussion on special assessments. Brainerd Public Utilities sent a delegation agreement for the wastewater treatment plant to the MPCA. Staff is working with the city attorney to draft a response and to send it by Friday of next week to Brainerd Public Utilities. CITY ATTORNEY'S REPORT 21. Closed Session Under Minnesota Statue 13D.05, subd. 3 (c), Purchase of Property: PID 40190535 MOTION by Council Member Cross, seconded by Council Member Phillips to enter into a closed session at under Minnesota Statute 13D.05, subd. 3(c) for purchase of property at 7:24 p.m. Motion carried unanimously. MOTION by Council Member Cross, seconded by Council Member Lyscio to return to an open session at 7:36 p.m. Motion carried unanimously. MOTION by Council Member Cross, seconded by Council Member Phillips to accept the purchase of an easement from John and Sally Wardfor PID 40190535. Motion carried unanimously. ADJOURN MOTION by Council Member Lyscio, seconded by Council Member Tabatt to adjourn at 8:39 p.m. Motion carried unanimously. Approved by: Respectfully submitted, _____________________________ 12/5/2023 City Council Meeting Minutes Page 4 Darrel Olson Kelly Steele Mayor Assistant City Administrator