City Council Meeting

CITY COUNCIL MEETING MINUTES Tuesday, February 20, 2024 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 Assistant Police Chief Matt Maier 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 items 7 and 8 were duplicated and have been corrected to reflect item 7 as a change order and item 8 as a partial pay estimate. PUBLIC COMMENTS - Comments received from the public may be placed on a future meeting agenda for consideration. Jon Ring, 10800 Red River, asked the council to pull item 16. 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 February 6, 2024 2. Approve City Council Minutes from February 6, 2024 3. Approve the Payment of Bills and Finance Report (Addendums A and A-1) 4. Approve Permit for Retail Sales of Fireworks for Fleet Farm and Menards for the period of May 1, 2024 through April 30, 2025. 5. Accept the Utilities Commission Minutes from February 7, 2024 2/20/2024 City Council Meeting Minutes Page 2 6. Approve the Anderson Brothers Construction Company of Brainerd, LLC Partial Pay Estimate No. 7 in the amount of $16,508.64 for the 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements Project 7. Approve the Kraemer Trucking & Excavating, Inc Change Order No. 6 in the increased amount of $337,614.13 and Amend the Project Budget by the Project Engineer Estimated Amount of $240,250.44 for the 2023 Cypress Drive and Douglas Fir Drive Improvements project 8. Approve the Kraemer Trucking & Excavating, Inc Partial Pay Estimate No. 8 in the amount of $246,490.01 for the 2023 Cypress Drive and Douglas Fir Drive Improvements project 9. Approve Amendment No.1 for the Construction and Maintenance Cost Share Agreement Between Crow Wing County, MN and the City of Baxter, MN for County Project S.A.P. 018-648-014, City Project S.A.P. 230-020-002 CSAH 48 / Cypress Drive Intersection Improvements 10. Approve the Knife River Corporation – North Central Pay Estimate 8 in the amount of $2,239.65 and Amend the project budget from $2,212,841.26 to $2,376,379.04 for the 2023 Knollwood Drive Improvements Project, Municipal Project Number 4132 11. Adopt Resolution 2024-014 Approving Plans and Specification and Authorize Advertisement for Bids contingent on City Engineer final review for the 2024 Mill & Overlay and Full Depth Reclamation Improvements Project, Municipal Project No. 4424 12. Approve the Feasibility Report for the 2025 Ironwood Drive Extension Improvements, Municipal Project No. D2397A 13. Approve the SEH Professional Services Contract in the Not to Exceed Amount of $26,225.00 for the 2024 Well Rehabilitation project 14. Approve the Widseth Contract Amendment in the Amount of $500 for Professional Engineering and Environmental Services for the Evergreen Drive Property Improvements – Wetland Mitigation and Increasing the Contract Amount From $7,000 to Not to Exceed Amount of $7,500. 15. Accept the 2024 City Hall Site Assessment Study 16. Approve Resolution 2024-020 Authorizing the Submission of Grant Applications for the Baxter / Sylvan Township Community Trail Grant Project 17. Approve a Peddler License for Renewal by Anderson 18. Adopt Resolution 2024-021 Declaring Cost to Be Assessed and Ordering Preparation of Proposed Assessment for the 2024 South Forestview Improvements Project, Municipal Project No. 4138 19. Adopt Resolution 2024-022 Ordering a Hearing on Proposed Assessment for the 2024 South Forestview Improvements Project, Municipal Project No. 4138 20. Accept the February 13, 2024 Planning Commission Meeting Minutes 21. Adopt Ordinances 2024-002 and 2024-003 and Resolution 2024-016 amending a PUD to allow a second free standing sign for property located at 15616 Edgewood Drive 2/20/2024 City Council Meeting Minutes Page 3 22. Adopt Ordinances 2024-004 and 2024-005 and Resolution 2024-018 approving a zoning ordinance text amendment to amend the City’s architectural ordinance 23. Adopt Resolution 2024-017 approving variances to the City’s Architectural Design Standards and to the setback requirements for property located at 15244 State Highway 371 24. Adopt Resolution 2024-019 approving a Conditional Use Permit for forestland conversion to allow tree clearing on property located at the southeast corner of Dellwood Drive and Novotny Road MOTION by Council Member Cross, seconded by Council Member Tabatt to approve the consent agenda. Motion carried unanimously. PULLED AGENDA ITEMS Council Member Cross asked to pull item 16. Public Works Director Walter asked to pull item 18. Council Member Tabatt asked to pull item 19. 16. Approve Resolution 2024-020 Authorizing the Submission of Grant Applications for the Baxter / Sylvan Township Community Trail Grant Project City Administrator Chapulis explained the council discussed grant opportunity most recently on February 6th. At the conclusion of the discussion the council directed staff to prepare necessary documentation to pursue Option A and additional land acquisition of the various capital improvements presented on January 16th. On January 16th the council heard a presentation from Todd Holman of the Nature Conservancy related to a federal fund grant opportunity to aid in trail development. Mr. Holman’s presentation provided a trail for the city’s west boundary over to Paris Road creating an entrance into the Mississippi River Overlook Park. Tonight’s resolution is based on Option A which is extending the trail from its current location at Jasperwood and carrying it over into and creating a new entry into Mississippi River Overlook Park. There is a shared interest with Sylvan Township to continue the trail through the township to the county line. The council was not comfortable with the full trail construction request and directed staff to prep documents related to phase one. Phase one is carrying the trail from Jasperwood heading into the park and extending Paris Road to be the entry into Mississippi River Overlook Park. The current access is on Oakdale with an easement down private property to get the powerline corridor. Jon Ring, 10800 Red River Drive, explained his interest is in Red River Drive, which is still a problem as identified in his September 2022 letter to the council. The consultant mentioned there would be funding to construct a public road to Red River Drive. Mr. Ring previously requested staff notify him when projects in the Red River Drive area are discussed. His property is accessed by private property, and he has asked to move the road to the west which would be on city owned property. There are safety concerns on Red River Drive and he would like to see improvements as a priority. Dain Barrett, 4650 Brentwood Road, explained he owns property in the project area and did not receive any communication from the city about the project. There are a lot of people that think private property is public property and something needs to be done. Mr. Barrett deer hunts his property and inquired how his ability to hunt will change with the construction of the trail. Mr. Barrett expressed concerns of officer and DNR response to people hunting his private property. City Administrator Chapulis explained the properties identified in red on the map are properties the city would have to purchase for the construction of the trail. 2/20/2024 City Council Meeting Minutes Page 4 Public Works Director Walter explained the southwest Baxter study went through a public process and everyone was notified, and that tonight’s conversation is based on the results of that process. Dean Renneke, 6151 Paris Road, inquired if city water would be installed. Mr. Renneke has easements across his properties and he proposes falling the 66’ easement across his property for the trail and do not extend Paris through his property. The current proposal will reduce the value of his river lot properties and the city will have to pay a lot for this. Todd Holman, Mississippi Headwaters Program Director and Coordinator of the Camp Ripley Sentinel Landscape Program for the Nature Conservancy, explained grant process. City Administrator Chapulis explained the city is asking for council approval to submit the grant application. If the project is awarded funding, then there will be further discussions on the project. MOTION by Council Member Lyscio, seconded by Council Member Phillips to approve Resolution 2024-020 Authorizing the Submission of Grant Applications for the Baxter / Sylvan Township Community Trail Grant Project. Motion carried unanimously. Council Member Phillips asked for a council work session discussion to discuss the police department and issues such as hunting raised by Mr. Barrett. 18. Adopt Resolution 2024-021 Declaring Cost to Be Assessed and Ordering Preparation of Proposed Assessment for the 2024 South Forestview Improvements Project, Municipal Project No. 4138 Public Works Director Walter asked to change the resolution dollar amounts for total project costs and city costs on the project. Scott Hedlund, with SEH, explained the reason for the change is due to a recent meeting with CTC. The change is requesting to increase the project budget by $64,600 and is due to allocating costs related to the development discussion and plan related to the CTC development. The costs are for clearing and grubbing and engineering. This will provide a staging area for the improvement project and will not require the project contractor to use the recently improved north Forestview streets for this project. The council discussed why the city is providing clearing and grubbing for a private development. Public Works Director Walter explained the city will save wear on the north Forestview streets. MOTION by Mayor Olson, seconded by Council Member Lyscio to adopt Resolution 2024-021 Declaring Cost to Be Assessed and Ordering Preparation of Proposed Assessment for the 2024 South Forestview Improvements Project, Municipal Project No. 4138. Motion carried with Council Members Lyscio, Phillips, Cross and Mayor Olson voting yes. Council Member Tabatt abstained. 19. Adopt Resolution 2024-022 Ordering a Hearing on Proposed Assessment for the 2024 South Forestview Improvements Project, Municipal Project No. 4138 Council Member Tabatt asked to pull this agenda item to abstain from the vote. MOTION by Council Member Lyscio, seconded by Council Member Phillips to adopt Resolution 2024-022 Ordering a Hearing on Proposed Assessment for the 2024 South Forestview Improvements Project, Municipal Project No. 4138. Motion carried with Council Members Lyscio, Phillips, Cross and Mayor Olson voting yes. Council Member Tabatt abstained. OTHER BUSINESS COUNCIL COMMENTS 2/20/2024 City Council Meeting Minutes Page 5 25. Connie Lyscio – Expressed sympathy for the first responders and officers and want them to know how much they are appreciated. 26. Zach Tabatt – No comment. 27. Jeff Phillips – No comment. 28. Mark Cross - No comment. 29. Darrel Olson – Thanked staff for their efforts during this busy time. CITY ADMINISTRATOR'S REPORT City Administrator Chapulis reminded the council of the Chamber Eggs and Issue event scheduled for March 1st. CITY ATTORNEY'S REPORT None. ADJOURN MOTION by Council Member Tabatt, seconded by Council Member Lyscio to adjourn at 8:40 p.m. Motion carried unanimously. Approved by: Respectfully submitted, _____________________________ Darrel Olson Kelly Steele Mayor Assistant City Administrator