City Council Meeting

CITY COUNCIL MEETING MINUTES Wednesday, March 06, 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, Finance Director Jeremy Vacinek, 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 None. PUBLIC COMMENTS - Comments received from the public may be placed on a future meeting agenda for consideration. Jon Schloemer, 11769 River Vista Drive, explained he submitted a letter about assessments for the South Forestview Drive improvement project. Mr. Scholemer supports the proposed project, but objects to two assessments. Mr. Scholemer requests the deferred assessment classification be converted to a future connection charge classification. Mr. Scholemer is willing to enter into an agreement with the city to prevent his property from being split in the future. City Administrator Chapulis explained the assessment policy provides the ability of the council to form a subcommittee to review the proposed assessments, similar to what was done for the North Forestview Drive Improvement Project. A second request, similar to Mr. Schloemer’s, is expected to be received by the city. Council Members Lyscio and Cross served on the previous committee and are willing to serve on this committee. 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 20, 2024 2. Approve City Council Minutes from February 20, 2024 3/6/2024 City Council Meeting Minutes Page 2 3. Approve the Payment of Bills and Finance Report (Addendums A and A-1) 4. Approve the WSB 2024 General Engineering Contract 5. Approve Memorandum of Understanding between the City and CTC to allow for use of future right of way and easements in proposed development related to 2024 South Forestview Area Improvements project 6. Approve the Shawn Fletcher Trucking Inc. Change Order No. 1 for the Increased Amount of $17,040.00 for Additional Tree Clearing Related to 2024 South Forestview Area Improvements Project 7. Approve the Hiring of Megan Maurer as Intern for the Police Department MOTION by Council Member Cross, seconded by Council Member Lyscio to approve the Consent Agenda. Motion carried unanimously. PULLED AGENDA ITEMS Council Member Tabatt asked to pull item 4, Approve the WSB 2024 General Engineering Contract. Council Member Tabatt inquired if the city attorney has reviewed the contract and if the attorney is okay with the language regarding inclement weather. Public Works Director Walter explained the city attorney review and contract and her proposed changes have been incorporated into the contract. MOTION by Council Member Tabatt, seconded by Council Member Lyscio to approve the WSB 2024 General Engineering Contract. Motion carried unanimously. OTHER BUSINESS COUNCIL COMMENTS 8. Connie Lyscio – No comment. 9. Zach Tabatt – A resident inquired if the city could consider a boat ramp in the future for the South West Baxter property. Another resident expressed interest in having a new city hall built on the Whiskey Creek property as the improvement could create a downtown. Inquired if the city could plant some trees on the north side of Cypress Drive and in the median to create more interest. Inquired if staff can send a letter to ask the state legislators to not create a master zoning requirement and allow cities to have their own local zoning control. City Administrator Chapulis explained the League of Minnesota Cities has attended all of the legislative hearings and in the past the city has sent letters on our position on proposed legislation. Staff will draft a letter to send to the local legislators. 10. Jeff Phillips – No comment. 11. Mark Cross – No comment. 12. Darrel Olson – No comment. 3/6/2024 City Council Meeting Minutes Page 3 CITY ADMINISTRATOR'S REPORT City Administrator Chapulis explained he will contact Council Members Lyscio and Cross to schedule a subcommittee meeting to review the special assessment requests. City Administrator Chapulis explained the council will be entering into a closed session under Minnesota Statute 13d.05, subd. 3 (c), to discuss the purchase of property for PID 40190580 and Minnesota Statute 13D.05, subd. 3.(b) Attorney-Client Privilege to discuss ongoing litigation pertaining to the PIDs listed on the council agenda. MOTION by Council Member Cross, seconded by Council Member Phillips, to enter into a closed session at 7:17 p.m. Motion carried unanimously. CITY ATTORNEY'S REPORT 13. Closed Session Under Minnesota Statue 13D.05, subd. 3 (c), Purchase of Property: PID 40190580 14. Closed Session under Minnesota Statute 13D.05, subd. 3(b) Attorney-Client Privilege – On-going Litigation Pertaining to PID # 40170621 & 40080712 MOTION by Council Member Cross, seconded by Mayor Olson to return to an open session at 7:49 p.m. Motion carried unanimously. City Administrator Chapulis explained the council will not be taking action on item 14 at this time and will continue to work through the legal process. MOTION by Council Member Cross, seconded by Council Member Phillips to authorize approval of the purchase agreement for PID 40190580 and adjust the purchase price from $10,000 to $12,000. Motion carried unanimously. ADJOURN MOTION by Council Member Cross, seconded by Council Member Lyscio to adjourn at 7:50 p.m. Motion carried unanimously. Approved by: Respectfully submitted, _____________________________ Darrel Olson Kelly Steele Mayor Assistant City Administrator