City Council Meeting

CITY COUNCIL MEETING MINUTES Tuesday, May 21, 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, Community Development Director Josh Doty, Police Chief Jim Exsted, Public Works Director Trevor Walter and Finance Director Jeremy Vacinek were present. PLEDGE OF ALLEGIANCE All joined Mayor Olson in reciting the Pledge of Allegiance. PRESENTATIONS 1. Visit Brainerd – Mary Devine Johnson Mary Devine Johnson presented an update on the efforts of Visit Brainerd. Council Member Phillips asked Ms. Devine Johnson various operation questions. Ms. Devine Johnson welcomed any suggestions regarding Visit Brainerd. ADDITIONS OR CHANGES TO THE AGENDA City Administrator Chapulis explained Blazing Fired Foods liquor license approval, contingent upon a background check, has been added to item number 5; the Utilities Commission minutes have been corrected to reflect the correct zoning requirements contained in the city code; the resolution for the public safety grant has been added to item number37; the assessment waiver agreement under item 39 has been updated to list the correct county; and item number 25 has been updated to reflect the correct project number 4135. PUBLIC COMMENTS - Comments received from the public may be placed on a future meeting agenda for consideration. John Ward, 11442 Forestview Drive, explained he would like to provide an update of the Forestview Road project from a resident’s point of view. Mr. Ward thanked Neil and Shane with SEH, Matt with RL Larson and both Trevor’s on city staff for doing a great job with communication. Resident’s mailboxes were moved without being informed of the move. Mr. Ward inquired if he could make public comments on the rezoning agenda item. Mr. Ward was informed he can provide comments when the agenda item is considered. 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: 5/21/2024 City Council Meeting Minutes Page 2 2. Approve City Council Work Session Minutes from May 7, 2024 3. Approve City Council Minutes from May 7, 2024 4. Approve the Payment of Bills and Finance Report (Addendum A) 5. Approve the Issuance of Liquor Licenses for the Licensing Period of July 1, 2024 through June 30, 2025 6. Approve Transfer of On-Sale Intoxicating and Sunday Sales Liquor License from USH Brainerd Ventures, Arrowwood Lodge to YBR Properties Baxter LLC 7. Approve Temporary Liquor License for the Brainerd Jaycees Special Event at Mills Motor, Inc. 8. Approve Lawful Gambling Permit for Lakes Area Senior Activity Center to Conduct Lawful Gambling at Jack Pine Brewery 9. Reschedule the Tuesday, August 6, 2024 Council meeting to Wednesday, August 7, 2024 and the Wednesday, August 7, 2024 Utilities Commission meeting to Thursday, August 8, 2024 10. Schedule the Annual Storm Water Public Informational Meeting for Tuesday, June 4, 2024, at 7:00 p.m. or shortly thereafter 11. Approve Amendments to Data Practice Policy 12. Adopt Resolution 2024-048 Approving the Sale of Lot 6, Block 2, Cedar Scenic Second Addition and Authorize the Mayor to Execute All Necessary Documentation Related to the Sale 13. Accept the Utilities Commission Minutes from May 8, 2024 14. Approve Sure Grace LLC Stormwater Facilities Maintenance Agreement with Access Rights and Covenants 15. Approve Kwik Trip Inc Escrow Agreement for Inspection Services and Asbuilts 16. Approve Kwik Trip Limited Use Agreement 17. Approve Stormwater Facilities Maintenance Agreement with Access Rights and Covenants for Kwik Trip 18. Approve the BNSF Invoice No. 90266369 in the amount of $19,909.55 for the 2022 TH 210 and Inglewood Drive Improvements Project, Municipal Project No. 4121 19. Approve the BNSF Invoice No. 90266709 in the amount of $130.10 for the 2022 TH 210 and Inglewood Drive Improvements Project, Municipal Project No. 4121 20. Approve the Anderson Brothers Construction Change Order No. 5 in the increased amount of $52,983.27 for the 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements Project 21. Approve the Jet Line Sales & Service, LLC Contract in the amount of $1,757.00 for the 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements Project 5/21/2024 City Council Meeting Minutes Page 3 22. Approve the RL Larson Excavating, Inc. Change Order No. 1 in the amount of $47,477.90 for the 2024 South Forestview Improvements Project, Municipal Project No. 4138 23. Approve RL Larson Excavating, Inc Partial Pay Estimate No. 1 to. in the amount of $413,775.45 for the 2024 South Forestview Area Improvements Project, Municipal Project No. 4138 24. Approve the Widseth Proposal for Construction Administration Services in the Not to Exceed Amount of $487,800.00 for the 2024 Mill & Overlay and Full Depth Reclamation Improvements Project, Municipal Project No. 4424 25. Approve the Widseth Contract Amendment for Professional Engineering Service in the Not to Exceed Amount of $152,200.00 for the 2025 Design Road & TH 371 Stormwater Improvements Project, Municipal Project No. 4312 26. Approve the Widseth Fee Amendment Proposal for Professional Services in the Not to Exceed Amount of $53,014.00 for the 2025 Mill & Overlay and Full Depth Reclamation Improvements Project, Municipal Project No. 4425 27. Accept the CCS Contracting, Inc. Lump Sum Bid in the Amount of $97,200 for the Lift Station No. 15 Reconstruction Project. 28. Accept the May 14, 2024 Planning Commission Meeting Minutes 29. Adopt Resolution 2024-051 approving the Preliminary and Final plat of Brandon Corner 30. Adopt Resolutions 2024-046 & 2024-047 approving the Preliminary and Final plat of Perk Place and Conditional Use Permits for Motor Fuel Sales and a Drive-through Carwash and a Variance to the drive-through stacking standards 31. Approve Mike Miller’s Roofing and Siding L.L.C. Contract Agreement in the Amount of $19,230.00 to Replace and Repair the Roof of the Restroom at Berrywood Park. 32. Approve Amendment #2 to the Whiskey Creek Joint Powers Agreement 33. Approve Brinks Wetland Services LLC to complete a Wetland Delineation in the amount of $3,500 for the Baxter Dog Park Site on Clearwater Road 34. Adopt Title VI Assurances and Policy documents 35. Adopt Resolution Authorizing Execution of Agreement with MN Department of Public Safety, for a Traffic Safety Grant MOTION by Council Member Cross, seconded by Council Member Lyscio to approve the consent agenda as amended. Motion carried unanimously. PULLED AGENDA ITEMS OTHER BUSINESS 36. Adopt Resolutions 2024-049 and 2024-050 and Ordinance 2024-011 approving a Rezone from R-1, Low Density Single Family to R-1A Medium Density Single Family and the Preliminary and Final plat of Forestview Acres 5/21/2024 City Council Meeting Minutes Page 4 Community Development Director Doty explained the applicant is requesting approval of a rezoning and preliminary and final plat for a 11.42 acre site on the west side of Forestview Drive, between Parkview Circle and Maryland Road. The rezoning request is from R-1 Low Density Residential to R-1A Medium Density Single Family Residential. The Preliminary and Final Plat is to allow Forestview Acres to create 25 single family lots. The subject property is presently platted as one elongated property located along the west side of Forestview Drive. The applicant is proposing to rezone the property to allow R-1A lots, which are a minimum of 80-feet wide and 12,500 feet in lot area. No outlots or phasing is proposed with the subject development. The city is completing a street reconstruction improvement project this year which will provide municipal utilities to the subject property. On May 14, 2024, the Planning Commission held a public hearing on this application. The commission heard comments from neighbors regarding assessments, mass grading, and tree clearing. The commission voted on a motion to approve the rezoning and preliminary and final plat application. The vote failed and city staff instructed the commission no further motion was needed. As a result, the commission forwarded this item to the council without a formal recommendation. After the planning commission public hearing, the applicant revised their plans for tree removal and tree clearing. The purpose of the change was to reduce the amount of grading and tree clearing due to the neighborhood feedback. When asked by Mayor Olson, the applicant and the council had no questions. Amy Dirkes, 6587 Riverwood Road, explained she spoke at the planning commission meeting in opposition to the project and appreciates the developer making changes to the plans though she still has concerns with how the development is being proposed. The proposed patio homes are not supported with the topography of the property due to the amount of fill that is required. Ms. Dirkes suggested the council support R1 zoning now while still possible due to future legislation that may not allow the zoning. Ms. Dirkes suggested if the council approves the project, they should require the developer to preserve the topography of the lot. John Ward, 11442 Forestview Drive, encouraged all neighbors to voice their concerns about the project. Mr. Ward thanked the planning commission for listing to the neighborhood comments and for voting no. Mr. Ward questioned the purpose of a commission if the council doesn’t follow their recommendations. Mr. Ward questioned why this is the first R-1A in Baxter and why it is now. The additional special assessments should be returned to the Forestview Drive property owners. Mr. Ward questioned the number of proposed homes that will be rented. Judith Andersen, 6501 Parkview Circle, asked the council about receiving a special assessment rebate and explained they purchased their home to not see into their neighbors’ windows and to watch the wildlife. Ms. Anderson encouraged the council to view the neighborhood before approving the plans. Darin Dirkes, 6587 Riverwood Road, explained if the clearcut happens, the city should consider a sound barrier because there will be an impact on the neighborhood. The neighborhood does not have rentals and 25 rental homes are a business. The number of trucks that will be needed for the grading process will cause damage to the road. 5/21/2024 City Council Meeting Minutes Page 5 Rob Norgon, 11472 Forestview Drive, is not happy with the proposed change and does not think higher density and rentals fit the area. Jim Kramer, representing the applicant, explained the planning commission did not make a recommendation on this and it never came to a conclusion. When you look at the overall density, this development has larger lots than R1 zoning and it is making the development more efficient. Mr. Kramer explained he does not agree with the amount of fill that Ms. Dirkes suggested will be needed. The development will start at the north end of the property and develop to the south. All of the homes will be similar in look and there will not be a residential owner onsite. John Ward, 11442 Forestview Drive, questioned Mr. Kramer’s statement that the development is an efficient use of the existing infrastructure. Amy Dirkes, 6587 Riverwood Road, disagreed with Mr. Kramer’s grading estimate and suggested the property should be developed in a manner that makes sense with the property. Council Member Cross explained he doesn’t remember seeing patio homes in the Forestview neighborhood and 25 rental homes changes the character of the neighborhood. The proposed R-1A zoning does not fit the existing character of the neighborhood. Council Member Lyscio explained the need to increase the amount of affordable housing in Baxter. Council Member Tabatt expressed concerns with the legal findings of trying to restrict the number of rentals, grading, and tree removal when legally allowed. Community Development Director Doty explained the city does not have a rule on how many trees can be removed and the amount of grading the developer can perform. Mayor Olson explained the city attorney was unable to attend the meeting but did provide a legal option. The council should consider if the proposed use meets the zoning requirements. Community Development Director Doty explained if the council chose to deny the application, they must develop very clear standards of findings to not support the rezoning. Council Member Phillips explained if the middle housing bill passes next year, the property could be developed with apartment complexes. MOTION by Council Member Tabatt, seconded by Council Member Phillips to Adopt Resolutions 2024-049 and 2024-050 and Ordinance 2024-011 approving a Rezone from R-1, Low Density Single Family to R-1A Medium Density Single Family and the Preliminary and Final plat of Forestview Acres. Motion carried with Council Members Lyscio, Tabatt and Phillips and Mayor Olson voting yes and Council Member Cross voting no. 37. Vacate all drainage and utility easements dedicated on Lot 1, Block 3, Forestview Drive Trail 1) PUBLIC HEARING at 7:00 p.m. or shortly thereafter 2) Adopt Resolution 2024-054 vacating all drainage and utility easements dedicated on Lot 1, Block 3, Forestview Drive Trail, according to the recorded plat thereof, Crow Wing County, Minnesota 5/21/2024 City Council Meeting Minutes Page 6 Mayor Olson opened the public hearing at 8:55 p.m. and after hearing no public comments, closed the public hearing at 8:55:30 p.m. MOTION by Council Member Tabatt, seconded by Council Member Lyscio to Adopt Resolution 2024- 054 vacating all drainage and utility easements dedicated on Lot 1, Block 3, Forestview Drive Trail, according to the recorded plat thereof, Crow Wing County, Minnesota. Motion carried unanimously. 38. Vacate all drainage and utility easements dedicated on Lot 5, Block 2 and Outlot A, College Pines Office Park 1) PUBLIC HEARING at 7:00 p.m. or shortly thereafter 2) Adopt Resolution 2024-053 vacating all drainage and utility easements dedicated on Lot 5, Block 2 and Outlot A, College Pines Office Park, according to the recorded plat thereof, Crow Wing County, Minnesota Community Development Director Doty explained the request is for the office park to vacate and reestablish easements. Mayor Olson opened the public hearing at 8:56 p.m. and after hearing no public comments closed the public hearing at 8:56:30 p.m. MOTION by Council Member Lyscio, seconded by Council Member Tabatt to Adopt Resolution 2024- 053 vacating all drainage and utility easements dedicated on Lot 5, Block 2 and Outlot A, College Pines Office Park, according to the recorded plat thereof, Crow Wing County, Minnesota. Motion carried unanimously. 39. Adopt Resolution 2024-052 Approving the Northridge Investments, LLC Assessment Waiver Agreement for the 2024 South Forestview Area Improvements Project, Municipal Project No. 4138 City Administrator Chapulis explained staff coordinated with a developer who is interested in revamping lot layouts along Forestview Drive to construct single family homes on the vacant parcel. The developer is interested in rezoning and replating the parcel which would result in 25 lots, or 5 additional lots than what the current zoning would allow. The proposed agreement would allow the 5 additional ERU assessments to be levied against the property and includes provisions that do not allow the property owner to appeal the assessment. MOTION by Council Member Tabatt, seconded by Council Member Lyscio to Adopt Resolution 2024-052 Approving the Northridge Investments, LLC Assessment Waiver Agreement for the 2024 South Forestview Area Improvements Project, Municipal Project No. 4138. Motion carried unanimously. COUNCIL COMMENTS 40. Connie Lyscio – Congratulated all graduates and reminded everyone to beware of traffic. 41. Zach Tabatt – No comment. 42. Jeff Phillips – Offered thanks for holding the council retreat and explained there is more for the council to discuss and that it could be rolled into a future work session. Explained he wished the 5/21/2024 City Council Meeting Minutes Page 7 council would have prioritized the items presented by staff in a work plan and would like to keep the city hall and community center discussion ongoing. 43. Mark Cross – No comment. 44. Darrel Olson -Explained he attended the public hearing, and the council considers the public comments. CITY ADMINISTRATOR'S REPORT City Administrator Chapulis reminded the council of the special utilities commission meeting scheduled for tomorrow at 5:30 p.m. to further discuss the well rehab project and Thursday is the 2024 Mill and Overlay kick off meeting with the residents and construction crew. CITY ATTORNEY'S REPORT No report. ADJOURN MOTION by Council Member Tabatt, seconded by Council Member Lyscio to adjourn at 9:03 p.m. Motion carried unanimously. Approved by: Respectfully submitted, _____________________________ Darrel Olson Kelly Steele Mayor Assistant City Administrator