City Council Meeting

CITY COUNCIL MEETING MINUTES Tuesday, June 18, 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, Police Chief Jim Exsted, Public Works Director Trevor Walter, Community Development Director Josh Doty, and Finance Director Jeremy Vacinek 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 the council meeting minutes cover reports have been updated to reflect the correct date of June 4, 2024; Smokeys and Speedway have been added to the list of businesses for approval of a tobacco license; Speedway has been added to the list of businesses for approval of a liquor license; and the three Other Business items have been revised to reflect updated information. 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 Work Session Minutes from June 4, 2024 2. Approve City Council Minutes from June 4, 2024 3. Approve the Payment of Bills and Finance Report (Addendum A) 4. Approve the Issuance of Tobacco Licenses for the Licensing Period of July 1, 2024 through June 30, 2025 6/18/2024 City Council Meeting Minutes Page 2 5. Approve the Issuance of Liquor Licenses for the Licensing Period of July 1, 2024 through June 30, 2025 for Dough Bros, China Garden and Speedway 6. Appoint Election Judges for the August 13, 2024, Primary Election and November 5, 2024, General Election 7. Approve 3-Year Transit Service Agreement with the City of Brainerd 8. Accept the Utilities Commission Minutes from June 5, 2024 9. Approve the Anderson Brothers Construction Company Change Order No. 6 to extend the Final Completion date to July 26th 2024 for the 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements Project 10. Approve the Anderson Brothers Construction Company of Brainerd, LLC Partial Pay Estimate No. 8 in the amount of $47,754.08 for the 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements Project 11. Approve RL Larson Excavating, Inc Partial Pay Estimate No. 2 in the amount of $1,385,757.78 for the 2024 South Forestview Area Improvements Project, Municipal Project No. 4138 12. Approve the SEH Professional Services Contract in the Not to Exceed Amount of $31,200.00 for the 2024 Well Replacement Exploration 13. Approve the J.R. Ferche, Inc. Partial Pay Estimate No. 4 in the amount of $217,254.91 for the Whiskey Creek Stormwater Improvements Project, Municipal Project Number 200292 14. Approve Anderson Brothers Construction Change Order No. 4 in the amount of $75,022.27 for 2022 Trunk Highway 210 & Inglewood Drive Railway Crossing Improvements Project, Municipal Project No. 4121 15. Approve the Knife River Corporation – North Central Change Order No. 1 in the Increased Amount of $58,796.62 for the 2024 Mill & Overlay and Full Depth Reclamation Improvements Project, Municipal Project Number 4424 16. Approve the Knife River Corporation – North Central Pay Estimate 1 in the amount of $96,041.91 for the 2024 Mill & Overlay and Full Depth Reclamation Improvements Project, Municipal Project Number 4424 17. Approve the Anderson Brothers Construction Company of Brainerd, LLC Pay Estimate 1 in the amount of $168,513.56 for the Lift Station 13 Reconstruction Project. 18. Adopt Resolution 2024-059 Approving the Sale of Lot 12, Block 1, Northdale Sixth Addition and Authorize the Mayor to Execute All Necessary Documentation Related to the Sale 19. Accept Planning Zoning Commission Minutes from June 11, 2024 20. Adopt Resolutions 2024-056 and 2024-057 approving conditional use permits and variances for Menards at 15236 Dellwood Drive 21. Adopt Resolution 2024-058 approving a Conditional Use Permit allowing a garage to deviate from the size and design standards for property located at 13239 Mile Lake Drive 6/18/2024 City Council Meeting Minutes Page 3 22. Adopt Updated 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 23. Adopt Resolution 2024-060 Approving Petition and Waiver Agreements for 2024 CSAH 77 Utility Improvements Project, Municipal Project Number 4118 Public Works Director Walter explained if the city elects to move forward with the project, all three other business items should be approved and if not moving forward none of the items should be approved. The city has received petitions and waiver agreements from four property owners. The Olson’s have not provided a signed agreement. Because the city doesn’t have petitions from all property owners, the city will have to hold an assessment hearing. MOTION by Council Member Cross, seconded by Council Member Lyscio to Adopt Resolution 2024-060 Approving Petition and Waiver Agreements for 2024 CSAH 77 Utility Improvements Project, Municipal Project Number 4118. Motion carried unanimously. 24. Adopt Resolution 2024-061 Ordering Improvement and Preparation of Plans for the 2024 CSAH 77 Utility Improvements Project, Municipal Project Number 4118 MOTION by Council Member Lyscio, seconded by Council Member Tabatt to Adopt Resolution 2024-061 Ordering Improvement and Preparation of Plans for the 2024 CSAH 77 Utility Improvements Project, Municipal Project Number 4118. Council Member Tabatt inquired if the applicant would like to speak. Bob Sullivan, the applicant, provided a history of the property. Mayor Olson explained property owners can still appeal the special assessment. Motion carried unanimously. 25. Adopt Resolution 2024-062 Approving Plans and Specifications and Authorize Advertisement for Bids for the 2024 CSAH 77 Utility Improvements Project, Municipal Project No. 4118 MOTION by Council Member Tabatt, seconded by Council Member Lyscio to Adopt Resolution 2024-062 Approving Plans and Specifications and Authorize Advertisement for Bids for the 2024 CSAH 77 Utility Improvements Project, Municipal Project No. 4118. Motion carried unanimously. COUNCIL COMMENTS 26. Connie Lyscio – Explained City Administrator Chapulis did a great job explaining the Whiskey Creek project on the radio and the contractors performing the street improvements have been very polite. 27. Zach Tabatt – No comment. 6/18/2024 City Council Meeting Minutes Page 4 28. Jeff Phillips – No comment. 29. Mark Cross – No comment. 30. Darrel Olson -Explained the city’s roundabouts are looking very beautiful and staff is doing a great job maintaining them. Mayor Olson asked Public Works Director Walter to provide an update on the silent railroad crossing project. Public Works Director Walter explained the quite zone improvement work was completed last week and a notice was submitted to the railroad. The railroad will inspect the improvements and if they find no issues, within 30-60 days they should establish the quite zones. Hopefully this process will be completed by early September. The city will be required to inspect the quite zones annually and submit a report to the railroad. The railroad will complete inspections every five years. CITY ADMINISTRATOR'S REPORT No report. CITY ATTORNEY'S REPORT No report. ADJOURN MOTION by Council Member Cross, seconded by Council Member Tabatt to adjourn at 7:22 p.m. Motion carried unanimously. Approved by: Respectfully submitted, _____________________________ Darrel Olson Kelly Steele Mayor Assistant City Administrator