City Council Meeting

CITY COUNCIL MEETING MINUTES Tuesday, November 19, 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, Assistant Police Chief Matt Maier, Public Works Director Trevor Walter, Finance Director Jeremy Vacinek, and Community Development Director Josh Doty 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. City Administrator Chapulis explained one comment was received and the comment will be discussed on other business. 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 November 6, 2024 2. Approve City Council Minutes from November 6, 2024 3. Approve City Council Special Minutes from November 7, 2024 4. Approve City Council Special Minutes from November 13, 2024 5. Approve the Payment of Bills and Finance Report (Addendum A) 11/19/2024 City Council Meeting Minutes Page 2 6. Accept the Utilities Commission Minutes from November 7, 2024 7. Accept the TH 371 Development Traffic Review Report and approve the restriping of Dellwood Drive to include a center left turn lane between Woida Road and Novotny Road as part of a 2025 Improvements Project 8. Accept the Camping World Site Redevelopment Traffic Impact Study 9. Approve the Essentia Health Escrow Agreement for Utility Improvements 10. Approve Anderson Brothers Construction Final Pay Estimate No. 12 in the amount of $27,372.49, contingent upon receiving IC-134 tax forms and completion of the final DCP forms for 2022 Trunk Highway 210 & Inglewood Drive Railway Crossing Improvements Project, Municipal Project No. 4121 11. Approve Bolton & Menk, Inc. Fee Amendment Proposal for Professional Services in the Not to Exceed Amount of $4,987 for the 2024 Pavement Management Plan and Capital Improvement Plan Assistance Project 12. Approve the ASTECH Final Pay Estimate No. 3 in the amount of $19,229.71, Contingent Upon IC-134 Forms Being Submitted for the 2024 Micro Surfacing Project and amend the project budget from $639,664.86 to $643,388.26 13. Approve RL Larson Excavating, Inc Partial Pay Estimate No. 7 in the amount of $842,645.89 for the 2024 South Forestview Area Improvements Project, Municipal Project No. 4138 14. Approve the Kraemer Trucking & Excavating, Inc Final Pay Estimate No. 9 in the amount of $72,490.50 for the 2023 Cypress Drive and Douglas Fir Drive Improvements project 15. Approve the Traut Companies Change Order No. 2 for additional well exploration services related to the 2024 Well Replacement Exploration Services in the amount of $33,940.00 16. Approve Traut Companies Partial Pay Estimate No. 1 in the amount of $105,333.39 for the 2024 Well Exploration – Drilling Services Contract related to the 2024 Well Replacement Exploration Services 17. Approve the Knife River Corporation – North Central Change Order No. 6 in the Increased Amount of $67,831.65 and Extend the Final Completion Date for the 2024 Mill & Overlay and Full Depth Reclamation Improvements Project, Municipal Project Number 4424 18. Approve the Knife River Corporation – North Central Partial Pay Estimate No. 6 in the amount of $455,315.76 for the 2024 Mill & Overlay and Full Depth Reclamation Improvements Project, Municipal Project Number 4424 19. Approve the Anderson Brothers Construction Change Order No. 3 in the amount of $1,618.75 and increase the project budget from $264,671.55 to $266,290.30 for the Lift Station No. 13 Reconstruction Project 20. Approve the Anderson Brothers Construction Partial Pay Estimate No. 3 in the amount of $3,618.75 for the Lift Station No. 13 Reconstruction Project 21. Approve Pratt’s Affordable Excavating, Inc. Partial Pay Estimate No. 1 in the amount of $375,721.74 for the 2024 CSAH 77 Utility Improvements Project, Municipal Project 4118 11/19/2024 City Council Meeting Minutes Page 3 22. Approve the Widseth Agreement for Professional Engineering Services in the Not to Exceed Amount of $155,400 for the 2026 Evergreen Drive Stormwater Outlet Improvements Project 23. Adopt Resolution 2024-091 Approving the Sale of Lots 5 and 6, Block 1, Northdale Sixth Addition and Authorize the Mayor to Execute All Necessary Documentation Related to the Sale 24. Adopt Resolution 2024-094 to Reallocate the Assessment of Parcel 40120579 and Amend the Assessment Roll for the 2024 Mill and Overlay and Full Depth Reclamation Project, City Project No. 4424, for the Reallocation 25. Approve the Anderson Brothers Construction Change Order No. 10 in the increased amount of $8,783.25, extend the Final Completion Date to December 31, 2024, and Amend the Project Budget by the Increased Amount of $12,113.36 for a Total Budget of $4,488,148.58 for the 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements Project 26. Accept Planning Zoning Commission Minutes from November 12, 2024 MOTION by Council Member Cross, seconded by Council Member Tabatt to accept the consent agenda. Motion carried unanimously. PULLED AGENDA ITEMS OTHER BUSINESS 27. Certification of Delinquent Utility Bills, Invoices, and Abatement Charges - Hold Public Hearing at 7:00 p.m. or shortly thereafter - Adopt Resolution 2024-093, Adopting Assessments for Unpaid Delinquent Utility Bills, Invoices, and Abatement Charges Finance Director Vacinek explained the city has certified unpaid, delinquent utility bills to the property owner’s property taxes once or twice per year for collection the following year as authorized under state law. In addition, the city certifies unpaid invoices and services including those related to the rental inspection program and other outstanding nuisance abatement charges. As required, a notice of the public hearing when the certification will be considered is sent to the property owner. Finance Director Vacinek recommends holding the public hearing and adopting the proposed resolution. Mayor Olson opened the public hearing at 7:44 p.m. and closed the public hearing at 7:44:30 p.m. as no public comments were received. MOTION by Council Member Lyscio, seconded by Council Member Tabatt to Adopt Resolution 2024- 093, Adopting Assessments for Unpaid Delinquent Utility Bills, Invoices, and Abatement Charges. Motion carried unanimously. 28. Adopt Resolution No. 2024-82 Ordering Improvement and Preparation of Plans for the 2025 Commercial Full Depth Reclamation Improvements Project Municipal Project No. 4425 City Administrator Chapulis explained a letter of objection to the project was received from the owners of Party World. 11/19/2024 City Council Meeting Minutes Page 4 Mayor Olson explained three property owners and the Lodge submitted written objections to the project. The council inquired if the PACER rating for these streets were recently updated and with the two previous winters being mild and the streets were rated at a 6 or 7, how the ratings dropped. Public Works Director Walter explained after the public hearing he asked the consulting engineering firm to re-rate the streets as they were last rated in the spring of 2022. The council discussed the conditions of the streets and if some streets should be postponed until 2027. Public Works Director Walter explained pushing some street segments to 2027 will not hurt the overall project. MOTION by Council Member Cross, seconded by Council Member Lyscio to split the project as discussed and push the other half of the project until 2027. City Administrator Chapulis asked to clarify the motion is to complete Audubon Way and Whispering Wood in 2025. Council Member Cross and Council Member Lyscio accepted the clarification. Motion carried unanimously. 29. Approve the Widseth Proposal for Professional Design and Biddings Services in the Not to Exceed Amount of $120,750.00 for the 2025 Commercial Full Depth Reclamation Improvements Project, Municipal Project No. 4425 MOTION by Council Member Cross, seconded by Council Member Lyscio to Approve the Widseth Proposal for Professional Design and Biddings Services in the Not to Exceed Amount of $64,435 for the 2025 Commercial Full Depth Reclamation Improvements Project, Municipal Project No. 4425. Motion carried unanimously. 30. Adopt Resolution 2024-092 and Ordinance 2024-017 approving a Planned Unit Development (PUD) amendment for property located at 14275 Edgewood Drive Community Development Director Doty explained the applicant is requesting approval of a rezoning/planned unit development (PUD) general and final plan to amend the current PUD to allow a musculoskeletal center with urgent care and a pharmacy for the proposed property. The applicant is proposing the renovation of approximately 68,000 square feet of the 110,000 square foot interior of the building. The planning commission recommended approval of the PUD amendment, subject to the findings and conditions in the resolution and ordinance. The utilities commission recommended approval contingent upon the applicant submitting an escrow agreement. Community Development Director Doty clarified the proposed sign is 5’ taller but is smaller in overall size. The council inquired about the number of required parking spaces. Sandy Zutz-Wiczek, with Essentia Health, explained Essentia completed their own analysis and believe they will have plenty of parking spaces. 11/19/2024 City Council Meeting Minutes Page 5 MOTION by Council Member Cross, seconded by Council Member Phillips to Adopt Resolution 2024-092 and Ordinance 2024-017 approving a Planned Unit Development (PUD) amendment for property located at 14275 Edgewood Drive. Motion carried unanimously. COUNCIL COMMENTS 31. Connie Lyscio – Wished everyone a Happy Thanksgiving. 32. Zach Tabatt – Would like to take a more active approach the next legislative session with the city’s sales tax authorization. 33. Jeff Phillips – Concurs with Council Member Tabatt’s statement. 34. Mark Cross – No comment. 35. Darrel Olson – Explained when the city puts off projects, the costs tend to increase. Suggested staff documents what it costs to maintain our streets and the council may need to increase future street maintenance budgets. CITY ADMINISTRATOR'S REPORT 36. Appoint Two Council Members to represent the City Council for a Step 3 Grievance City Administrator Chapulis explained staff is asking the council to appoint two council members to represent the city council for a step 3 employee grievance hearing. MOTION by Council Member Cross, seconded by Council Member Phillips to appoint Mark Cross and Jeff Phillips to represent the city council for a step 3 grievance. Motion carried unanimously. CITY ATTORNEY'S REPORT MOTION by Council Member Cross, seconded by Council Member Phillips to enter into a closed session at 7:49 p.m. as identified on the agenda. Motion carried unanimously. 37. The City Council will meet in closed session pursuant to Minn. Stat. Section 13D.05 Subd. 3(b) for an Attorney-Client privileged discussion, to discuss ongoing litigation pertaining to Crow Wing County PID 40310611 38. The City Council will meet in closed session pursuant to Minn. Stat. Section 13D.05 subd. 3(b) for an Attorney-Client privileged discussion, to discuss potential litigation pertaining to Whiskey Creek Stormwater Project MOTION by Council Member Lyscio, seconded by Council Member Tabatt to return to an open session at 8:30 p.m. Motion carried unanimously. City Administrator Chapulis explained after the council discussion, no action would be taken on the agenda items as the city attorney and staff were provided further direction by the council. ADJOURN 11/19/2024 City Council Meeting Minutes Page 6 MOTION by Council Member Phillips, seconded by Council Member Tabatt to adjourn at 8:38 p.m. Motion carried unanimously. Approved by: Respectfully submitted, _____________________________ Darrel Olson Kelly Steele Mayor Assistant City Administrator