City Council Meeting

CITY COUNCIL MEETING MINUTES Tuesday, May 20, 2025 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, Patrick Sundberg, and Mark Cross were present. City Administrator Brad Chapulis, Assistant City Administrator Kelly Steele, Finance Director Jeremy Vacinek, Community Development Director Josh Doty, and Public Works Director Trevor Walter 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 agenda item 23 has been amended from holding the bid opening on June 19th to June 20th due to the holiday. Agenda item 26, related to the work session, should be tabled as the council did not have time to discuss the agenda item, and item 32 has been added to the agenda for the appointment of a patrol officer. PUBLIC COMMENTS - Comments received from the public may be placed on a future meeting agenda for consideration. Frank Lemke, 5493 Barbeau Road, questioned if all of the items on the agenda will be approved in one motion. Steven Schuety, 5670 State Highway 25, explained that some council members were absent at the last council meeting and by reading the meeting minutes you do not learn the emotion from the meeting. Brainerd has the YMCA, Jack’s House, and The Center where people can interact with each other. Baxter only has FitQuest. Mr. Schuety inquired if the city completed a study on the amount of traffic using the road. The city is spending a lot of money on a road that not a lot of people use. 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 May 6, 2025 2. Approve City Council Minutes from May 6, 2025 5/20/2025 City Council Meeting Minutes Page 2 3. Approve City Council Special Minutes from May 8, 2025 4. Approve the Payment of Bills and Finance Report (Addendum A) 5. Accept EDA Minutes from May 6, 2025 6. Approve the Conditional Hire of a Patrol Officer Candidate 7. Approve Appointment of James Rau to the Cemetery Commission 8. Accept the Utilities Commission Minutes from May 7, 2025 9. Approve the Stormwater Facilities Maintenance Agreement with Access Rights and Covenants for Lakes Area CPA's Office Building 10. Approve the WonderTrek Children’s Museum Development Agreement 11. Approve the Stormwater Facilities Maintenance Agreement with Access Rights and Covenants for WonderTrek Children’s Museum 12. Approve the WonderTrek Children’s Museum Construction Repair and Maintenance Agreement for Stormwater Utilities, Sanitary Sewer, and Watermain 13. Approve the Permanent Hydrant Access Easement for WonderTrek Children’s Museum 14. Approve the SEH Contract for Construction Phase Services in the Not to Exceed Amount of $69,400.00 for the 2025 Ironwood Drive Improvements Project 15. Accept the ASTECH Corporation bid in the amount of $575,579.79 for the 2025 Micro Surfacing Project and Amend the project Budget in the Increased Amount of $122,973.79 for a Total Revised Budget of $622,973.79 16. Approve SEH Fee Amendment No. 1 in the Not to Exceed Amount of $9,754.80 for Material Testing during the Construction Phase related to the 2025 Water Supply Improvements - Wells 5 & 6, Municipal Project No. 6011-45040 17. Approve the Traut Companies Change Order No. 1 in the increased amount of $3,335.00 for Contract A related to the 2025 Water Supply Improvements - Wells 5 & 6 Project, Municipal Project No. 6011- 45040 18. Approve Traut Companies Partial Pay Estimate No. 1 in the amount of $13,157.50 for work completed on Contract A related to the 2025 Water Supply Improvements – Wells 5 & 6, Municipal Project No. 6011-45040 19. Approve the AE2S Contract in the Not to Exceed Amount of $69,766.00 for SCADA and Controls Integration related to the 2025 Water Supply Improvements - Wells 5 & 6, Municipal Project No. 6011-45040 20. Accept the 2025 CAMP Update Summary Memo 21. Adopt Resolution No. 2025-049 Adopting Assessment Rolls for the 2025 Commercial Full Depth Reclamation Improvements Project Municipal Project No. 4425 5/20/2025 City Council Meeting Minutes Page 3 22. Adopt Resolution 2025-050 for Accepting the Bid from Anderson Brothers Construction Company in the amount of $737,884.85 for the 2025 Commercial Full Depth Reclamation Improvements Project Municipal Project No. 4425 23. Adopt Resolution No. 2025-051 Approving Plans and Specification and Authorize Advertisement for Bids for the 2025 Design Road and TH 371 Stormwater Improvements Project, Municipal Project No. 4135 24. Approve the WiDSETH Proposal for Construction Administration Services in the Not to Exceed Amount of $95,000 for the 2025 Commercial Full Depth Reclamation Improvements Project, Municipal Project No. 4425 25. Approve the Widseth Proposal for Engineering Fee Amendment in the Not to Exceed Amount of $48,000 for the 2025 Design Road & TH 371 Stormwater Improvements Project, Municipal Project No. CPF 4135 26. Approve the Widseth Proposal for Professional Survey Services in the Not to Exceed Amount of $40,000 for the 2026 Mill & Overlay and Full Depth Reclamation Improvements Project 27. Accept the 20-Year Public Works Facility Assessment for the City of Baxter’s Public Works Facility Assessment Project 28. Accept Planning and Zoning Commission Minutes from May 13, 2025 29. Adopt Resolution 2025-045 approving a variance to building height requirements for property located at 13417 Cypress Drive 30. Adopt Ordinance 2025-006 and Resolution 2025-046 approving a Zoning Ordinance Text Amendment to the permitted materials list in the Office Service zoning district 31. Adopt Resolutions 2025-047 and 2025-048 and Ordinance 2025-007 approving a Rezoning; a PUD General and Final Plan for Phase 1 of the Children’s Museum; and a Preliminary and Final Plat to allow “Third Addition to City Center of Baxer” at 12170 Ironwood Drive 32. Approve the Conditional Hire of Morgan Attenberger as Patrol Officer MOTION by Council Member Cross, seconded by Council Member Lyscio to approve the consent agenda as amended. Motion carried unanimously. PULLED AGENDA ITEMS Public Works Director Walter asked to pull items 21, 22 and 24. Joan Peterson, owner of FitQuest, explained the road doesn’t need to be done based on the PASER ratings. Ms. Peterson stated her property is worth 1/3 of the other properties located along the highway. If the project goes through, her business will no longer exist. The city should spend their money on the movie theater road. Matt Jager, owner of the Bounce House, explained if the road project goes through his business will shut down and there is nowhere else to locate his business. There is not a lot of traffic that uses the road. Mr. Jager’s daughter explained that her friends like to play at the bouse house. 5/20/2025 City Council Meeting Minutes Page 4 Terry Elbow (no address provided), stated if the city moves through with the project, the city will be hurting a lot of people and asked if there any legal reason this project can’t be delayed for a period of time. Mark Johanson, owner of Westside Liquor, explained his business does have delivery trucks that use Audubon Way and if the road needed to be repaired he would say so. Mr. Johanson asked the council to put this item to a referendum and if the council is elected to be the voice of the people, the people are looking for you to vote no on the project. Dave Roller, no address provided, explained he attends FitQuest five times per week and that FitQuest is not just a place to work out but a place to get together with friends. The amount of traffic that uses the road needs to be considered not just the rating of the road. Council Member Cross explained the process of how roads are selected for repair. Jared Rothenberger, 12747 Eagle Ridge Drive, explained he is also an owner of the Bouse House. Mr. Rothenberger asked the council to consider the ramifications of how the project would effect other people. There is no development in the area and not a lot of vehicles use the road. Grace Jager, daughter of Mr. Jager, explained a lot of kids use the bounce house. Keith Bjerkness, did not provide address, and inquired if any council members have any financial interest on any properties located along Audubon Way. Mr. Bjerkness provided an example of a Rochester council member and an improvement project. Council Member Lyscio explained as a retired gym teacher, she understands the importances of relationships and that this project has been discussed in the past and business owners have been notified. Council Member Lyscio explained she is offended by Mr. Bjerkness’ comments. Mr. Jager explained the council owes it to the community to keep the bounce house open. Ms. Peterson explained she did not attend past meetings but did contact city representatives to discuss the project and that at the time she did not realize the extent of the special assessments. Unidentified audience member stated some people can’t afford the project, so the council should kick it down the road. Jim Smith, 5808 McGowan Road, explained he understands the project will cost more in the future. There are no potholes on the road and the road is in fine condition. Mr. Smith inquired how much the city has spent on Audubon Way in the last year and recommended the council table the project for 3-5 years. Council Member Sundberg explained the PASER rating system. Mayor Olson stated all of technical information related to the project was previously reviewed in public hearings and other land owners attended those meetings and had their questions answered. Council Member Cross explained there are three lots located on Audubon Way that can be developed. Council Member Tabatt stated there is nothing about the project that is hidden, and that the council has publicly discussed the project in the past. Council Member Tabatt stated if the city delays the project and the property owners seeks to sell their property, they have the duty to disclose future assessments. 5/20/2025 City Council Meeting Minutes Page 5 Public Works Director Walter explained the project’s feasibility report was discussed on October 15, 2024 and the report listed the assessments for each property and the report was reviewed again during a council meeting on January 21, 2025. Public Works Director Walter further explained the improvement project also includes Whispering Woods Way and the council should table the project and seek a legal opinion on postponing the project if that is what they chose to do. MOTION by Council Member Tabatt, seconded by Council Member Cross to table agenda items 21, 22, and 24 for further research. Motion carried unanimously. MOTION by Council Member Tabatt, seconded by Council Member Tabatt to table agenda item 26. Motion carried unanimously. OTHER BUSINESS None. COUNCIL COMMENTS 33. Connie Lyscio – Reminded everyone of the importance of Memorial Day. 34. Zach Tabatt - No comment. 35. Patrick Sundberg – Explained the new WonderTrek children’s museum, on tonight’s consent agenda, will be a great addition to our area. 36. Mark Cross – No comment. 37. Darrel Olson – No comment. CITY ADMINISTRATOR'S REPORT No comment. CITY ATTORNEY'S REPORT Absent. ADJOURN MOTION by Council Member Cross, seconded by Council Member Lyscio to adjourn at 8:19 p.m. Motion carried unanimously. Approved by: Respectfully submitted, _____________________________ Darrel Olson Kelly Steele 5/20/2025 City Council Meeting Minutes Page 6 Mayor Assistant City Administrator