Utilities Commission

UTILITIES COMMISSION MINUTES Wednesday, February 07, 2024 at 5:30 PM Baxter City Hall, 13190 Memorywood Drive, Baxter, MN “A Growing Community” CALL TO ORDER The regular meeting of the Baxter Utilities Commission was called to order at 5:30 p.m. by Chairman Yliniemi. ROLL CALL Members Present: Commissioners John Brenny, Jack Christofferson, Douglas Stenberg, and Chairman Rock Yliniemi. Members Absent: Council Liaison Mark Cross. Staff Present: Public Works Director/City Engineer Trevor Walter. Other Present: Brainerd Public Utilities Representative Dolly Matten, Brainerd Public Works Director/City Engineer Jesse Dehen, Bolton & Menk Consulting Engineer Bryan Drown, SEH Consulting Engineers Bob Stark, Alex Voit, Neil Heinonen and Scott Hedlund, WSB Consulting Engineer Paul Sandy and Widseth Consulting Engineer Alex Bitter and Aric Welch. CONSENT AGENDA 1. Approve the Utilities Commission Minutes from January 3, 2024 MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to approve the Utilities Commission Minutes from January 3, 2024. Motion carried unanimously. BUSINESS ITEMS 2. Recommend Planning and Zoning Commission Approve the Tanner Property Forestland Conversion Conditional Use Permit Public Works Director/City Engineer Walter reviewed the Tanner Property Forestland Conversion Conditional Use Permit. The property, which is located in the southwest intersection of Dellwood Drive and Novotny Road is approximately 11.90 acres. The request to clear trees is to allow grading of the site to fill wetlands in accordance with their 2023 approvals from the Crow Wing County Technical Evaluation Panel (TEP). The elevation of the groundwater/surface water in this area fluctuates, a study was completed in this area to address flooding when the water rises too high. Mr. Tanner has been working with the City and the County to establish surface elevations that will not create any flooding issues on adjacent properties or the KO Storage (previously Johnson Storage) across the road. Chairman Yliniemi inquired on the stormwater flow in the northeast corner. Mr. Walter stated there is a stormwater overflow pipe that takes care of the northeast corner and enters the drainage system on Dellwood Drive/Whispering Woods Drive to the Menards pond. 2/7/2024 Utilities Commission Minutes Page 2 Staff is recommending the Utilities Commission recommend approval to Planning and Zoning Commission for the Tanner Property Forestland Conversion Conditional Use Permit with the conditions below: 1. The developer is required to submit a Grading Permit prior to filling the wetland. 2. The NPDES Construction Stormwater Permit must be in place prior to the City issuing a Grading Permit. MOTION by Commissioner Brenny, seconded by Commissioner Stenberg to recommend the Planning and Zoning Commission approve the Tanner Property Forestland Conversion Conditional Use Permit with the conditions. Motion carried unanimously. 3. Approve WSB General Engineering Contract Public Works Director/City Engineer reviewed the WSB General Engineering Contract with the commission. Staff will utilize the general engineering contract to assist with inspecting infrastructure related to commercial development and to conduct stormwater compliance inspections for the City’s MS4 Permit. The inspections will be as needed and the MS4 inspections will consist of one day per month. Mr. Walter has no concerns with this contract and recommends approval. MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to approve the WSB General Engineering Contract. Motion carried unanimously. 4. Title 8, Chapter 2 – Sewer Use and Service, of the Baxter City Code Public Works Director/City Engineer Walter stated that the city has been working with SEH on updating the sanitary sewer ordinance since March of 2021. During BPU’s review, they informed the City of Baxter that their Wastewater Treatment Plant (WWTP) NPDES permit was about to be reissued and would include new requirements. The MPCA with new permit requirements has assigned them delegation authority for managing Significant Industrial Users (SIU’s). As part of BPU’s delegation requirement they were required to submit an application for Pretreatment Delegation, included in this application are Brainerd City Code updates to enforce the delegation requirements. SEH Consulting Engineer Stark reviewed the ordinance and the Memorandum of Understanding between both cities. City staff has been seeking legal advice from Nancy Quattlebaum-Burke who drafted the original Sewer Use and Capacity Rights Agreement dated 2007 when the new wastewater treatment plant was constructed. MOTION by Commissioner Stenberg, seconded by Commissioner Brenny to approve the draft Title 8, Chapter 2 – Sewer Use and Service, of the Baxter City Code contingent on City of Brainerd and MPCA comments. Motion carried unanimously. 5. Approve Draft Memorandum of Understanding for Pretreatment Delegation of the City of Brainerd Wastewater Treatment Plant 2/7/2024 Utilities Commission Minutes Page 3 SEH Consulting Engineer Stark reviewed the Memorandum of Understanding between both cities. City staff has been seeking legal advice from Nancy Quattlebaum-Burke who drafted the original Sewer Use and Capacity Rights Agreement dated 2007 when the new wastewater treatment plant was constructed. MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to approve the draft Memorandum of Understanding for Pretreatment Delegation of the City of Brainerd Wastewater Treatment Plant contingent on City of Brainerd and MPCA comments. Motion carried unanimously. 6. 2024 South Forestview Improvements Project Monthly Update SEH Consulting Engineer Heinonen gave a brief update for the project and the items are listed below:  The bid opening is set for February 13, 2024 at 10:00 a.m.  An Amended Feasibility Report was approved by City Council at the February 6th council meeting. The primary changes to this report include modifications to assessments for adjacent parcels. The changes are a result of a series of specific meetings where SEH Staff and City Staff reviewed potential lot splits to determine the appropriate number of ERUs for each adjacent property. 7. 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements Project Monthly Update There was no new information or questions from the commission or the public. 8. Approve the Anderson Brothers Construction Company of Brainerd, LLC Partial Pay Estimate No. 7 in the amount of $16,508.64 for the 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements Project SEH Consulting Engineer Voit reviewed Partial Pay Estimate No. 7 in the amount of $16,508.64 for the 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements Project. Partial Pay Estimate No. 7 is for completion of the remaining work on the pedestrian flasher system on Clearwater Road. Mr. Voit has no concerns with Partial Pay Estimate No. 7 and recommends approval. Mr. Voit noted that a change order is expected to be presented to the commission at the March meeting. The change order is anticipated to include additional concrete, bituminous surfacing work and added delineators on the Quiet Zone portion of the project to address issues identified by the Federal Railroad Administration (FRA) during their walk through. The change order is also anticipated to include miscellaneous added work including sign revisions, striping, and repairs to storm sewer discovered during televising as well as replacement of damaged culverts on Clearwater Road. Mr. Voit anticipates the estimated cost of this change order to be approximately $102,000. Several construction items remain for the spring including concrete pedestrian ramps and miscellaneous paving and striping work. It is also anticipated that reseeding will be needed in some turf establishment areas. This remaining work is estimated at $43,727.53 The project is projected to be over the current budget by $115,381. MOTION by Commissioner Brenny, seconded by Commissioner Christofferson to approve the Anderson Brothers Construction Company Partial Pay Estimate No. 7 in the amount of $16,508.64 for the 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements Project contingent on the completion of the punch list for the flashers. Motion carried unanimously. 2/7/2024 Utilities Commission Minutes Page 4 SEH Consulting Engineer Hedlund stated that he had received a notice from Holden Electric that the punch list has been completed; however, he has not had time to verify the punch list is complete. 9. 2023 Cypress Drive and Douglas Fir Drive Improvements Project Monthly Update There was no new information or questions from the commission or the public. 10. Approve the Kraemer Trucking & Excavating, Inc Change Order No. 6 in the increased amount of $337,614.13 and Amend the Project Budget by the Project Engineer Estimated Amount of $240,250.44 for the 2023 Cypress Drive and Douglas Fir Drive Improvements Project SEH Consulting Engineer reviewed the Kraemer Trucking & Excavating Inc. Change Order No. 6 in the increased amount of $337,614.13 for the 2023 Cypress Drive and Douglas Fir Drive Improvements Project. Change Order No. 6 is a compensating change order that adjusts the contract quantities to the as-built quantities from the 2023 construction season. Certain bid items increased and others decreased. The net effect of this change order is an increased contract amount of $337,614.13. Factors contributing to the cost overruns include:  Private utility disturbance of the project corridors from right of way line to right of way line along CSAH 48, Cypress Drive, and Douglas Fir Drive which required more turf establishment related activity than originally planned. o This also required additional tree clearing and grubbing and irrigation system restoration costs.  Response, cleanup, and erosion control & turf establishment (re)work related to Act of God erosion, primarily within the CSAH 48 corridor, due to a large rain event on September 5, 2023.  Filling in the ditch on the north side of CSAH 48 between Berrywood Drive and Cypress Drive, as well as cutting and filling on Cypress Drive and Douglas Fir Drive boulevard areas south of Hinckley Road beyond the limits in the plans.  Additional temporary traffic control and detour signing necessary during construction when different parts of the project were closed.  Additional permanent signs including street name signage added at the roundabout (that was inadvertently omitted from the plans), and trail related signs.  Additional concrete for pedestrian curb ramp/ bike escape ramps at the roundabout and other areas to gain ADA compliance.  Repairs to concrete damaged by public trespassers.  Storm sewer modifications at the roundabout.  Additional grading in the Cypress Drive stormwater pond to daylight planned outlets since the pond was not fully constructed by the apartment developer yet as originally planned.  Bituminous overruns.  Change order overruns (of initial estimated quantities).  Source of power costs for new lighting system (special provisions call this out as a pass through cost form the electric company to the owner).  Tack placed on the shoulders of CSAH 48 Cleaning plugged existing culverts on CSAH 48. Mr. Hedlund had no concerns with Change Order No. 6 and recommended approval. 2/7/2024 Utilities Commission Minutes Page 5 MOTION by Commissioner Christofferson, seconded by Commissioner Brenny to approve the Kraemer Trucking & Excavating, Inc Change Order No. 6 in the increased amount of $337,614.13 and Amend the Project Budget by the Project Engineer Estimated Amount of $240,250.44 for the 2023 Cypress Drive and Douglas Fir Drive Improvements Project. Motion carried unanimously. 11. Approve the Kraemer Trucking & Excavating, Inc Partial Pay Estimate No. 8 in the amount of $246,490.01 for the 2023 Cypress Drive and Douglas Fir Drive Improvements Project SEH Consulting Engineer reviewed the Kraemer Trucking & Excavating Inc Partial Pay Estimate No. 8 in the amount of $246,490.01 for the 2023 Cypress Drive and Douglas Fir Drive Improvements Project. Partial Pay Estimate No. 8 is for work completed through December 12, 2023 and consists of payments of remaining 2023 construction quantities that were finalized with the Contractor. Work items being paid include earthwork, concrete, paving, signing, striping, traffic control, irrigation repairs, turf establishment and erosion control. Mr. Hedlund had no concerns with Partial Pay Estimate No. 8 and recommended approval. MOTION by Commissioner Stenberg, seconded by Commissioner Brenny to approve the Kraemer Trucking & Excavating, Inc Partial Pay Estimate No. 8 in the amount of $246,490.01 for the 2023 Cypress Drive and Douglas Fir Drive Improvements Project. Motion carried unanimously. 12. 2023 Knollwood Drive Improvements Project Monthly Update There was no new information or questions from the commission or the public. 13. Approve the Knife River Corporation – North Central Partial Pay Estimate No. 8 in the amount of $2,239.65 and update the project budget from $2,212,841.26 to an increased engineers estimated $2,376,379.07 for the 2023 Knollwood Drive Improvements Project, Municipal Project Number 4132 WiDSETH Consulting Engineer Bitter reviewed the Knife River Corporation – North Central Partial Pay Estimate No. 8 in the amount of $2,239.65 for the 2023 Knollwood Drive Improvements Project. The payment includes the cost of unit price work completed during this pay period and releasing a portion of the retainage. Project costs are currently estimated to exceed the project budget by $163,537.78 The primary reason for the budget overage is quantity overruns and change orders. There were a few items of note that contributed to the cost overrun. Those items are listed below:  Excavation Special (Pond Excavation) – Additional excavation was required in the stormwater ponds located on the Forestview Middle School site to bring the bottom of the ponds 6” below the end of stormwater inlet apron.  Common Labor, Skid loader, and Street Sweeping - These items are included in the quantities to pay for miscellaneous construction and clean up items. The quantities exceeded planned quantity because they were used to compensate the Contractor for assistance with private utility company relocation efforts.  Bituminous Driveway Replacement - Additional driveway replacement was necessary to deal with grading and drainage issues. These driveways were removed further back than planned to address these issues.  6” Concrete Walk, Truncated Domes, and Signage– Additional trail/pedestrian crossings were added after the project was bid. 2/7/2024 Utilities Commission Minutes Page 6  Turf Establishment - Project cost saving measures were implemented during the project which included removing sodding item and replacing it with seeding and an organic matrix. This was a significant savings, but anticipated quantities were exceeded due to slightly larger seeding areas than estimated in the stormwater ponds and slightly wider seeding areas for the roadway construction with the private utility relocations. Due to the soft topsoil what was noted on the project, WiDSETH also included $32,862 in the budget for potential corrective work and reseeding in the spring.  Hydrant & Valve Replacement – There were hydrants that could not be fully restored as planned and City staff elected to replace those hydrants.  Televising & Jetting Sanitary & Storm Sewer – This item was not included in the original project budget and has become a standard practice by the City to jet and televise before and after a project.  Engineering Fee Amendment – there were additional services completing the stormwater pond cleaning and restoration work on the Forestview Middle School site. MOTION by Commissioner Christofferson, seconded by Commissioner Brenny to approve the Knife River Corporation - North Central Pay Estimate 8 in the amount of $2,239.65 and update the project budget from $2,212,841.26 to an increased engineers estimated $2,376,379.07 for the 2023 Knollwood Drive Improvements Project, Municipal Project Number 4132. Motion carried unanimously. 14. 2024 Mill & Overlay and Full Depth Reclamation Improvements Project Monthly Update There was no new information or questions from the commission or the public. 15. Adopt Resolution 2024-014 Approving Plans and Specification and Authorize Advertisement for Bids contingent on City Engineer final review for the 2024 Mill & Overlay and Full Depth Reclamation Improvements Project, Municipal Project No. 4424 WiDSETH Consulting Engineer Bitter reviewed the plans for the 2024 Mill & Overlay and Full Depth Reclamation Improvements Project. The project includes the following roads: Residential Mill & Overlay:  Jepson Road in its entirety.  Kingwood Drive in its entirety.  Knollwood Court in its entirety.  Fairfax Road in its entirety.  Fairfax Court in its entirety.  Cottage Grove Drive in its entirety.  Northwoods Drive in its entirety.  Camden Road in its entirety.  Kenwood Drive (Fairview Road to 1,590’ north of Fairview Road). Residential Full Depth Reclamation:  Interlacken Road in its entirety.  Fairmont Court in its entirety.  Edmonton Road in its entirety.  Donald Street in its entirety.  Parkwood Drive (Mountain Ash Drive to Kingwood Drive).  Knollwood Drive (Fairview Road to Donald Street).  Glory Road (1,600’ west of Isle Drive to 1,125’ west of Isle Drive). 2/7/2024 Utilities Commission Minutes Page 7 Commercial Full Depth Reclamation:  Elmwood Drive in its entirety.  Forthun Road (Elder Dr to Elmwood Drive).  Forthun Road (570’ west of roundabout to 386’ west of roundabout).  Edgewood Drive (530’ north of Woida Road to Novotny Road).  Novotny Road (300’ west of TH 371 to TH 371)  Whispering Woods Lane (Dellwood Drive to Pearl Drive).  Dellwood Drive (430’ north of Woida Road to Whispering Woods Lane). Other Improvements  Garrison Road Trail and City Utility Improvements.  Elder Drive Trail Improvements Public Works Director/City Engineer Walter stated the bid opening is March 19, 2024 at 10:00 a.m. MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to adopt Resolution 2024-014 Approving Plans and Specification and Authorize Advertisement for Bids contingent on City Engineer Final Review for the 2024 Mill & Overlay and Full Depth Reclamation Improvements Project, Municipal Project No. 4424. Motion carried unanimously. 16. Approve the Feasibility Report for the 2025 Ironwood Drive Extension Improvements, Municipal Project No. D2397A. WiDSETH Consulting Engineer Welch informed the commission the city was approached by a developer looking to construct The Wonder Trek Children’s Museum along the east side of the proposed project area. The project area extends southerly off the north portion of Ironwood Drive that was constructed in 2020 as part of the North Forestview Development for the Knute Nelson Development. The extension includes sanitary sewer, water, storm sewer and roadway improvements along Ironwood Drive and the Wonder Trek Children’s Museum property. The proposed improvements are feasible and WiDSETH does not foresee any major problems other than normal inconveniences associated with construction such as noise, dust, detours, and traffic disturbance. These situations would be temporary in nature, and WiDSETH anticipates the construction would last approximately 6 months depending on the contractor, weather, and other factors. There is no city cost expected in this project. Costs are to be borne 100% by CTC and WonderTrek Museum. MOTION by Commissioner Stenberg, seconded by Commissioner Brenny to approve the Feasibility Report for the 2025 Ironwood Drive Extension Improvements, Municipal Project No. D2397A. Motion carried unanimously. 17. Approve Amendment No. 1 for the Construction and Maintenance Cost Share Agreement Between Crow Wing County, MN and the City of Baxter, MN for County Project S.A.P. 018-648-014, City Project S.A.P. 230-020-002 CSAH 48 / Cypress Drive Intersection Improvements 2/7/2024 Utilities Commission Minutes Page 8 SEH Consulting Engineer stated the 2023 Cypress Drive and Douglas Fir Drive Improvements Project included the construction of a roundabout at the new Cypress Drive and CSAH 48 (Highland Scenic Road) intersection along with improvements on CSAH 48 to incorporate the roundabout. The original agreement between the City of Baxter and Crow Wing County was executed on February 22, 2023. The cost share in the agreement had the County paying for two thirds of the roundabout construction for a total of $1,050,536.82. During construction there was additional work required to complete the improvements. The city approached Crow Wing County about amending the agreement to cover two thirds of the cost of the additional work completed in conjunction with the roundabout on CSAH 48, the county has agreed to pay for the additional work. Amendment No.1 is in the amount of $113, 035.80 for a total Crow Wing County payment of $1,163,572.62 for the project. MOTION by Commissioner Stenberg, seconded by Commissioner Brenny to approve Amendment No. 1 for the Construction and Maintenance Cost Share Agreement Between Crow Wing County and the City of Baxter for County Project S.A.P. 018-648-014, City Project S.A.P. 230-020- 002 CSAH 48 / Cypress Drive Intersection Improvements. Motion carried unanimously. 18. Approve the SEH Professional Services Contract in the Not to Exceed Amount of $26,225.00 for the 2024 Well Rehabilitation Project Public Works Director/City Engineer Walter stated that Thein Well provided an inspection of the City’s wells. The outcome of that inspection has indicated that the current pumping rates of the wells have dropped anywhere from 10% to 23% from last year’s testing. The decline in pumping rates may be partially due to additional head added by lowering the pumping levels. The two middle wells are in the worst state of decline and Thien Wells is recommending rehabilitation and replacing the pump ends while the system is out of the well. Mr. Walter stated that consideration needs to be given to drilling two additional wells and biological treatment. Additional information will be at the March meeting. MOTION by Commissioner Stenberg, seconded by Commissioner Brenny to approve the SEH Professional Services Contract in the Not to Exceed Amount of $26,225.00 for the 2024 Well Rehabilitation Project. Motion carried unanimously. 19. Approve the Widseth Contract Amendment in the Amount of $500 for Professional Engineering and Environmental Services for the Evergreen Drive Property Improvements – Wetland Mitigation and Increasing the Contract Amount From $7,000 to a Not to Exceed Amount of $7,500 WiDSETH Consulting Engineer Welch stated the Joint Application for Wetland Replacement and $500 application fee for the Evergreen Drive Improvements Project to was submitted to Crow Wing County on February 1, 2024. The $500 fee was not included in their original proposal and scope of services. The fee amendment covers the cost of the application fee which was paid directly by Widseth to Crow Wing County. Widseth will invoice the city for the cost of the application without any additional markup. Public Works Director/City Engineer Walter had no concerns with the amendment and recommended approval. 2/7/2024 Utilities Commission Minutes Page 9 MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to approve the Widseth Contract Amendment in the Amount of $500 for Professional Engineering and Environmental Services for the Evergreen Drive Property Improvements – Wetland Mitigation and Increasing the Contract Amount From $7,000 to a Not to Exceed Amount of $7,500. Motion carried unanimously. INFORMATIONAL ITEMS 20. Whiskey Creek Stormwater Improvements Project Monthly Update There was no new information or questions from the commission or the public. 21. 2022 Full Depth Reclamation and Reconstruction Improvements Project Monthly Update There was no new information or questions from the commission or the public. 22. 2022 Trunk Highway 210 & Inglewood Drive Railway Crossing Improvements Project Update - City of Baxter - Municipal Project No. 4121 There was no new information or questions from the commission or the public. 23. 2023 Novotny Road Improvements Project Monthly Update There was no new information or questions from the commission or the public. 24. 2023 Whiskey Creek Pedestrian Bridge Inspection Project Monthly Update There was no new information or questions from the commission or the public. 25. 2024 CSAH 77 Utility Improvements Project, Municipal Project No. 4118 Project Monthly Update There was no new information or questions from the commission or the public. 26. 2024 Evergreen Drive Improvements and Southeast Baxter Stormwater Overflow Improvements Project Monthly Update There was no new information or questions from the commission or the public. 27. 2024 Micro Surfacing Project Monthly Update There was no new information or questions from the commission or the public. 28. 2025 Mill & Overlay, Full Depth Reclamation and Reconstruction Improvements, Project Monthly Update There was no new information or questions from the commission or the public. 29. 2025 Design Road & TH 371 Stormwater Improvements Project Monthly Update There was no new information or questions from the commission or the public. 30. 2026 North Lynndale Area Improvements Project, Project Monthly Update 2/7/2024 Utilities Commission Minutes Page 10 There was no new information or questions from the commission or the public. 31. 2026 Mill & Overlay, Full Depth Reclamation and Reconstruction Improvements, Project Monthly Update There was no new information or questions from the commission or the public. 32. Lift Station 13 Reconstruction Project Monthly Update There was no new information or questions from the commission or the public. 33. Lift Station No. 15 Reconstruction Project Monthly Update There was no new information or questions from the commission or the public. 34. Inglewood Drive to Garrett Lane Stormwater Outlet Study Project Monthly Update There was no new information or questions from the commission or the public. 35. Eagle Drive Area Improvements Project Monthly Update There was no new information or questions from the commission or the public. 36. TH 210 Street Lighting Improvements Project Monthly Update There was no new information or questions from the commission or the public. 37. Assist City Staff with Assessing the Holiday Station Store Contamination at Excelsior and Hwy 371 Project Monthly Update There was no new information or questions from the commission or the public. 38. Wellhead Protection Plan Part II Project Monthly Update There was no new information or questions from the commission or the public. 39. Water Treatment Plant Backwash Blower and Aerator Annual Maintenance Report There was no new information or questions from the commission or the public. 40. Wastewater Treatment Plant Charges for December 2023 There was no new information or questions from the commission or the public. 41. Baxter 20-Year Public Works Facility Assessment, Project Monthly Update There was no new information or questions from the commission or the public. 42. Evergreen Drive/Douglas Fir Drive Traffic Impact Study Monthly Update There was no new information or questions from the commission or the public. 43. Novotny Road Traffic Impact Study Update Monthly Update 2/7/2024 Utilities Commission Minutes Page 11 There was no new information or questions from the commission or the public. 44. Cypress Drive Connection to Woida Road Improvements Feasibility Report Monthly Update There was no new information or questions from the commission or the public. ADJOURN MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to adjourn at 7:00 p.m. Motion carried unanimously. Approved by: Respectfully Submitted, _____________________________ _____________________________ Rock Yliniemi Mary Haugen Chairman Administrative Assistant