Utilities Commission

UTILITIES COMMISSION MINUTES Wednesday, April 03, 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 Vice Chairman Jack Christofferson. ROLL CALL Members Present: Commissioners Douglas Stenberg, Jack Christofferson and Council Liaison Mark Cross. Members Absent: Commissioners John Brenny and Chairman Rock Yliniemi. Staff Present: Public Works Director/City Engineer Trevor Walter, Assistant City Engineer Trevor Thompson, and Administrative Assistant Mary Haugen. Other Present: SEH Consulting Engineers Scott Hedlund, Neil Heinonen & Traffic Engineer Justin Anabis, Widseth Consulting Engineer Alex Bitter and resident Chad Kinate. CONSENT AGENDA 1. Approve the Special Utilities Commission Minutes from March 20, 2024 MOTION by Commissioner Stenberg, seconded by Council Liaison Cross to approve the Special Utilities Commission Minutes from February 7, 2024. Motion carried unanimously. BUSINESS ITEMS 2. Recommend Planning and Zoning Approve the Ordinance Amendment Addressing Retaining Walls and for Parking Reduction Assistant City Engineer Thompson explained that City Council requested staff to review and evaluate the ordinance related to parking. The retaining wall ordinance amendment is to address safety concerns on private property. Currently, a retaining wall, regardless of height does not require a fence or guardrail. The proposed ordinance amendment would require a 4-foot-tall fence or guardrail on all retaining walls 4-feet high or taller. The parking lot ordinance amendment is to allow a 10 percent reduction to the current parking requirements for retailers with buildings consisting of 50,000 square feet or greater. Mr. Thompson stated that engineering staff understands the request to reduce parking on retailers with large stores as the parking lots are often not full. However, the City of Baxter (as a whole) is not designed for on- street parking. Therefore, if a retail site does not have enough parking on site based on the proposed ordinance amendment, then on-street parking would present a public safety concern. By including the proof of parking requirement, it allows the city to require the additional 10 percent of stalls to be incorporated into the site to resolve any on-street parking issues that may arise with the proposed ordinance amendment. 4/3/2024 Utilities Commission Minutes Page 2 MOTION by Council Liaison Cross, seconded by Commissioner Stenberg to recommend Planning and Zoning approve the Ordinance Amendment addressing retaining walls and for parking reduction. Motion carried unanimously. 3. Recommend Planning & Zoning Approve the Preliminary and Final Plat for Haverkamp Addition to Baxter and Rezoning Application Public Works Director/City Engineer Walter reviewed the location and access to the Haverkamp Addition to Baxter. The plat consists of converting eighteen (18) existing lots and one (1) Outlot into one (1) lot and one (1) Outlot. The existing 18 lots are not serviced by sewer and water and the easement across private property to access existing 18 lots has been vacated. Sewer and water have been stubbed into the property off Cedar Scenic Road and is designed to provide adequate services to the property as it develops. The proposed Lot 1, Block 1 property will need to be serviced from the existing 8-inch water main and 8-inch sewer main stub. The property owner will be required to enter into an agreement with the City to connect to the main as there are no services to supply the proposed parcel. The current land use is zoned RS which requires a minimum of a 10-acre parcel and does not follow the future zoning guidelines of the Comprehensive Plan. The Outlot will remain zoned as RS until platted into buildable lots. The Plat includes the typical 5-foot and 10-foot drainage and utility easement insert. Additionally, 80- feet of right-of-way has been dedicated for a future road extension over the existing sewer and water main. Council Liaison Cross questioned the access point being located on the curve of Cedar Scenic Road. Mr. Walter stated that it had been the planned access point for years; however, staff will review the access location. MOTION by Commissioner Stenberg, seconded by Council Liaison Cross to recommend Planning & Zoning Approve the Preliminary and Final Plat for Haverkamp Addition to Baxter and Rezoning Application. Motion carried unanimously. 4. Recommend Planning and Zoning Approve the Fiberhood Preliminary and Final Plat and Vacation of Drainage and Utility Easements Assistant City Engineer Thompson explained that CTC had purchased the property from Navillus Land Company. The 2024 South Forestview Area Improvements Project identified 10 ERU assessments in the Assessment Roll for the subject property which aligns with the proposed plat. CTC is platting the remainder of their property as Outlots until a time in which development will be proposed. The plat has dedicated right-of-way for two new roads along with the existing Maryland Road extension meeting City Code requirements. The proposed Fiber Drive right-of-way includes 80 feet of right-of-way with the 10-foot drainage and utility easement. The proposed Mesabi Road includes an 80-foot right-of-way with the 10-foot drainage and utility easement. The extension of Maryland Road includes the same 80-foot right-of-way with the 10-foot drainage and utility easement. Mr. Thompson stated that clearing and grubbing of the proposed right-of-way and drainage and utility easement for use of stockpiling, crushing, and storage to reduce the trucking required on Forestview 4/3/2024 Utilities Commission Minutes Page 3 Drive to the north that was constructed in 2020. The clearing and grubbing was coordinated with CTC and the Plat, the City currently has an agreement allowing the use of the proposed right-of-way which will be dissolved with the recording of the plat. MOTION by Commissioner Stenberg, seconded by Council Liaison Cross to recommend Planning and Zoning approve the Fiberhood Preliminary and Final Plat and Vacation of Drainage and Utility Easements. Motion carried unanimously. 5. Accept the Zip’s Car Wash Municipal Improvements as Outlined in the Development Agreement Assistant City Engineer Thompson informed the commission that Zip’s Car Wash has completed the Municipal Improvements as outlined in the development Agreement dated April 19, 2022. The acceptance of the municipal improvements begins the one-year warranty period for the associated improvements. Mr. Thompson stated the Developer is using the existing Irrevocable Letter of Credit No. 1560 to cover the surety of the warranty period. MOTION by Commissioner Stenberg, seconded by Council Liaison Cross to accept the Zip’s Car Wash Municipal Improvements as Outlined in the Development Agreement. Motion carried unanimously. 6. Approve Astech Corporation Street Crack Sealing Contract in the Not-to-Exceed Amount of $177,422.00 Public Works Director/City Engineer Walter informed the commission that Street & Utilities Supervisor Berent sent out four quotes for the 2024 City of Baxter Street Crack Sealing. Streets Division staff counted approximately 50-60 percent of the roads scheduled for crack sealing. The remaining roads will be counted as the snow melts. After the total cracks are counted staff will spot check the number of cracks that are open prior to the contractor crack sealing. Depending on the severity of the winter and the freeze thaw cycles, typically approximately 50 – 70 percent of the cracks either never opened or reseal themselves so only approximately 30 - 50 percent of the cracks need sealing on an annual basis. Based on the road inspection crack counting for the approximately 50-60 percent of the roads that have been counted, the total estimated linear footage of cracks on those roads are 229,473 linear feet of “blow and go” and 52,339 linear feet of “route and seal”. Three (3) quotes were received and are broken down below: Contractor Blow & Go Unit Price Route & Seal Unit Price Astech Corporation $0.58 $0.58 Northwest Asphalt & Maintenance $0.75 $0.75 Fahrner Asphalt Sealers $0.75 $0.95 The estimated value of the contract is shown below: Contractor Total Estimated Contract Value Astech Corporation $145,000 Northwest Asphalt & Maintenance $175,000 4/3/2024 Utilities Commission Minutes Page 4 Fahrner Asphalt Sealers $197,500 Council Liaison Cross inquired if it is up to the contractor to determine when the not to exceed amount has been reached. Mr. Walter stated this year one streets employee will be dedicated to always accompanying the contractor during the work to ensure only the cracks that are open are being sealed, track quantities daily and report to the supervisor. Chad Kinate, 13081 Kingwood Drive, stated with the contractor should be responsible party for meeting the not to exceed amount. Mr. Walter stated the city needs to verify that the contractor does not stop in the middle of the road. Council Liaison Cross stated that not to exceed means not to exceed and the Contractor should be responsible for the project so as not to require staff to follow them to verify quantities. Mr. Walter stated that staff will verify quantities at the end of the day and verify that the contractor is only filling the open cracks and not sealing all the cracks as the contractor did last year. Mr. Walter stated the not to exceed is for staff to track. Council Liaison Cross inquired what causes the cracks to open. Mr. Walter stated that moisture can cause the pavement to break down immediately after seeping into the pavement. Exposure to moisture washes away the gravel and sand base of pavements making them brittle and developing cracks in the asphalt. Heavy snow and rainfall lead to the penetration of water into existing cracks resulting in their expansion. Rainwater that seeps into cracks freezes at the onset of winter and causes the cracks to grow bigger. Mr. Walter stated the City is now buying the product to ensure that it is the quality the City of Baxter wants used on the roadways. MOTION by Commissioner Stenberg, seconded by Council Liaison Cross to approve the Astech Corporation Street Crack Sealing Contract in the not-to-exceed amount of $177,422.28. Motion carried unanimously. 7. Cypress Drive Connection to Woida Road Improvements Feasibility Report Monthly Update There was no new information or questions from the commission or the public. 8. Accept Amended Feasibility Report for Cypress Drive Connection to Woida Road Improvements & Cypress Drive and Clearwater Road Full Depth Reclamation and Trail Improvements, City Project Number 4128 SEH Consulting Engineer Heinonen reviewed the amended Feasibility Report for the Cypress Drive Connection to Woida Road Improvements & Cypress Drive and Clearwater Road Full Depth Reclamation and Trail Improvements. This project includes road improvements, bike and pedestrian trail improvements, storm sewer improvements, stormwater pond improvements, sanitary sewer improvements, watermain improvements, and street lighting improvements. In addition to the new segment of roadway connecting Cypress Drive to Woida Road, the project includes rehabilitation (Full Depth Reclamation) on Cypress Drive and Clearwater Road, and trail improvements along both Cypress Drive and Clearwater Road. 4/3/2024 Utilities Commission Minutes Page 5 Public Works Director/City Engineer Walter requested the proposed trails be reduced to 10-feet to match today’s standard. He also noted the bituminous thickness should be 3 inches not 2.5 and the aggregate base is 5 inches instead of 6 inches. Council Liaison Cross inquired if MnDOT will provide any financial assistance for the project. Mr. Walter explained the report will be presented to MnDOT District 3 Staff for review; however, any contribution is unknown at this time. Council Liaison Cross inquired if the project would have commercial street lighting. Mr. Kinate stated lighting should be dark sky compliant light. Mr. Walter stated the lighting would meet dark sky requirements. Mr. Heinonen informed the commission this project has right of way acquisition and full title acquisition. Mr. Walter stated the project will not be constructed until 2026 or later and requested the “will likely be” removed from the presentation. Mr. Walter stated the City Council is aware of the property acquisition so the earliest timeframe for the project would be 2026; however, property acquisition should be considered for 2025. Mr. Heinonen stated he would make the changes to 2026 construction with preliminary design and acquisition shown for 2025. MOTION by Commissioner Stenberg, seconded by Council Liaison Cross to accept the amended Feasibility Report for Cypress Drive Connection to Woida Road Improvements & Cypress Drive and Clearwater Road Full Depth Reclamation and Trail Improvements, City Project Number 4128 with changes as noted. Motion carried unanimously. 9. Approve Fee Amendment Request in the Not To Exceed Amount of $6,000.00 for Cypress Drive Connection to Woida Road Feasibility Report Update, City Project Number 4128 Public Works Director/City Engineer Walter stated the fee amendment is for updating the report and preparing cost breakdowns for MnDOT. Mr. Walter had no concerns with fee amendment and recommended approval. MOTION by Council Liaison Cross, seconded by Commissioner Stenberg to approve the Fee Amendment Request in the Not To Exceed Amount of $6,000.00 for the Cypress Drive Connection to Woida Road Feasibility Report Update, City Project Number 4128. Motion carried unanimously. 10. 2024 South Forestview Improvements Project Monthly Update There was no new information or questions from the commission or the public. 11. Approve Assessment Waiver Agreement with Property Owner of PID 40240611 to allow for a water assessment related to 2024 South Forestview Area Improvements Project, Municipal Project No. 4138 SEH Consulting Engineer Heinonen informed the commission of a property owner on Paris Road has requested a water service to a vacant parcel for a future home. This agreement will allow the assessment to be levied against this property and includes provisions that do not allow the property owner to appeal the assessment. The agreement is necessary for this parcel, as it was not included in the Feasibility Report, nor was it included in the assessments that were adopted by Council in March. 4/3/2024 Utilities Commission Minutes Page 6 MOTION by Council Liaison Cross, seconded by Commissioner Stenberg to approve Assessment Waiver Agreement with Property Owner of PID 40240611 to allow for a water assessment related to 2024 South Forestview Area Improvements Project, Municipal Project No. 4138. Motion carried unanimously. 12. Accept the Novotny Road Traffic Impact Study Report Traffic Engineer Anabis explained the traffic study was conducted for a proposed development. The study analyzed the impacts of the development on Novotny Road, Pine Beach Road, and Woida Road at the intersections with Edgewood Drive and TH 371. Mr. Anabis stated the proposed development is estimated to generate 3,460 daily trips to the site location. No roadway or intersection improvements were recommended as Novotny Road was extended in 2023 and no additional extension is needed for the proposed development. Public Works Director/City Engineer Walter stated the developer had reviewed the report and had no comments or concerns. MOTION by Council Liaison Cross, seconded by Commissioner Stenberg to accept the Novotny Road Traffic Impact Study. Motion carried unanimously. 13. 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. 14. Adopt Resolution No. 2024-XXX Receiving Revised Feasibility Report and Calling the Improvement Hearing for the 2024 CSAH 77 Utility Improvements Project, Municipal Project No. 4118 WiDSETH Consulting Engineer Bitter informed the commission that minor updates were made to the exhibits and cost estimated to extend water and sanitary sewer to the west side of CSAH 77. MOTION by Council Liaison Cross, seconded by Commissioner Stenberg to adopt Resolution No. 2024-XXX Receiving Revised Feasibility Report and Calling the Improvement Hearing for the 2024 CSAH 77 Utility Improvements Project, Municipal Project No. 4118. Motion carried unanimously. 15. Approve the Widseth Proposal for Professional Survey, Preliminary Assessment, Design and Bidding Services in the Not to Exceed Amount of $56,100.00 for the 2024 CSAH 77 Utility Improvements Project, Municipal Project No. 4118 WiDSETH Consulting Engineer Bitter explained the proposal is for preliminary survey, preliminary assessment, design, and bidding services for the 2024 CSAH 77 Utility Improvements Project. MOTION by Commissioner Stenberg, seconded by Council Liaison Cross to approve the Widseth Proposal for Professional Survey, Preliminary Assessment, Design and Bidding Services in the Not to Exceed Amount of $56,100.00 for the 2024 CSAH 77 Utility Improvements Project, Municipal Project No. 4118. Motion carried unanimously. 16. 2024 Mill & Over and Full Depth Reclamation Improvements Project Monthly Update There was no new information or questions from the commission or the public. 4/3/2024 Utilities Commission Minutes Page 7 17. Adopt Resolution 2024-XXX for Accepting the Bid from Knife River Corporation – North Central in the amount of $3,843,672.50 for the 2024 Mill & Overlay and Full Depth Reclamation Improvements Project Municipal Project No. 4424 WiDSETH Consulting Engineer Bitter informed the commission that pursuant to authority of the City Council and after proper legal advertisement, bids were obtained at 10:00 A.M., in the Baxter City Hall on Tuesday, March 19, 2024. The following two bids were received: Knife River Corporation – North Central $3,843,672.50 Anderson Brothers Construction Company $3,953,304.86 Engineer’s Estimate $4,556,799.50 MOTION by Commissioner Stenberg, seconded by Council Liaison Cross to adopt Resolution 2024-XXX for accepting the bid from Knife River Corporation – North Central in the amount of $3,843.672.50 for the 2024 Mill & Overlay and Full Depth Reclamation Improvements Project, Municipal Project No. 4424. Motion carried unanimously. 18. 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. 19. Adopt Resolution No. 2024-XXX Ordering Preparation of Report for the 2025 Mill & Overlay and Full Depth Reclamation Improvements Project, Municipal Project No. 4425 WiDSETH Consulting Engineer Bitter informed the commission this is the first step in the Chapter 429 process. MOTION by Commissioner Stenberg, seconded by Council Liaison Cross to adopt Resolution No. 2024- XXX Ordering Preparation of Report for the 2025 Mill & Overlay and Full Depth Reclamation Improvements Project, Municipal Project No. 4425.Motion carried unanimously. 20. Adopt Ordinance 2024-xxx Amending the Text of Title 8, Chapter 5, “Stormwater Control and Regulations” of the Baxter City Code Assistant City Engineer Thompson informed the commission that Title 8, Chapter 5, “Stormwater Control and Regulations” of the Baxter City Code was repealed and replaced at the April 18, 2023, City Council Meeting. The stormwater management plan was intended more for commercial sites of less than one acre, a couple exceptions were left out in the original code approval that are proposed with this code amendment. The exceptions proposed are as follows: Construction of single-family home or duplex. Site improvements involving the enlargement of a building less than five thousand (5,000) square feet. Land disturbance activities conducted by the City affecting less than one (1) acre. 4/3/2024 Utilities Commission Minutes Page 8 The ordinance amendment also addressed additional requirements for when a Stormwater Facilities Maintenance Agreement is required. The following stormwater changes address when an agreement is required which is consistent with how the City has treated the agreements in the past: At time of zoning approval from the City of Baxter. When improving existing stormwater management facilities. MOTION by Commissioner Stenberg, seconded by Council Liaison Cross to adopt Ordinance No. 2024- XXX Ordering Preparation of Report for the 2025 Mill & Overlay and Full Depth Reclamation Improvements Project, Municipal Project No. 4425. Motion carried unanimously. 21. Water Treatment Plant Filter Annual Evaluation Completed by Orthos Public Works Director/City Engineer Walter stated the sample from Filter No. 3 was not within the limits of degradation. SEH resampled on April 3 resent the sample for testing. INFORMATIONAL ITEMS 22. 2022 Full Depth Reclamation and Reconstruction Improvements Project Monthly Update There was no new information or questions from the commission or the public. 23. 2022 Trunk Highway 210 & Inglewood Drive Railway Crossing Improvements Project Update, Municipal Project No. 4121 There was no new information or questions from the commission or the public. 24. 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. 25. 2023 Cypress Drive and Douglas Fir Drive Improvements Project Monthly Update There was no new information or questions from the commission or the public. 26. 2023 Knollwood Drive Improvements Project Monthly Update There was no new information or questions from the commission or the public. 27. 2023 Novotny Road Improvements Project Monthly Update There was no new information or questions from the commission or the public. 28. HR Green 2023 Stormwater Program There was no new information or questions from the commission or the public. 29. 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. 4/3/2024 Utilities Commission Minutes Page 9 30. 2024 Micro Surfacing Project Update There was no new information or questions from the commission or the public. 31. 2025 Design Road & TH 371 Stormwater Improvements Project Monthly Update There was no new information or questions from the commission or the public. 32. 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. 33. 2026 North Lynndale and West Clearwater Area Improvements Project Monthly Update There was no new information or questions from the commission or the public. 34. Baxter 20-Year Public Works Facility Assessment 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. EPA Lead & Copper Service Line Inventory Monthly Update There was no new information or questions from the commission or the public. 37. Evergreen Drive/Douglas Fir Drive Traffic Impact Study Monthly Update There was no new information or questions from the commission or the public. 38. Fairview Road Extension Feasibility Report Project Monthly Update There was no new information or questions from the commission or the public. 39. Holiday Station Store Contamination Project Monthly Update There was no new information or questions from the commission or the public. 40. Inglewood Drive to Garrett Lane Stormwater Outlet Study Project Monthly Update There was no new information or questions from the commission or the public. 41. Lift Station 13 Reconstruction Project Monthly Update There was no new information or questions from the commission or the public. 42. Lift Station No. 15 Reconstruction Project Monthly Update There was no new information or questions from the commission or the public. 4/3/2024 Utilities Commission Minutes Page 10 43. Oakwood Drive Improvements Project Feasibility Report Project Monthly Update There was no new information or questions from the commission or the public. 44. Timberwood Drive Traffic Impact Study Monthly Update There was no new information or questions from the commission or the public. 45. Wastewater Treatment Plant Charges for February 2024 There was no new information or questions from the commission or the public. 46. Wellhead Protection Plan Part II Project Monthly Update There was no new information or questions from the commission or the public. 47. Whiskey Creek Pedestrian Bridge Inspection Project Monthly Update There was no new information or questions from the commission or the public. 48. Whiskey Creek Stormwater Improvements Project Monthly Update There was no new information or questions from the commission or the public. 49. Whiskey Creek Planting Plans Project Monthly Update There was no new information or questions from the commission or the public. ADJOURN MOTION by Commissioner Stenberg, seconded by Council Liaison Cross to adjourn at 8:00 p.m. Motion carried unanimously. Approved by: Respectfully Submitted, _____________________________ _____________________________ Jack Christofferson Mary Haugen Vice Chairman Administrative Assistant