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Utilities Commission

Regular Meeting

Baxter, MN · May 8, 2024

AgendaPacketMinutes

Minutes

UTILITIES COMMISSION MINUTES Wednesday, May 08, 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 Rock Yliniemi. ROLL CALL Members Present: Commissioners Douglas Stenberg, Jack Christofferson, Chairman Rock Yliniemi and Council Liaison Mark Cross. Members Absent: Commissioners John Brenny. Staff Present: Public Works Director/City Engineer Trevor Walter, Assistant City Engineer Trevor Thompson, and Administrative Assistant Mary Haugen. Other Present: Kwik Trip Representatives Lisa Wadsen and Brent Dusek, Bolton & Menk Consulting Engineer Bryan Drown, SEH Consulting Engineers Scott Hedlund, Neil Heinonen, Kevin Young & Alex Voit, Widseth Consulting Engineer Alex Bitter. CONSENT AGENDA 1. Approve the Utilities Commission Minutes from April 3, 2024 MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to approve the Utilities Commission Minutes from April 3, 2023. Motion carried unanimously. BUSINESS ITEMS 2. Recommend Planning and Zoning Commission Approve Preliminary and Final Plat for Forestview Acres and Zoning Change Assistant City Engineer Thompson stated the Thomas Andrew has submitted an application including a plat and rezoning for what is currently Lot 1, Block 3, Forestview Drive Trail. The current zoning for the property is R-1 which is a low density residential with 100-foot minimum road frontage and 15,000 square foot minimum lots. The application has requested to change the zoning to R-1A medium density single family residential which has a minimum of 80-feet of frontage with a maximum 12,500 square foot lot. The Forestview Acres Preliminary and Final Plat include 25 lots consistent with the R-1A zoning. When evaluating the property during the 2024 South Forestview Area Improvements Project, 20 Equivalent Residential Units (ERU’s) were assessed to the property. If zoning is approved an additional five (5) eru’s will need to be assessed. The plat includes the standard 5-foot drainage and utility easement dedicated on all interior lot lines and 10 feet on all road frontages. The current plat included the existing drainage and utility easement will be vacated and rededicated. The Forestview Drive right-of-way consists of a 73-foot right of way, 5/8/2024 Utilities Commission Minutes Page 2 the additional 7 feet of right-of-way was dedicated on the existing Forestview Drive Trail plat therefore no additional right-of-way is dedicated with this plat. Chair Yliniemi inquired if the sewer and water services have already been installed. Mr. Thompson stated that no services have been installed at this time. SEH has incorporated this change into the plan set if it is approved by the City of Baxter. MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to recommend Planning and Zoning Commission approve the Preliminary and Final Plat for Forestview Acres and Zoning Change. Motion carried unanimously. 3. Adopt Resolution 2024-0XX Approving the Northridge Investments, LLC Assessment Waiver Agreement for the 2024 South Forestview Area Improvements Project, Municipal Project No. 4138 SEH Consulting Engineer Heinonen explained that staff has been working with a developer who is interested in revamping lot layouts along Forestview Drive to construct single family homes on the vacant parcel. The developer is interested in re-zoning the parcel (proposed as R-1A) and re-platting this parcel, which would result in 25 lots (5 additional lots to what R-1 zoning would allow), provided the change to 80-foot minimum frontage is approved. The additional improvements are contingent on approval of re-zoning and re-platting. Mr. Heinonen informed the commission the agreement was drafted by the City Attorney. MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to adopt Resolution 2024-0XX approving the Northridge Investments, LLC Assessment Waiver Agreement for the 2024 South Forestview Area Improvements Project, Municipal Project No. 4138. Motion carried unanimously. 4. Recommend Planning and Zoning Commission Approve the Brandon Corner Preliminary and Final Plat and Vacation Assistant City Engineer Thompson stated that 8365 Brandon Road (Lot 5, Block 2, College Pines Office Park) would like to expand their parking lot and replat to allow for a potential future building expansion. The proposed plat moves the east property line to the east approximately 15 feet, adjusts the area reserved for conservation easement, shifts the southern property line south approximately 100 -140 feet. The proposed area reserved for conservation is not classified as a conservation easement, it is reserved for a conservation easement but has not been officially dedicated. The existing property includes the standard drainage and utility easement insert however with the lot lines moving the existing drainage and utility easements need to be vacated and re-dedicated on the plat which is currently proposed. The road right-of-way is currently 80 feet so there is no requirement on dedicating more right-of-way with the plat. Staff recommends approval of the Brandon Corner Preliminary and Final Plat and Vacation with the condition of entering into a stormwater facilities maintenance agreement prior to recording the plat. Council Liaison Cross inquired what the conservation area was for. Public Works Director/City Engineer Walter stated the conservation area was put in place to protect the Red Pine plantation located on the property. 5/8/2024 Utilities Commission Minutes Page 3 MOTION by Commissioner Christofferson, seconded by Commissioner Stenberg to recommend Planning and Zoning Commission approve the Brandon Corner Preliminary and Final Plat and Vacation with the condition listed in the staff recommendation. Motion carried unanimously. 5. Approve Sure Grace LLC Stormwater Facilities Maintenance Agreement with Access Rights and Covenants Assistant City Engineer Thompson explained that the property is being re-platted to allow for a parking lot expansion and a potential future building expansion. Per City Code, any zoning approval triggers the need for a stormwater facilities maintenance agreement. The stormwater facilities maintenance agreement is the regulatory mechanism used to enforce the City’s Municipal Separate Storm Sewer System (MS4) Permit under Minimum Control Measure (MCM 5) section 20.3. MOTION by Commissioner Jack Christofferson, seconded by Commissioner Stenberg approve Sure Grace LLC Stormwater Facilities Maintenance Agreement with Access Rights and Covenants. Motion carried unanimously. 6. Recommend Planning and Zoning Commission Approve the Perk Place Preliminary and Final Plat Assistant City Engineer Thompson reviewed the Perk Place Preliminary and Final Plat are for the proposed Kwik Trip development on Novotny Road. The plat includes the standard insert dedicating the 5-foot and 10-foot drainage and utility easements and addresses the water main easement required to access the valve separating the municipal system and the Kwik Trip service. Staff had no concerns with the Perk Place Preliminary & Final Plat and recommended approval. MOTION by Commissioner Christofferson, seconded by Commissioner Stenberg to recommend Planning and Zoning Commission approve the Perk Place Preliminary and Final Plat. Motion carried unanimously. 7. Recommend Planning and Zoning Commission Approve the Conditional Use Permits for a Fuel Station and for a Car Wash and Approve a Variance for Car Wash Stacking Kwik Trip Representatives Lisa Wadsen and Brent Dusek were introduced to the commission. Ms. Wadsen provided the commission with the Kwik Trip spill response plan and equipment overview. Assistant City Engineer Thompson reviewed the Conditional Use Permit (CUP) applications for constructing a fueling station and an attached car wash. The car wash does not meet the stacking requirements for 10 stalls therefore they have requested a variance to City Code to allow 8 stalls of stacking. The development does not require fire protection and will be serviced by a 6-inch sewer service so a development agreement will not be required. The site will have a 4-inch water service that will need to be inspected, the fee schedule for commercial inspections includes a base fee plus an hourly rate, this is normally addressed in a development agreement but since a development agreement is not required and escrow agreement is proposed. 5/8/2024 Utilities Commission Minutes Page 4 The Kwik Trip Development includes stormwater treatment ponds, the storm sewer system will overflow into the Novotny Road requiring a Limited Use Agreement. Additionally, per the City’s MS4 Permit, a Stormwater Facilities Maintenance Agreement will be required. Public Works Director/City Engineer Walter inquired on the chemical used in the car wash due to the MPCA’s additional restrictions on Phosphorus and PFAS. Mr. Dusek stated he will follow up with corporate to make sure Kwik Trip will be in compliance with the restrictions. Staff recommends approval of the Conditional Use Permits with the four (4) conditions listed below: 1. Enter into an Escrow Agreement prior to issuing a building permit. 2. Enter into a Stormwater Facilities Maintenance Agreement prior to issuing a building permit. 3. Enter into a Limited Use Agreement prior to issuing a building permit. 4. No chemicals with Phosphorus or PFAS will be permitted. MOTION by Commissioner Christofferson, seconded by Commissioner Stenberg to recommend Planning and Zoning Commission Approve the Conditional Use Permits for a Fuel Station and for a Car Wash and approve a Variance for Car Wash Stacking with the conditions listed in the staff recommendation. Motion carried unanimously. 8. Approve Kwik Trip Inc Escrow Agreement for Engineering Inspection Services and Asbuilts Assistant City Engineer Thompson reviewed the two CUP applications that include Civil Drawings with site improvements. The site improvements consist of stormwater treatment that connects to the City’s storm sewer system, water service improvements including the installation of the gate valve near the road, sanitary sewer service improvements. The fee schedule for commercial inspections includes a base fee plus an hourly rate, this is normally addressed in a development agreement but since a development agreement is not required and escrow agreement is proposed. The Escrow Agreement will include inspection services and asbuilts. The asbuilts are required to show the storm sewer improvements, impervious surface calculations, water main improvements (gate valve and short water main segment), connection to sanitary sewer main. The inspection services include inspecting the water main improvements, working with the contractor on completing testing (bacteria and pressure), inspecting the sanitary sewer service, inspecting the stormwater improvements, and completing a final walk thru of the project. MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to approve the Kwik Trip Inc Escrow Agreement for Engineering Inspection Services and Asbuilts. Motion carried unanimously. 9. Approve Kwik Trip Limited Use Agreement Assistant City Engineer Thompson reviewed the Kwik Trip Limited Use Agreement. Kwik Trip has requested approval to discharge stormwater into the City’s stormwater conveyance system on Novotny Road adjacent to the Developer’s property. The developer will install and maintain the improvements along City right-of-way. The Limited Use Agreement protects the City’s liability associated with the storm sewer connection. 5/8/2024 Utilities Commission Minutes Page 5 MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to approve the Kwik Trip Limited Use Agreement. Motion carried unanimously. 10. Approve Stormwater Facilities Maintenance Agreement with Access Rights and Covenants for Kwik Trip Assistant City Engineer Thompson reviewed the Kwik Trip Standard Stormwater Facilities Maintenance Agreement the City uses with all development. The stormwater facilities maintenance agreement is a requirement of MCM 5 under section 20.3 of the Municipal Separate Storm Sewer System (MS4) Permit. MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to approve Stormwater Facilities Maintenance Agreement with Access Rights and Covenants for Kwik Trip. Motion carried unanimously. 11. 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. 12. Approve the BNSF Invoice No. 90266369 in the amount of $19,909.55 for the 2022 TH 210 and Inglewood Drive Improvements Project, Municipal Project No. 4121 Bolton & Menk Consulting Engineer Drown reviewed the BNSF Invoice No. 90266369 which includes construction crossing material related to the surface crossing. Mr. Drown has no concerns with BNSF Invoice No. 90266369 and recommends approval. MOTION by Commissioner Christofferson, seconded by Commissioner Stenberg to approve the BNSF Invoice No. 90266369 in the amount of $19,909.55 for the 2022 TH 210 and Inglewood Drive Improvements Project, Municipal Project No. 4121. Motion carried unanimously. 13. Approve the BNSF Invoice No. 90266709 in the amount of $130.10 for the 2022 TH 210 and Inglewood Drive Improvements Project, Municipal Project No. 4121 Bolton & Menk Consulting Engineer Drown reviewed the BNSF Invoice No. 90266709 includes bill preparation services related to the railway signal. Invoice 90266709 includes bill preparation services and is noted on the invoice as Final Bill. Mr. Drown has no concerns with BNSF Invoice No. 902666709 and recommends approval. MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to approve the BNSF Invoice No. 90266709 in the amount of $130.10 or the 2022 TH 210 and Inglewood Drive Improvements Project, Municipal Project No. 4121. Motion carried unanimously. 14. 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. 5/8/2024 Utilities Commission Minutes Page 6 15. Approve the Anderson Brothers Construction Change Order No. 5 in the increased amount of $52,983.27 for the 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements Project SEH Consulting Engineer Voit reviewed the Anderson Brothers Construction Change Order No. 5 in the increased amount of $52,983.27 for the 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements Project. Change Order No. 5 addresses deficiencies in the existing storm sewer/ culvert system on Clearwater Road identified in pre- and post-construction televising review now with trenchless cured in-place pipe (CIPP) lining repair techniques at four locations: Offset joint in a 38 LF segment of 12-inch RCP Storm Sewer Pipe at Station 0+50 Circumferential and multiple cracking in multiple locations along a 38 LF segment of 12-inch RCP Storm Sewer Pipe at Station 6+95 Circumferential and multiple cracking in multiple locations along a 38 LF segment of 12-inch RCP Storm Sewer Pipe at Station 12+95 Longitudinal cracking at the crown of the pipe in multiple locations along a 53 LF segment of 24-inch RCP Centerline Culvert Pipe at Station 35+73. Chair Yliniemi asked how the televising was missed on the pre-inspection televising. Public Works Director/City Engineer Walter stated it is a combination of the Engineer’s missing the information when reviewing the televising report and not seeing a clear image while televising to see the issues. Chair Yliniemi inquire on specifying more clear imagery or rejecting the televising if it is not clear. Mr. Voit had no concerns with Change Order No. 5 and recommends approval. MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to approve the Anderson Brothers Construction Change Order No. 5 in the increased amount of $52,983.27 for the 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements project. Motion carried unanimously. 16. Approve the Jet Line Sales & Service, LLC Contract in the amount of $1,757.00 for the 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements Project SEH Consulting Engineer Voit explained a hanging joint gasket was discovered during post construction televising review this winter in an existing 15-inch RCP Storm Sewer Pipe segment on Clearwater Road at approximately Station 9+50. During the pre- & post-televising comparison process it was also discovered that this segment was unintentionally not televised before construction. Consensus with City Staff was to pursue trenchless repair of this joint with a 16-inch long QuickLock repair sleeve by way of a demonstration project by a local vendor (Jet Line Sales & Service, LLC – fka Johnson Jetlines). This is a new technology to this market. The repair is structural and seals the cracks/joints that it covers (stainless steel body covered by seamless synthetic rubber seal). The estimated cost of this repair is $1,757.00 compared with $5,700 for a traditional cured in-place pipe (CIPP) 5LF patch. The vendor advised the repair has a 100-year expected life. This demonstration project is planned to be completed outside of the Anderson Brothers contract. 5/8/2024 Utilities Commission Minutes Page 7 MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to approve the Jet Line Sales & Service, LLC Contract in the not to exceed amount of $1,757.00 for the 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements Project. Motion carried unanimously. 17. 2024 South Forestview Improvements Project Monthly Update There was no new information or questions from the commission or the public. 18. Approve the RL Larson Excavating, Inc. Change Order No. 1 in the amount of $47,477.90 for the 2024 South Forestview Improvements Project, Municipal Project No. 4138 SEH Consulting Engineer Heinonen reviewed the RL Larson Excavating Change Order No. 1 in the increased amount of $47,477.90 for the 2024 South Forestview Improvements Project. Change Order No. 1 addresses the following items:  The gravel access roadway will require treatment with a solution for dust control. Public Works staff and the Engineer determined that a Calcium Chloride Solution is most desirable for the access road segment, as it will control dust more effectively that using water for dust control. The bid item for this solution was not included in the original bid form, thus the item is represented in this Change Order.  The plan inadvertently noted an 8” wye along the sewer main on Forestview Drive. A 10” Wye is needed along this pipe segment for the sanitary sewer service. The bid item for the 10” wye was not included in the original bid; thus the item is represented in this Change Order.  Public Works staff reviewed the bituminous mixture for this project after the bid date and determined that the B Oil was not desired for this roadway, rather that the segment be upgraded to a different oil designation to give the city an opportunity to review the street segments and determine if the performance is enhanced with the use of the C Oil. Public Works staff suggested that the mix designation be upgraded for the project to the C Oil designation. The Contractor provided pricing for the upgrade, and the amount noted as an increase is considered reasonable. The Change Order identifies the cost associated with the modification by eliminating the original bid item, and adding a separate bid item to clearly identify the material that will be used for the project. The commission held an extensive discussion on the types of oil used in the bituminous pavement layers, which consist of a subgrade, base course and surface course. Each of these layers has a distinctive role and is composed of different materials. The city has constructed pavement with layers of B-oil and C-oil. Public Works Director/City Engineer Walter informed the commission this project gave the city a perfect opportunity to see the duration in pavement lifetime between C and B oils. The results will not be known for 20+ years but the information will be invaluable to the city. MOTION by Commissioner Christofferson, seconded by Commissioner Stenberg approve the RL Larson Excavating, Inc. Change Order No. 1 in the amount of $47,477.90 for the 2024 South Forestview Improvements Project, Municipal Project No. 4138. Motion carried unanimously. 5/8/2024 Utilities Commission Minutes Page 8 19. Approve RL Larson Excavating, Inc Partial Pay Estimate No. 1 in the amount of $413,775.45 for the 2024 South Forestview Area Improvements Project, Municipal Project No. 4138 SEH Consulting Engineer Heinonen reviewed the RL Larson Excavating Partial Pay Estimate No. 1 in the amount of $413,775.45 for the 2024 South Forestview Improvements Project. Partial Pay Estimate No. 1 is for work completed through April 26, 2024. The work included with this payment is for tree clearing and grubbing, erosion control items, roadway removal, grading and utility construction items. A portion of Mobilization and Traff Control are also included in the partial payment. The contractor has earned $435,553.11 to date which represents approximately 7.4% of the contract value. Per contract 5% ($21,777.66) is being retained for a total payment of $413,775.45. Mr. Heinonen had no concerns with the pay estimate and recommended approval. MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to approve the RL Larson Excavating Partial Pay Estimate No. 1 in the amount of $413,775.45 for the 2024 South Forestview Improvements Project. Motion carried unanimously. 20. 2024 Mill & Over and Full Depth Reclamation Improvements Project Monthly Update There was no new information or questions from the commission or the public. 21. Approve the Widseth Proposal for Construction Administration Services in the Not to Exceed Amount of $487,800.00 for the 2024 Mill & Overlay and Full Depth Reclamation Improvements Project, Municipal Project No. 4424 WiDSETH Consulting Engineer Bitter reviewed the Proposal for Construction Administrative Services for the 2024 Mill & Overlay and Full Depth Reclamation Improvements Project. The proposed scope of services includes the following:  Final Assessment Calculations and Hearing  Construction Staking  Construction Administration  Construction Observation  Construction Materials Testing  Post-Construction Services WiDSETH proposes to perform the services described above on an hourly basis in accordance with the attached Fee Schedule, for the Not to Exceed amount of $487,800.00. MOTION by Commissioner Christofferson, seconded by Commissioner Stenberg to approve the Widseth Proposal for Construction Administration Services in the Not to Exceed Amount of $487,800.00 for the 2024 Mill & Overlay and Full Depth Reclamation Improvements Project, Municipal Project No. 4424. Motion carried unanimously. 22. 2025 Design Road & TH 371 Stormwater Improvements Project Monthly Update There was no new information or questions from the commission or the public. 5/8/2024 Utilities Commission Minutes Page 9 23. Approve the Widseth Proposal for Professional Engineering Service in the Not to Exceed Amount of $152,200.00 for the 2025 Design Road & TH 371 Stormwater Improvements Project, Municipal Project No. 4312 WiDSETH Consulting Engineer Bitter explained the fee amendment is to bring the project through the bidding phase. WiDSETH has reviewed the project with MNDOT and has an understanding of the items required to get the project to the bidding phase. The proposed scope of services includes the following:  Feasibility Study Update  Preliminary Engineering and Survey Services  Preliminary Assessment Services  Design Services  Advertising/Bidding/Award Services WiDSETH proposes to perform the services described above on an hourly basis, in accordance with the attached fee schedule, for the Not to Exceed Amount of $152,200.00. This would bring the total WiDSETH budget to $229,300.00. MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to approve the Widseth Proposal for Professional Engineering Service in the Not to Exceed Amount of $152,200.00 for the 2025 Design Road & TH 371 Stormwater Improvements Project, Municipal Project No. 4312. Motion carried unanimously. 24. 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. 25. Approve the Widseth Fee Amendment Proposal for Professional Services in the Not to Exceed Amount of $53,014.00 for the 2025 Mill & Overlay and Full Depth Reclamation Improvements Project, Municipal Project No. 4425 WiDSETH Consulting Engineer Bitter informed the commission this is for additional information regarding the city sanitary sewer and storm sewer needed to be televised. The intent for collecting this information is to include repairs if needed in the final Feasibility Report and in the project budget. Mr. Bitter plans to work with Nelson Sanitation. to collect the additional information. Nelson Sanitation will clean and televise approximately 26,170 linear feet of sanitary sewer and approximately 3,023 linear feet of storm sewer facilities within the 2025 project limits. Nelson’s Sanitations estimate to complete the services is anticipated to be $49,324. WiDSETH will not be adding a mark-up for Nelson’s services but is anticipating an additional $3,690 in effort to coordinate with Nelson and review the final report. Chair Yliniemi inquired on the quality of their cameras since there has been some issues with cloudiness of the video. Public Works Director/City Engineer Walter stated there are things that can affect the quality of the video including amount of water in the line, steam and the time of year. Mr. Bitter stated that quotes were sent out to several companies and Nelson was the low quote. There are approximately three companies that do this type of work in the area. 5/8/2024 Utilities Commission Minutes Page 10 MOTION by Commissioner Christofferson, seconded by Commissioner Stenberg to approve the Widseth Fee Amendment Proposal for Professional Services in the Not to Exceed Amount of $53,014.00 for the 2025 Mill & Overlay and Full Depth Reclamation Improvements Project, Municipal Project No. 4425. Motion carried unanimously. 26. Wellhead Protection Plan Part II Project Monthly Update There was no new information or questions from the commission or the public. 27. Approve the Widseth Proposal for Fee Amendment in the Not to Exceed Amount of $22,040 for the Part II Wellhead Protection Plan WiDSETH Consulting Engineer Bitter explained the original contract was for $10,000.00. This included scoping meetings, conduct a contamination source inventory, describe impact of land use changes on public water supply, identify issues, problems and opportunities, establish WHP goals, prepare objectives and plan of action, create an evaluation program, develop a contingency plan, conduct a public hearing to provide information about the WHP Plan and submit Part II WHP Plan to the Minnesota Department of Health (MDH). The total professional service fees to date are $39,154.25. Professional services exceeded the original contract amount for the following reasons:  City staff requested monthly meetings to review progress on the plan – eight meetings total at 2 hours per meeting at $185.00 per hour and $130.00 per hour equaling $5,040.00 in additional fees.  City staff requested presentations with the Utility Commission and the City Council Workshop, which were outside the scope. Two hours per meeting at $185.00 per hour equaling $740.00 in additional fees. WiDSETH staff spent time reviewing as built sewer system hookups for properties around Perch Lake to determine if they had a septic tank converted to a lift tank to be included in the Potential Contaminant Source Inventory (PCSI). Two hours at $185.00 per hour and 6 hours at $130.00 per hour equaling $1,150.00 in additional fees.  MDH implemented new requirements for their PCSI after the proposal was signed. This added eight hours of additional time on the PCSI at $130.00 per hour, equaling $1,040.00 in additional fees.  The work was to be largely completed in 2022, however, MN Department of Health did not complete their work evaluating the DWSMA until 2023 resulting in an 8 percent increase in overall rates equaling $800.00 in additional fees.  Due to a comment from the Public Informational Meeting WiDSETH researched and review ed PFA data and reported on it. This added four hours at $185.00 per hour and 2 hours a $130.00 per hour, equaling $1,000.00 in additional fees. While reviewing time charged to this project, WiDSETH noted time spent training new staff. WiDSETH will absorb this cost and reduce the unbilled services by $29,614.00. WiDSETH has submitted invoices, which have exceeded the project budget. These invoices submitted can be disregarded. WiDSETH anticipates an additional $2,500.00 in effort will be required to address State comments and review the final report with 5/8/2024 Utilities Commission Minutes Page 11 City Council for final approval. WiDSETH is, therefore, requesting a total of $12,040.00 in additional fees for this project. Public Works Director/City Engineer Walter noted that Mr. Ross is retiring and has been training in the environmental technician. MOTION by Commissioner Christofferson, seconded by Commissioner Stenberg to approve the Widseth Proposal for Fee Amendment for the Part II Wellhead Protection Plan in the Not to Exceed Amount of $22,040.00. Motion carried unanimously. 28. Lead Service Line Inventory Project Monthly Update There was no new information or questions from the commission or the public. 29. Approve the Widseth Proposal for Professional Services in the Not to Exceed Amount of $53,640.00 for the Lead Service Line Inventory Project WiDSETH Consulting Engineer Bitter reviewed the proposal for the Lead Service Line Inventory for the City of Baxter. All public water systems in the State of Minnesota must complete and submit a Lead Service Line Inventory by October 16, 2024. The objectives are to identify and locate lead services lines in the water distribution system which includes both public and private lines. There is a small portion of Baxter water system constructed before 1986. The State of Minnesota adopted the Safe Drinking Water Act banning the use of lead in drinking water supply conduit. Public Works Director/City Engineer Walter inquired on the cost of the proposal. Mr. Bitter stated he has consulted with other engineers/project managers within WidSETH and the fee is comparable. Mr. Bitter stated that the city would only be billed for the time used and the project could come in under that amount. MOTION by Commissioner Christofferson, seconded by Commissioner Stenberg to approve the Widseth Proposal for Professional Services in the Not to Exceed Amount of $53,640.00 for the Lead Service Line Inventory Project. Motion carried unanimously. 30. Lift Station No. 15 Reconstruction Project Monthly Update There was no new information or questions from the commission or the public. 31. Accept the CCS Contracting, Inc. Lump Sum Bid in the Amount of $97,200 for the Lift Station No. 15 Reconstruction Project. WiDSETH Consulting Engineer Bitter stated that Pursuant to authority of the City Council and after proper legal advertisement, bids for the reconstruction of Lift Station No. 15, located at the intersection of Jasperwood and Marble Roads, City of Baxter, Minnesota, were obtained on Thursday, April 11, 2024, at 11:30 A.M., at the Baxter City Hall. The city received the following bids:  CCS Contracting, Inc. $ 97,200.00  Tom’s Backhoe Service, Inc. $112,500.00  Anderson Brothers Construction Company of Brainerd, LLC $122,594.02 5/8/2024 Utilities Commission Minutes Page 12 Engineer’s Estimate $165,100.00 Mr. Bitter had no concerns with the CCS Contracting Inc. lump sum bid and recommended approval. MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to accept the CCS Contracting, Inc.’s Lump Sum Bid in the Amount of $97,200.00 for the Lift Station No. 15 Reconstruction Project. Motion carried unanimously. 32. 2026 Clearwater Road and North Lynndale Area Improvements Project Monthly Update There was no new information or questions from the commission or the public. 33. Accept the 2026 Clearwater Road and North Lynndale Area Utility and Roadway Improvements Project Feasibility Report and Update the Capital Improvements Plan WiDSETH Consulting Engineer Bitter reminded the commission on March 19, 2024, the City Council reviewed the draft Clearwater Road project, which was initially listed in the CIP as a 2025 project. As a standalone project, the Clearwater Road Improvements did not meet the minimum 20% assessment requirement needed to issue a local improvement bond. Therefore, the Council passed a motion to move the Clearwater Road project to 2026 and combine it with the North Lynndale Area project. This report combines the two projects and studies the feasibility of extending sanitary sewer and water service in the two project areas. The report reviews existing conditions, proposes feasible improvements, estimates project costs, discusses project implementation, and presents conclusions and recommendations. Public Works Director/City Engineer Walter informed the commission of two (2) residential homes that have failing septic systems and are imminent health hazards. The homes are having their septic systems pumped on a weekly basis. One of the residences is a group home and has to have their water tested by the MN Department of Health and has arsenic in their water. The property owner has installed a reverse osmosis system in the home which can remove most substances that can be found in drinking water including arsenic, chloride and nitrates. Mr. Bitter stated that the septic conditions and water issue concern has been added into the Feasibility Report. MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to accept the 2026 Clearwater Road and North Lynndale Area Utility and Roadway Improvements Project Feasibility Report and update the Capital Improvements Plan. Motion carried unanimously. 34. Baxter/Brainerd Chlorination & Metering Station (Interconnect Building) Standard Operating Procedures The commission stated that staff had done an excellent job on the Standard Operating Procedures. MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to accept the Baxter/Brainerd Chlorination & Metering Station (Interconnect Building) Standard Operating Procedures. Motion carried unanimously. 35. Holden Electric South Water Tower On-Site Evaluation 5/8/2024 Utilities Commission Minutes Page 13 The on-site evaluation was presented to the commission as information only. 36. Approve the Utilities Commission Special Meeting on May 22, 2024 at 5:30 p.m. SEH Water Operational Specialist Kevin Young gave a brief explanation of the request for the special meeting. Specific items to be discussed at the meeting will include the following: 1. Background of 2023 water demands and well field data. 2. Results of well rehabilitation efforts completed to date. 3. Review of the Existing Wellfield Evaluation Report completed by SEH. 4. Estimated costs of near-term water supply needs. Public Works Director/City Engineer Walter stated that at the May 7th council meeting the City Council was invited to attend the Special Utilities Commission Meeting. MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to approve the Utilities Commission Special Meeting on May 22, 2024 at 5:30 p.m. Motion carried unanimously. INFORMATIONAL ITEMS 37. 2022 Full Depth Reclamation and Reconstruction Improvements Project Monthly Update There was no new information or questions from the commission or the public. 38. 2023 Cypress Drive and Douglas Fir Drive Improvements Project Monthly Update There was no new information or questions from the commission or the public. 39. 2023 Knollwood Drive Improvements Project Monthly Update There was no new information or questions from the commission or the public. 40. 2023 Novotny Road Improvements Project Monthly Update There was no new information or questions from the commission or the public. 41. 2023 Stormwater Program There was no new information or questions from the commission or the public. 42. 2024 CSAH 77 Utility Improvements Project Monthly Update There was no new information or questions from the commission or the public. 43. 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. 44. 2024 Micro Surfacing Project Update There was no new information or questions from the commission or the public. 5/8/2024 Utilities Commission Minutes Page 14 45. 2024 Water System CAMP Monthly Update There was no new information or questions from the commission or the public. 46. 2024 Water System Hydraulic Model Update and Water System 20-Year Use Projections Project There was no new information or questions from the commission or the public. 47. 2024 Well Rehabilitation Project Monthly Update There was no new information or questions from the commission or the public. 48. 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. 49. Baxter 20-Year Public Works Facility Assessment Project Monthly Update There was no new information or questions from the commission or the public. 50. Cypress Drive Connection to Woida Road Improvements Feasibility Report Monthly Update There was no new information or questions from the commission or the public. 51. Eagle Drive Area Improvements Project Monthly Update There was no new information or questions from the commission or the public. 52. Evergreen Drive/Douglas Fir Drive Traffic Impact Study Monthly Update There was no new information or questions from the commission or the public. 53. Fairview Road Extension Feasibility Report Monthly Update There was no new information or questions from the commission or the public. 54. Holiday Station Store Contamination Project Monthly Update There was no new information or questions from the commission or the public. 55. Inglewood Drive to Garrett Lane Stormwater Outlet Study Project Monthly Update There was no new information or questions from the commission or the public. 56. Lift Station 13 Reconstruction Project Monthly Update There was no new information or questions from the commission or the public. 57. Oakwood Drive Improvements Project Feasibility Report Project Monthly Update There was no new information or questions from the commission or the public. 5/8/2024 Utilities Commission Minutes Page 15 58. Timberwood Drive Traffic Impact Study Monthly Update There was no new information or questions from the commission or the public. 59. Wastewater Treatment Plant Charges for March & April 2024 There was no new information or questions from the commission or the public. 60. 2023 Whiskey Creek Pedestrian Bridge Inspection Project Monthly Update There was no new information or questions from the commission or the public. 61. Whiskey Creek Stormwater Improvements Project Monthly Update There was no new information or questions from the commission or the public. 62. 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 Commissioner Christofferson to adjourn at 7:15 p.m. Motion carried unanimously. Approved by: Respectfully Submitted, _____________________________ _____________________________ Rock Yliniemi Mary Haugen Chairman Administrative Assistant

Agenda

UTILITIES COMMISSION AGENDA Wednesday, May 08, 2024 at 5:30 PM Baxter City Hall, 13190 Memorywood Drive, Baxter, MN “A Growing Community” CALL TO ORDER ROLL CALL CONSENT AGENDA 1. Approve the Utilities Commission Minutes from April 3, 2024 BUSINESS ITEMS 2. Recommend Planning and Zoning Commision Approve Preliminary and Final Plat for Forestview Acres and Zoning Change 3. Adopt Resolution 2024-0XX Approving the Northridge Investments, LLC Assessment Waiver Agreement for the 2024 South Forestview Area Improvements Project, Municipal Project No. 4138 4. Recommend Planning and Zoning Commission Approve the Brandon Corner Preliminary and Final Plat and Vacation 5. Approve Sure Grace LLC Stormwater Facilities Maintenance Agreement with Access Rights and Covenants 6. Recommend Planning and Zoning Commission Approve the Perk Place Preliminary and Final Plat 7. Recommend Planning and Zoning Commission Approve the Conditional Use Permits for a Fuel Station and for a Car Wash and Approve a Variance for Car Wash Stacking 8. Approve Kwik Trip Inc Escrow Agreement for Inspection Services and Asbuilts 9. Approve Kwik Trip Limited Use Agreement 10. Approve Stormwater Facilities Maintenance Agreement with Access Rights and Covenants for Kwik Trip 11. 2022 Trunk Highway 210 & Inglewood Drive Railway Crossing Improvements Project Update, Municipal Project No. 4121 12. Approve the BNSF Invoice No. 90266369 in the amount of $19,909.55 for the 2022 TH 210 and Inglewood Drive Improvements Project, Municipal Project No. 4121 13. Approve the BNSF Invoice No. 90266709 in the amount of $130.10 for the 2022 TH 210 and Inglewood Drive Improvements Project, Municipal Project No. 4121 14. 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements Project Monthly Update 5/8/2024 Utilities Commission Agenda Page 2 15. Approve the Anderson Brothers Construction Change Order No. 5 in the increased amount of $52,983.27 for the 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements Project 16. Approve the Jet Line Sales & Service, LLC Contract in the amount of $1,757.00 for the 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements Project 17. 2024 South Forestview Improvements Project Monthly Update 18. Approve the RL Larson Excavating, Inc. Change Order No. 1 in the amount of $47,477.90 for the 2024 South Forestview Improvements Project, Municipal Project No. 4138 19. Approve RL Larson Excavating, Inc Partial Pay Estimate No. 1 to. in the amount of $413,775.45 for the 2024 South Forestview Area Improvements Project, Municipal Project No. 4138 20. 2024 Mill & Over and Full Depth Reclamation Improvements Project Monthly Update 21. Approve the Widseth Proposal for Construction Administration Services in the Not to Exceed Amount of $487,800.00 for the 2024 Mill & Overlay and Full Depth Reclamation Improvements Project, Municipal Project No. 4424 22. 2025 Design Road & TH 371 Stormwater Improvements Project Monthly Update 23. Approve the Widseth Proposal for Professional Engineering Service in the Not to Exceed Amount of $152,200.00 for the 2025 Design Road & TH 371 Stormwater Improvements Project, Municipal Project No. 4312. 24. 2025 Mill & Overlay, Full Depth Reclamation and Reconstruction Improvements Project Monthly Update 25. Approve the Widseth Fee Amendment Proposal for Professional Services in the Not to Exceed Amount of $53,014.00 for the 2025 Mill & Overlay and Full Depth Reclamation Improvements Project, Municipal Project No. 4425 26. Wellhead Protection Plan Part II Project Monthly Update 27. Approve the Widseth Proposal for Fee Amendment in the Not to Exceed Amount of $22,040 for the Part II Wellhead Protection Plan 28. Lead Service Line Inventory Project Monthly Update 29. Approve the Widseth Proposal for Professional Services in the Not to Exceed Amount of $53,640.00 for the Lead Service Line Inventory Project. 30. Lift Station No. 15 Reconstruction Project Monthly Update 31. Accept the CCS Contracting, Inc. Lump Sum Bid in the Amount of $97,200 for the Lift Station No. 15 Reconstruction Project. 32. 2026 Clearwater Road and North Lynndale Area Improvements Project Monthly Update 5/8/2024 Utilities Commission Agenda Page 3 33. Accept the 2026 Clearwater Road and North Lynndale Area Utility and Roadway Improvements Project Feasibility Report and Update the Capital Improvements Plan 34. Baxter/Brainerd Chlorination & Metering Station (Interconnect Building) Standard Operating Procedures 35. Holden Electric South Water Tower On-Site Evaluation 36. Approve the Utilities Commission Special Meeting on May 22, 2024 at 5:30 p.m. INFORMATIONAL ITEMS 37. 2022 Full Depth Reclamation and Reconstruction Improvements Project Monthly Update 38. 2023 Cypress Drive and Douglas Fir Drive Improvements Project Monthly Update 39. 2023 Knollwood Drive Improvements Project Monthly Update 40. 2023 Novotny Road Improvements Project Monthly Update 41. 2023 Stormwater Program 42. 2024 CSAH 77 Utility Improvements Project Monthly Update 43. 2024 Evergreen Drive Improvements and Southeast Baxter Stormwater Overflow Improvements Project Monthly Update 44. 2024 Micro Surfacing Project Update 45. 2024 Water System CAMP Monthly Update 46. 2024 Water System Hydraulic Model Update and Water System 20-Year Use Projections Project 47. 2024 Well Rehabilitation Project Monthly Update 48. 2026 Mill & Overlay, Full Depth Reclamation and Reconstruction Improvements, Project Monthly Update 49. Baxter 20-Year Public Works Facility Assessment Project Monthly Update 50. Cypress Drive Connection to Woida Road Improvements Feasibility Report Monthly Update 51. Eagle Drive Area Improvements Project Monthly Update 52. Evergreen Drive/Douglas Fir Drive Traffic Impact Study Monthly Update 53. Fairview Road Extension Feasibility Report Monthly Update 54. Holiday Station Store Contamination Project Monthly Update 55. Inglewood Drive to Garrett Lane Stormwater Outlet Study Project Monthly Update 5/8/2024 Utilities Commission Agenda Page 4 56. Lift Station 13 Reconstruction Project Monthly Update 57. Oakwood Drive Improvements Project Feasibility Report Project Monthly Update 58. Timberwood Drive Traffic Impact Study Monthly Update 59. Wastewater Treatment Plant Charges for March & April 2024 60. 2023 Whiskey Creek Pedestrian Bridge Inspection Project Monthly Update 61. Whiskey Creek Stormwater Improvements Project Monthly Update 62. Whiskey Creek Planting Plans Project Monthly Update ADJOURN

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