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Utilities Commission Meeting

Regular Meeting

Baxter, MN · August 4, 2022

AgendaPacketMinutes

Minutes

UTILITIES COMMISSION MEETING MINUTES Thursday, August 04, 2022 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: Commissioner 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, Assistant City Engineer Trevor Thompson, and Administrative Assistant Mary Haugen. OTHERS PRESENT: Bolton & Menk Consulting Engineer Bryan Drown and Derek Arens, SEH Consulting Engineer Bryan Remer and Casey Zins, and WiDSETH Consulting Engineer Aric Welch. CONSENT AGENDA 1. Approve the Utilities Commission Meeting Minutes of July 6, 2022 MOTION by Commissioner Stenberg, seconded by Commissioner Brenny to approve the Utilities Commission Minutes of July 6, 2022. Motion carried unanimously. BUSINESS ITEMS 2. Approve Four Leaf Holdings LLC Stormwater Facilities Maintenance Agreement Public Works Director/City Engineer Walter informed the commission the Social Security building located at 8331 Brandon Road has a building permit in with a proposed expansion. The expansion requires a review on stormwater to ensure they are meeting the 100-year design requirement. This is the standard stormwater facilities maintenance agreement the City uses. The stormwater agreement is a requirement of MCM 5 under section 20.3 of the 2020 Municipal Separate Storm Sewer System Permit. MOTION by Commissioner Brenny, seconded by Commissioner Christofferson to approve of the Four Leaf Holdings LLC Stormwater Facilities Maintenance Agreement. Motion carried unanimously. 3. Approve the Menard, Inc. Stormwater Facilities Maintenance Agreement for Lot 1, Block 1, MENARD THIRD ADDITION and Stormwater Facilities Maintenance Agreement Lot 1, Block 2, MENARD THIRD ADDITION 8/4/2022 Utilities Commission Meeting Minutes Page 2 Public Works Director/City Engineer Walter informed the commission that Menard, Inc. has submitted a land use application, plat, and several variances for the loading dock expansion and off-street parking which has triggered the agreements. Menard, Inc. currently has no recorded Stormwater Facilities Maintenance Agreements on file with the City. This is the standard stormwater facilities maintenance agreement the City uses. The stormwater agreement is a requirement of MCM 5 under section 20.3 of the 2020 Municipal Separate Storm Sewer System (MS4) Permit. For existing developments, city practice is to require a stormwater facilities maintenance agreement anytime council approval is required such as a CUP, platting, variance request, or any zoning approvals that effect stormwater quality for a property that does not currently have an agreement in place. MOTION by Commissioner Brenny, seconded by Commissioner Stenberg to approve the Menard, Inc. Stormwater Facilities Maintenance Agreement for Lot 1, Block 1, MENARD THIRD ADDITION and Stormwater Facilities Maintenance Agreement Lot 1, Block 2, MENARD THIRD ADDITION. Motion carried unanimously. 4. Recommend Planning and Zoning Deny the Variance for Curb Cut, Loading Maneuvering, and loading Screening; and to Approve the Plat, Conditional Use Permit, and Remaining Variances to allow a Yard Expansion and Off-Site Parking Expansion, as Outlined in the “Summary of Staff’s Recommendation” Section of this Staff Report Public Works Director/City Engineer Walter stated that Menards has submitted a Land Use Application for an Architectural Review, Conditional Use Permit (CUP), Plat Application, and Variances. The commission reviewed the applications that had been submitted. Mr. Walter and Assistant City Engineer Thompson presented any concerns regarding streets, water, sanitary sewer, and storm sewer from the City’s standpoint. Mr. Thompson stated that Menard’s has stated the need for the expansion is due to online orders. Mr. Thompson gave a summary of staff’s recommendations which would be to deny the following items for the Land Use Application and add the following conditions:  Deny variance for loading dock without screening, where a non-residential loading area is next to residential property.  Deny variance for exceeding the 30-foot curb cut requirement for pavement access from a public street. o If this variance is accepted, then a condition to reconstruct the radii at Dellwood Drive and Whispering Woods Lane to 30 feet needs to be included to allow for truck traffic. o If this variance is accepted, then a condition should be included to require Menards to improve Whispering Woods Lane from Dellwood Drive to 250 feet east of Mertens Drive to be constructed to a 10-ton design (City standard for all commercial roads) and the urban section (curb and gutter) needs to be extended to 250 feet east of Mertens Drive.  Deny variance to allow loading maneuvering in a public street.  Conditions prior to recording the plat: o Dedicate easements over the regional ponds and install any storm sewer improvements needed to convey water from existing regional ponds if relocated. o Dedicate easements on the plat over all existing and proposed watermain. 8/4/2022 Utilities Commission Meeting Minutes Page 3 o Require a Development Agreement for the Municipal Improvements prior to the plat being recorded or a building permit issued. o Provide flashing lights and streetlights at the pedestrian crossing on Whispering Woods Lane from the off-street parking lot. o Dedicated a 30 foot x 30 foot site triangle on the plat at the intersection of Pearl Drive and Whispering Woods Lane.  Conditions prior to issuing a building permit: o Public Works Director/City Engineer shall review and approve Civil Drawings. o Provide well sealing certificate from the Minnesota Department of Health for sealing the well on the recently acquired residential property. o If watermain extension is needed along Whispering Woods Lane, then the sanitary sewer main shall be extended and the road reconstructed to a 10 ton road as far east as the watermain is required. o Eliminate grading that is currently shown in the Civil Drawings within the 30 foot Conservation Easement along the east property line of Lot 1 ,Block 1 of the MENARDS THIRD ADDITION Plat. Mr. Walter noted that Community Development Director Doty had discussed the Menard, Inc. application with the City Attorney. The City Attorney stated the City of Baxter has the right to choose whether to approve or deny each of the submittals. MOTION by Commissioner Christofferson, seconded by Commissioner Brenny to recommend Planning & Zoning deny the variance for curb cut, loading maneuvering, and loading screening; and to approve the plat, conditional use permits, and remaining variances to allow a yard expansion and off-site parking expansion, as outlined in the “Summary of Staff’s Recommendation” section of this staff report. Motion carried unanimously. 5. Accept the 2022 PASER Street Ratings Bolton & Menk Consulting Engineer Drown reviewed the 2022 PASER Street Ratings. This rating system is done every three (3) years and ratings are based on a 1 to 10 scale with 10 being a newly paved street. The city wide PASER rating considering local and MSA streets shows the system holding steady at a 6.94 rating. As listed in the City Pavement Management Program, most cities strive to maintain their streets at an average condition rating of 7 to 8. MOTION by Commissioner Stenberg, seconded by Commissioner Brenny to accept the 2022 PASER Street Ratings. Motion carried unanimously. 6. Foley Road, Isle Drive, and Forthun Road Improvements Project Update, City Improvement No. 4114 Chairman Yliniemi inquired if there were any questions or concerns with the 2022 Foley Road, Isle Drive and Forthun Road Improvements Project Monthly Update. There was no new information or questions from the commission or the public. 7. Approve the RL Larson Excavating, Inc. Change Order No. 2 in the increased amount of $19,928.50 for the 2022 Foley Road, Isle Drive, and Forthun Road Improvements Project, City Improvement No. 4114 8/4/2022 Utilities Commission Meeting Minutes Page 4 Bolton & Menk Consulting Engineer Drown reviewed the RL Larson Excavating Change Order No. 2 in the increased amount of $19,928.50 for the 2022 Foley Road, Isle Drive and Forthun Road Improvements Project. Change Order No. 2 includes the following items:  Added business signage for Forthun Riad businesses.  Revies 11 water services from 1” diameter to 2” diameter. Mr. Drown has no concerns with Change Order No. 2 and recommended approval. MOTION by Commissioner Christofferson, seconded by Commissioner Stenberg to approve the RL Larson Excavating Change Order No. 2 in the increased amount of $19,928.50 for the 2022 Foley Road, Isle Drive and Forthun Road Improvements Project. Motion carried unanimously. 8. Approve the RL Larson Excavating, Inc. Partial Pay Estimate No. 2 in the amount of $478,585.97 for the 2022 Foley Road, Isle Drive, and Forthun Road Improvements Project, City Improvement No. 4114 Bolton & Menk Consulting Engineer Drown reviewed the RL Larson Excavating Partial Pay Estimate No. 2 in the amount of $478,585.97 for the 2022 Foley Road, Isle Drive and Forthun Road Improvements Project. The Contractor has earned $1,097,620.06 to date which represents 31% of the contract value. In accordance with the agreement, 5% of the amount earned is being retained and previous payments in the amount of $619,034.09 have been made to the Contractor, which results in a payment of $478,585.97. MOTION by Commissioner Stenberg, seconded by Commissioner Brenny approve the RL Larson Excavating, Inc. Partial Pay Estimate No. 2 in the amount of $478,585.97 for the 2022 Foley Road, Isle Drive, and Forthun Road Improvement Project, City Improvement No. 4114. Motion carried unanimously. 9. 2022 Trunk Highway 210 & Inglewood Drive Railway Crossing Improvements Project Update - City of Baxter - Municipal Project No.: 4121 BMI Project No. T42.120675 Chairman Yliniemi inquired if there were any questions or concerns with the 2022 Trunk Highway 210 & Inglewood Drive Railway Crossing Improvements Project. Bolton & Menk Consulting Engineer Arens gave a brief update on the project which included recent changes to the plans, addition of Addendum No. 3 and a revised project schedule. 10. Adopt Resolution No. 2022- XXX Accepting the Bid from Anderson Brothers Construction Company in the amount of $2,127,824.08 Public Works Director/City Engineer Walter noted this information was just being presented to the Utilities Commission for the first time as the bids were opened on Monday. Bolton & Menk Consulting Engineer Arens informed the commission that pursuant to authority of the City Council and after proper legal advertisement, bids for the above referenced project were obtained at 11:00 a.m. in the Baxter City Hall, Monday August 1, 2022. The City received the following bids: 8/4/2022 Utilities Commission Meeting Minutes Page 5  Anderson Brothers Construction $2,127,824.08  J. R. Ferche, Inc. $2,256,151.80  Engineer’s Estimate $1,710,978.40 The apparent low bidder is Anderson Brothers Construction of Brainerd, MN. The apparent low bid is approximately 24.4% higher than the engineer’s estimate with the highest bid 31.9% higher. Apparent low bid prices have been utilized to update total project costs. Total project costs include construction, 5% contingencies, land acquisition, engineering, legal, financial, administrative, and permit fees. Mr. Arens gave a breakdown of the project’s increased costs from the Feasibility Report from September 2021 to the actual bids. Significant costs were noted in the BNSF signal crossing construction, due to increased steel costs, recent market inflation markup and higher oil & gas prices. Public Works Director/City Engineer Walter noted the contractor will do the majority of the bituminous work next year, so costs were increased due to the unknown inflation in 2023. Commissioner Stenberg inquired if the costs go down will the price be lowered. Mr. Walter stated the City would still pay the costs in the contract unless the project was rebid. MOTION by Commissioner Stenberg, seconded by Commissioner Brenny to approve adopting Resolution No. 2022- XXX Accepting the Bid from Anderson Brothers Construction Company in the amount of $2,127,824.08. Motion carried unanimously. Mr. Walter, for clarification purposes, noted that City costs have gone up approximately $200,000. Mr. Arens reviewed the city, state and federal project costs. 11. Adopt Resolutions No. 2022-XXX for Ordering of the Assessment Hearing for the 2022 TH 210/Inglewood Drive Improvement Project, City Improvement No. 4121 Public Works Director/City Engineer Walter noted this information was just being presented to the Utilities Commission for the first time as the bids were opened on Monday. Bolton & Menk Consulting Engineer Arens gave a brief description of the project area. The assessment hearing has been scheduled for 6:00 p.m. on Thursday, September 1, 2022 in the Baxter City Hall in the Council Chambers. Public notice of the hearing will be published in the Brainerd Dispatch and mailed to the affected property owners. The hearing will be held after construction has started to to the project timeline. The total estimated cost of the improvements is $3,852,821. The portion of the cost to be paid by the City is estimated to be $1,552,058 and the estimated portion of the cost to be assessed to benefitting property owners is $149,965.75. Public Works Director/City Engineer stated the city’s portion of the project has gone up $231,000 and the assessments have gone up $27,000.00. The city is still $204,000 more than was anticipated in the feasibility report. Chairman Yliniemi stated this could be moved onto City Council, the commission is a recommending body, for the final decision. Mr. Walter stated the project will come down to the assessment hearing and what should be done in the best interest of the City. State and Federal agencies will need to approve the increased project costs and until the agencies approve the increased costs the City cannot act on the project. 8/4/2022 Utilities Commission Meeting Minutes Page 6 MOTION by Commissioner Stenberg, seconded by Commissioner Brenny to approve adopting Resolution No. 2022- XXX Ordering of the Assessment Hearing for the 2022 TH 210/Inglewood Drive Improvement Project, City Improvement No. 4121. Motion carried unanimously. 12. Approve Bolton and Menk Fee Amendment No. 6 in the Not to Exceed Amount of $209,702 for the 2022 Trunk Highway 210/Inglewood Drive Improvements and 2022 Foley Road, Isle Drive, and Forthun Road Improvements Projects Public Works Director/City Engineer Walter noted this information was just being presented to the Utilities Commission for the first time since it was not in their original packet. Bolton & Menk Consulting Engineer Arens stated the original entire amendment letter presented at the July 8th meeting, was split into two per the City’s request. The additional items that weren’t time sensitive and needed further documentation are addressed with Fee Amendment No. 6. The total amendment amount that Bolton & Menk is seeking for Fee Amendment No. 6 is $209,702 for a total not to exceed contract amount of $1,126,552. Total budgeted amount for engineering and construction observation services between both the Foley Road and T.H. 210/Inglewood Drive projects is $1,228,570. This number is based on the City standard typical of 22% of the estimated total construction costs which is $5,584,412. Therefore, with the entire amendment request, if fully granted, project engineering and construction observation costs would still be 1.3% or $72,018 below budget. Mr. Arens stated that Bolton & Menk is stilling using the original billing rates for the project. Mr. Walter inquired on the total cost Bolton & Menk is absorbing, which needs to be summarized in the report for City Council. City Administrator Chapulis had requested this information at an earlier meeting that was held. Mr. Arens stated the $150,000 amount was not shown in the report at this time. Mr. Walter stated that this information needs to be summarized showing cost to date and for the future projections. Commissioner Christofferson stated that he did not feel comfortable acting on the Fee Amendment since it was just received by the commission, and he expressed concern since the requested information by Mr. Chapulis was not included. MOTION by Commissioner Christofferson, seconded by Commissioner Brenny to table the Bolton and Menk Fee Amendment No. 6 in the not to exceed amount of $209,702 for the 2022 TH 210/Inglewood Drive Improvements and 2022 Foley Road, Isle Drive, and Forthun Road Improvements Project until the September 7th meeting. Discussion: The commission discussed what Bolton & Menk is absorbing on the project and the increased costs to the City. The commission felt that as they had just received the information it was not enough time to justify the costs. Mr. Walter stated a special commission meeting could be held next week if Bolton & Menk could have the requested information submitted to the City. Consensus of the commission was to hold a meeting next week so this could move forward to City Council. MOTION by Commissioner Christofferson, seconded by Commissioner Brenny to table the Bolton and Menk Fee Amendment No. 6 in the not to exceed amount of $209,702 for the 2022 TH 210/Inglewood Drive Improvements and 2022 Foley Road, Isle Drive, and Forthun Road Improvements Project for further information to the Special Utilities Commission Meeting on August 10th at 5:30 p.m. 8/4/2022 Utilities Commission Meeting Minutes Page 7 13. TH 210 Street Lighting Improvements Project Monthly Update Chairman Yliniemi inquired if there were any questions or concerns with the T.H. 210 Street Lighting Improvements Project. There was no new information or questions from the commission or the public. 14. Approve the Holden Electric Co., Inc. Final Pay Estimate No. 4 in the amount of $6,579.21 for the TH 210 Street Lighting Improvements, S.P. 1805-83. WiDSETH Consulting Engineer Welch reviewed Final Pay Estimate No. 4 in the amount of $6,579.21 for the T.H. 210 Street Lighting Improvements S.P. 1805-83. The Contractor has earned $124,736.51 to date which represents 104.7% of the contract value. The final payment includes the cost of unit price work completed during the last pay period and releases all retainage. This results in a final payment of $6,579.21. All punch list items have been completed and the Contractor has submitted all closeout documentation. MOTION by Commissioner Stenberg, seconded by Commissioner Brenny to approve the Holden Electric Co. Inc. Final Pay Estimate No. 4 in the amount of $6,579.21 for the T.H. 210 Street Lighting Improvements Project. Motion carried unanimously. 15. 2022 Street Improvements Project Monthly Update Chairman Yliniemi inquired if there were any questions or concerns with the 2022 Mill & Inlay and Full Depth Reclamation Improvements Project. There was no new information or questions from the commission or the public. 16. Approve the Anderson Brother Construction Change Order No. 3 in the increased amount of $11,413.47 for the 2022 Full Depth Reclamation & Reconstruction Improvements Project WiDSETH Consulting Engineer Welch reviewed Change Order No. 3 in the increased amount of $11,413.47 for the 2022 Full Depth Reclamation & Reconstruction Improvements Project. Change Order No. 3 includes the following items:  The impermeable synthetic liner in the Zip's Car Wash stormwater basins extends into the right- of-way. During construction the liner was damaged towards the top of the liner system. To restore basin function, an impermeable layer of clay was installed where the liner was damaged in lieu of repairing the synthetic liner. The additional cost for the Zips Pond repair is $2,422.11.  This work is associated with placement and removal of landscaping rock in the boulevard area adjacent to Jimmy Johns. The additional cost for the landscaping at Jimmy Johns is $5,140.73.  This work was required to replace broken gate valve box mid-sections. Replacement of the top valve box sections were included in the plan, but replacement of the mid-sections is considered additional work. The additional cost for the water valve mid-section replacement is $2000.00.  Glory Road was treated with calcium chloride to help with dust control until the roadway can be finished this fall after the Gracewin construction is complete. The additional cost for dust control is $1,850.63. 8/4/2022 Utilities Commission Meeting Minutes Page 8 Mr. Welch had no concerns with Change Order No. 3 and recommended approval. MOTION by Commissioner Brenny, seconded by Commissioner Stenberg to approve the Anderson Brother Construction Company Change Order No. 3 in the increased amount of $11,413.47 for the 2022 Full Depth Reclamation & Reconstruction Improvements Project. Motion carried unanimously. 17. Approve the Anderson Brother Construction Partial Pay Estimate No. 3 in the amount of $282,139.62 for the 2022 Full Depth Reclamation & Reconstruction Improvements Project, Municipal Project Number 4422 WiDSETH Consulting Engineer Welch reviewed Partial Pay Estimate No. 3 in the amount of $282,139.62 for the 2022 Full Depth Reclamation & Reconstruction Improvements Project. The Contractor has earned $728,027.30 to date which represents 68.8% of the contract value. In accordance with the agreement, 10% of the amount earned is being retained which results in a payment of $282,139.62. Mr. Welch has no concerns with Partial Pay Estimate No. 3 and recommended approval. MOTION by Commissioner Brenny, seconded by Commissioner Stenberg to approve the Anderson Brother Construction Company Partial Pay Estimate No. 3 in the amount of $282,139.62 for the 2022 Full Depth Reclamation & Reconstruction Improvements Project, Municipal Project Number 4422). Motion carried unanimously. 18. Lift Station 16 Reconstruction Project Monthly Update Chairman Yliniemi inquired if there were any questions or concerns with the Lift Station No. 16 Reconstruction Project. There was no new information or questions from the commission or the public. 19. Accept the Tom’s Backhoe Service, Inc. bid in the amount of $139,500.00 for the Lift Station No. 16 Reconstruction Project and increase the project budget from $180,000.00 to $218,740.00. WiDSETH Consulting Engineer Welch informed the commission that pursuant to authority of the City Council and after proper legal advertisement, bids for the above referenced project were obtained at 11:00 a.m. in the Baxter City Hall on Monday, July 25, 2022 The City received the following bid: Tom’s Backhoe Service, Inc. $139,500.00 Engineer’s Estimate $105,100.00 There were several contractors that ordered plans and expressed interest in the project but only one bid was submitted. The apparent low bidder is Tom’s Backhoe Service, Inc., with a lump sum bid of $139,500.00. This bid includes all work for the reconstruction of Lift Station No. 16, located on Edgewood Drive near Arrowwood Lodge at Brainerd Lakes. The project is currently projected to come in $38,740.00 over budget. The equipment from Quality Flow came in $4,340.00 over budget, and the bid came in $34,400.00 over budget. Engineering costs are not anticipated to change at this time. The Contactor indicates pricing is approximately 35% higher 8/4/2022 Utilities Commission Meeting Minutes Page 9 than last year. This is in line with the $139,500.00 bid being 33% higher than the budgeted amount/Engineer’s Estimate of $105,100.00. Contractors are having a difficult time procuring equipment at this time based on concerns raised by potential bidders. Based on these concerns, an Addendum was issued during bidding that extended the completion date to the end of May 2023. Discussions with Tom’s Backhoe Service, Inc. indicate that an additional $5,000.00 was built into their bid to account for additional costs if the project was not completed until next year. Tom’s Backhoe Service, Inc. has indicated they will lower their lump sum bid by $5,000.00 if they can procure the necessary equipment and complete the project this fall which seems likely at this time. Based on the current economic and bidding climate, it is unlikely the City would see better bids if the project was re-bid. Staff has also raised the possibility of bidding the project with Lift Station 13 for construction in 2023 anticipating there may be cost savings associated with economy of scale. Based on discussions with Tom’s Backhoe Service, Inc., bidding the two projects together will not result in a significant cost savings. The City would also incur additional costs of approximately $2,500.00 to $3,500.00 to re-bid the project. MOTION by Commissioner Christofferson, seconded by Commissioner Brenny to accept the Tom’s Backhoe Service, Inc. Bid in the Amount of $139,500.00 for the Lift Station No. 16 Reconstruction Project and increase the project budget from $180,000.00 to $218,740.00. Motion carried unanimously. 20. Approve Quiet Zone Assessment SEH Consulting Engineer Remer reviewed the Quite Zone Assessment with the commission which consisted of existing conditions, calculations, proposed improvements, and project costs. The City has been working toward the goal of implementing the quiet zone for several years. The report was prepared with input from City Staff that summarizes the actions taken to date and the necessary next steps, including an associated cost opinion, to attain quiet zone designation on all railroad crossings in Baxter by 2024. The assessment reviewed the following at grade crossings:  Timberwood Drive.  Highland Scenic Road (County Road 48).  Knollwood Drive (MSAS 101).  Inglewood Drive (Propose).  Elder Drive (MSAS 118).  MN Trunk Highway 371.  Cypress Drive (MSAS 113). Public Works Director/City Engineer Walter stated the Timberwood Crossing was never thought of as part of the Quiet Zone. Mr. Remer stated the trail crossing improvements at Timberwood Drive are not required to meet the quiet zone requirements; however, are recommended to remain consistent with the other trail crossings within the City limits. Commissioner Brenny inquired if the City could lose the Quiet Zone status. Mr. Remer explained the FRA (Federal Rail Authority) updates the quiet zone calculations and thresholds frequently; however, 8/4/2022 Utilities Commission Meeting Minutes Page 10 he could not guarantee crossings that meet the requirements today will continue to meet the requirements long term. MOTION by Commissioner Stenberg, seconded by Commissioner Brenny to accept the Quiet Zone Assessment. Motion carried unanimously. 21. Adopt Resolution No. 2022-XXX Relating to Parking Along Parkwood Drive Public Works Director/City Engineer Walter explained that the City of Baxter has received complaints on the excessive parking along the grass and road on the east side of Parkwood Drive and Mountain Ash Drive which is a result of the recreational programs held at Loren Thompson Park. The City had previously constructed a parking lot that can be accessed from Mountain Ash Drive/Parkwood Drive. The proposed resolution would prohibit parking on the east side of Parkwood Drive. MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to adopt Resolution No. 2022-XXX Relating to Parking Along Parkwood Drive. Motion carried unanimously. 22. Adopt Ordinance No. 2022-XXX Approving an Ordinance Amendment to the Right-of-Way Management Ordinance Public Works Director/City Engineer Walter explained that staff is looking to provide clarification to the right-of-way management ordinance by adding content to address access onto right-of-way in residential zones. Staff has interpreted the current ordinance where corner lots may apply for a Conditional Use Permit to allow for access to both streets if desired but non-corner lots are only allowed one access per parcel. The proposed ordinance language would provide clarification, staff intends to review the entire right- of-way ordinance this winter if time permits. MOTION by Commissioner Stenberg, seconded by Commissioner Brenny to adopt Ordinance No. 2022- XXX approving an ordinance amendment to the right-of-way management ordinance. Motion carried unanimously. INFORMATIONAL ITEMS 23. 2021 Baxter Street Improvements Project Monthly Update Chairman Yliniemi inquired if there were any questions or concerns with the 2021 Mill & Inlay and Full Depth Reclamation Improvements Project. There was no new information or questions from the commission or the public. 24. 2022 Micro Surfacing Project Update Chairman Yliniemi inquired if there were any questions or concerns with the 2022 Micro Surfacing Improvements Project. There was no new information or questions from the commission or the public. 25. 2023 Commercial and Residential Full Depth Reclamation Improvements Project Monthly Update 8/4/2022 Utilities Commission Meeting Minutes Page 11 Chairman Yliniemi inquired if there were any questions or concerns with the 2023 Commercial and Residential Full Depth Reclamation Improvements Project. There was no new information or questions from the commission or the public. 26. 2023 Cypress Drive and Douglas Fir Drive Improvements Project Monthly Update Chairman Yliniemi inquired if there were any questions or concerns with the 2023 Cypress Drive and Douglas Fir Drive Improvements Project. There was no new information or questions from the commission or the public. 27. 2023 Knollwood Drive Improvements Project Monthly Update Chairman Yliniemi inquired if there were any questions or concerns with the 2023 Knollwood Drive Improvements Project Monthly Update. There was no new information or questions from the commission or the public. 28. CSAH 48 Corridor Study Monthly Project Update Chairman Yliniemi inquired if there were any questions or concerns with the CSAH 48 Corridor Traffic Study Monthly Update. There was no new information or questions from the commission or the public. 29. Eagle Drive Area Improvements Project Monthly Update Chairman Yliniemi inquired if there were any questions or concerns with the Eagle Drive Area Improvements Project Monthly Update. There was no new information or questions from the commission or the public. 30. Holiday Station Store Contamination Project Monthly Update Chairman Yliniemi inquired if there were any questions or concerns with the Holiday Station Contamination Assistance Project Monthly Update. There was no new information or questions from the commission or the public. 31. 2019 Inglewood Drive Drainage Improvements Project Monthly Update Chairman Yliniemi inquired if there were any questions or concerns with the Inglewood Drive Drainage Improvements Project Monthly Update. There was no new information or questions from the commission or the public. 32. Novotny Road and Edgewood Drive Traffic Impact Study Monthly Update Chairman Yliniemi inquired if there were any questions or concerns with the Novotny Road and Edgewood Drive Traffic Impact Study Monthly Update. There was no new information or questions from the commission or the public. 33. Section 6 Area A1 Outlet Improvements Project Monthly Update Chairman Yliniemi inquired if there were any questions or concerns with the Section 6 Area A1 Stormwater Outlet Design Project Monthly Update. There was no new information or questions from the commission or the public. 8/4/2022 Utilities Commission Meeting Minutes Page 12 34. Support with the Update and Revision of Title 8, Chapter 2 – Sewer Use and Service, of the Baxter City Code Monthly Update Chairman Yliniemi inquired if there were any questions or concerns with the Title 8, Chapter 2 - Sewer Use and Service, of the Baxter City Code Monthly Update. There was no new information or questions from the commission or the public. 35. Water Treatment Plant Improvements Project Monthly Update Chairman Yliniemi inquired if there were any questions or concerns with the Water Treatment Plant Improvements Monthly Update. There was no new information or questions from the commission or the public. 36. Wellhead Protection Plan Informational Meeting Chairman Yliniemi inquired if there were any questions or concerns with the Wellhead Protection Plan Informational Meeting. There was no new information or questions from the commission or the public. ADJOURN MOTION by Commissioner Stenberg, seconded by Commissioner Brenny to adjourn the meeting at 7:50 p.m. Motion Unanimously approved. Approved by: Respectfully submitted: _______________________ ___________________________ Rock Yliniemi Mary Haugen Chair Public Works Administrative Assistant

Agenda

UTILITIES COMMISSION MEETING AGENDA Thursday, August 04, 2022 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 Meeting Minutes of July 6, 2022 BUSINESS ITEMS 2. Approve Four Leaf Holdings LLC Stormwater Facilities Maintenance Agreement 3. Approve the Menard, Inc. Stormwater Facilities Maintenance Agreement for Lot 1, Block 1, MENARD THIRD ADDITION and Stormwater Facilities Maintenance Agreement Lot 1, Block 2, MENARD THIRD ADDITION 4. Recommend Planning and Zoning to Deny the Variance for Curb Cut, Loading Maneuvering, and loading Screening; and to Approve the Plat, Conditional Use Permit, and Remaining Variances to allow a Yard Expansion and Off-Site Parking Expansion, as Outlined in the “Summary of Staff’s Recommendation” Section of this Staff Report 5. Accept the 2022 PASER Street Ratings 6. Foley Road, Isle Drive, and Forthun Road Improvements Project Update, City Improvement No. 4114 7. Approve the RL Larson Excavating, Inc. Change Order No. 2 in the increased amount of $19,928.50 for the 2022 Foley Road, Isle Drive, and Forthun Road Improvements Project, City Improvement No. 4114 8. Approve the RL Larson Excavating, Inc. Partial Pay Estimate No. 2 in the amount of $478,585.97 for the 2022 Foley Road, Isle Drive, and Forthun Road Improvements Project, City Improvement No. 4114 9. 2022 Trunk Highway 210 & Inglewood Drive Railway Crossing Improvements Project Update - City of Baxter - Municipal Project No.: 4121 BMI Project No. T42.120675 10. Adopt Resolution No. 2022- XXX Accepting the Bid from Anderson Brothers Construction Company in the amount of $2,127,824.08 11. Adopt Resolutions No. 2022-XXX for Ordering of the Assessment Hearing for the 2022 TH 210/Inglewood Drive Improvement Project, City Improvement No. 4121 12. Approve Bolton and Menk Fee Amendment No. 6 in the Not to Exceed Amount of $209,702 for the 2022 Trunk Highway 210/Inglewood Drive Improvements and 2022 Foley Road, Isle Drive, and Forthun Road Improvements Projects 8/4/2022 Utilities Commission Meeting Agenda Page 2 13. TH 210 Street Lighting Improvements Project Monthly Update 14. Approve the Holden Electric Co., Inc. Final Pay Estimate No. 4 in the amount of $6,218.81 for the TH 210 Street Lighting Improvements, S.P. 1805-83. 15. 2022 Street Improvements Project Monthly Update 16. Approve the Anderson Brother Construction Change Order No. 3 in the increased amount of $11,413.47 for the 2022 Full Depth Reclamation & Reconstruction Improvements Project 17. Approve the Anderson Brother Construction Partial Pay Estimate No. 3 in the amount of $282,139.62 for the 2022 Full Depth Reclamation & Reconstruction Improvements Project, Municipal Project Number 4422 18. Lift Station 16 Reconstruction Project Monthly Update 19. Accept the Tom’s Backhoe Service, Inc. bid in the amount of $139,500.00 for the Lift Station No. 16 Reconstruction Project and increase the project budget from $180,000.00 to $218,740.00. 20. Approve Quiet Zone Assessment 21. Adopt Resolution No. 2022-XXX Relating to Parking Along Parkwood Drive 22. Adopt Ordinance No. 2022-XXX Approving an Ordinance Amendment to the Right-of-Way Management Ordinance INFORMATIONAL ITEMS 23. 2022 Micro Surfacing Project Update 24. 2021 Baxter Street Improvements Project Monthly Update 25. 2023 Commercial and Residential Full Depth Reclamation Improvements Project Monthly Update 26. 2023 Cypress Drive and Douglas Fir Drive Improvements Project Monthly Update 27. 2023 Knollwood Drive Improvements Project Monthly Update 28. CSAH 48 Corridor Study Monthly Project Update 29. Eagle Drive Area Improvements Project Monthly Update 30. Holiday Station Store Contamination Project Monthly Update 31. 2019 Inglewood Drive Drainage Improvements Project Monthly Update 32. Novotny Road and Edgewood Drive Traffic Impact Study Monthly Update 33. Section 6 Area A1 Outlet Improvements Project Monthly Update 34. Support with the Update and Revision of Title 8, Chapter 2 – Sewer Use and Service, of the Baxter City Code Monthly Update 8/4/2022 Utilities Commission Meeting Agenda Page 3 35. Water Treatment Plant Improvements Project Monthly Update 36. Wellhead Protection Plan Informational Meeting ADJOURN

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