Utilities Commission Meeting

BAXTEIRUTILITIES AaQ, COMMISSION MEETING MINUTES Wednesday, December 07, 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: Commissioners John Brenny, Jack Christofferson, Douglas Stenberg, Chairman Rock Yliniemi, and Council Liaison Mark Cross. MEMBERS ABSENT: None. STAFF PRESENT: Public Works Director/ City Engineer Trevor Walter and Assistant City Engineer Trevor Thompson. OTHERS PRESENT: Bolton& Menk Consulting Engineer Bryan Drown, SEH Consulting Engineers Scott Hedlund, Alex Voit, and Justin Anibas, WiDSETH Consulting Engineer Aric Welch & Alex Bitter. CONSENT AGENDA 1. Approve the Utilities Commission Meeting Minutes of November 2, 2022 MOTION by Commissioner Stenberg, seconded by Commissioner Brenny to approve the Utilities Commission Minutes of November 2, 2022. Motion carried unanimously. BUSINESS ITEMS 2. Recommendation to Planning and Zoning to Approve the 7858 Highland Scenic Road Variance Request for Minneapolis Area Investments, LLC SEH Consulting Engineer Hedlund informed the commission there are two variances required in order to maintain compliance for the apartments located in the northwest quadrant of the proposed roundabout due to the construction of new Cypress Drive segment from Highland Scenic Road to Hinckley Road. The two variances are as follows: The setback of the accessory structure from the east property line, which followed the required 10-foot side yard setback prior to the adjacent property being acquired and converted to Cypress Drive right- of- way, now requires a variance. The northeast corner of the detached garage has a 27. 5- foot offset from the east property line ( 40 feet is required). In connection with the construction of the roundabout at the intersection of Highland Scenic Road ( CSAH 48) and Cypress Drive. The property access is being moved from the SEH corner of the lot to the NE corner which requires a variance to the 10- foot right- of- way line setback for a drive isle to reach the new access to Cypress Drive. The new 24- foot wide drive aisle between the garage and property/ right- of-way line has a zero ( 0) foot setback from the right- of- way( 10- feet is required). 12/ 7/ 2022 Utilities Commission Meeting Minutes Page 2 MOTION by Commissioner Stenberg, seconded by Commissioner Brenny to recommendation to planning and zoning to approve the 7858 Highland Scenic Road variance request for Minneapolis Area Investments, LLC. Motion carried unanimously. 3. Approve the Knife River Corporation Development Agreement Assistant City Engineer Thompson informed the commission that Knife River Corporation is proposing to build a new ready- mix concrete plant on the existing property. The current batch plant will be decommissioned and removed when the new plant is in operation. The existing plant building will remain and be converted into a storage building. The proposed improvements include a truck wash rack, relocated diesel fuel tank and dispenser, ready mix truck drum washout recycling system, and stormwater ponds/ basins. The development agreement was triggered by water main improvements, storm sewer improvements, and associated street repairs to Dogwood Drive proposed with the new ready- mix plant improvements. The proposed plant will be located towards the southeast corner of their property, the plant will require a 6- inch water line and a hydrant for fire protection. In addition to the water main, Knife River will be constructing two stormwater ponds that will discharge/ overflow into the City' s storm sewer system. The improvements will require two new stormwater structures to be installed on Dogwood Drive. The repairs in the road for the water main improvements and stormwater improvements are also included in the development agreement. MOTION by Commissioner Brenny, seconded by Commissioner Christofferson to approve the Knife River Corporation Development Agreement. Motion carried unanimously. 4. Approve the Knife River Corporation Limited Use Agreement Assistant City Engineer Thompson informed the commission that Knife River has requested approval to discharge/ overflow stormwater into the City' s storm sewer system on Dogwood Drive which is adjacent to the Knife River' s property. The developer will install and maintain the improvements along City right-of-way. Mr. Thompson indicated that the Limited Use Agreement is used to protect the City from the liability associated with the storm sewer connections. MOTION by Commissioner Stenberg, seconded by Commissioner Brenny to approve the Knife River Corporation Limited Use Agreement. Motion carried unanimously. S. Approve the Knife River Corporation Stormwater Facilities Maintenance Agreement Assistant City Engineer Thompson informed the commission that this is the 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 Permit ( MS4 Permit). Mr. Thompson said there is no shared stormwater with Knife River so the City will not have any responsibility in the maintenance associated with the stormwater treatment facilities they are constructing on their property. MOTION by Commissioner Christofferson, seconded by Commissioner Stenberg to approve the Knife River Corporation Stormwater Facilities Maintenance Agreement. Motion carried unanimously. 6. Accept the Simonson Lumber Municipal Improvements as per the Development Agreement 12/ 7/ 2022 Utilities Commission Meeting Minutes Page 3 Assistant City Engineer Thompson informed the commission that Simonson Lumber completed their improvements in December of 2020 and the City received final asbuilts in August of 2022. MOTION by Commissioner Christofferson, seconded by Commissioner Brenny to accept the Simonson Lumber Municipal Improvements as per the Development Agreement. Motion carried unanimously. 7. 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. S. Approve the RL Larson Excavating, Inc. Change Order No. 6 in the increased amount of$ 86,985. 05 for the 2022 Foley Road, Isle Drive, and Forthun Road Improvements Project Bolton& Menk Consulting Engineer Bryan Drown informed the commission that Change Order No. 6 includes added tree removal at parcel 40070817, field adjustments to storm sewer manholes 5081 & 5082, irrigation repair at Home Depot, removal of a sewer and water service at the Isle Drive mini roundabout, time and material grading and restoration at various properties, subgrade correction and boulevard grading at full depth reclamation area from station 78+ 00 to 91+ 00, removal and replacement of curb and gutter on the frontage road to widen driveway entrances, revision in unit price of trees planted as the amount of trees planted was lowered greater than 25% of the bid estimated quantity. Commissioner Yliniemi inquired on why it cost the contractor more money to plant less trees than if they planted the plan quantity. Mr. Drown informed the commission that the subcontractor will include their mobilization and other soft costs in the unit price bid of the tree so when the quantity changes by over 25% they are allowed to renegotiate the unit price of that specific bid item. Council Liaison Cross said this is the standard language used in government contract bids. Commissioner Brenny asked if the contractor' s bid includes using all their equipment and why they get to include all their equipment on time and material. Mr. Drown said that you will notice a lot of the time and material items are back dated and that was because Bolton & Menk requested additional information on what equipment was used to perform the work and the labor hours to make sure the city was not overpaying for the work. Therefore, the time and material hourly rates verify for the various work that was completed using the time and material payment method. Commissioner Stenberg inquired on why the curb & gutter on the frontage road and widening of the driveways was required. Mr. Drown stated that on the frontage road they had matched the existing openings/ widths of the driveways. A few of the property owners have 40-foot RV' s and they were not going to be able to make the corners on the frontage road or turn into their driveways and this was identified after the work was completed. Public Works Director/ City Engineer Walter stated that as soon as the concrete was poured the calls started coming in at City Hall, he said that one resident has a 40- foot RV and another has a 42- foot RV and they said it was difficult enough making the turns with a regular vehicle. Mr. Walter stated that Foley Road was 32 feet wide, and the residents could jump the curb and their back tires would track on the trail, now there is a 22- foot frontage road with no trail behind the curb to assist in their turn movement. Mr. Walter said this is something that will be included in the review process on future projects. MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to approve the RL Larson Excavating, Inc. Change Order No. 6 in the increased amount of$ 86, 985. 05 for the 2022 Foley Road, Isle Drive, and Forthun Road Improvements Project. Motion carried unanimously. 12/ 7/ 2022 Utilities Commission Meeting Minutes Page 4 9. Approve the RL Larson Excavating, Inc. Partial Pay Estimate No. 6 in the amount of$ 373, 822. 73 for the 2022 Foley Road, Isle Drive, and Forthun Road Improvements Project Bolton & Menk Consulting Engineer Bryan Drown informed the commission that the pay estimate includes the items from the change order, and items completed in the month of November that included striping and seeding. Mr. Drown recommended approval of partial pay estimate number 6. MOTION by Commissioner Stenberg, seconded by Commissioner Brenny to approve the RL Larson Excavating, Inc. Partial Pay Estimate No. 6 in the amount of$ 373, 822. 73 for the 2022 Foley Road, Isle Drive, and Forthun Road Improvements Project, City Improvement No. 4114. Motion carried unanimously. 10. 2022 Trunk Highway 210& Inglewood Drive Railway Crossing Improvements Project Update Bolton& Menk Consulting Engineer Bryan Drown informed the commission that the traffic signal bases were installed, conduit was installed, and a few hand holes were installed. Mr. Drown said the work on this project is suspended until the spring of 2023. 11. Approve the Anderson Brothers Construction Partial Pay Estimate No. 3 in the amount of$ 1, 979. 09 for the 2022 TH 210 and Inglewood Drive Railway Crossing Improvements Project Bolton & Menk Consulting Engineer Bryan Drown informed the commission that the partial pay estimate includes the work that was completed in November which included temporary striping and stabilization of the slopes at Inglewood Drive. MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to approve the Anderson Brothers Construction Partial Pay Estimate No. 3 in the amount of$ 1, 979. 09 for the 2022 TH 210 and Inglewood Drive Improvements Project, City Improvement No. 4121. Motion carried unanimously. 12. Approve the BNSF Invoice 90244986 in the amount of $ 133, 926. 87 for the 2022 TH 210 and Inglewood Drive Railway Crossing Improvements Project Bolton & Menk Consulting Engineer Bryan Drown informed the commission that there are two components to the railroad with this project, the signal and the actual railroad crossing. This invoice is related to the signal and includes material cost and labor and is approximately 30% of the total estimated railway signal cost. MOTION by Commissioner Christofferson, seconded by Commissioner Stenberg to approve the BNSF Invoice 90244986 in the amount of$ 133, 926. 87 for the 2022 TH 210 and Inglewood Drive Railway Crossing Improvements Project. Motion carried unanimously. 13. Approve the BNSF Invoice 90244560 in the amount of$ 88, 797. 23 for the 2022 TH 210 and Inglewood Drive Railway Crossing Improvements Project, City Improvement No. 4121 Bolton & Menk Consulting Engineer Bryan Drown informed the commission this invoice is related to the surface crossing and includes the delivery of the concrete planking and the labor that was completed this fall to get the railroad tracks ready for the installation of the crossing in the spring of 2023. The labor portion of the invoice is approximately $ 10, 000 over the estimated cost, Bolton & Menk reached out to BNSF, but they confirmed the hours and will not be changing anything. Mr. Drown if the estimate didn' t account for the additional work that may be required by the field is questioning 12/ 7/ 2022 Utilities Commission Meeting Minutes Page 5 staff at the crossing since the crossing is located on the transition from a curve with a superelevation of the tracks. MOTION by Commissioner Christofferson, seconded by Commissioner Brenny to approve the BNSF Invoice 90244560 in the amount of $ 88, 797. 23 for the 2022 TH 210 and Inglewood Drive Railway Crossing Improvements Project, City Improvement No. 4121. Motion carried unanimously. 14. 2023 Cypress Drive and Douglas Fir Drive Improvements Project Monthly Update There was no new information or questions from the commission or the public. 15. Approve SEH Right of Way Acquisition Support Contract in the Not to Exceed Amount of$ 10, 000. 00 for the 2023 Cypress Drive and Douglas Fir Drive Improvements Project SEH Consulting Engineer Hedlund informed the commission that the scope of their original contract did not include any property acquisition because at that time they were not entirely sure how many parcels would need easements. There are two parcels needing easements, one is in the northwest quadrant of the roundabout and the second parcel is needed for the connection of the Berrywood Park trail. Included in the right of way acquisition contract is the variance application item No. 2 on the agenda as well and negotiations with property owners. MOTION by Commissioner Christofferson, seconded by Commissioner Stenberg to approve SEH Right of Way Acquisition Support Contract in the Not to Exceed Amount of$ 10, 000. 00 for the 2023 Cypress Drive and Douglas Fir Drive Improvements Project. Motion carried unanimously. 16. Adopt Resolution 2022- XXX Approving Plans & Specifications and Ordering Advertisement for Bids for the 2023 Cypress Drive and Douglas Fir Drive Improvements Project SEH Consulting Engineer Hedlund gave a quick presentation on the proposed improvements with the plans. Council Liaison Cross asked about the right in/ right out at Berrywood Drive and why the concrete median end where it is shown in the plans allowing eastbound traffic to turn after the median onto Berrywood Drive. Mr. Cross said the median promotes turning northbound onto Berrywood Drive which is not supported by the right in/ right out. Public Works Director/ City Engineer Walter said the concrete median must end there to allow the westbound dedicated left turn lane into Brainerd Public Utilities. Commissioner Stenberg asked if there would be a detour during construction, Mr. Hedlund said yest there will be a hard closure on CSAH 48 during construction. Mr. Walter informed the commission that the schedule for the roundabout will include a road closure on CSAH 48 starting the Monday after school is out and the roundabout will be open prior to school starting in the fall. MOTION by Commissioner Christofferson, seconded by Commissioner Stenberg to adopt Resolution 2022- XXX Approving Plans& Specifications and Ordering Advertisement for Bids for the 2023 Cypress Drive and Douglas Fir Drive Improvements Project. Motion carried unanimously. 17. CSAH 48 Corridor Study Monthly Update SEH Consulting Traffic Engineer Justin Anibas informed the commission that the Crow Wing County Engineer has approved the study. 12/ 7/ 2022 Utilities Commission Meeting Minutes Page 6 18. Accept the 2022 CSAH 48 Corridor Study Report, CSAH 48 at Cypress Drive ICE Report and CSAH 48 at Forestview Drive ICE Report SEH Consulting Traffic Engineer Justin Anibas provided a quick presentation of the proposed improvements as outlined in the corridor study. MOTION by Commissioner Christofferson, seconded by Commissioner Stenberg to accept the 2022 CSAH 48 Corridor Study Report, CSAH 48 at Cypress Drive ICE Report and CSAH 48 at Forestview Drive ICE Report. Motion carried unanimously. 19. 2022 Full Depth Reclamation Improvements Project Update There was no new information or questions from the commission or the public. 20. Approve the Widseth Professional Services Fee Amendment in the amount of $ 70, 930. 21 and increase the project budget from $ 1, 290, 860. 53 to $ 1, 391, 889. 98 for the 2022 Full Depth Reclamation& Reconstruction Improvements Project WiDSETH Consulting Engineer Alex Bitter provided an overview on the additional engineering that was required with the project. In reviewing the additional engineering services, Widseth noted time spent training new engineering and observation staff. Widseth plans to absorb this cost and reduce the unbilled services by 16, 184.50. This brings the total unbilled engineering services to$ 59, 856.91. The project is not 100% complete and additional engineering services will be required to finish record drawings and close out the project in the spring of 2023. The estimated cost for future engineering services is$ 11, 073. 50. With the revised unbilled services total and anticipated future engineering costs, the total engineering cost is estimated to be$ 273, 550. 06 which requires a fee amendment of$ 70,930. 21. Chairman Yliniemi inquired if there was an issue with the stakes getting wiped out on the project. Mr. bitter said they had an issue with the stakes getting removed for lawn mowing of th ecommercial properties. Chairman Yliniemi asked if the fee amendment was justified to city staff, Public Works Director/ City Engineer Walter said unfortunately yes, with the concrete supply issue Beach encountered by only getting one truck a day along with waiting for trucks or when the contractor was denied concrete for the day there was a lot of wasted time. In addition, this created inefficiencies with testing, there was additional testing required due to the prolonged timeline. Mr. Bitter said that if the pour consisted of one load a day, then that truck needs tested whereas if there are multiple trucks then only every 5 trucks is needed to be tested. Mr. Walter said there was extra time with the Lumen fiber relocation, extra coordination with Valint Construction at Gracewin, extending the completion date with the additional meetings and coordination, along with other factors not mentioned. MOTION by Commissioner Stenberg, seconded by Commissioner Brenny to Approve the Widseth Professional Services Fee Amendment in the amount of$ 70, 930. 21 and increase the project budget from $ 1, 290, 860. 53 to $ 1, 391, 889. 98 for the 2022 Full Depth Reclamation & Reconstruction Improvements Project. Motion carried unanimously. 12/ 7/ 2022 Utilities Commission Meeting Minutes Page 7 21. Approve the Anderson Brother Construction Company of Brainerd, LLC Pay Estimate 7 in the amount of$ 65, 761. 47 for the 2022 Full Depth Reclamation& Reconstruction Improvements Project WiDSETH Consulting Engineer Alex Bitter informed the commission the pay estimate includes items pertaining to finishing the project and the release of the retainage. The retainage has been reduced to 3, 000 to finish the remaining work in the spring of 2023. WiDSETH and Anderson Brothers had a few items they had to finalize quantities on from earlier in the project, all items have been agreed to and the changes are incorporated into the pay estimate. MOTION by Commissioner Christofferson, seconded by Commissioner Stenberg to approve the Anderson Brother Construction Company of Brainerd, LLC Pay Estimate 7 in the amount of$ 65, 761. 47 for the 2022 Full Depth Reclamation & Reconstruction Improvements Project. Motion carried unanimously. 22. Approve Increasing the Project Budget from $ 162, 950 to $ 166, 350 for the Water Interconnect Building Improvements Project and Submit Final Costs as Part of the Water Treatment Plant Insurance Claim. WiDSETH Consulting Engineer Aric Welch informed the commission that all the work has been completed at the interconnect building. Mr. Welch reached out to the City of Baxter Finance Director and confirmed all the project costs have been included in the budget. Mr. Welch said the only item included in the project budget that has not been completed is $ 3,400 for painting the pipes exterior surfaces, this will likely be completed by City of Baxter seasonal staff this winter. MOTION by Commissioner Stenberg, seconded by Commissioner Brenny to approve Increasing the Project Budget from$ 162, 950 to$ 166, 350 for the Water Interconnect Building Improvements Project and Submit Final Costs as Part of the Water Treatment Plant Insurance Claim. Motion carried unanimously. 23. Adopt Resolution 2022- xxx Approving Agency Delegation Contracting Process Agreement Between the City of Baxter and MnDOT Public Works Director/ City Engineer Trevor Walter informed the commission that every five years the City is required to update the Delegated Contract Process( DCP) agreements between MnDOT and local public agencies ( LPAs) to be eligible to receive federal funds. These agreements cover the roles and responsibilities associated with federal aid funds and allow for MnDOT to act as a local agency' s agent in accepting these funds for construction projects. In order to receive the federal funding for the TH 210/ Inglewood Drive project currently under construction, the City must enter into this agreement. MOTION by Commissioner Stenberg, seconded by Commissioner Brenny to adopt Resolution 2022- xxx Approving Agency Delegation Contracting Process Agreement Between the City of Baxter and MnDOT. Motion carried unanimously. 24. Adopt Resolution No. 2022- 110 Relating to Parking Restrictions on Cypress Drive from Highland Scenic Road to College Road, In the City of Baxter, Minnesota Public Works Director/ City Engineer Trevor Walter informed the commission the proposed improvements on Cypress Drive does not support parking on the shoulder therefore a no parking resolution is required. 12/ 7/ 2022 Utilities Commission Meeting Minutes Page 8 MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to Adopt Resolution No. 2022- 110 Relating to Parking Restrictions on Cypress Drive from Highland Scenic Road to College Road, In the City of Baxter, Minnesota. Motion carried unanimously. INFORMATIONAL ITEMS 25. 2019 Inglewood Drive Drainage Improvements Project Monthly Update There was no new information or questions from the commission or the public. 26. 2023 Commercial and Residential Full Depth Reclamation Improvements Project Monthly Update There was no new information or questions from the commission or the public. 27. 2023 Knollwood Drive Improvements Project Update There was no new information or questions from the commission or the public. 28. Eagle Drive Area Improvements Project Update There was no new information or questions from the commission or the public. 29. Holiday Station Store Contamination Project Monthly Update There was no new information or questions from the commission or the public. 30. Inglewood Drive to Garrett Lane Stormwater Outlet Study— Project Update There was no new information or questions from the commission or the public. 32. Lift Station 13 Reconstruction Project Update There was no new information or questions from the commission or the public. 32. Lift Station 16 Reconstruction Project Update There was no new information or questions from the commission or the public. 33. Minnesota' s 2023- 2026 State Transportation Improvement Program There was no new information or questions from the commission or the public. 34. Quiet Zone Design, Implementation, and Notification Monthly Update There was no new information or questions from the commission or the public. 35. Revision of 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. 36. Section 6 Area Al Outlet Project Update There was no new information or questions from the commission or the public. 12/ 7/ 2022 Utilities Commission Meeting Minutes Page 9 37. Water Treatment Plant Charges for October 2022 There was no new information or questions from the commission or the public. 38. Water Treatment Plant Improvements Project Monthly There was no new information or questions from the commission or the public. 39. Whiskey Creek Stormwater Improvements 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 the meeting at 6: 55 p. m. Motion unanimously approved. Approved by: Respectfully submitted: a Rock Ylini i Trevor Thompson Chair Public Works Assistant City Engineer