Utilities Commission Meeting

UTILITIES COMMISSION MEETING MINUTES Wednesday, February 08, 2023 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, Assistant City Engineer Trevor Thompson, and Administrative Assistant Mary Haugen. OTHERS PRESENT: Bolton & Menk Consulting Engineer Bryan Drown, SEH Consulting Engineers Scott Hedlund, Alex Voit & Kevin Young and WiDSETH Consulting Engineer Alex Bitter. CONSENT AGENDA 1. Approve the Utilities Commission Meeting Minutes of January 4, 2023 MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to approve the Utilities Commission Minutes of January 4, 2023. Motion carried unanimously. BUSINESS ITEMS 2. Approve the Menards Inc. Development Agreement Assistant City Engineer Thompson informed the commission that Menards is proposing to expand their lumber yard to include the recently acquired property to the east of their current facility. In addition to the lumber yard expansion, they are proposing to construct an employee parking lot in the northeast corner of Pearl Drive and Whispering Woods Lane. At the September Utilities Commission meeting the recommendation to city council included numerous conditions due to the loading dock improvements that were proposed adjacent to Whispering Woods Lane along with the extension of sewer and water along Whispering Woods Lane. The scope of the project has drastically changed and no longer includes the loading dock turn movements on Whispering Woods Lane or the sanitary sewer and water main improvements along Whispering Woods Lane. 2/8/2023 Utilities Commission Meeting Minutes Page 2 Menards is proposing to provide access to the yard expansion by constructing a new retaining wall and creating a 24-foot drive lane along the east side of their lumber yard. The 24-foot drive lane will require modifications to the regional stormwater pond east of the facility. With the extensive changes proposed with the revised plans, the development agreement is being presented for approval based on the current plans. Included in the current set of Civil plans is a water main extension to meet fire code requirements. Included in the construction of the employee parking lot, Menards will be extending storm sewer pipe to connect the City’s storm sewer system to their regional pond on site, these improvements will also be included in the Development Agreement MOTION by Commissioner Brenny, seconded by Commissioner Stenberg to approve the Menards Development Agreement. Motion carried unanimously. 3. Adopt Resolution No. 2023-011 Relating to Parking Restrictions Along Novotny Road from Trunk Highway 371 to 700 Feet West of Edgewood Drive Assistant City Engineer Thompson explained that as part of the 2023 Novotny Road Improvements Project, Novotny Road will be extended from the intersection of Edgewood Drive 700 feet west. Novotny Road will be constructed as a three-lane road which will include a two-way center left turn lane which will not support parking on either side of the road. MOTION by Commissioner Christofferson, seconded by Commissioner Brenny to adopt Resolution No. 2023-011 Relating to Parking Restrictions Along Novotny Road from Trunk Highway 371 to 700 Feet West of Edgewood Drive. Motion carried unanimously. 4. Approve the Bolton & Menk Agreement for Professional Services for the CIP and Pavement Management GIS Assistance in the Not to Exceed Amount of $14,704.00 Bolton & Menk Consulting Engineer Drown presented the Proposal for Engineering Services for CIP and GIS Assistance. Mr. Drown explained that Bolton & Menk has assisted in the development and management of the City's pavement management program and respective street capital and sealcoat programs. Public Works Director/City Engineer Walter stated this is a maintenance contract to keep the GIS current with management programs. Mr. Walter stated that last year the City did not use the full contract amount. Mr. Drown added that last year approximately 80% of the contract was used. Mr. Walter had no concerns and recommended approval. MOTION by Commissioner Stenberg, seconded by Commissioner Brenny to approve the Bolton & Menk Agreement for Professional Services for CIP and Pavement Management GIS Assistance in the not to exceed amount of $14,704.00. 5. Approve the Bolton & Menk Agreement for Professional Services for 2023 Micro Surfacing Project in the not to exceed amount of $29,952.00 2/8/2023 Utilities Commission Meeting Minutes Page 3 Bolton & Menk Consulting Engineer Drown presented the Agreement for Professional Services for the 2023 Micro Surfacing Project in the not to exceed amount of $29,952.00. The City Pavement Management Plan identifies the 2023 micro surfacing project as Inglewood Drive from TH 210 to Excelsior Road and the following residential streets west of Inglewood Drive and north of Excelsior Road. Due to an increase in the unit costs in 2022 Travine Drive, Paper Birch Drive, and a portion of Deerwood Road were not completed.  Cherrywood Drive north of Excelsior Road, Dahlin Road, Calcutta Road, Clearwater Court, Rockrose Drive, Cosmos Road, Blackberry Court, Barberry Court, Kimberlee Drive, Kimberlee Court, Atwater Road, and Jewelwood Drive south of Jadewood Drive. These segments were identified as micro surfacing candidates as they have 2022 PASER ratings of 6 & 7 and exhibit slight to moderate surface distress. MOTION by Commissioner Christofferson, seconded by Commissioner Brenny to approve the Bolton & Menk Agreement for Professional Services for 2023 Micro Surfacing Project in the not to exceed amount of $29,952.00. Motion carried unanimously. 6. 2022 Trunk Highway 210 & Inglewood Drive Railway Crossing Improvements Project Update Bolton & Menk Consulting Engineer Drown stated that Anderson Brothers expects to have the materials for the new traffic signal at TH 210 and Inglewood Drive be delivered in March and BNSF has indicated they should have the rail crossing material in hand by early spring. 7. Approve the BNSF Invoice 90246719 in the amount of $8,431.46 for the 2022 TH 210 and Inglewood Drive Improvements Project Bolton & Menk Consulting Engineer Drown reviewed BNSF Invoice 90246719 in the amount of $8,431.46. The invoice includes items relative to the railway signal. The invoice includes bill preparation, shop labor and signed material costs. MOTION by Commissioner Christofferson, seconded by Commissioner Brenny to approve the BNSF Invoice 90246719 in the amount of $4,431.464 for the 2022 TH 210 and Inglewood Drive Railroad Crossing Improvements Project. Motion carried unanimously. 8. 2023 Knollwood Drive Improvements Project Update WiDSETH Consulting Engineer Bitter informed the commission that City Council approved the Materials Pre-Order Agreement at the February 7, 2023 meeting. 9. Lift Station 13 Reconstruction Project Update There was no new information or questions from the commission or the public. 10. Approve Plans & Specifications and Authorize Advertisement for Bids for the Lift Station No. 13 Reconstruction Project. 2/8/2023 Utilities Commission Meeting Minutes Page 4 WiDSETH Consulting Engineer Bitter reviewed the plans and specifications for the Lift Station No. 13 Reconstruction Project. The project includes the following work:  Replacement of the valve vault structure.  Replacement of wet well and valve vault piping and valves.  Replacement of wet well and valve vault covers and hatches.  Installation of new pumps and guiderail system.  Installation of new transducer and floats.  Installation of new control panel.  Removal and replacement of bituminous driveway.  Site restoration. Commissioner Yliniemi asked about the suction pipe in the wet well, the plans show a core drill in the hatch for the suction pipe but does not show a pipe in the section view. Mr. Bitter stated he will add the pipe to the section view. Public Works Director/City Engineer Walter informed the commission the staff had previously sent over comments which are being incorporated into the plan sets. Mr. Walter had no concerns with the reconstruction project and recommended approval. MOTION by Commissioner Brenny, seconded by Commissioner Stenberg to adopt Resolution No. 2023-XXX approving the Plans and Specifications and Authorize Advertisement for Bids for the 2023 Lift Station No. 13 Reconstruction Project contingent on staff comments being incorporated into the plans. Motion carried unanimously. 11. Accept Quality Flow Equipment Proposal for Lift Station 13 Control Panel, Pumps, Accessories and Hatches in the amount of $57,400 WiDSETH Consulting Engineer Bitter reviewed the Quality Flow quote to supply the two pumps, control panel, two aluminum access hatches, pump base elbows, submersible pressure transducer, two backup floats and accessories for the reconstruction project. Mr. Bitter explained this a proprietary system this is used on all lift stations throughout the city which is why there is only one quote submitted. MOTION by Commissioner Brenny, seconded by Commissioner Stenberg to approve the Quality Flow Equipment Proposal for Lift Station 13 Control Panel, Pumps, Accessories and Hatches in the amount of $57,400. Motion carried unanimously. 12. 2024 Design Road & TH 371 Stormwater Improvements Project Update Public Works Director/City Engineer Walter informed the commission that MnDOT may have a possible funding source for a project in 2024. The funding source will require an agreement between the City and MnDOT and the plans will need to meet State-Aid requirements. 13. Approve the Widseth Agreement for Professional Engineering Services in the Not to Exceed Amount of $75,000 for the 2024 Design Road & TH 371 Stormwater Improvements 2/8/2023 Utilities Commission Meeting Minutes Page 5 WiDSETH Consulting Engineer Bitter informed the commission that staff had requested an agreement to update and consolidate engineering fees for the 2024 Design Road & TH 371 Stormwater Improvements. Design Road was delayed to allow more time for Widseth and City staff to work with MnDOT to secure the necessary funding for the storm sewer improvements required to address flooding issues at the intersection of Clearwater Road and Dellwood Drive. Recent meetings with MnDOT indicate the State is receptive to contributing towards the storm sewer improvements on Design Road if funding can be secured. MnDOT believes they may have a possible funding source for a project in 2024. The funding source will require an agreement between the City and MnDOT and the plans will need to meet State-Aid requirements. Mr. Bitter explained the fee proposal consolidates engineering fees from previous projects and future engineering costs through design into one updated agreement. MOTION by Commissioner Brenny, seconded by Commissioner Stenberg to approve the Widseth Agreement for Professional Engineering Services in the Not to Exceed Amount of $75,000 for the 2024 Design Road & TH 371 Stormwater Improvements. Motion carried unanimously. 14. Water Treatment Plant Improvements Project Monthly Update SEH Water Specialist Young informed the commission that evaluation of the make-up air unit continues. There continues to be an issue with black gnats getting into the intake duct work. Commissioner Christofferson commented that less free air will decrease the velocity and will prevent bugs from being sucked into the make-up air unit. Commissioner Christofferson requested SEH review the need of the louver now that a head will be used. The louver is not needed and is slightly increasing the velocity of the intake. 15. Approve SEH Contract for Water Treatment Plant Filter Reconstruction Warranty Period Services in the amount of $1,843.75 SEH Water Specialist Young explained that SEH has been under contract with the City working on filter issues at the water treatment plant (WTP) since March 13, 2021. SEH’s current contract is in the amount of $240,703.64 of which $238,859.89 has been invoiced and paid. Public Works Director/City Engineer Walter informed the commission that city staff has asked that the existing contract be closed and for the remaining contract value to be moved into a separate contract for warranty phase services. The anticipated scope of services for the warranty phase services will include continued support to resolve make-up air unit (MAU) issues, a one-year filter inspection, and other warranty inspections. Mr. Young stated that SEH will continue assisting the City to resolve issues with the make-up air unit that was installed as part of the WTP Filter Rehabilitation project. SEH will also have representatives on site when Orthos returns to conduct a one-year filter inspection. However, the project has a two-year warranty period so a separate warranty walk through will be scheduled towards the end of the warranty period. 2/8/2023 Utilities Commission Meeting Minutes Page 6 MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to approve SEH Contract for Water Treatment Plant Filter Reconstruction Warranty Period Services in the amount of $1,843.75. Motion carried unanimously. 16. 2023 Cypress Drive and Douglas Fir Drive Improvements Project Monthly Update SEH Consulting Engineer Hedlund stated that bid opening will be held on February 9, 2023. 17. Approve the Construction and Maintenance Cost Share Agreement between Crow Wing County and City of Baxter for the 2023 Cypress Drive and Douglas Fir Drive Improvements Project SEH Consulting Engineer Hedlund presented the Crow Wing County Construction & Cost Share Agreement between the City and County. The agreement outlines initial capital cost and future maintenance responsibilities. This is the standard agreement that is used between the county and city. The construction cost split is based on a 1/3 City & 2/3 County split for improvements along CSAH 48 and the roundabout. The County’s share also includes an additional 18% for engineering costs. MOTION by Commissioner Christofferson, seconded by Commissioner Brenny to approve the Construction and Maintenance Cost Share Agreement between Crow Wing County and City of Baxter for the 2023 Cypress Drive and Douglas Fir Drive Improvements Project. Motion carried unanimously. 18. Approve Pratt’s Affordable Excavating Inc. Contract in the amount of $11,250.00 for Winter Tree Clearing related to 2023 Cypress Drive and Douglas Fir Drive Improvements Project SEH Consulting Engineer Voit reviewed the two (2) quotes for clearing approximately 1.5 acres of trees along the Cypress Drive and Douglas Fir Drive roadway corridors south of Hinkley Road.  DeChantal Excavating $28,300.50  Pratt’s Affordable Excavating $11,250.00 Mr. Voit explained that due to the reclassification of the Northern Long-eared Bat from threatened to endangered, the U.S. Fish and Wildlife Service has issued a notice regarding the need to clear trees during the inactive season for the bats from November 1st to March 31st. Commissioner Stenberg inquired if any of the bats are in the project area. Public Works Director/City Engineer Walter stated the bats are located throughout the state. Mr. Walter explained that during the winter, the Northern Long Eared Bats typically use large caves or mines with large passages and entrances; constant temperatures; and high humidity with no air currents. During the summer, the bats roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees. Loss or degradation of summer habitat from highway and commercial development, surface mining and wind facility construction permanently remove habitat and are prevalent in many 2/8/2023 Utilities Commission Meeting Minutes Page 7 areas of this bats range. Timber harvest and forage management can remove or alter summer roosting and foraging habitat. To minimize any possible negative impacts to the endangered Northern Long Eared Bats it is recommended that all clearing be completed by the end of March. MOTION by Commissioner Stenberg, seconded by Commissioner Brenny approve the Pratt’s Affordable Excavating Inc Contract in the amount of $11,250.00 for Winter Tree Clearing Related to the 2023 Cypress Drive and Douglas Fir Drive Improvements Project. Motion carried unanimously. 19. 2023 Commercial and Residential Full Depth Reclamation Improvements Project Monthly Update There was no new information or questions from the commission or the public. 20. Set a Special Utilities Commission for February 22, 2023 at 5:30 p.m. to adopt Resolution 2023-xxx Approving Plans & Specifications and Ordering Advertisement for Bids for the 2023 Commercial and Residential Full Depth Reclamation Improvements and 2023 Quiet Zone Improvements Project Public Works Director/City Engineer Walter requested the commission set a special meeting on February 22nd to review the plans and specifications for the 2023 Commercial & Residential Full Depth Reclamation Improvements. City staff has sent over their comments and the plans are being revised. Mr. Walter inquired is the commission had any comments. Consensus of the commission was to wait for the revised set. MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to set a Special Utilities Commission for February 22, 2023 at 5:30 p.m. to adopt Resolution 2023-xxx Approving Plans & Specifications and Ordering Advertisement for Bids for the 2023 Commercial and Residential Full Depth Reclamation Improvements and 2023 Quiet Zone Improvements Project. Motion carried unanimously. 21. Approve Pratt’s Affordable Excavating Inc. Contract in the amount of $23,880.00 for Winter Tree Clearing related to 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements Project SEH Consulting Engineer Voit reviewed the two (2) quotes for clearing approximately 2.4 acres of trees on city owned parcels along Cedar Scenic Road and Clearwater Road. The resulting stumps will be grubbed with the main road project contract this spring.  DeChantal Excavating $23,880.00  Pratt’s Affordable Excavating $46,470.00 MOTION by Commissioner Christofferson, seconded by Commissioner Brenny to approve the Pratt’s Affordable Excavating Inc. Contract in the amount of $23,880.00 for Winter Tree Clearing Related to the 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements Project. Motion carried unanimously. 2/8/2023 Utilities Commission Meeting Minutes Page 8 22. Approve the SEH Fee Amendment No. 2 for Trail Related Additional Services in the Not to Exceed Amount of $278,000.00 for the 2023 Commercial and Residential Full Depth Reclamation Improvements Project SEH Consulting Engineer Hedlund reviewed Fee Amendment No. 2; the original SEH contact only included studying the feasibility of the contemplated grade separated bituminous trails along Clearwater Road and Cedar Scenic Road. The project road and trail segments were approved by City Council on November 15, 2022. The addition of the trails to the project scope significantly increased the project complexity, work scope, and duration. This SEH contact amendment supplements the scope in the original SEH contract for this project dated June 17, 2022 and covers the additional services in connection with adding design and construction of grade separated bituminous surfaced trails along Clearwater Road and Cedar Scenic Road. The SEH contract amendment scope includes:  Project Management.  Preliminary Survey.  Design.  Final Assessment Calculations.  Construction Staking.  Construction Administration.  Construction Observation.  Construction Materials Testing.  Post Construction Services. MOTION by Commissioner Christofferson, seconded by Commissioner Brenny to approve the SEH Fee Amendment No. 2 for Trail Related Additional Services in the Not to Exceed Amount of $278,000.00 for the 2023 Commercial and Residential Full Depth Reclamation Improvements Project. Motion carried unanimously. 23. Quiet Zone Design, Implementation, and Notification Monthly Update There was no new information or questions from the commission or the public. 24. Approve Notice of Intent (NOI) to Establish a Railroad Quiet Zone in Baxter SEH Consulting Engineer Hedlund reviewed the formal notification to the Federal Railroad Administration that officially declares the City’s intent to establish a quiet zone (no train whistles) through Baxter. The Notice of Intent is the next step in the quiet zone implementation process. Commissioner Stenberg inquired if the quiet zone is in effect for 24 hrs. Public Works Director/City Engineer Walter stated it is in effect 24 hours. Assistant City Engineer Thompson stated that if it is deemed necessary the railroad engineer does retain the right to sound the horn. MOTION by Commissioner Brenny, seconded by Commissioner Stenberg to approve the Notice of Intent to Establish a Railroad Quiet Zone in the City of Baxter. Motion carried unanimously. 2/8/2023 Utilities Commission Meeting Minutes Page 9 25. Adopt Resolution No. 2023-xxx a Resolution of Support for FY 2023 RAISE Grant Application for the MN 210 in Brainerd/Baxter – Safety, Mobility, and Multimodal Improvements Project Public Works Director/City Engineer Walter informed the commission that MnDOT is preparing an application for funding through the FY 2023 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Discretionary Grant Program. An award of RAISE funding would facilitate the project, which will improve traffic flow, provide safer streets, repair aging infrastructure, expand multimodal access, and improve overall appeal in and around the project area. The project will address the transportation challenges in the region and will result in a cohesive network of multimodal alternatives that support diverse community needs. To ensure the submittal is competitive, MnDOT is asking for help from the local partners by providing a letter of support with a resolution. The TH 210/Washington Street project is scheduled for 2025, the portion in Baxter will consist of the intersection of Baxter Drive and TH 210 to the east city limits or approximately 600 feet. Mr. Walter informed the commission that MnDOT stated they would use money from the grant to help offset city costs for Brainerd and Baxter if they are awarded money from the grant application. MOTION by Commissioner Stenberg, seconded by Commissioner Brenny to adopt Resolution No. 2023-xxx a Resolution of Support for FY 2023 RAISE Grant Application for the MN 210 in Brainerd/Baxter – Safety, Mobility, and Multimodal Improvements Project. Motion carried unanimously. INFORMATIONAL ITEMS 26. 2019 Inglewood Drive Drainage Improvements Project Update There was no new information or questions from the commission or the public. 27. Foley Road, Isle Drive, and Forthun Road Improvements Project Update There was no new information or questions from the commission or the public. 28. 2022 Street Improvements Project Update There was no new information or questions from the commission or the public. 29. Eagle Drive Area Improvements Project Update There was no new information or questions from the commission or the public. 30. 2023 Evergreen Drive Improvements Feasibility Study Project Update There was no new information or questions from the commission or the public. 2/8/2023 Utilities Commission Meeting Minutes Page 10 31. Holiday Station Store Contamination at Excelsior and Hwy 371 Project Update There was no new information or questions from the commission or the public. 32. Inglewood Drive to Garrett Lane Stormwater Outlet Study Project Update There was no new information or questions from the commission or the public. 33. Lift Station 16 Reconstruction Project Update There was no new information or questions from the commission or the public. 34. Section 6 Area A1 Outlet Project Update There was no new information or questions from the commission or the public. 35. TH 210 (Washington Street) Final Layout Approval There was no new information or questions from the commission or the public. 36. Wastewater Treatment Plant Charges for December 2022 There was no new information or questions from the commission or the public. 37. 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 6:45 p.m. Motion unanimously approved. Approved by: Respectfully submitted: _______________________ ___________________________ Rock Yliniemi Mary Haugen Chair Administrative Assistant