Utilities Commission Meeting

UTILITIES COMMISSION MEETING MINUTES Wednesday, April 05, 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 Alex Voit, and WiDSETH Consulting Engineer Alex Bitter. CONSENT AGENDA 1. Approve the Utilities Commission Minutes from March 8, 2023 MOTION by Commissioner Stenberg, seconded by Commissioner Brenny to approve the Utilities Commission Minutes of March 8, 2023. Motion carried unanimously. BUSINESS ITEMS 2. Recommend Planning and Zoning approve the Preliminary & Final Plat of Batten Addition with the Proposed Side Yard Setback Variance Assistant City Engineer Thompson reviewed the Preliminary & Final Plat of Batten Addition. The property owner currently owns Lots 1 & 2, of Block 1, Forestview-on-the-River Plat. The existing house is located on Lot 2 and the detached garage is located on Lot 1. The proposed plat adjusts the lot line between Lot 1 and Lot 2 by 34.88 feet to the east at the right-of-way. The lot line adjustment allows the detached garage to be incorporated into Lot 2. Mr. Thompson explained that by adjusting the lot line 34.88 feet to the east, the proposed plat will meet the 100-foot minimum road frontage for Lot 1, but a side yard setback variance is needed for the detached garage on Lot 2. A requirement for platting is access to connect to city sewer and water. Each of the existing lots received a sewer and water service with the 2020 South Interceptor and North Forestview Improvements Project, after replating, each lot will still have a water and sewer service. 4/5/2023 Utilities Commission Meeting Minutes Page 2 Staff recommends approval of the Preliminary & Final Plat for the Batten Addition with the following conditions: 1. Waive additional 7-feet of right-of-way. MOTION by Commission Brenny, seconded by Commission Stenberg to recommend Planning and Zoning approve the Preliminary & Final Plat of Batten Addition with the Proposed Side Yard Setback Variance. Motion carried unanimously. 3. Recommend Planning and Zoning approve the Stoes Perch Preliminary & Final Plat Assistant City Engineer Thompson reviewed the Preliminary & Final Plat of Stoes Perch. Mr. Thompson explained the property owner is proposing to combine two parcels on the south side of Perch Lake. The smaller parcel due to state shoreland regulations cannot be sold separately from the adjacent larger parcel. The proposed plat includes the existing 30-foot utility easement for the City sewer and water from the 2007 South Perch lake improvements Project along with the required 10-foot drainage and utility easement adjacent to road and a 5-foot drainage and utility easement on all interior lot lines. MOTION by Commissioner Christofferson, seconded by Commissioner Brenny to recommend Planning & Zoning approve the Stoes Perch Preliminary & Final Plat. Motion carried unanimously. 4. Sanitary Sewer Mercury Testing Results Update Public Works Director/City Engineer Walter informed the commission that Brainerd Public Utilities contacted the City regarding higher levels of Mercury that were detected in the influent and effluent water. Testing for mercury in the City’s lift stations was performed on Monday, March 27, 2023 to try and determine where the higher mercury concentrations are coming from and the results are listed below:  Lift Station No. 1 – 249  Lift Station No. 2 – 34.6  Lift Station No. 10 – 728  Lift Station No. 11 – 1650  Lift Station No. 13 – 18.9  Lift Station No. 16 – 29.5  Lift Station No. 18 – 57.5  Lift Station No. 24 – 13.6 Common use for mercury and mercury compounds are in amalgam for dental restoration, some food manufacturing operations and is also used in fluorescent lighting. Staff will be working on finding the root source and more testing will be conducted next week. 5. Adopt Title 8, Chapter 5 Stormwater Control and Regulations City Code of the Baxter City Code Assistant City Engineer Thompson gave a brief review of the HR Green Agreement to perform updates to the City’s Stormwater Ordinance language to modernize the ordinance and keep it in line with Minnesota Pollution Control Agency requirements for the City’s MS4 Permit. 4/5/2023 Utilities Commission Meeting Minutes Page 3 A draft was submitted in 2022 and presented to the Utilities Commission but progress was paused following the draft submission. HR Green has now completed this task and the design manual as referenced in the city code. MOTION by Commissioner Stenberg, seconded by Commissioner Brenny to adopt Title 8, Chapter 5 Stormwater Control and Regulations of the Baxter City Code. Motion carried unanimously. 6. Adopt City of Baxter Stormwater Design Manual Assistant City Engineer Thompson stated that the Stormwater Design Manual has guidelines which are meant to serve as a technical supplement to the City’s new Stormwater Ordinance language. The design guidelines encourage infiltration where possible, promote the removal of suspended solids and phosphorus from stormwater before entering the Mississippi River, and standardizes modeling practices and design criteria for storm sewer, stormwater ponds, and erosion control efforts. MOTION by Commissioner Christofferson, seconded by Commissioner Stenberg to adopt the City of Baxter Stormwater Design Manual. Motion carried unanimously. 7. Approve the HR Green General Engineering Services Contract Public Works Director/City Engineer Walter informed the commission this is the basic engineering contract to assist the City of Baxter with general engineering services contract for upcoming non- project specific tasks, such as stormwater construction compliance inspections during the summer of 2023. Chairman Yliniemi inquired if HR Green has an office in town to assist with the stormwater inspections. Mr. Walter stated there is no local office and that WiDSETH has helped out over the past couple of years and their employees came up from Alexandria so the City has been paying travel time. Mr. Walter stated that HR Green is the most familiar with the City’s stormwater code and MS4 Permit. MOTION by Commissioner Christofferson, seconded by Commissioner Brenny to approve the HR Green General Engineering Services Contract. Motion carried with Chairman Yliniemi voting no. 8. Approve the HR Green 2023 Municipal Separate Storm Sewer System (MS4) Program Contract in the Not to Exceed Amount of $14,980.00. Assistant City Engineer Thompson reviewed the HR Green 2023 Municipal Separate Storm Sewer System (MS4) Program Contract. This contract is tied to the 2021 contract to provide assistance with updating items related to its Municipal Separate Storm Sewer System (MS4) permit. Mr. Thompson stated the project was not completed last year due to a staff workload and change in personnel at HR Green and under this contract HR Green will provide various elements for the City’s MCM programs which are currently not in compliance with the State of Minnesota. MOTION by Commissioner Stenberg, seconded by Commissioner Brenny to approve the HR Green 2023 Municipal Separate Storm Sewer System (MS4) Program Contract in the not to exceed amount of $14,980.00. Motion carried unanimously. 4/5/2023 Utilities Commission Meeting Minutes Page 4 9. 2022 Foley Road, Isle Drive, and Forthun Road Improvements Project Update, City Improvement No. 4114 There was no new information or questions from the commission or the public. 10. Approve RL Larson Excavating, Inc. Change Order No. 7 in the increased amount of $20,154.16 for the 2022 Foley Road, Isle Drive, and Forthun Road Improvements Project Update, City Improvement No. 4114 Bolton & Menk Consulting Engineer Drown reviewed the RL Larson Excavating Change Order No. 7 in the increased amount of $20,154.16 for the 2022 Foley Road, Isle Drive, and Forthun Road Improvements Project. Change Order No. 7 includes the following items:  Removing two concrete median sections at Isle Drive and Forthun Road mini roundabout and replacing them with 8” thick concrete.  Constructing a 40’ long x 2.5’ wide x 8” thick concrete truck apron on north side of mini roundabout. Mr. Drown has no concerns with Change Order No. 7 and recommended approval. MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to approve the RL Larson Excavating, Inc. Change Order No. 7 in the increased amount of $20,154.16 for the 2022 Foley Road, Isle Drive, and Forthun Road Improvements Project. Motion carried unanimously. 11. 2022 Trunk Highway 210 & Inglewood Drive Railway Crossing Improvements Project Update - Municipal Project No. 4121 Bolton & Menk Consulting Engineer Drown informed the commission a Preconstruction meeting was held on March 29th and the project will start up on May 2, 2023. 12. Approve Anderson Brothers Construction Change Order No. 1 in the amount of $29,195.82 for 2022 Trunk Highway 210 & Inglewood Drive Railway Crossing Improvements Project Bolton & Menk Consulting Engineer Drown reviewed the Anderson Brothers Construction Change Order No. 1 in the increased amount of $29,195.82 for the 2022 Trunk Highway 210 & Inglewood Drive Railway Crossing Improvements Project Change Order No. 1 includes the following items:  Adding a concrete median and south bound stop sign at the north leg of the Inglewood Drive and Fairview Road intersection. This will create a 3-way stop condition like the Woida Road and Edgewood Drive intersection to keep traffic control consistency within the City for these frontage road intersections.  Revising the east bound right turn lane from TH 210 to Inglewood Drive. Mr. Drown has no concerns with Change Order No. 1 and recommended approval. MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to approve Change Order No. 1 in the amount of $29,195.82 for the 2022 Trunk Highway 210 & Inglewood Drive Railway Crossing Improvements Project. Motion carried unanimously. 4/5/2023 Utilities Commission Meeting Minutes Page 5 13. Approve the BNSF Invoice 90248987 in the amount of $30,128.18 for the 2022 TH 210 and Inglewood Drive Improvements Project, City Improvement No. 4121 Bolton & Menk Consulting Engineer Drown reviewed BNSF Invoice 90248987 in the amount of $30,128.18. The invoice includes work completed between 1/18/2023 and 2/14/2023 related to the railway signal. The invoice includes bill preparation, signal material, and material handling costs. MOTION by Commissioner Brenny, seconded by Commissioner Christofferson to approve the BNSF Invoice 90248987 in the amount of $30,128.18 for the 2022 TH 210 and Inglewood Drive Improvements Project. Motion carried unanimously. 14. Approve Plans & Specifications and Authorize Advertisement for Bids for 2023 Micro Surfacing Project Bolton & Menk Consulting Engineer Drown stated the signed plan were in the Utilities Commission packet and inquired in anyone had any question or comments to be incorporated into the plans. The commissioner had no questions or comments. MOTION by Commissioner Christofferson, seconded by Commissioner Brenny to approve plans and specifications and order advertisement for bids for the 2023 Micro Surfacing Project. Motion carried unanimously. 15. 2023 Knollwood Drive Improvements Project Monthly Update There was no new information or questions from the commission or the public. 16. Approve the Knife River Corporation – North Central Change Order No. 1 in the Increased Amount of $15,000 for the 2023 Knollwood Drive Improvements Project WiDSETH Consulting Engineer Bitter reviewed the Knife River Corporation – North Central Change Order No. 1 in the increased amount of $15,000.00 for the 2023 Knollwood Drive Improvements Project Change Order No. 1 includes the following items:  At the time of bidding, a $15,000 Cash Allowance was added by addendum for Irrigation System Repairs. This addendum was recognized and the $15,000 was included in the Contractors Bid. A clerical error took place as the final award documents and resolutions were being drafted and the $15,000 allowance was omitted from the total project cost. WiDSETH reviewed the omission with Knife River, and it was agreed to add the $15,000 allowance to the total project cost by Change Order. Mr. Bitter has no concerns with Change Order No. 1 and recommended approval. MOTION by Commissioner Christofferson, seconded by Commissioner Brenny to approve Change Order No. 1 in the amount of $29,195.82 for the 2022 Trunk Highway 210 & Inglewood Drive Railway Crossing Improvements Project. Motion carried unanimously. 17. Lift Station 13 Reconstruction Project Update There was no new information or questions from the commission or the public. 4/5/2023 Utilities Commission Meeting Minutes Page 6 18. Accept the Anderson Brothers Construction Company of Brainerd, LLC Lump Sum Bid in the Amount of $180,217.07 for the Lift Station No. 13 Reconstruction project and increase the project budget from $240,000.00 to $251,117.07 WiDSETH Consulting Engineer Bitter informed the commission that pursuant to authority of the City Council and after proper legal advertisement, bids for the reconstruction of Lift Station No. 13, located on Forest Drive and just north of Excelsior Road, were obtained on Thursday, March 30, 2023, at 4:00 P.M., at the Baxter City Hall. The City received the following bids:  Anderson Brothers Construction $180,217.07  CCS Contracting, Inc. $189,500.00  TNT Construction Group, LLC $218,800.00  Tom’s Backhoe Service, Inc. $230,000.00  Engineer’s Estimate $160,000.00 The City received a total of four bids. The apparent low bidder is Anderson Brothers Construction Company of Brainerd, LLC with a lump sum bid of $180,217.07. Anderson Brothers bid was not read aloud at the bid opening because they did not acknowledge issuance of Addendum 3. Addendum 3 was issued late on Wednesday, March 29, 2023, just one day prior to the bid opening. The Addendum clarified that all discharge piping in the wet well above the pump base elbows needed to be furnished and installed by the contractor. Anderson Brothers has acknowledged in writing their material supplier was aware of Addendum 3 and the costs for the wet well piping and fittings is included in their lump sum bid. The City Attorney has reviewed the issue and determined the City has discretion to say the omission was not material and can accept the bid. MOTION by Commissioner Christofferson, seconded by Commissioner Stenberg to accept the Anderson Brothers Construction Company of Brained, LLC’s Lump Sum Bid in the Amount of $180,217.07 for the Lift Station No. 13 Reconstruction Project and increase the project budget from $240,000.00 to $251,117.07. INFORMATIONAL ITEMS 19. 2022 Full Depth Reclamation and Reconstruction Improvements Project Monthly Update There was no new information or questions from the commission or the public. 20. 2023 Commercial and Residential Full Depth Reclamation Improvements Project & Quiet Zone Design, Implementation, and Notification Monthly Update There was no new information or questions from the commission or the public. 21. 2023 Cypress Drive and Douglas Fir Drive Improvements Project Monthly Update There was no new information or questions from the commission or the public. 22. 2024 Mill & Over and Full Depth Reclamation Improvements Project Monthly Update 4/5/2023 Utilities Commission Meeting Minutes Page 7 There was no new information or questions from the commission or the public. 23. 2024 Design Road & TH 371 Stormwater Improvements Project Update There was no new information or questions from the commission or the public. 24. 2024 South Forestview Improvements Project Monthly Update There was no new information or questions from the commission or the public. 25. Brainerd Public Utilities Electric Consumption Notice There was no new information or questions from the commission or the public. 26. Brainerd Public Utilities Solar Array Screening Concept Plan and Bluff Analysis Update There was no new information or questions from the commission or the public. 27. Eagle Drive Area Improvements Feasibility Study Project Monthly Update There was no new information or questions from the commission or the public. 28. Project Update – 2023 Evergreen Drive Improvements Feasibility Study 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 Monthly Update There was no new information or questions from the commission or the public. 31. Lift Station 16 Reconstruction Project Monthly Update There was no new information or questions from the commission or the public. 32. MnDOT Highway Users Tax Distribution Fund for Local Road and Bridges (2023) There was no new information or questions from the commission or the public. 33. Section 6 Area A1 Outlet Project Monthly Update There was no new information or questions from the commission or the public. 34. TH 210 Street Lighting Improvements There was no new information or questions from the commission or the public. 35. Wastewater Management Board There was no new information or questions from the commission or the public. 4/5/2023 Utilities Commission Meeting Minutes Page 8 36. Wastewater Treatment Plant Charges for February 2023 There was no new information or questions from the commission or the public. 37. Whiskey Creek Stormwater Improvements Project Update There was no new information or questions from the commission or the public. 38. Local Road Research Board – Guidance to help Local Agencies Address Deferred Maintenance There was no new information or questions from the commission or the public. 39. PSI Water Technologies Service Report There was no new information or questions from the commission or the public. 40. Tree Trimming Letter for Proposed Micro Surfacing Project Residents 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 6:32 p.m. Motion unanimously approved. Approved by: Respectfully submitted: _______________________ ___________________________ Rock Yliniemi Mary Haugen Chair Administrative Assistant