Utilities Commission Meeting

PAXTE UTILITIES COMMISSION MEETING MINUTES Wednesday, December 06, 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 Yliniemi. ROLL CALL Members Present: Commissioners Jack Christofferson, Douglas Stenberg, John Brenny, 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 Isaiah Escobedo( WSB). Other Present: Bolton& Menk Consulting Engineer Bryan Drown, HR Green Representative Bridget Osborn, SEH Consulting Engineers Alex Voit, Neil Heinonen and Scott Hedlund, and Widseth Consulting Engineer Alex Bitter. CONSENT AGENDA 1. Approve the Utilities Commission Minutes from November 8, 2023 MOTION made by Commissioner Stenberg, seconded by Commissioner Brenny to approve the Utilities Commission Minutes from November 8, 2023. Motion carried unanimously. BUSINESS ITEMS 2. Recommend Planning and Zoning Approve the Preliminary and Final Plat for Twelfth Addition to Forestview on the River Consulting Engineer Heinonen reviewed the Preliminary and Final Plat for Twelfth Addition to Forestview on the River. The plat ties in with the 2024 South Forestview Area Improvements Project. This Plat includes two existing lots owned by Jon and April Slipy. The Slipy' s have a parcel with a home and a second vacant parcel that is adjacent to the home. The City of Baxter, as part of the 2024 South Forestview Area Improvements project, was seeking property for a lift station. The Slipy' s have agreed to sell a portion of this property to the city. As part of the transaction, the property is being platted to split off a portion of the property to be an outlot in a corner of the secondary parcel. The remainder of this parcel will be tied to the existing parcel with the home and become a single lot. The plat vacates all existing Drainage and Utility easements and rededicates a 15- foot drainage and utility easement adjacent to roadways and 5- foot along rear and side lot lines on the new lot lines. This is consistent with the existing plat. The plat does not dedicate the additional 7 feet of road right-of- way per City Code " 11- 4- 2: STREETS:" for Local Streets. There are no trails proposed in this area and the large drainage and utility easement provides adequate room for private utility companies to install 12/ 6/ 2023 Utilities Commission Meeting Minutes Page 2 their infrastructure, Public Works Director/ City Engineer Walter is recommending to not require the additional 7 feet of right- of- way as per City Code: 11- 4- 2: STREETS:. Mr. Walter stated the Planning and Zoning concerns are that no utility and drainage easements have been shown on Outlot A. A 15' drainage and utility easement needs to be shown on River Vista Drive and the others should have 5' drainage and utility easement shown on the plat. Mr. Heinonen was requested to address the changes on the plat and resubmit with callouts. MOTION by CommissionerBrenny, seconded by Commissioner Stenberg recommend Planning & Zoning approve the Preliminary and Final Plat for Twelfth Addition to Forestview on the River after adding the Drainage and Utility Easements to Outlot A. Motion carried unanimously. 3. Recommend Planning and Zoning Approve VU Acres Preliminary and Final Plat Assistant City Engineer Thompson reviewed Preliminary and Final Plat. The property the VU Acres owner has proposed to split their property which is currently described by meets and bounds into two parcels. Currently there is a house on the property, the house will be on Lot 1 and Lot 2 will be a vacant lot which the applicant intends to build on. To meet zoning requirements, a shed will be removed, and existing pavement will be removed. The proposed lots will each have a sewer and water service adjacent to their property. The property has experienced issues with high ground water in the past, a condition included in the staff recommendation includes reference to City Code " 9- 1- 5: Elevation:" requiring a structure to meet the 3- foot separation requirements to periodically saturated soils and 100-year storm elevation. The vacant lot will likely require fill to meet the separation requirements as outlined in section 9- 1- 5 of City Code. When adding fill to the lot, they will not be allowed to drain stormwater to adjacent properties, this is listed in state statute. The plat includes the additional 7 feet of right of way that is required by City Code " 11- 4- 2: STREETS:", this is consistent with the adjacent properties to the north and south. Staff is recommending the Utilities Commission recommend approval of the VU Acres Preliminary and Final Plat with the following conditions: Future building structures will be required to meet the 3- foot separation to periodically saturated soils and 100- year storm elevation per City Code 9- 1- 5. As Lot 2 develops, no increase in stormwater drainage is allowed to drain onto adjacent property. MOTION by Commissioner Stenberg, seconded by Commissioner Brenny to recommend Planning and Zoning to approve VU Acres Preliminary and Final Plat with the conditions listed in the staff recommendations. Motion carried unanimously. 4. Recommend Planning and Zoning Approve the Vogl Conditional Use Permit Assistant City Engineer Thompson reviewed the Vogl Conditional Use Permit to construct a single- family house with a future detached garage on a 3. 63- acre parcel on Mile Lake. The property is located in the Residential Staging District ( RS) Zoning which requires a minimum of a 10- acre parcel. The 12/ 6/ 2023 Utilities Commission Meeting Minutes Page 3 proposed CUP is to develop the single- family home on a legally non- conforming shoreland lot. The variance is to develop an RS property that is less than 70 percent of the lot area requirement. The parcel is accessed by Mile Lake Drive which is a private road stemming from TH 210. The subdivision ordinance requires that private streets be provided within a 40- foot-wide easement and that it ispaved 26 feet wide. The application has requested a variance to the private street standard to allow the plat to move forward with access to Mile Lake Drive without making improvements. Staff is recommending approval with the following condition: To meet fire code requirements for a private road with 3 or more properties is to require a graded surface of 20 feet wide so an emergency vehicle can bypass oncoming vehicles. MOTION by Commissioner Brenny, seconded by Commissioner Sternberg to recommend Planning and Zoning approve the Vogl Conditional Use Permit with the condition listed in the staff recommendation. Motion carried unanimously. 5. 2022 Trunk Highway 210& Inglewood Drive Railway Crossing Improvements Project Update Consultant Engineer Drown updated the Commission on the project. There was no new information or questions from the commission or the public. 6. Approve the BNSF Invoice No. 90260775 in the amount of $ 2,,318. 05 for the 2022 TH 210 and Inglewood Drive Improvements Project, City Improvement No. 4121 Bolton & Menk Consulting Engineer Drown reviewed the BNSF Invoice 90260775 which includes work completed between 08/ 28/ 2023 and 10/ 22/ 2003 related to the railway signal. Mr. Drown has no concerns with BNSF Invoice 90260775 and recommends approval. MOTION by Commissioner Stenberg, seconded by Commissioner Brenny to approve the BNSF Invoice 90260775 in the amount of$ 2318. 05 for the 2022 TH 210 and Inglewood Drive Improvements Project. Motion carried unanimously. 7. 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements Project Monthly Update Consulting Engineer Voit updated the Utilities Commission on the project. Diagnostic Inspection reports there are certain spots of curb that need to be updated to be compliant. 8. Approve the Anderson Brothers Construction Partial Pay Estimate No. 5 in the amount of 151, 715. 62 for the 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements Project SEH Consulting Engineer Voit reviewed Pay Estimate No. 5 in the amount of$ 151, 715. 62 for the Partial 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements Project. Partial Pay Estimate No. 5 is for work accomplished through November 17th and covers seedings, signs and miscellaneous work items. 12/ 6/ 2023 Utilities Commission Meeting Minutes Page 4 Mr. Voit has no concerns with Partial Pay Estimate No. 5 and recommends approval. MOTION by Commissioner Christofferson, seconded by Commissioner Stenberg to approve the Anderson Brothers Construction Partial Pay Estimate No. 5 in the amount of$ 151, 715. 62 for the 2023 Commercial and Residential Full Depth Reclamation and Quiet Zone Improvements Project. Motion carried unanimously. 9. 2023 Cypress Drive and Douglas Fir Drive Improvements Project Monthly Update Consulting Engineer Hedlund gave an update on the project. There was no new information or questions from the commission or the public. 10. Approve the Kraemer Trucking & Excavating, Inc Partial Pay Estimate No. 7 in the amount of 130, 793. 07 for the 2023 Cypress Drive and Douglas Fir Drive Improvements Project SEH Consulting Engineer Hedlund reviewed Partial Pay Estimate No. 7 in the amount of$ 130, 793. 07 for the 2023 Cypress Drive and Douglas Fir Drive Improvements Project. The pay estimate is for work accomplished through November 20 and consists of reducing the retainage from 5. 0% to 1. 5%. An extra half a percent was retained in anticipation of possible additional permanent turf restoration work being required in the spring. Mr. Hedlund had no concerns with Partial Pay Estimate No. 7 and recommended approval. MOTION by Commissioner Stenberg, seconded by Commissioner Brenny to approve the Kraemer Trucking & Excavating, Inc Partial Pay Estimate No. 7 in the amount of $ 130, 793. 07 for the 2023 Cypress Drive and Douglas Fir Drive Improvements Project. Motion carried unanimously. 11. Approve the SEH Feasibility Report Update Services Contract in the Not to Exceed Amount of 9, 000.00 for the Cypress Drive Connection to Woida Road Improvements Project SEH Consulting Engineer Hedlund explained that SEH had previously prepared a feasibility report in 2018 titled 2022 Cypress Drive Connection to Woida Road Improvements Project for improvements associated with the extension and connection of Cypress Drive north from the old golf course property to Woida Road; the extension and reconstruction of Woida Road from TH 371 to Cypress Drive; and the realignment of the Golf Course Drive connection to Woida Road. This project has been a part of the City' s long range capital improvements and transportation planning efforts for years. There is regional interest in possibly moving this project forward for construction in 2027. Staff has requested a proposal from SEH to update the feasibility study with the main emphasis on updating the project cost opinion to 2023 dollars and then providing projected cost increases for scenarios of constructing the project in 2024, 2025, 2026, and 2027 using MnDOT standard inflationary factors. The fees associated with updating the feasibility report will be tracked as part of the capital project and paid from special assessments and City contributions in accordance with the City' s Assessment Policy MOTION by Commissioner Christofferson, seconded by Commissioner Brenny to approve the SEH Feasibility Report Update Services Contract in the Not to Exceed Amount of$ 9, 000. 00 for the Cypress Drive Connection to Woida Road Improvements Project. Motion carried unanimously. 12/ 6/ 2023 Utilities Commission Meeting Minutes Page 5 12. 2022 Full Depth Reclamation and Reconstruction Improvements Project Monthly Update There was no new information or questions from the commission or the public. 13. Approve the Anderson Brother Construction Final Pay Estimate 10 in the amount of$ 3, 000 for the 2022 Full Depth Reclamation & Reconstruction Improvements Project, Municipal Project Number 4422. WiDSETH Consulting Engineer Bitter reviewed Final Pay Estimate No. 10 in the amount of$ 3, 000. 00 for the 2022 Full Depth Reclamation & Reconstruction Improvements Project. The Contractor has earned $ 1,, 041,.355. 59 to date which represents 95. 7% of the revised contract value. The retainage has been released resulting in a final payment to the Contractor in the amount of 3, 000. 00. The City has received the IC- 134 documents so final payment may be released. Mr. Bitter had no concerns with Final Pay Estimate No. 10 and recommended approval. MOTION by Commissioner Sternberg, seconded by Commissioner Christofferson to approve the Anderson Brothers Construction Final Pay Estimate No. 10 in the amount of$ 3, 000.00 for the 2022 Full Depth Reclamation & Reconstruction Improvements Project. Motion carried unanimously. 14. 2023 Knollwood Drive Improvements Project Monthly Update There was no new information or questions from the commission or the public. 15. Approve the Knife River Corporation — North Central Partial Pay Estimate No. 7 in the amount of 83, 871. 93 for the 2023 Knollwood Drive Improvements Project, Municipal Project Number 4132 WiDSETH Consulting Engineer Bitter reviewed Partial Pay Estimate No. 7 in the amount of$ 83, 871. 93 for the 2023 Knollwood Drive Improvements Project. The Contractor has earned $ 1.. 840,,673. 62 to date which represents 103. 3% of the revised contract value. The retainage has been reducedby $ 56, 248. 33 leaving $ 32, 862. 08 still being retained which results in a total payment of$ 83, 871. 93. The retainage withheld is based on unit price costs for turf restoration work that may need to be addressed in the spring. Mr. Bitter had no concerns with Partial Pay Estimate No. 7 and recommended approval. MOTION by Commissioner Brenny, seconded by Commissioner Christofferson to approve the Knife River Corporation— North CentralPay Estimate 7 in the amount of$ 83, 871. 93 for the 2023 Knollwood Drive Improvements Project. Motion carried unanimously. 16. 2024 Evergreen Drive Improvements and Southeast Baxter Stormwater Overflow Improvements Project Monthly Update There was no new information or questions from the commission or the public. 17. Approve the Widseth Agreement for Professional Engineering Services for the West Clearwater Road and Oakwood Drive Feasibility Report in the Not to Exceed Amount of$ 15, 000. 00 12/ 6/ 2023 Utilities Commission Meeting Minutes Page 6 WiDSETH Consulting Engineer Bitter stated that staff requested a Proposal to prepare a feasibility report for the following improvements: Clearwater Road ( Welton Road to Memorywood Drive) Gravity sanitary sewer collection system Water distribution system Rural roadway construction Bituminous trail reconstruction Welton Road ( Clearwater Road to 150' north of Clearwater Road) Sanitary sewer lift station Gravity sanitary sewer collection system Water distribution system Rural roadway re- construction Oakwood Drive ( Cedar Scenic Road to Clearwater Road) Gravity sanitary sewer service to Whipple Beach Water distribution system/ looping Rural roadway realignment and construction The report will build on prior completed work to determine estimated project costs and assessments for the project. MOTION by Commissioner Christofferson, seconded by Commissioner Stenberg to approve the Widseth Agreement for Professional Engineering Services for the West Clearwater Road and Oakwood Drive Feasibility Report in the Not to Exceed Amount of$ 15, 000. 00. Motion carried unanimously. 18. Approve the Widseth Agreement for Professional Engineering Services for the Ironwood Drive Feasibility Report for the Not to Exceed Amount of$ 7, 250. 00 WiDSETH Consulting Engineer Bitter reviewed the proposal to study the southerly extension of sanitary sewer, water, storm sewer and roadway improvements Ironwood Drive. The area to the east of the project area is the Wonder Trek Children' s Museum property. The project will extend southernly off the north portion of Ironwood Drive that was constructed in 2020 as part of the North Forestview Project for Knute Nelson Development. The report will be used to determine estimated project costs and assessments for the project. MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to approve the Widseth Agreement for Professional Engineering Services for the Ironwood Drive Feasibility Report for the Not to Exceed Amount of$ 7, 250. Motion carried unanimously. 19. Approve the Widseth Agreement for Professional Engineering Services for the Fairview Road Extension to Excelsior Road Feasibility Report in the Not to Exceed Amount of$ 7, 500. 00 WiDSETH Consulting Engineer Bitter reviewed the proposal to update the feasibility report for the extension of sanitary sewer, water, storm sewer and roadway improvements along Fairview Road to the Excelsior Road and Edgewood Drive Roundabout. 12/ 6/ 2023 Utilities Commission Meeting Minutes Page 7 In 2019, Widseth assisted the City with developing exhibits, cost estimates and assessment calculations for the Fairview Road extension project through the Fruth property. This report will build on the work completed in 2019 and be suitable for use in a future Chapter 429 assessment project. Commissioner Brenny Inquired about when these projects will be implemented. City Engineer/ Public Works Director Trevor Walter stated that these projects are to be prepared for the T. H. 371 and T. H. 210 Interchange project to be used as detours. These feasibility studies will be used by MNDOT to determine how to build these detours. MOTION by Commissioner Christofferson, seconded by Commissioner Stenberg to approve the Widseth Agreement for Professional Engineering Services for the Fairview Road Extension to Excelsior Road Feasibility Report in the Not to Exceed Amount of$ 7, 500. 00. Motion carried unanimously. 20. Approve the Widseth Agreement for Professional Engineering and Environmental Services for the Evergreen Drive Property Improvements — Wetland Mitigation for the Not to Exceed Amount of 7,pOOO. 00 WiDSETH Consulting Engineer Bitter reviewed the proposal to provide engineering and environmental services for wetland mitigation and replacement plan services on the City owned property located along Evergreen Drive between Hastings Road and College Road. The wetland sequencing process requires that wetland mitigation be provided for all unavoidable wetland impacts. MOTION by Commissioner Stenberg, seconded by Commissioner Christofferson to approve the Widseth Agreement for Professional Engineering and Environmental Services for the Evergreen Drive Property Improvements — Wetland Mitigation for the Not to Exceed Amount of $ 7, 000. 00. Motion carried unanimously. 21. 2023 Stormwater Program Monthly Update There was no new information or questions from the commission or the public. 22. Approve the HR Green Amendment No. 1 in the Estimated Amount of$ 3, 100. 00 for the 2023 MS4 Stormwater Program HR Green Representative Osborn reviewed Amendment No. 1 to prepare a permit application template for individuals conducting land disturbing activities less than one acre. Meeting and coordination time will also be included. Assistant City Engineer Thompson explained that they are working on a standard form for sites that do not require a permit an NPDES Construction Stormwater Permit such as construction sites under one- acre. Mr. Thompson had no concerns with the amendment and recommended approval. MOTION by Commissioner Stenberg, seconded by Commissioner Brenny to approve the HR Green Amendment No. 1 in the Estimated Amount of $ 3.,100. 00 for the 2023 MS4 Stormwater Program. Motion carried unanimously. 23. Whiskey Creek Stormwater Improvements Project Monthly Update HR Green Representative Osborn gave an update on the Whiskey Creek Stormwater Improvements Project 12/ 6/ 2023 Utilities Commission Meeting Minutes Page 8 24. Approve JR Ferche Inc. Change Order No. 4 in the Increased Amount of$ 107,,126. 21 for the Whiskey Creek Stormwater Improvements Project and amend the Whiskey Creek stormwater budget in the Stormwater Enterprise Fund for the additional amount of$ 180, S26. 21 HR Green Representative Bridget Osborn reviewed Change Order No. 4 in the increased amount of 107.,126. 21 for the Whiskey Creek Stormwater Improvements Project. Change Order No. 4 includes the following item: A portion of the berm between the concrete forebay and the larger pre- treatment basin washed out in a rainstorm in early November. To repair the berm and protect it from future washouts, additional riprap will be added to the backside of the berm and further up the side slopes of the concrete forebay. To protect the base material under the concrete, the contractor will grout riprap in place along the edges of the concrete and pump grout in to fill areas where base material washed out. Performing this work requires pumping down of the basin. The work requires disturbance of previously stabilized areas that will require repair. All parties have agreed that this work will be paid for on a time and materials basis. Commissioner Christofferson Stenberg had visited the site, and he stated that he and Commissioner expressed his concern that extra riprap may still be necessary due to the nature of the soils in the site. He stated that it seemed obvious that the concrete forebay would have required the additional riprap that was included in this change order and that it should have been included in the original design. The commission held an extensive discussion of the project and the end goals of the improvements. The concrete forebay- bay is in place and is set up to take the additional stormwater from the TH 371 when the 60' pipe is installed with an upcoming project. Ms. Osborn stated the project will be a benefit to the community and the stakeholders once it is complete. Council Liaison Cross stated his concern is the costs are continuing to increase and the City is the only one paying for the additional construction costs. City Engineer/ Public Works Director Trevor Walter asked for a breakdown of costs for Change Order No. 4. Ms. Osborn stated that$ 50, 000 was part of the emergency repairs and the$ 59, 000 was part of the added Rip Rap and changes the city wanted to the project. Council Liaison Cross inquired why $ 50, 000 was earmarked for the landscaping project and why the city was not informed that prices would be much higher. Ms. Osborn said they used the$ 50, 000. 00 as a place holder and never had an actual estimate on the landscaping because the plan had not been completed. Council Liaison Cross asked what dollar amount was included in the original estimate used for submitting the grant application. Ms. Osborn will find the estimates from before the project started and see how much money was originally estimated for the landscaping prior to removing it from the project scope and bidding separately. The commission held an extensive landscaping and funding for the site. Public Works discussion on Director/ City Engineer Walter stated that he has concern on the landscaping budget as it is at bare- bones minimum and there are still issues with the sand forebay and sluffing when drawdown has happened. 12/ 6/ 2023 Utilities Commission Meeting Minutes Page 9 Council Liaison Cross stated a Best Management Plan needs to be put in place to prevent anything from happening until landscaping has been completed and grass is established. Commissioner Christofferson requested options and prices at no cost to the city. MOTION by Commissioner Stenberg, seconded by Commissioner Brenny to approve J. R. Ferche Inc. Change Order No. 4 in the increased amount of $ 107, 126. 21 for the Whiskey Creek Stormwater Improvements Project and amend the Whiskey Creek stormwater budget in the Stormwater Enterprise Fund for the additional amount of$ 180, 526. 21. Motion carried unanimously. 25. Approve Whiskey Creek Planting Plan and Authorize Request for Quotes HR Green Representative Osborn informed the commission that the City Council approved an amendment to HR Green' s contract that added a 3rd phase to the services at the November 21, 2023 meeting. This phase covers the development of plan sets and specifications for a separate landscaping project to occur in spring 2024 at the Whiskey Creek site, as well as assistance with the bid process and City construction administration services for the project. The Crow Wing Soil and Water Conservation District has allocated grant funding for the landscaping project in the amount of 50, 000. 00. Ms. Osborn indicated the contractor will do the maintenance for the first year and the SWCD for the second and third year. City staff will need to provide the mowing on the site. The commission had a concern with the warranty and how a contractor can be responsible to water that large of an area. MOTION by Commissioner Stenberg, seconded by Commissioner Brenny to approve Whiskey Creek Planting Plans and authorize request for quotes. Motion carried unanimously. 26. Approve Shawn Fletcher Trucking Invoice No. 34772 for the Winter Tree Clearing for the South Forestview Improvements in the Amount of$ 23, 921. 00 Consulting Engineer Heinonen reviewed Invoice No. 34772 in the amount of$ 23, 921. 00. Mr. Heinonen has no concerns with the Shawn Fletcher invoice and recommends approval. Commissioner Christofferson expressed his concern about not retaining enough to make sure that site cleanup has been completed to specifications. Commissioner Christofferson requested to increase the retainage to 10% to get the contractor to clean up the remaining brush. MOTION by Commissioner Christofferson, seconded by Commissioner Stenberg to approve Shawn Fletcher Trucking Invoice No. 34772 for the Winter Tree Clearing for the South Forestview Improvements in the Amount of$ 22, 662 for 10% retainage. Motion carried unanimously. INFORMATIONAL ITEMS 26. 2023 Novotny Road Improvements Project Monthly Update There was no new information or questions from the commission or the public. 27. 2024 Design Road & TH 371 Stormwater Improvements Project Monthly Update There was no new information or questions from the commission or the public. 28. 2024 South Forestview Improvements Project Monthly Update 12/ 6/ 2023 Utilities Commission Meeting Minutes Page 10 SEH Consulting Engineer Heinonen stated there was a property acquisition for an easement for a lift station in closed session with City Council last night, and the easement was approved for purchase. 29. 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 There was no new information or questions from the commission or the public. 31. Inglewood Drive to Garrett Lane Stormwater Outlet Study Project Monthly Update There was no new information or questions from the commission or the public. 32. Lift Station 13 Reconstruction Project Monthly Update There was no new information or questions from the commission or the public. 33. TH 210 Street Lighting Improvements Project Monthly Update There was no new information or questions from the commission or the public. 34. Wastewater Treatment Plant Charges for October 2023 There was no new information or questions from the commission or the public. 35. Wellhead Protection Plan Part II Project Monthly Update There was no new information or questions from the commission or the public. ADJOURN MOTION made by Commissioner Stenberg, seconded by Commissioner Brenny to adjourn at 7: 08 p. m. Motion carried unanimously. by: Respectfully Submitte , yApproed oe Rock Yliniemi Mary Hau n Chairman Administrative Assistant