baxter city council agenda - · pdf filemayor darrel olson and council members quinn nystrom,...

1

BAXTER CITY COUNCIL AGENDA Tuesday, February 20, 2018

The regular meeting of the Baxter City Council will be held on Tuesday, February 20,

2018 at 7:00 p.m. at the Baxter City Hall, 13190 Memorywood Dr., Baxter, MN.

1. Call Meeting to Order

2. Roll Call

3. Pledge of Allegiance

4. Additions or Changes to the Agenda

5. Public CommentsA. Comments received from the public may be placed on a future meeting agenda for

consideration.

6. Consent AgendaThe following items are considered non-controversial by staff and are recommended to be

read and passed in one motion. Any council person, staff, citizen, or meeting attendee can

request one or more items be pulled from the Consent Agenda and the item will be pulled and

addressed immediately after the passage of the Consent Agenda; otherwise, the following items

will be passed in one motion:

A. Approve City Council Minutes from February 7, 2018 (pp. 5-7).

B. Approve City Council Work Session Minutes from February 7, 2018 (pp. 8-10).

C. Approve the Payment of Bills and Finance Report (Addendum A and Addendum A-1).

D. Adopt Resolution 2018-008 Receiving Feasibility Report and Calling Hearing on

Improvement for the 2018 Mill and Overlay and Full Depth Reclamation Improvement

Project (pp. 14-15).

E. Adopt Resolution 2018-009 Ordering Preparation of Report on 2019 South Interceptor and

North Forestview Improvement Project (pp. 16).

F. Adopt Resolution 2018-010 Receiving Feasibility Report for the 2019 South Interceptor

and North Forestview Improvements Project (pp. 17).

2

G. Approve Permit for Retail Sales of Fireworks for Mills Fleet Farm, located at 14114

Dellwood Drive, for the Period February 21, 2018 through February 20, 2019 (pp. 18).

H. Approve Permit for Retail Sales of Fireworks for Menards, located at 15236 Dellwood

Drive, for the Period February 21, 2018 through February 20, 2019 (pp. 19).

I. Approve Temporary Liquor License for the Brainerd American Legion Event on March

17, 2018 at the Northland Arboretum (pp. 20).

J. Approve Purchase of the 2018 Ford F-250 from Mills Motor, Inc. including plow and

accessories, for a total of $40,242.11 (pp. 21-41).

K. Approve the Crow Wing County Highway Department’s 2017 Pavement Marking Cost

Share in the amount of $19,534.59. (pp. 42-43).

L. Approve Amendment No. 2 To Contract No. 45902 Paul Bunyan State Trail/City of Baxter

Trail Connections Cooperative Agreement Between the State of Minnesota and the City of

Baxter (pp. 44-63).

M. Accept Utilities Commission Minutes from February 8, 2018 (pp. 64-71).

1. Approve the Camping World stormwater management plan for 100-year design

on all new impervious surfaces and 5-year design on all existing impervious

surfaces (pp. 72-75).

2. Approve the WSB Proposal for Biological Filtration Water Treatment Plant

Pilot Study and dedicate 40 – 60 staff hours and lab supplies towards the pilot

study (pp. 76-78).

3. Approve the Bolton & Menk Proposal for Engineering Services for the 2018

Sealcoat Improvements Project in the estimated amount of $24,500.00 (pp. 79-

82).

4. Approve the Quality Flow Quote for Sanitary Sewer Lift Station No. 2 in the

amount of $64,890.00 for the 2018 Cypress Drive Improvements Project (pp.

83-88).

5. Approve the Quality Flow Quote for the Storm Water Lift Station No. 2 in the

amount of $69,780.00 for the 2018 Cypress Drive Improvements Project (pp.

83-88).

3

6. Approve the WSB Proposal for Right-of-Way Platting of Cedar Scenic Road in

the not to exceed amount of $4,500.00 and have City Attorney Person proceed

with quiet title action (pp. 87).

7. Approve the Bill Ludenia Quote to complete appraisals on five parcels at

$1,500.00 per parcel ($7,500.00) for the Section 6 Area A1 Stormwater Outlet

from Clearwater Road to Woida Road Improvements Project (pp. 88-90).

8. Approve the WSN Agreement for Professional Services for the Water

Treatment Plant Generator in the not to exceed amount of $13,750.00 (pp. 91-

102).

9. Approve the Eagle Construction Company Change Order No. 1 in the increased

amount of $13,550.00 for the 2018 Water Treatment Plant Flume Replacement

Project and change the substantial completion date from March 30, 2018 to

April 13, 2018 and final completion date from April 13, 2018 to April 27, 2018

(pp. 103-104).

10. Approve the Eagle Construction Company, Inc. Partial Pay Estimate No. 2 in

the amount of $86,255.25 for the 2018 Water Treatment Plant Flume

Replacement Project (pp. 105-106).

N. Accept Planning Commission Minutes from February 13, 2018 (pp. 107-110).

O. Accept EDA Minutes from December 19, 2017 (pp. 111).

7. Pulled Agenda Items 8. Other Business

A. Planning and Zoning Actions

1. Adopt Ordinance 2018-003, and Resolution 2018-011 approving Rezoning/PUD

General and Final Plan to allow Gander Outdoors, Camping World and

Overton’s, and a multi-tenant retail development for property located at 14275,

14203 and 14199 Edgewood Drive (pp. 112-117).

9. Council Comments A. Quinn Nystrom

B. Steve Barrows

C. Todd Holman

4

D. Mark Cross

E. Darrel Olson

10. City Administrator’s Report

11. City Attorney’s Report A. Closed Session, Minnesota Statute 13D.05, subd. 3 (c), Purchase of Property

12. Adjourn

BAXTER CITY COUNCIL MINUTES February 7, 2018

1. Call Meeting to OrderMayor Darrel Olson called the meeting to order at 7:00 p.m.

2. Roll CallMayor Darrel Olson and Council Members Quinn Nystrom, Steve Barrows, Todd Holman,and Mark Cross were present.

City Administrator Bradley Chapulis, Assistant City Administrator Kelly Steele, PublicWorks Director Trevor Walter, Police Chief Jim Exsted, and Community DevelopmentDirector Josh Doty were present.

3. Pledge of AllegianceAll joined Mayor Olson in the Pledge of Allegiance

4. Additions or Changes to the AgendaNone

5. Public CommentsNone

6. Consent AgendaA. Approve City Council Minutes from January 16, 2018B. Approve City Council Work Session Minutes from January 16, 2018C. Approve the Payment of Bills and Finance Report (Addendum A and Addendum A-1).D. Authorize Mayor and Staff to Execute 2018 BLAEDC Contract for Economic

Development Services in the Amount of $31,000E. Approve Taxi License for Haskins Enterprises, LLC d/b/a Brainerd Area Taxi for

licensing period July 1, 2017-June 30, 2018F. Approve the Transfer of the 3.2 Off-Sale Liquor License from Wal-Mart Stores, Inc. to

Walmart Inc. for the Remainder of the July 1, 2017 through June 30, 2018 LicensingPeriod

G. Approve Mobile Vending Permit for Log Home Wood Fired Pizza to locate at Jack PineBrewery at 15593 Edgewood Drive, subject to conditions of approval

H. Approve the Assistant City Engineer Job Description and Authorize the Advertisementof the Position

I. Adopt Resolution 2018-007 Relating to Parking Restrictions on Cypress Drive fromCollege Road to Excelsior Road, in the City of Baxter, Minnesota

MOTION by Council Member Cross, seconded by Council Member Holman to approve the Consent Agenda. Motion carried unanimously.

7. Pulled Agenda Items

8. Other Business

5

9. Council Comments Mark Cross: Council Member Cross reminded motorists to watch out for motorcycles.

10. City Administrator’s Report City Administrator Chapulis announced he will be attending the MCMA winter workshop in Rochester but will be available by phone.

11. City Attorney’s Report A. Closed Session, Minnesota Statute 13D.05, subd. 3 (c), Purchase of Property B. Closed Session, Minnesota Statute 13D.03, subd. 1 (b), Labor Negotiations

Attorney Person asked the Council to enter into a closed session under Minnesota Statute 13D.05, subd. 3 (c), to discuss the purchase of property and Minnesota Statute 13D.03, subd. 1 (b), Labor Negotiations. MOTION by Council Member Cross, seconded by Council Member Barrows to enter into a closed session at 7:04 p.m. Motion carried unanimously.

MOTION by Council Member Cross, seconded by Council Member Barrows to return to the open session at 7:20 p.m. Motion carried unanimously. Attorney Person explained the council received updates from the project engineers related to acquisitions of easements for the Excelsior Drive and Cypress Drive Improvement Projects. Three agreements related to the Excelsior Drive Improvement Project are ready to approve and are related to the Frandsen, Brenny, and Langren properties. MOTION by Council Member Council Member Cross, seconded by Council Member Holman to approve the agreements for the Frandsen, Brenny, and Langren properties. Motion carried unanimously. Attorney Person explained two agreements, with Dondelinger and Bolei, related to the Cypress Drive Improvement Project, are ready for approval. MOTION Council Member Cross, seconded by Council Member Barrows to approve the agreements for the Dondelinger and Bolei properties. Motion carries unanimously.

MOTION by Council Member Cross, seconded by Council Member Barrows to enter into a closed session at 7:21 p.m. for labor negotiations. Motion carried unanimously. MOTION by Council Member Cross, seconded by Council Member Barrows to return to an open session at 7:35 p.m. Motion carried unanimously. City Administrator explained staff and council discussed negotiation strategies regarding all three unions and council provided staff direction on how to proceed.

12. Adjourn

6

MOTION by Council Member Cross, seconded by Council Member Barrows to adjourn at 8:36 p.m. Motion carried unanimously.

Approved by: Respectfully submitted, _____________________________ Darrel Olson Kelly Steele Mayor Assistant City Administrator

7

BAXTER CITY COUNCIL MINUTES

Work Session February 7, 2018

Mayor Darrel Olson called the Work Session to order at 6:30 p.m. Council Members Present: Mayor Darrel Olson, and Council Members Quinn Nystrom, Steve Barrows, Todd Holman, and Mark Cross Council Members Absent: None Staff Present: City Administrator Bradley Chapulis, Public Works Director Trevor Walter, Community Development Director Josh Doty, and Assistant City Administrator Kelly Steele

1. 2019 Greenwood Road Improvements Project Scott Hedlund, consulting engineer with SEH, explained this is a follow up to discussion at the November 15, 2017 Cypress Drive open house regarding flooding that occurred in the fall of 2017 on private property adjacent to the Cypress Drive project limits. The study considered four alternatives to reduce flooding in the lowland area. None of the options include a traditional gravity storm sewer connection to the proposed Cypress Drive storm water management system because it is not feasible due to elevation constraints. Hydrocad modeling software was utilized in evaluating existing conditions and proposed alternatives. Soil borings completed in 2016 with the Cypress Drive project indicate the groundwater elevation is approximately 1188 +/- in the area which is the basis of the modeling. Recent survey data collected shows the structures on the problem lots were constructed at elevations of 1189.5 +/-, which is lower than structures on adjacent parcels by approximately 4-6 feet. Alternative one provides the existing lowland area to the north and west of 7980 and 8006 Greenwood Road is proposed to be re-graded into a large pond in order to maximize the available storm water storage in that area. Due to the proximity of this area to groundwater and adjacent lowest structure elevations, in order to be effective, the pond will need to be shallow and have a large footprint. This option requires the purchasing of seven parcels. An enhancement to the proposed pond would be to construct another cell on the east side of Cypress Drive and connect it with an equalizer culvert under the road. This enhancement would require purchasing property from one additional parcel. This alternative also proposes to enlarge a series of existing ditches along Greenwood Road by grading and connecting them with culverts so they function together. The main purpose of the ditches is for conveyance; however, they will provide some infiltration and storage. A proposed storm sewer overflow structure with piped outlet between 7970 and 7980 Greenwood Road would route excess runoff from the ditches to the proposed pond to the north. Also included with alternate one is the construction of a berm along the north sides of the enlarged ditches on the north side of Greenwood Road. Alternative one would require significate property acquisition, clearing and grubbing of the 100-foot-wide buffer area between the residential and commercial properties, wetland mitigation permitting, and private utility relocation/lowering along Greenwood Road.

8

Alternative two would include a portable pump to pump down the existing low area north of and newly constructed private pond on 7980 and 8006 Greenwood Road via force main to the proposed Cypress Drive storm water pond in the southwest quadrant of the Cypress Drive Industrial Park Road intersection. This is not envisioned to be a traditional permanent lift station. Rather permanent buried infrastructure would be constructed to accommodate connection of a portable pump. Included with alternative two is the proposed enlargement of a series of existing ditches along Greenwood Road by grading.

Alternative two would require property acquisition, clearing and grubbing, private utility relocation/lowering along Greenwood Road, and likely wetland mitigation permitting. Alternative three has two options. Option A would include pouring a concrete retaining wall north of the primary living structures and raising the remainder of the site including garage foundations by four feet. This would be the same elevation as the windows at the front of the buildings. This would require four feet of fill outside of the retaining wall, the addition of steps inside the retaining wall area to the existing doorway, and a sump pump with drain tile. Option B would include raising the entire primary living structure buildings four feet and pouring a new eight-foot-tall concrete foundation wall, in addition to raising the garage foundations four feet. This would require filling around the buildings and raised garages approximately four feet to provide frost protection of the new elevating footings. Demolition and replacement of the interior of the lower living units is also included. Alternative four is for the city to purchase and raise 7980 and 8006 Greenwood Road. This site would be converted back to green space. The lower portions of the lot would supplement storm water storage in the existing low area north of the properties. To defray the costs of this alternative both in the short and long term, it is possible that the City could eventually sell the lots for redevelopment. Any new development would need a property site plan including a storm water plan. Mr. Hedlund summarized the costs for the alternatives to be between $170,164 to $541,825. Funding options could include private property owners bearing 100% of the costs, a combination of the city and property owners sharing the costs, or the city bearing 100% of the costs. If a project were city-lead, levying special assessments to properties within the drainage area boundary may also be an option. Mr. Hedlund recommended the study be reviewed with the property owners of 7980 and 8006 Greenwood Road for their input on the next steps. This project could be constructed independently of the 2018 Cypress Drive project with the exception of the pond expansion to the east side of Cypress Drive. With this enhancement the culvert pipe under Cypress Drive would need to be installed with the 2018 Cypress Drive project to avoid disturbing a new road in the future.

Council Member Nystrom expressed concern that the four-unit building could receive three assessments in the future.

9

The Council directed Mr. Hedlund to discuss the options with the property owners, including the owners of the four-unit building, and bring their opinion back to a future council work session.

ADJOURN: MOTION by Council Member Barrows, seconded by Council Member Nystrom to adjourn the council work session at 6:55 p.m. Motion carried unanimously.

Approved by: Respectfully submitted,

_____________________________ Darrel Olson Kelly Steele Mayor Assistant City Administrator

10

Accounts PayableBlanket Voucher Approval Document

User: Nena.Newman

Printed: 02/16/2018 - 12:50PM

Warrant Request Da 02/20/2018

DAC Fund:

Line Claimant Voucher No. Amount

1 Ace Hardware 000217868 374.232 Advanced Auto Repair of Brainerd 000217870 72.103 AFSCME Council 65 000217871 962.024 American Steel Supply Inc 000217872 238.705 APi Supply Lifts 000217873 400.006 Aspen Mills 000217874 1,194.067 Auto Value West Store 17 000217875 127.998 AW Research Labs Inc 000217876 226.809 Barrows, Steve 000217877 146.9710 Berntsen International Inc 000217878 720.6611 Brainerd Public Utilities 000217880 49,424.3512 Forum Communications/Brainerd Dispatch 000217897 104.7813 Brainerd License Office 000217879 449.2514 Breen & Person LTD 000217881 5,773.3815 Cargill Inc 000217882 4,478.5316 CDW Government Inc 000217883 921.7117 Colonial Life 000217886 1,296.9618 Consolidated Telephone Co - CTC 000217887 665.0319 CenterPoint Energy 000217884 624.6620 CWC Attorney's Office-Forfeiture Fund 000217888 609.4521 CWC Chiefs of Police Assoc 000217889 75.0022 CWC Recorder 000217890 194.0023 Central Water Testing Laboratory 000217885 44.0024 Dechantal Excavating LLC 000217891 4,808.0025 Reinalt-Thomas Corp 000217926 200.0026 Eagle Construction Co Inc 000217893 86,255.2527 Emergency Automotive Technologies Inc 000217894 4,561.7228 Fastenal Company 000217895 20.7629 Federal Withholding 000000000 40,256.1830 Ferguson Enterprises Inc #2516 000217896 3,117.9831 Francotyp-Postalia Inc 000217898 168.0032 Galls Incorporated 000217899 136.8333 Grainger 000217900 1,545.8134 Grand Oaks Townhomes of Baxter LP 000217902 7,244.5035 Grand Oaks Court Townhomes of Baxter LP 000217901 8,056.0736 Heartland Animal Rescue Team 000217904 826.3337 Harris, Matthew R 000217903 33.0538 Holden Electric Company Inc 000217907 3,838.0039 Hoff Barry PA 000217906 14,990.4640 Holiday Fleet Companies 000217908 675.1641 Hollco Inc 000217909 46.1742 Heartland Tire Service Inc 000217905 1,291.2843 ICMA Retirement Corporation 000217910 400.00

Page Total: 247,596.18

Addendum A

11

44 L-3 Com Mobile-Vision Inc 000217911 933.0045 Law Enforcement Labor Services 000217912 588.0046 League of MN Cities Insurance Trust 000217913 80,329.0047 Little Falls Machine Inc 000217914 1,575.2148 Lively Annex Real Estate Holdings LLC 000217915 5,000.0049 MacQueen Equipment Inc 000217916 1,079.3050 Mid-American Research Chemical Corp 000217917 498.6951 Milbank Winwater Works Inc 000217918 1,840.6752 MN Deferred Comp 000000000 12,705.0853 MN DH Drinking Water Prot Sect 000217919 64.0054 MN State Treasurer's Office Gen Acct 000217920 304.8555 MN Withholding 000000000 8,710.5556 Northern Business Products Inc 000217923 248.7157 NAPA Auto Parts - Baxter 000217921 326.3058 PERA Retirement 000000000 40,728.3559 NCPERS Minnesota-330601 000217922 192.0060 Print Shop ink 000217924 58.0061 Progressive Consulting Engineers Inc 000217925 4,200.0062 Activar Plastic Products Group 000217869 258.7463 Sherwin Williams Co 000217927 741.7764 Sprucewood Townhomes of Baxter LP 000217928 12,229.6165 Steele, Kelly 000217929 127.5366 Sun Life Financial 000217930 1,337.8867 Thein Well 000217931 465.0068 Toshiba Business Solutions 000217932 15.5769 Toxalert International Inc 000217933 780.0070 Delmic Enterprise LLC 000217892 5,909.0071 UPS 000217934 35.8972 Vacinek, Jeremy 000217935 163.1673 Verizon Wireless 000217936 542.2174 West Brainerd Autoservice 000217938 215.0075 Waste Management 000217937 375.2376 Xcel Energy 000217939 2,579.9477 Ziegler Inc 000217940 359.6878 Bremer Credit Card 000000000 4,908.75

Page Total: $190,426.67

Grand Total: $438,022.85

12

Addendum A-1

13

CITY OF BAXTER MINNESOTA RESOLUTION 2018-008

RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING HEARING ON

IMPROVEMENT FOR THE 2018 MILL AND OVERLAY AND FULL DEPTH RECLAMATION IMPROVEMENT PROJECT

WHEREAS, pursuant to a resolution the council adopted December 5, 2017 a report has been prepared by WSB & Associates (WSB) with reference to Improvement No. 4418, the improvement of the following project areas: Mill and Overlay Circle Pine Road from Memorywood Drive to Cedar Scenic Road Emily Road Emily Circle Kelly Drive Kelly Circle Wedgewood Drive (east of Parkwood Drive) Full Depth Reclamation College Road from TH 371 to 280-feet west of Cypress Drive Parkwood Drive from CSAH 48 to 50-feet north of Mountain Ash Drive Parkwood Circle Flintwood Drive Reconstruction Cedar Scenic Road from City Limits to 1,000-feet east Baxter Drive north of TH 210 and this report was received by the council on February 20, 2018; and WHEREAS, the report provides information regarding whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF BAXTER, MINNESOTA: 1. The council will consider the improvement of such streets in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $2,558,953.67. 2. A public hearing shall be held on such proposed improvement on March 15, 2018 in the council chambers of the city hall at 6:00 p.m. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Whereupon, said Resolution is hereby declared adopted on this 20th day of February, 2018.

14

________________________________ Darrel Olson, Mayor

ATTEST:

____________________________________ City Seal

Kelly Steele, Assistant City Administrator/Clerk

15


RESOLUTION ORDERING PREPARATION OF REPORT ON 2019 SOUTH

INTERCEPTOR AND NORTH FORESTVIEW AREA IMPROVEMENT PROJECT WHEREAS, it is proposed to improve and to assess benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF BAXTER, MINNESOTA: That the proposed improvement, called Improvement No.4102, 2019 South Interceptor and North Forestview Area Improvement Project be referred to Widseth Smith Nolting (“WSN”) for study and WSN is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. Whereupon, said Resolution is hereby declared adopted on this 20th day of February, 2018.


ATTEST: ____________________________________ City Seal Kelly Steele, Assistant City Administrator/Clerk

16


RESOLUTION RECEIVING FEASIBILITY REPORT FOR THE 2019 SOUTH

INTERCEPTOR AND NORTH FORESTVIEW AREA IMPROVEMENT PROJECT WHEREAS, pursuant to a resolution the council adopted February 20, 2018 a report has been prepared by Widseth Smith Nolting (WSN) with reference to Improvement No. 4102, the improvement of sanitary sewer forcemain and collection piping, water distribution piping, roadway, and trail and this report was received by the council on February 20, 2018; and WHEREAS, the report provides information regarding whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF BAXTER, MINNESOTA: 1. The council will consider the improvement of such streets in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $8,819,100. Whereupon, said Resolution is hereby declared adopted on this 20th day of February, 2018.


ATTEST: ____________________________________ City Seal Kelly Steele, Assistant City Administrator/Clerk

17

REQUEST FOR COUNCIL ACTION February 20, 2018

Department Origination: Administration Agenda Section: Consent _____________________________________________________________________________ Agenda Item: Approve Permit for Retail Sales of Fireworks for Mills Fleet Farm, located at 14114 Dellwood Drive, for the Period of February 21, 2018 through February 20, 2019 Approval Required: Simple Majority of Vote of the Council BACKGROUND Phantom Fireworks Store Sales, LLC has submitted an application and certificate of insurance, on behalf of Mills Fleet Farm, for retail sales of fireworks. Staff has reviewed the application and found Mills Fleet Farm to be eligible for a license. FINANCIAL IMPLICATIONS The application fee offsets the cost of administering the issuance of the permit for retail sales of fireworks. STAFF RECOMMENDATIONS Staff recommends Council approve the issuance of a permit for retail sales of fireworks by Phantom Fireworks Store Sales at Mills Fleet Farm.

COUNCIL ACTION REQUESTED Motion to approve permit for retail sales of fireworks by Phantom Fireworks Store Sales at Mills Fleet Farm for the Period February 21, 2018 through February 20, 2019.

18


Department Origination: Administration Agenda Section: Consent _____________________________________________________________________________ Agenda Item: Approve Permit for Retail Sales of Fireworks for Menards, located at 15236 Dellwood Drive, for the Period of February 21, 2018 through February 20, 2019 Approval Required: Simple Majority of Vote of the Council BACKGROUND Phantom Fireworks Store Sales, LLC has submitted an application and certificate of insurance, on behalf of Menards, for retail sales of fireworks. Staff has reviewed the application and found Menards to be eligible for a license. FINANCIAL IMPLICATIONS The application fee offsets the cost of administering the issuance of the permit for retail sales of fireworks. STAFF RECOMMENDATIONS Staff recommends Council approve the issuance of a permit for retail sales of fireworks by Phantom Fireworks Store Sales at Menards.

COUNCIL ACTION REQUESTED Motion to approve permit for retail sales of fireworks by Phantom Fireworks Store Sales at Menards for the Period February 21, 2018 through February 20, 2019.

19


Department Approval: Administration Agenda Section: Consent ______________________________________________________________________________ Items Description: Approve Temporary Liquor License for the Brainerd American Legion

Event on March 17, 2018 at the Northland Arboretum ______________________________________________________________________________ Approval Required: Simple Majority of Vote of the Council BACKGROUND The Brainerd American Legion has applied for a temporary license for the on-sale of intoxicating liquor for their event on March 17, 2018 at the Northland Arboretum. State statutes and the Baxter City Code allow for the issuance of temporary liquor license for the on-sale of intoxicating liquor in connection with a social/fundraising event within the City. FINANCIAL IMPLICATIONS The cost of administering the issuance of the temporary liquor license is offset by the application fee. STAFF RECOMMENDATION Staff recommends the issuance of the temporary on-sale liquor license as all requirements for the license have been met. COUNCIL ACTION REQUESTED Motion to approve the issuance of a temporary on-sale liquor license to the Brainerd American Legion for their event on March 17, 2018 at the Northland Arboretum.

20

UTILITIES COMMISSION February 8, 2018

The regular meeting of the Baxter Utilities Commission was called to order at 5:30 p.m. by Chairman Rock Yliniemi. MEMBERS PRESENT: Commissioners Dave Franzen, Jack Christofferson, Chairman Rock Yliniemi and Council Liaison Mark Cross. MEMBERS ABSENT: Commissioner Doug Wolf. STAFF PRESENT: Public Works Director/City Engineer Trevor Walter and Administrative Assistant Mary Haugen. OTHERS PRESENT: WSN Consulting Engineer Aric Welch & Tim Ramerth, WSB Consulting Engineers Chuck Rickart, Chris Sonmor & Dave Schultz, SEH Consulting Engineer Scott Hedlund, and Bolton & Menk Consulting Engineer Bryan Drown. Chairman Yliniemi informed the audience that all monthly project updates would not be reviewed in detail unless there was new information available or there were questions from the audience or commission on what was submitted in the utility commission packets. APPROVAL OF MINUTES MOTION by Commissioner Christofferson, seconded by Commissioner Franzen to approve the Utilities Commission minutes of January 3, 2018. Motion carried unanimously. CAMPING WORLD STORMWATER MANAGEMENT PLAN Public Works Director/City Engineer Walter reviewed the Camping World Stormwater Management Plan and had no concerns with the water, sanitary sewer or stormwater layout. The developer is moving and relocating one fire hydrant. Storm water ponds were designed to meet the 5-year stormwater requirements for all existing impervious surfaces and 100-year stormwater requirements on all new impervious surfaces. MOTION by Commissioner Franzen, seconded by Commissioner Christofferson to recommend City Council approve the Camping World stormwater management plan for 100-year design on all new impervious surfaces and 5-year design on all existing impervious surfaces. Motion carried unanimously.

CAMPING WORLD PLANNED UNIT DEVELOPMENT Public Works Director/City Engineer Walter reviewed the Planned Unit Development for Camping World. This is in front of the commission for the second time and comments from Community Development Director Doty have been incorporated into the plans. MOTION by Commissioner Franzen, seconded by Commissioner Christofferson to advise Planning & Zoning that the Utilities Commission has no concerns with the Camping World Planned Unit Development contingent on the following:

1. Stormwater Management Plan as per city ordinance. 2. Stormwater Maintenance Agreement as per city ordinance.

64

3. Signed Developers Agreement before a building permit is issued. Motion carried unanimously. WSB PROPOSAL FOR BIOLOGICAL FILTRATION WATER TREATMENT PLANT PILOT STUDY WSB Senior Project Manager Dave Schultz gave a brief introduction of himself and his past work history. Mr. Schultz formerly worked for the MN Department of Health as a regional supervisor for 35 years and started with WSB back in September of 2017. Mr. Schultz is very familiar with the City of Baxter’s water system as he was the MN Department of Health as a Regional Supervisor overseeing the Baxter Plant since the plant was built in 2007. The MN Department of Health considers biological filtration to be an efficient and effective treatment method for treating ammonia and other contaminants in public drinking water supplies. Ammonia is known to cause nitrification, taste and other issues and may be a root cause of lead and copper corrosion. Biological filtration creates the right robust environment to grow “good bugs” to destroy unwanted contaminants, such as ammonia, iron and manganese. Goals for this pilot study includes:

• Removal of ammonia, iron and manganese below secondary standards. Saving the city money in chemical and power costs. Estimated savings in chlorine reduction of 75% alone.

• Increased plant capacity through longer filter run times and increased flow. Using existing treatment plant infrastructure with minor engineered modifications.

• Increased water quality in distribution. With consistent removal rates and lowering the DBP formation potential with lower chlorine feed rates.

• Baxter’s treatment plant is setup well to be converted to a biological plant with minimal changes.

Mr. Schultz explained that WSB will assist the City and complete the study at no cost to the City except for City staff time to run the pilot plant, lab supplies and conduct daily testing. WSB owns a skid mounted biological filtration water treatment pilot plant that will be set up and installed inside the water treatment plant by WSB staff. WSB will train City staff to operate the pilot plant for the duration of the study. Public Works Director/City Engineer Walter stated city costs will be the lab supply costs and 40 – 60 hours of staff time for the 6 – 8 week study if the study goes longer the City staff hours will increase accordingly. MOTION by Commissioner Franzen, seconded by Commissioner Christofferson to recommend City Council approve the WSB Proposal for Biological Filtration Water Treatment Plant Pilot Study and dedicate 40 – 60 staff hours and lab supplies towards the pilot study. Motion carried unanimously. 2018 NORTH WATER TOWER REHABILITATION PROJECT MONTHLY UPDATE Chairman Yliniemi inquired if there were any questions or concerns with the 2018 North Water Tower Rehabilitation Project Monthly Update Memo. There was no new information or questions from the commission or the public. 2018 LIFT STATION NO. 3 REROUTE IMPROVEMENTS PROJECT MONTHLY UPDATE Chairman Yliniemi inquired if there were any questions or concerns with the 2018 Lift Station No. 3 Reroute Improvements Project Monthly Update Memo. There was no new information or

65

questions from the commission or the public. BOLTON & MENK PROPOSAL FOR ENGINEERING SERVICES FOR THE 2018 SEALCOAT IMPROVEMENTS PROJECT Public Works Director/City Engineer Walter stated the Bolton & Menk proposal was for design and bidding of the 2018 sealcoat/chip sealing Improvements Project. Mr. Walter had no concerns and recommended approval. MOTION by Commissioner Christofferson, seconded by Commissioner Franzen to recommend City Council approve the Bolton & Menk Proposal for Engineering Services for the 2018 Sealcoat Improvements Project in the estimated amount of $24,500.00. Motion carried unanimously. 2018 CYPRESS DRIVE IMPROVEMENTS PROJECT MONTHLY UPDATE & PROJECT SCHEDULE Chairman Yliniemi inquired if there were any questions or concerns with the 2018 Cypress Drive Improvements Project Monthly Update. There was no new information or questions from the commission or the public. 2018 CYPRESS DRIVE IMPROVEMENTS PROJECT QUALITY FLOW QUOTE FOR SANITARY SEWER LIFT STATION NO. 2 SEH Consulting Engineer Hedlund reviewed the Quality Flow Systems quote for the pumps and control panel for Sanitary Sewer Lift Station No. 2 for the 2018 Cypress Drive Improvements Project. Mr. Hedlund informed the commission that this is a proprietary system that is used on all lift stations which is why only one quote is being submitted to the commission for approval. MOTION by Commissioner Christofferson, seconded by Commissioner Franzen to recommend City Council approve the Quality Flow Quote for Sanitary Sewer Lift Station No. 2 in the amount of $64,890.00 for the 2018 Cypress Drive Improvements Project. Motion carried unanimously.

2018 CYPRESS DRIVE IMPROVEMENTS PROJECT QUALITY FLOW QUOTE FOR STORM WATER LIFT STATION NO. 2 SEH Consulting Engineer Hedlund reviewed the Quality Flow Systems quote for the pumps and control panel for Storm Water Lift Station No. 2 for the 2018 Cypress Drive Improvements Project. Mr. Hedlund informed the commission that this is a proprietary system that is used on all lift stations which is why only one quote is being submitted to the commission for approval. MOTION by Commissioner Christofferson, seconded by Commissioner Franzen to recommend City Council approve the Quality Flow Quote for the Storm Water Lift Station No. 2 in the amount of $69,780.00 for the 2018 Cypress Drive Improvements Project. Motion carried unanimously. 2022 CYPRESS DRIVE CONNECTION TO WOIDA ROAD IMPROVEMENTS PROJECT FEASIBILITY REPORT MONTHLY UPDATE Chairman Yliniemi inquired if there were any questions or concerns with the 2022 Cypress Drive Connection to Woida Road Improvements Project Feasibility Report Monthly Update. There was no new information or questions from the commission or the public. 2019 GREENWOOD ROAD IMPROVEMENTS MEMORANDUM SEH Consulting Engineer Hedlund explained City Council had directed SEH to investigate options to address the existing flooding issues on Greenwood Road because Greenwood Road is scheduled for

66

2019 under the annual citywide street rehabilitation program therefore 2019 would be a good opportunity to address the water concerns.

• Alternative No. 1: Maximize available storage in the existing low area. Enlarge roadway ditches and raise north driveway approaches.

• Alternative No. 2: Pump the private pond and existing low area down after storm events. Enlarge road ditches.

• Alternative No. 3 (A and B): Foundation and lot grade modifications to 7980 and 8006 Greenwood Road.

• Alternative No. 4: City purchase and raze 7980 and 8006 Greenwood Road. There are significant cost factors to each of these options and staff has been directed by City Council to talk with the affected property owners on available options and report back to City Council. 2018 EXCELSIOR ROAD AND EDGEWOOD DRIVE COMMERCIAL IMPROVEMENTS PROJECT MONTHLY UPDATE Chairman Yliniemi inquired if there were any questions or concerns with the 2018 Excelsior Road and Edgewood Drive Improvements Project monthly update. There was no new information or questions from the commission or the public. 2018 MILL & OVERLAY AND FULL DEPTH RECLAMATION IMPROVEMENTS PROJECT MONTHLY UPDATE Chairman Yliniemi inquired if there were any questions or concerns with the 2018 Mill & Overlay and Full Depth Reclamation Improvements Project monthly update. There was no new information or questions from the commission or the public. 2018 MILL & OVERLAY AND FULL DEPTH RECLAMATION IMPROVEMENTS PROJECT FEASIBILITY REPORT WSB Consulting Engineer Sonmor reviewed the feasibility report which included council comments. The commission requested the report be tabled for further review on the bituminous cores of the Parkwood area and Flintwood Drive if there are any other options. MOTION by Commissioner Franzen, seconded by Commissioner Christofferson to table the 2018 Mill & Overlay and Full Depth Reclamation Improvements Project Feasibility Report until the March 7, 2018 meeting. Motion carried unanimously. WSB PROPOSAL FOR RIGHT-OF-WAY PLATTING OF CEDAR SCENIC ROAD FOR THE 2018 MILL & OVERLAY AND FULL DEPTH RECLAMATION IMPROVEMENTS PROJECT Public Works Director/City Engineer Walter informed the commission this proposal will clean up existing right-of-way issues on Cedar Scenic Road. MOTION by Council Liaison Cross, seconded by Commissioner Christofferson to recommend City Council approve the WSB Proposal for Right-of-Way Platting of Cedar Scenic Road in the not to exceed amount of $4,500.00 and have City Attorney Person proceed with quite title action. Motion carried unanimously. 2015 DELLWOOD DRIVE, NOVOTNY ROAD, INGLEWOOD DRIVE AND

67

INDEPENDENCE ROAD IMPROVEMENTS PROJECT MONTHLY UPDATE Chairman Yliniemi inquired if there were any questions or concerns with the 2015 Dellwood Drive, Novotny Road, Inglewood Drive and Independence Road Improvements Project Monthly Update Memo. There was no new information or questions from the commission or the public. 2016 MILL & OVERLAY, FULL DEPTH RECLAMATION AND RIGHT TURN LANE IMPROVEMENTS PROJECT MONTHLY UPDATE Chairman Yliniemi inquired if there were any questions or concerns with the 2016 Mill & Overlay, Full Depth Reclamation and Right Turn Lane Improvements Project Monthly Update Memo. There was no new information or questions from the commission or the public. 2017 MILL & OVERLAY AND FULL DEPTH RECLAMATION IMPROVEMENTS PROJECT AND 2017 EXCELSIOR ROAD RESIDENTIAL FULL DEPTH RECLAMATION IMPROVEMENTS PROJECT MONTHLY UPDATE Chairman Yliniemi inquired if there were any questions or concerns with the 2017 Mill & Overlay and Full Depth Reclamation Improvements Project Monthly Update Memo. There was no new information or questions from the commission or the public. 2017 COUNTY STATE AID HIGHWAY 48 SILENT RAILROAD CROSSING AND TRAIL IMPROVEMENTS PROJECT MONTHLY UPDATE Chairman Yliniemi inquired if there were any questions or concerns with the 2017 Crow Wing County CSAH 48 Mill & Overlay Improvements Project Monthly Update Memo. There was no new information or questions from the commission or the public. 2019 MEMORYWOOD DRIVE FULL DEPTH RECLAMATION IMPROVEMENTS PROJECT MONTHLY UPDATE Chairman Yliniemi inquired if there were any questions or concerns with the 2019 Memorywood Drive Full Depth Reclamation Improvements Project Monthly Update. There was no new information or questions from the commission or the public. 2021 INGLEWOOD DRIVE RAILWAY CROSSING & FOLEY ROAD IMPROVEMENTS PROJECT MONTHLY UPDATE Chairman Yliniemi inquired if there were any questions or concerns with the Inglewood Drive Railway Crossing and Foley Road Improvements Project. There was no new information or questions from the commission or the public. ANNUAL WATER AUDIT IMPLEMENTATION PROJECT MONTHLY UPDATE Chairman Yliniemi inquired if there were any questions or concerns with the Annual Water Audit Implementation Project Monthly Update. Mr. Walter stated the project has been finalized and will be removed from any further agendas. EAGLE DRIVE AREA IMPROVEMENTS PROJECT MONTHLY UPDATE Chairman Yliniemi inquired if there were any questions or concerns with the Eagle Drive Area Improvements Project Monthly Update. There was no new information or questions from the commission or the public.

HOLIDAY STATION STORE CONTAMINATION PROJECT MONTHLY UPDATE. Chairman Yliniemi inquired if there were any questions or concerns with the Holiday Station Store Contamination Project Monthly Update Memo. There was no new information or

68

questions from the commission or the public. SECTION 6 AREA A1 STORMWATER OUTLET DESIGN FROM CLEARWATER ROAD TO WOIDA ROAD MONTHLY PROJECT UPDATE Chairman Yliniemi inquired if there were any questions or concerns with the Section 6 Area A1 Stormwater Outlet from Clearwater Road to Woida Road Improvements Project Monthly Update Memo. There was no new information or questions from the commission or the public. SECTION 6 AREA A1 STORMWATER OUTLET DESIGN FROM CLEARWATER ROAD TO WOIDA ROAD IMPROVEMENTS APPRAISAL QUOTE WSN Consulting Engineer Welch explained the proposal is for the five areas necessary to complete the project. The total cost of the appraisals is $7,500.00 and Mr. Welch has no concerns with the appraisals and recommends approval. MOTION by Council Liaison Cross, seconded by Commissioner Franzen to recommend City Council approve the Bill Ludenia Quote to complete appraisals on five parcels at $1,500.00 per parcel ($7,500.00) for the Section 6 Area A1 Stormwater Outlet from Clearwater Road to Woida Road Improvements Project. Motion carried unanimously. SOUTHEAST BAXTER STORMWATER OUTLET FEASIBILITY REPORT MONTHLY UPDATE Chairman Yliniemi inquired if there were any questions or concerns with the Southeast Baxter Stormwater Outlet Improvements Project Monthly Update Memo. There was no new information or questions from the commission or the public. SOUTH INTERCEPTOR AND NORTH FORESTVIEW IMPROVEMENTS PROJECT MONTHLY UPDATE Chairman Yliniemi inquired if there were any questions or concerns with the 2019 South Interceptor and North Forestview Area Improvements Project Feasibility Report Monthly Update memo. There was no new information or questions from the commission or the public. SOUTH INTERCEPTOR AND NORTH FORESTVIEW IMPROVEMENTS PROJECT FEASIBILITY REPORT WSN Consulting Engineer Welch reviewed the feasibility report extending sanitary sewer, water, and bituminous roadway and trail surface improvements. The report addresses Lift Station No. 9, 12, 15, 22 and 23 flows being rerouted to a more direct discharge route to the wastewater treatment facility. The city has been preparing for this rerouting for many years and segments of dry forcemain have already been constructed. Mr. Welch reviewed project costs and construction timelines as there is a potential to extend into a second year depending on weather conditions. The City could consider breaking the project into multiple construction projects and seasons. MOTION by Council Liaison Cross, seconded by Commissioner Christofferson to recommend City Council adopt Resolution No. 2018-XX accepting the South Interceptor and North Forestview Improvements Project Feasibility Report. Motion carried unanimously.

69

WSN AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE WATER TREATMENT PLANT GENERATOR Public Works Director/City Engineer Walter reviewed the proposal for design and bidding of a backup generator at the Water Treatment Plant. The MN Department of Health recommended the City have an emergency backup generator, so the City can supply water in case of a natural disaster or other emergencies. MOTION by Commissioner Christofferson, seconded by Council Liaison Cross to recommend City Council approve the WSN Agreement for Professional Services for the Water Treatment Plant Generator in the not to exceed amount of $13,750.00. Motion carried unanimously. 2018 WATER TREATMENT PLANT FLUME REPLACEMENT PROJECT MONTHLY UPDATE Chairman Yliniemi inquired if there were any questions or concerns with the 2018 Water Treatment Plant Flume Replacement Project Monthly Update. There was no new information or questions from the commission or the public. 2018 WATER TREATMENT PLANT FLUME REPLACEMENT PROJECT CHANGE ORDER NO. 1 Public Works Director/City Engineer Walter reviewed Change Order No.1 for the Water Treatment Plant Flume Replacement Project. Mr. Walter had no concerns with the change order and recommended approval. MOTION by Council Liaison Cross, seconded by Commissioner Franzen to approve the Eagle Construction Company Change Order No. 1 in the increased amount of $13,550.00 for the 2018 Water Treatment Plant Flume Replacement Project and change the substantial completion date from March 30, 2018 to April 13, 2018 and final completion date from April 13, 2018 to April 27, 2018. Motion carried unanimously. 2017 – 2018 WATER TREATMENT PLANT FLUME REPLACEMENT PROJECT PARTIAL PAY ESTIMATE NO. 2 Public Works Director/City Engineer Walter reviewed Partial Pay Estimate No. 2 for the Water Treatment Plant Flume Replacement Project. Mr. Walter had no concerns with the pay estimate and recommended approval. MOTION by Commissioner Franzen, seconded by Commissioner Christofferson to recommend City Council approve the Eagle Construction Company, Inc. Partial Pay Estimate No. 2 in the amount of $86,255.25 for the 2018 Water Treatment Plant Flume Replacement Project. Motion carried unanimously. MPCA MS4 INFORMATION The MPCA MS4 information was submitted to the commission as information only.

WASTEWATER TREATMENT PLANT CHARGES FOR DECEMBER 2017 The wastewater treatment plant charges for December 2017 was submitted to the commission as information only. ADJOURNMENT MOTION by Council Liaison Cross, seconded by Commissioner Christofferson to adjourn the

70

meeting at 7:45 p.m. Motion carried unanimously. Approved by: Submitted by:

Rock Yliniemi Mary Haugen Chairman Administrative Assistant

71

Engineering | Arch itecture | Surveying | Environmen tal

WidsethSmithNolting.com

Brain erd/Baxter

7804 Industrial Park Road PO Box 2720

Baxter, MN 56425-2720

218.829.5117218.829.2517

[email protected]

January 26, 2018 City of Baxter Attn: Mr. Trevor Walter 13190 Memorywood Dr. P.O. Box 2626 Baxter, MN 56425 Re: Stormwater Management and Utilities for Camping World (Former

Gander Mountain Property, Baxter, MN Dear Mr. Walter, This impetus of letter is to provide the City of Baxter staff documentation regarding the proposed site improvements for the Gander Mountain property located just north of Excelsior Road along Edgewood Drive. The intent is to provide the City with sufficient information to illustrate the overall proposed development will comply with city code. A PUD amendment has been requested to provide for Camping World to develop on Lot 1, Block 1 Third Addition to Baxter Wal-mart Subdivision. Our findings have been summarized as follows: The property currently consists of large amount of existing impervious surface area along with existing wetlands, stormwater treatment area and lawn and greenspace areas. The proposed improvements will consist of a single user for the existing building that will be renovated to meet their needs. The City will require the 2 existing catch basins be rehabilitated at the intersection of Edgewood Drive and the private road access between Taco Bell and Caribou. These requirements have been incorporated into the construction plans. The wetland boundary of the westerly wetland has been revisited and Crow Wing County was on site for verification of the boundary and the wetland typing of a Type 2 wetland. Wetland impacts have been proposed of a total of 136 sq. ft., which falls under the WCA deminimus of 10,000 sq. ft. and the non-reporting requirement of 400 sq. ft. for the Corps of Engineers. This PUD was previously approved for Camping World, with the intent of utilizing Lot 2, Block 1 as a portion of the Camping World property. This has since been modified, and the intent is to leave Lot 2, Block 1 as was approved with the Third Addition to Baxter Wal-mart subdivision plat. A 100-year stormwater plan was developed with the PUD approvals for Camping World. This plan has been modified to accommodate the most recent changes as outlined herein. A portion of the property is connected to City maintained stormwater drainage system and a portion of the property was replatted as part of the Third Addition to Baxter Wal-mart Subdivision. Stormwater management requires the proposed redevelopment to retain runoff from the 100-year 24-hour storm event on site for the areas replatted as the Third Addition and the new impervious surfaces and the remainder of the property shall be designed to retain runoff from the 5-year 24-hour storm event. As the property currently exists, the majority of the bituminous pavement on the east side of the current Gander

72

Mountain building drain to the city stormwater system without water quality treatment. As a water quality trade off, a dry detention pond was created on the west side of the existing store to deal with the runoff for the 100-year event for the two lots that were created. The remainder of the site drains to a wet retention pond that was created as part of the original Walmart construction. The soils in the vicinity of proposed improvements have been mapped as Barber-Urban Land Complex and Lougee-Barber-Guida complex, which exhibit characteristics of hydrologic group “A” soils. The proposed plat is approximately 20.4 acres in size and the new impervious coverage that will be created as part of this project is approximately 90,869 square feet. The site was analyzed from a composite standpoint, as stormwater management improvements were made at various strategic locations to provide adequate stormwater treatment. The existing wet retention pond will be increased on the south side of the building, which will provide additional water quality treatment to the drainage area that is contributing to this system. An infiltration basin will be constructed on the north end of the property and will provide water quality treatment for the site in excess of the 1” of runoff from the new impervious surfaces. This infiltration basin will be connected to the dry detention basin that will be enlarged as part of this project. The runoff storage volume needed for the overall development is 167,417 cubic feet. The runoff volume that has been provided is 173,849 cubic feet. Atlas 14 rainfall frequency data was utilized for determining the 100-year and 5-year 24-hour runoff volumes that would be needed We are available for presenting this information at the next available utility and planning commission meetings. Please don’t hesitate to call with any questions or concerns regarding this letter or any information included herein. Sincerely, WIDSETH SMITH NOLTING Timothy T. Ramerth, PE Encl. cc: Jay Moore, Oppidan Charlie Vaugh, Retail Partners, LLC Mark Banks, Retail Partners, LLC

73

Tim.Ramerth

Tim Ramerth Signature blk-wht

1/25/2018Site Summary:

Pervious ImperviousSquare Feet Acres

Third Addition to Wal-Mart SubdivisionLot 2, Block 1 18,497 78,456 96,953.0 2.2 Lot 3, Block 1 9,013 70,662 79,675.0 1.8

Total Site Area 27,510 149,118 176,628.0 4.1

Fourth Addition to Wal-Mart SubdivisionLot 1, Block 1 315,675 439,480 755,155.00 17.34

New Impervious Surface Coverage 90,869

Site Soils: Lougee-Barber-Guida/Barber-Urban Soil Type: "A"100-Year 24-Hour Rainfall inches 6.275-Year 24-Hour Rainfall inches 3.29

Water Quality - Infiltration inches 1

Drainage Area Comparisons:

100 Year RunoffCover Type CN Area (ft2) Area (ac) Resultant

Open Space (Lawns, Parks, etc.) 39 27,510 0.63 24.63Impervious 98 239,987 5.51 539.92

Total 267,497 6.14 564.55

Weighted CN: 91.93S: 0.88Q: 5.33 Inches

Design Volume: 118,755 Cubic Feet 2.7 Acre-Feet

5 Year RunoffCover Type CN Area (ft2) Area (ac) Resultant

Open Space (Lawns, Parks, etc.) 39 315,675 7.25 282.63Impervious 98 348,611 8.00 784.29

Total 664,286 15.25 1066.92

Weighted CN: 69.96S: 4.29Q: 0.88 Inches

Design Volume: 48,662 Cubic Feet 1.1 Acre-Feet

Totals 167,417

Lots 2 & 3 (100 Yr), New Imperv (100 Yr), Remainder (5 Yr)

Stormwater Runoff Analysis5-Year/100-Year Frequency Analysis Comparisons

Camping World, Baxter, MN

Atlas 14 Rainfall Frequency

Square FeetTotals

74

CONTOUR ELEVATION

(FT)

CONTOUR AREA(FT²)

INCREMENTAL STORAGE

(FT²)

TOTAL STORAGE

(FT³)1197.00 11,9281198.00 16,920 14,424 14,4241199.00 22,012 19,466 33,890

STORAGE AT 1198.20 18317.2

CONTOUR ELEVATION

(FT)

CONTOUR AREA(FT²)

INCREMENTAL STORAGE

(FT²)

TOTAL STORAGE

(FT³)1193.00 31,9851194.00 37,474 34,730 34,7301195.00 43,119 40,297 75,0261196.00 48,921 46,020 121,046

STORAGE AT 1195.50 98036

CONTOUR ELEVATION

(FT)

CONTOUR AREA(FT²)

INCREMENTAL STORAGE

(FT²)

TOTAL STORAGE

(FT³)1192.60 13,2341193.00 14,210 5,489 5,4891194.00 16,238 15,224 20,7131195.00 18,366 17,302 38,0151196.00 20,595 19,481 57,495

TOTAL STORAGE PROVIDED 173,849

PROPOSED INFILTRATION BASIN

EXPAND DRY DETENTION BASIN

EXPAND EX. WET DETENTION POND

75

178 East 9th Street, Suite 200 | St. Paul, MN 55101 | (651) 286-8450

Building a legacy – your legacy.

Equal Opportunity Employer | wsbeng.com

January 29, 2018 Trevor Walter, P.E., Public Works Director/City Engineer City of Baxter 13190 Memorywood Drive Baxter, MN 56425 RE: Proposal for Biological Filtration Water Treatment Pilot Study Dear Mr. Walter, WSB & Associates, Inc. (WSB) is pleased to submit this proposal to provide professional engineering services for completing a Biological Filtration Water Treatment Pilot Study for the City of Baxter. We understand that the City is exploring options to address water quality concerns primarily caused by elevated levels of natural ammonia in its water supply source. The Minnesota Department of Health considers biological filtration to be an efficient and effective treatment method for treating ammonia and other contaminants in public drinking water supplies. Ammonia is known to cause nitrification and taste and order issues, and it may be a root cause of lead and copper corrosion. Ammonia can also consume large amounts of chlorine for treatment when breakpoint chlorination is done by the water utility. A biological filtration pilot study could be completed to determine if the natural ammonia in the City’s water supply source could be treated with a combination of biological and conventional filtration in a full-scale application. The purpose of the pilot study is to provide the City with information for deciding to pursue additional study for potential improvements to its water treatment plant. WSB will perform the following scope of services to assist the City in completing a biological filtration water treatment pilot study. WSB owns a skid-mounted biological filtration water treatment pilot plant that will be mobilized and installed inside the City’s water treatment plant by WSB staff. The equipment will be set-up and calibrated by WSB staff. WSB staff will also train City staff to operate the pilot plant for the duration of the study. In addition to treating ammonia, the pilot plant will also be used to treat iron and manganese in the water without the use of chlorine. Pilot Testing Processes WSB will prepare a pilot protocol and submit it to the Minnesota Department of Health for their review and approval. The pilot study will be conducted to assess the efficiency and reliability of the treatment processes tested and to select the process determined best suited for the treatment of the water supply. Pilot Duration The estimated time frame for the study is 8 to 16 weeks depending on the amount of time it requires the filters to become fully acclimated for biological treatment of ammonia, iron, and manganese.

76

Trevor Walter January 29, 2018 Page 2 Equipment WSB will set-up and loan the following skid-mounted pilot equipment to the City: Biological contact aerator column with gravel and air diffuser Biological filter column with silica sand covered by anthracite media Manganese filter column with greensand covered by anthracite One air compressor for supplying air to the contact aerator column An orthophosphate feed system if needed to provide a nutrient for the biological process A sodium permanganate feed system for oxidizing manganese prior to the greensand filter Miscellaneous components including a skid support, booster pump, valves, piping, tubing,

sample taps, and appurtenances as necessary for operation of the pilot equipment. The City will order and purchase orthophosphate and sodium permanganate from its local chemical supplier and provide the necessary storage and containment for these chemicals. Manpower and Field Testing Prior to the start-up of the testing period, WSB staff will be on site for one to two days to set-up and start-up the equipment and train City staff to operate and monitor the pilot plant for the duration of the pilot study. WSB staff will be available to answer questions and assist City staff as needed by phone. City staff will operate and monitor the pilot equipment and conduct all water sampling and field testing as needed for the duration of the pilot study. WSB will visit the plant every two to four weeks to observe and monitor the pilot study equipment. Daily on-site monitoring will be provided by City staff to read and record the pilot plant flow rate (gpm) and air flow rate (SCFM). City staff will also need to monitor the operation of the chemical feed systems daily. We estimate that these tasks will require approximately 20 to 30 minutes per day by City staff. Weekly on-site field sampling and analysis will be provided by City staff for the following water quality parameters. We estimate that the following on-site analysis will require approximately 1.5 to 2 hours per week by City staff. The City will provide all water quality analysis equipment and reagents that are required to test each of these parameters.

Sampling Point Weekly Field Sampling and On-Site Analysis Required

Raw water at pilot plant entry point Iron, manganese, ammonia, nitrite, nitrate, temperature, pH and flow rate (gpm)

Biological contactor aerator column effluent Iron, manganese, ammonia, nitrate, nitrite, dissolved oxygen, and air flow rate (SCFM)

Biological filter column effluent Iron, manganese, ammonia, nitrate, nitrite, dissolved oxygen, air flow rate (SCFM), and pH

Manganese filter column effluent Iron, manganese, ammonia, nitrate, nitrite, dissolved oxygen, and air flow rate (SCFM)

Sampling and analysis by an independent laboratory will be coordinated and provided by the City at bi-monthly (every-other week) intervals for the following water quality parameters. We estimate that the following sampling will require approximately 1 hour every-other week by City staff. The City will pay for the shipping costs for the water sample bottles and all water quality analysis to be provided by the independent laboratory.

77

Trevor Walter January 29, 2018 Page 3

Sampling Point Bi-Monthly Sampling and Independent Laboratory

Analysis Required Raw water at pilot plant entry point Ammonia, total phosphorus, and total organic

carbon (TOC can be tested monthly) Biological contactor aerator column effluent Ammonia, total phosphorus, and heterotrophic plate

countBiological filter column effluent Ammonia, total phosphorus, and heterotrophic plate

countManganese filter column effluent Ammonia, total phosphorus, heterotrophic plate

count, iron, and manganese The biological filter and manganese filter columns will need to be backwashed once every 4 to 7 days by City staff. We estimate that this task will require about 20 to 30 minutes every 4 to 7 days. Equipment Take-Down and Removal Upon completion of the pilot study, WSB staff will disassemble and remove the pilot study equipment from the City’s water treatment plant and return the equipment to WSB. Pilot Report Upon completion of the pilot study and receipt of City’s on-site water quality analysis data and the independent laboratory’s water quality reports, WSB will provide a comprehensive pilot study report with a summary of the test results and recommendations. The report will be prepared by a WSB water process engineer. Additional Notes:

1. A ¾-inch hose bib connection and hose will need to be installed in the plant influent water line by City staff to supply water for the pilot plant. A hose will also be required between the pilot plant discharge connection and the nearest floor drain.

2. 115V power will be required for the pilot plant 3. WSB is not responsible for the handling and disposal of the chemicals, wastes, or water

produced or used during the pilot study. It is anticipated that the wastes and water produced by the pilot plant can be discharged to the City’s sanitary sewer system with no additional treatment.

Terms WSB will assist the City and complete the proposed services at no cost to the City. We appreciate this opportunity to be of service to the City of Baxter. Please do not hesitate to contact us if you have any questions or if you need additional information. Sincerely, Respectfully Submitted, WSB & Associates, Inc.

Greg F. Johnson, P.E. David Schultz, P.E. Water/Wastewater Group Manager Senior Project Manager

78

January 31, 2018 Mr. Trevor Walter, Public Works Director/City Engineer City of Baxter 13190 Memorywood Drive PO Box 2626 Baxter, MN 56425 RE: Proposal for Engineering Services 2018 Sealcoat Project City of Baxter Dear Mr. Walter, As requested, we have prepared the following scope of services, budget, and tentative schedule for the proposed 2018 Sealcoat Project. Based on the streets identified for 2018 sealcoating in the City Pavement Management Plan (see attached list) this project consists of sealcoating 56 street segments totaling about 7.6 miles in length and approximately 157,000 square yards in area. Trail segments have not been identified at this time but typically the City has sealcoated around 9,000 feet of trails totaling 10,000 square yards in area. This work includes fog sealing and pavement markings as appropriate. As the city anticipates hiring an Assistant City Engineer in 2018 we understand City staff will handle on-site construction observation and you are requesting construction services from Bolton & Menk related to contract administration and as needed on-site inspection to support City staff on a daily basis. Scope of Services: Based on our past experience with the City, we propose the following services:

1. Project Scope Planning: a. verify specification changes desired in 2018 b. verify Public Works Facility work and estimated quantities c. obtain listing and dimensions of trails to be sealcoated in 2018 d. obtain pavement marking cut sheets from the City for streets to be sealcoated

2. Design Phase: a. update sealcoat map to include trails b. verify street widths and turn lane / cul-de-sac areas c. calculate estimated quantities and costs d. prepare project manual for bid phase e. obtain project approval and bid authorization

3. Bid Phase: a. advertisement of project b. respond to bidder questions or concerns c. participate in bid opening d. evaluate bids and recommend award of contract

4. Construction Observation Services: a. conduct a pre-construction conference b. preparation of property owner notifications for City and contractor use

79

Name: Proposal for Engineering Services - 2018 Sealcoat Project Date: January 31, 2018 Page: 2

c. partial construction inspection d. documentation of contract quantities e. conduct a final walk through inspection f. preparation of punch list items

5. Contract Administration a. preparation of City Council and Utility Commission Reports b. attendance at City Council and Utility Commission Meetings c. preparation of change orders d. preparation of partial and final contract quantities and payments e. recommendations on project closeout activities and contract compliance issues, if any

Budget: Based on the attached list of streets proposed for 2018 sealcoating we estimate street costs will be approximately $315,000, along with $30,000 in Public Works Facility sealcoating, and $15,000 in trail sealcoating costs, we estimate the 2018 total sealcoat construction costs to be approximately $360,000. Engineering Services - we propose to provide the services outlined above at the following estimated costs:

Scope Planning Phase $3,500 Hourly - not to exceed

Design Phase $7,000 Hourly - not to exceed

Bidding Phase $3,500 Hourly - not to exceed

Construction Observation $4,500 Hourly

Contract Administration $6,000 Hourly - not to exceed

Total $24,500

The costs proposed above are based on services (and actual costs) provided by us for the past several sealcoat projects completed by the City. Please note that the “Construction Observation” service is proposed as part time support of city staff and proposed to be billed hourly as contractor performance greatly affects the actual time and thus the cost required for this service. Schedule: The following schedule is proposed for this project:

Task Date Authorize Project February 2018

Retain Consultant February 2018

Scope Planning February 2018

Design March 2018

Bidding March - April 2018

Award Contract May 2018

Sealcoat Construction (15 day construction window) July 5, 2018 - August 10, 2018

Final Completion August 24, 2018

80

Name: Proposal for Engineering Services - 2018 Sealcoat Project Date: January 31, 2018 Page: 3

Thank you for the opportunity to present this proposal. Please feel free to contact me at 218-821-5242 or via e-mail at [email protected] if you have any questions or if you require additional information. Sincerely,

Bolton & Menk, Inc.

Bryan G. Drown, PE Project Engineer We hereby accept this proposal and authorize Bolton & Menk, Inc. to proceed with this work. Accepted: ________________________________ _____________________________________ Darrel Olson, Mayor Bradley Chapulis, City Administrator Date: ________________________________

81

Line Identifier Road Name Section Length (Ft) Width (Ft) Area (Sq Yds)

1 733-010 ASPEN DR RURAL 405 26 1,170

2 733-020 ASPEN DR RURAL 325 26 939

3 314-010 BIRCH DR RURAL 475 26 2,428

4 318-010 BRANDON RD URBAN 1019 23 2,605

5 326-010 CARLOS RD URBAN 337 32 1,228

6 334-100 CLEARWATER RD URBAN 1360 36 5,438

7 334-110 CLEARWATER RD RURAL 412 40 1,832





12 334-160 CLEARWATER RD URBAN 1220 36 4,880

13 336-010 CONIFER DR URBAN 257 32 912

14 336-020 CONIFER DR URBAN 271 32 962

15 345-010 DESIGN RD URBAN 1169 36 4,677

16 346-010 DOGWOOD DR URBAN 703 40 3,125

17 346-020 DOGWOOD DR URBAN 366 40 1,625

18 346-030 DOGWOOD DR URBAN 413 32 1,470

19 346-040 DOGWOOD DR URBAN 1329 32 4,724

20 354-010 ELMWOOD DR URBAN 681 33 2,499

21 752-010 FALCON DRIVE URBAN 301 40 1,338

22 366-070 FOLEY RD CURB ONE SIDE 1474 28 5,103

23 367-010 FOREST DR RURAL 1795 26 5,187

24 367-020 FOREST DR RURAL 353 26 1,020

25 367-030 FOREST DR RURAL 230 26 664

26 367-040 FOREST DR RURAL 146 26 422

27 367-050 FOREST DR RURAL 236 26 681

28 367-060 FOREST DR RURAL 296 26 856

29 370-010 FORTHUN RD URBAN 1167 32 4,150

30 370-050 FORTHUN RD URBAN 687 33 2,520

31 371-010 FOX PL RURAL 120 26 774

32 372-010 FOX RD RURAL 981 26 3,706

33 378-010 GLORY RD RURAL 574 26.5 1,690

34 378-040 GLORY RD URBAN 495 52 3,767

35 378-050 GLORY RD URBAN 1014 52 8,076

36 379-010 GOEDDERZ RD URBAN 181 32 643

37 379-020 GOEDDERZ RD URBAN 926 32 3,294

38 381-010 GRAND OAKS CT RURAL 320 25.5 2,100

39 382-010 GRAND OAKS DR RURAL 813 26 2,956

40 382-020 GRAND OAKS DR RURAL 1089 26 3,780

41 384-030 GREENWOOD RD RURAL 602 26 1,740

42 384-040 GREENWOOD RD RURAL 176 26 508

43 384-050 GREENWOOD RD RURAL 1183 26 3,416

44 385-010 HASTINGS RD URBAN 1241 40 6,319




48 387-010 HINCKLEY CT URBAN 266 33 1,779

49 348-030 HINCKLEY RD URBAN 1432 40 6,878

50 388-010 HINCKLEY RD URBAN 659 31.5 2,474

51 390-010 HOMESTEAD DR RURAL 936 26 2,705

52 390-020 HOMESTEAD DR RURAL 922 26 2,684

53 397-050 ISLE DR URBAN 327 32 1,163

54 397-060 ISLE DR URBAN 256 32 909

55 465-010 PERCH LAKE DR RURAL 477 26 1,377

56 466-010 RED PINE CIR RURAL 2371 26 6,850

Totals 40,380 157,267

STREET SEALCOAT QUANTITIES2018 Sealcoat Project

BMI Project B11.113354

82

MEMORANDUM

TO: Honorable Mayor and City Council and Utilities Commission c/o Trevor Walter, PE City of Baxter, Minnesota FROM: Scott Hedlund, PE DATE: January 31, 2018 RE: 2018 Cypress Drive Improvements Quality Flow Quotes: Lift Station #2 & Cypress Drive Storm Water Lift Station SEH No. BAXTE 138944 16.00 Attached are quotes from Quality Flow Systems, Inc. for control panels, pumps, hatches, transducers, floats, base elbows, SCADA equipment, and appurtenances for the planned rehabilitation of the existing Sanitary Sewer Lift Station #2 and proposed Cypress Drive Storm Water Lift Station in connection with the 2018 Cypress Drive Improvements project. The quote for the Lift Station #2 is $64,890. The quote for the Storm Water Lift Station is $69,780. The City has been working directly with Quality Flow for some time on their lift stations projects in order to provide consistency, efficiency and cost effectiveness with equipment, operations, and maintenance of the many lift stations the City owns and operates. The quotes have been reviewed by City staff and SEH and we recommend approval of the Quality Flow Systems, Inc. total quote for the two lift stations in the amount of $134,670.

c: Trevor Walter, Kevin Cassady – City of Baxter Bryan Remer, Tom Honer - SEH sh p:\ae\b\baxte\138944\1-genl\16-meet\utilities commission\2018\2018.02.08\m seh to city 2018 cypress drive quality flow ls quotes 013118.docx

83

QUALITY FLOW SYSTEMS, INC. ___ 800 6th Street NW Phone(952)758-9445 New Prague, MN 56071 Fax(952)758-9661 January 29, 2018 To: Mr. Bryan Remer SEH Subject: City of Baxter Cypress Drive Stormwater Station and Lift Station 2; Rev3 Dear Bryan; Please find below our equipment proposal for the stormwater station and Lift Station 2. Stormwater Pump Station: Two (2) “KSB” Model K200-316/126X, 15hp, 480/3, heavy duty submersible pumps capable of pumping 1800 gpm @ 22.1’ TDH. To include:

- 50’ of power cord - 8” base discharge elbow - Guide claw - Leakage and motor overtemp sensor - 15’ Stainless steel lifting chain - Pump safe modules for the control panel - Stainless steel lifting handle - Stainless steel upper bracket - 3” stainless steel guide pipe

One (1) Spare “KSB” Model K200-316/126X, 15hp, 480/3, heavy duty submersible pumps capable of pumping 1800 gpm @ 22.1’ TDH. To include:

- 50’ of power cord - Leakage and motor overtemp sensor - 15’ Stainless steel lifting chain - Stainless steel lifting handle

One (1) Duplex pump control panel for operation on 480 Volt, 3-Phase, 4-Wire, 60-Hz incoming service. The enclosure is 1-door; pad-mounted, NEMA 3R, 304 Stainless Steel, measuring approximately 48”H x 36”W x 12”D with 18”H leg-stand system. 3-point pad- lockable handle and steel (painted white) component chassis will be provided. The system will provide control for two (2) 15 HP KSB submersible pumps in response to wetwell level as sensed by submersible level transducer (primary) and float (back-up).

To include: Qty Description 1 CB; Main Disconnect; 480VAC; 100A; Service Entrance Rated 1 CB; Emergency Disconnect; 480VAC; 100A; Interlocked with Main 1 Generator Receptacle with angle adapter 1 Control Power Transformer; with overcurrent protection 1 Control Power Breaker; 1P; 10A 1 Convenience Receptacle; GFI; with breaker; 1P; 15A 1 Circuit Breaker; 1P; 15A; (yard light) 1 Phase Monitor 1 Surge Arrestor; 3-Phase 1 Heater; Fan-forced; Thermostatically controlled

2 Light-Pilot; P-T-T; 120VAC FV; Green Fresnel Cap (equipment running) A/R Light-Pilot; P-T-T; 120VAC FV; Red Fresnel Cap (Various pump fails, hi level) 2 Push Button; (pump reset) A/R Control Relay; 3PDT; 120VAC; w/ Indicating Light (includes socket) 1 Ground Lug; 3-Conductor 1 PLC; QCI Model 1500ct; color touchscreen (Primary) 1 Symcom Model ISS-105 float controller (Back-up) 1 Yard Light On-Off switch 2 Circuit Breaker; 3-pole; 40A (for Pumps)

84

2 Motor Starter; NEMA; with adjustable OL relay 1 Strobe Light; Red 1 Window kit over RTMs A/R Radio & Antenna Surge Arrestor A/R Terminal Block; Single; 18-10AWG 1 Submersible Transducer; 4-20mA Loop powered; 60 ft cable 2 Float Switch; Suspended; Non-mercury; 60 ft cable 100 Coaxial Cable; LMR400; unit of measure = foot; with Type-N connectors 1 Antenna; YAGI directional; 5 element; tuned to City’s frequency A/R Wiring diagrams, bills of material, equipment data sheets, etc.

One (1) “Halliday” Model S2R6648, 300lb rated aluminum access cover with oversized lock box per the cities standard. Two (2) Stainless steel J hook Two (2) Stainless steel cable rack One (1) Start-up and training. One (1) Freight to the jobsite

Total Delivered Sell Price - - $69,780.00 (Frt Allowed to Jobsite)

Lift Station 2 Control Panel: Four (4) “KSB” guide system accessories to include the following;

- (2) 4”x4” base discharge elbow for existing 15hp pumps (6” x 4” flg. eccentric reducers by others)

- (2) 3”x4” base discharge elbow for existing 5hp pumps - 21’ Stainless steel lifting chain - Guide claw - Stainless steel upper bracket - 2” stainless steel guide pipe

One (1) “Halliday” Model H1R3636, H-20 rated aluminum access cover with oversized lock box per the cities standard.

One (1) “Halliday” Model H1R3648, H-20 rated aluminum access cover with oversized lock box per the cities standard.

One (1) Quadraplex pump control panel for operation on 480 Volt, 3-Phase, 4-Wire, 60-Hz incoming service. The enclosure is 2-door; pad-mounted, NEMA 3R, 304 Stainless Steel, measuring approximately 48”H x 72”W x 12”D with 18”H leg-stand system. 3-point pad- lockable handle and steel (painted white) component chassis will be provided. The system will provide control for two (2) 15 HP and two (2) 5HP KSB submersible pumps in response to wetwell level as sensed by submersible level transducer (primary) and float (back-up).

To include: Qty Description 1 CB; Main Disconnect; 480VAC; 100A; Service Entrance Rated 1 CB; Emergency Disconnect; 480VAC; 100A; Interlocked with Main 1 Generator Receptacle with angle adapter 1 Automatic Transfer Switch; ASCO 300; 100A; 480VAC (mtd within ctrl cabinet) Additional points to be monitored from Generator & ATS:

• Generator Running • Generator Common Alarm • ATS on utility • ATS alarm

1 Control Power Transformer; with overcurrent protection 1 Control Power Breaker; 1P; 10A 1 Convenience Receptacle; GFI; with breaker; 1P; 15A 1 Circuit Breaker; 1P; 15A; (yard light) 2 Circuit Breaker; 1P; 20A; Generator crankcase heat & battery charger 1 Phase Monitor 1 Surge Arrestor; 3-Phase 1 Heater; Fan-forced; Thermostatically controlled

4 Light-Pilot; P-T-T; 120VAC FV; Green Fresnel Cap (equipment running)

85

A/R Light-Pilot; P-T-T; 120VAC FV; Red Fresnel Cap (Various pump fails, hi level) 4 Push Button; (pump reset) A/R Control Relay; 3PDT; 120VAC; w/ Indicating Light (includes socket) 1 Ground Lug; 3-Conductor 1 PLC; QCI Model 1500ct; color touchscreen (Primary) 1 Symcom Model ISS-105 float controller (Back-up) 1 Yard Light On-Off switch 2 Circuit Breaker; 3-pole; 40A (for 15HP Pumps) 2 Circuit Breaker; 3-pole; 15A (for 5HP Pumps) 4 Motor Starter; NEMA; with adjustable OL relay 1 Strobe Light; Red 1 Window kit over RTMs A/R Radio & Antenna Surge Arrestor A/R Terminal Block; Single; 18-10AWG 1 Submersible Transducer; 4-20mA Loop powered; 60 ft cable 2 Float Switch; Suspended; Non-mercury; 60 ft cable 100 Coaxial Cable; LMR400; unit of measure = foot; with Type-N connectors 1 Antenna; YAGI directional; 5 element; tuned to City’s frequency 1 Magmeter; 6-inch; with remote xmitter & display (transmitter mounted in the control panel and flow communicated via SCADA to the master) 1 6” flg. x flg. spool piece for new mag meter to fit into existing piping A/R Wiring diagrams, bills of material, equipment data sheets, etc.

Two (2) Stainless steel J hook Two (2) Stainless steel cable rack One (1) Start-up and training. One (1) Freight to the jobsite

Total Delivered Sell Price - - $64,890.00 (Frt Allowed to Jobsite)

If you have questions or require more information, please give us a call. Thank you for the opportunity. Sincerely,

Patrick Malay Patrick Malay

86


Brain erd/Baxter

7804 Industrial Park Road

PO Box 2720

Baxter, MN 56425-2720

218.829.5117

218.829.2517

[email protected]

Engin eerin g | Arch itectu re | Surveyin g | Environmen tal

J:\0102B-City of Baxter\0102B0392-Section 6 Area A1 Outlet\0102B0392.000-Section 6 Area A1 Outlet\Correspondence\Memo\Project Updates\0102B0392.000 Update 01-31-18.docx

MEMO Date: January 31, 2018 To: Baxter Utilities Commission From: Aric Welch Cc: Trevor Walter Project Name: Section 6 Area A1 Outlet Design Project No.: 0102B0392.000 Subject: Project Update Summary of Work Completed Since Last Update

1. Easement sketch and descriptions were modified to reflect the revised plans. 2. Appraisal quote was obtained.

Work Scheduled Next Month

1. Set up property owner meetings to review final design and appraisals

Appraisal Services Attached is a quote from Bill Ludenia Appraisals, Inc. to provide appraisals of the easement areas necessary to facility the project. The quote to appraise the easement area is $1,500 per parcel. There is a total of five easement areas and the total cost for appraisals is $7,500 (see attached drawing). We recommend the City review the quote and if satisfactory, authorize the appraisal service.

88

89

Aric.Welch

Snapshot

© 2018 WIDSETH SMITH NOLTINGJ:\0102B-City of Baxter\0102B0392-Section 6 Area A1 Outlet\0102B0392.000-Section 6 Area A1 Outlet\CADD\Civil\Property\Appraisal Exhibits.dwg Plotted by:Aric Welch 1/19/2018 11:23:34 AM

WIDSETH SMITH NOLTINGEngineering | Architecture | Surveying | Environmental

SHEET NO.

OFSHEET

BY

DRAWN BY:

SCALE:

DATE:

CHECKED BY:

REV#DATE REVISIONS DESCRIPTION

JOB NUMBER:

REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED

UNDER THE LAWS OF THE STATE OF

I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR

LIC. NO.DATE:

SECTION 6 AREA A1 OUTLETCITY OF BAXTERBAXTER, MINNESOTA

EASEMENT EXHIBIT

JAN 2018

AS SHOWN

A.L.W.

A.L.W.

0102B0392.000

PROFESSIONAL ENGINEERMINNESOTA

ARIC WELCH 41983

ING

LEW

OO

D D

RIV

E

CLEARWATER ROAD

AFTON ROAD

HO

LLY

DR

IVE

HEM

LOC

K D

RIV

E

CITY OF BAXTER010062204CC0009

PIEHL010062204CA0009

CHRISTENSEN033380010010009

WALDEMARSEN010062204CB0009

FRANZEN010062305A00009

MAENDEL010062305D00009

FRANZEN010062305B00009

228 SF UTILITY ANDDRRAINAGE EASEMNET

572 SF UTILITY ANDDRRAINAGE EASEMNET

2,823 SF UTILITY ANDDRRAINAGE EASEMNET



90

January 31, 2018 Mayor and City Council City of Baxter P.O. Box 2626 Baxter, MN 56425 RE: Agreement for Professional Engineering Services Water Treatment Plant Generator Baxter, MN Dear Mayor and City Council: In response to staff request, we are pleased to submit a proposal to assist the City with the installation of a backup electric generator at the Water Treatment Plant. The backup generator will provide redundancy in the system and keep the plant and maintenance facility running during times when electric service is disrupted. In June of 2016, we worked with Randy Praught of Holden Electric and representatives of Ziegler Power Systems (Caterpiller) and Pioneer Critical Power, Inc. (Generac) to develop cost estimates for electrical generator options (see attached memo). It is our understanding the City has selected Option C – 500 kW Diesel Generator without a walk-in enclosure. The estimated 752 amp output of a 500kW electrical generator will meet the estimated current demand of 500 amps but will not meet the estimated future demand of 760 amps. To meet future demands, it will be necessary to utilize a Modular Power System (MPS) which will allow the City to install another generator in parallel. Our proposed scope of services is as follows: Design Services WSN will prepare design drawings and contract documents suitable for competitive bidding that meet City requirements. Items included in our proposed scope of services are as follows:

• Preliminary design meeting • Site visit to confirm existing conditions • Electrical design of the new generator system • Preparation of project plans, including the following:

o Title sheet o Site Plan o Power Plans

• WSN quality control review and plan modifications • City review submittals • Final plan preparation • Preparation of contract documents and specifications • Preparation of Engineer’s Estimate of Probable Construction Cost • Project design status reports • Final plan review with City staff, Utilities Commission and City Council

91

Water Treatment Plant Generator January 31, 2018 Page 2

N:\Marketing Dept\Proposals\00 Baxter Proposals\Baxter - 2018 Water Treatment Plant Generator.doc

Advertising/Bidding/Award Services WSN will assist the City in advertising, bidding and awarding the project. Items included in our proposed scope of services are as follows:

• Assist City with advertising construction documents for public bidding. Advertisement fees are not included in this proposal and we assume the City will be responsible for and coordinate payment of fees with each advertisement service provider.

• Reproduction and distribution of contract documents to prospective bidders • Reply to bidder questions and inquiries • Prepare and distribute necessary addenda • Attend and assist with bid opening procedures • Prepare a tabulation of bids received • Review apparent low bid for compliance with contract documents • Make recommendation to the City for award of the contract

WSN proposes to perform the services described above on an hourly basis, in accordance with the attached fee schedule, for the Not To Exceed amount of $13,750. We propose to have the design completed within 60 days following receipt of the notice to proceed. If you agree with our proposed scope of services, please sign and return one copy of this letter to us as our authorization to proceed. Please note, we have assumed 3 hours of startup assistance. Additional construction related services such as site visits during or post construction are not included in this proposal. If requested, we can supply those services under a separate agreement based on estimated hours after the project is bid and the contactor is known or these additional services can be billed on an hourly basis in accordance with the attached fee schedule. We realize this is an important project to the City and for that reason, we welcome the opportunity to sit down with you and your staff to go over this proposal and review the approach and work tasks we have listed. If necessary, we will revise the proposal to better conform to the needs of the City for this project. We thank you for giving us the opportunity to submit this proposal and look forward to working with City staff to make this proposed project a reality. Sincerely, Aric Welch, P.E. Proposed by Widseth Smith Nolting Aric Welch, Vice President

92

Water Treatment Plant Generator January 31, 2018 Page 3

N:\Marketing Dept\Proposals\00 Baxter Proposals\Baxter - 2018 Water Treatment Plant Generator.doc

Approved as to form and content by the Baxter City Attorney

J. Brad Person Date Accepted by the City of Baxter: The above proposal and previously submitted General Provisions of Professional Services Agreement are satisfactory and WSN is authorized to do the work as specified. Payment will be made monthly in accordance with the terms on the fee schedule.

Date Date

93

WIDSETH SMITH NOLTING

2018 FEE SCHEDULE

CLASSIFICATION HOURLY RATE

Engineer/Architect/Surveyor/Scientist/Wetland Specialist/Geographer

Level I

Level II

Level III

Level IV

Level V

$100.00

$120.00

$145.00

$155.00

$175.00

Technician

Level I

Level II

Level III

Level IV

Level V

$ 65.00

$ 85.00

$100.00

$115.00

$127.00

Computer Systems Specialist

Senior Funding Specialist

Marketing Specialist

Funding Specialist

Administrative Assistant

$125.00

$115.00

$100.00

$ 85.00

$ 60.00

OTHER EXPENSES RATE Mileage (Federal Standard Rate) subject to IRS Guidelines

Meals/Lodging

Stakes & Expendable Materials

Waste Water Sampler

ISCO Flow Recorder

Photoionization Detection Meter

Explosimeter

Product Recovery Equipment

Survey-Grade GPS (Global Positioning System)

Mapping GPS (Global Positioning System)

Soil Drilling Rig

Groundwater Sampling Equipment

Subcontractors

Cost

Cost

$40.00/Day

$60.00/Day

$80.00/Day

$50.00/Day

$35.00/Day

$75.00/Hour

$150.00/Day

$35.00/Hour

$75.00/Day

Cost Plus 10%

Reproduction Costs RATE Black & White Copies: 8 ½ x 11

Black & White Copies: 11 x 17

Black & White Copies: 24 x 36

Color Copies: 8 ½ x 11

Color Copies: 11 x 17

Color Copies: 24 x 36

Color Plots: 42 x 48

$0.10

$0.50

$3.00

$2.00

$4.00

$12.00

$22.00

These rates are effective for only the year indicated and are subject to yearly adjustments which reflect equitable changes in the various components.

94

General Provisions of Professional Services Agreement These General Provisions are intended to be used in conjunction with a letter-type Agreement or a Request for Services between Widseth Smith Nolting, a Minnesota Corporation, hereinafter referred to as WSN, and a CLIENT, wherein the CLIENT engages WSN to provide certain Architectural, and/or Engineering services on a Project. As used herein, the term “this Agreement” refers to (1) the WSN Proposal Letter which becomes the Letter Agreement upon its acceptance by the Client, (2) these General Provisions and (3) any attached Exhibits, as if they were part of one and the same document. With respect to the order of precedence, any attached Exhibits shall govern over these General Provisions, and the Letter Agreement shall govern over any attached Exhibits and these General Provisions. These documents supersede all prior communications and constitute the entire Agreement between the parties. Amendments to this Agreement must be in writing and signed by both CLIENT and WSN. ARTICLE 1. PERIOD OF SERVICE The term of this Agreement for the performance of services hereunder shall be as set forth in the Letter Agreement. In this regard, any lump sum or estimated maximum payment amounts set forth in the Letter Agreement have been established in anticipation of an orderly and continuous progress of the Project in accordance with the schedule set forth in the Letter Agreement or any Exhibits attached thereto. WSN shall be entitled to an equitable adjustment to its fee should there be an interruption of services, or amendment to the schedule. ARTICLE 2. SCOPE OF SERVICES The scope of services covered by this Agreement shall be as set forth in the Letter Agreement or a Request for Services. Such scope of services shall be adequately described in order that both the CLIENT and WSN have an understanding of the expected work to be performed. If WSN is of the opinion that any work they have been directed to perform is beyond the Scope of this Agreement, or that the level of effort required significantly exceeds that estimated due to changed conditions and thereby constitutes extra work, they shall notify the CLIENT of that fact. Extra work, additional compensation for same, and extension of time for completion shall be covered by a revision to the Letter Agreement or Request for Services and entered into by both parties. ARTICLE 3. COMPENSATION TO WSN A. Compensation to WSN for services described in this Agreement shall be on a Lump Sum

basis, Percentage of Construction, and/or Hourly Rate basis as designated in the Letter Agreement and as hereinafter described.

1. A Lump Sum method of payment for WSN’s services shall apply to all or parts of a work

scope where WSN’s tasks can be readily defined and/or where the level of effort required to accomplish such tasks can be estimated with a reasonable degree of accuracy. The CLIENT shall make monthly payments to WSN within 30 days of date of invoice based on an estimated percentage of completion of WSN’s services.

2. A Percentage of Construction or an Hourly Rate method of payment of WSN’s services

shall apply to all or parts of a work scope where WSN’s tasks cannot be readily defined and/or where the level of effort required to accomplish such tasks cannot be estimated with any reasonable degree of accuracy. Under an Hourly Rate method of payment, WSN shall be paid for the actual hours worked on the Project by WSN technical personnel times an hourly billing rate established for each employee. Hourly billing rates shall include compensation for all salary costs, payroll burden, general, and administrative overhead and professional fee. In a Percentage of Construction method of payment, final compensation will be based on actual bids if the project is bid and WSN’s estimate to the CLIENT if the project is not bid. A rate schedule shall be furnished by WSN to CLIENT upon which to base periodic payments to WSN.

3. In addition to the foregoing, WSN shall be reimbursed for items and services as set forth

in the Letter Agreement or Fee Schedule and the following Direct Expenses when incurred in the performance of the work:

(a) Travel and subsistence. (b) Specialized computer services or programs. (c) Outside professional and technical services with cost defined as the amount billed

WSN. (d) Identifiable reproduction and reprographic costs. (e) Other expenses for items such as permit application fees, license fees, or other

additional items and services whether or not specifically identified in the Letter Agreement or Fee Schedule.

4. The CLIENT shall make monthly payments to WSN within 30 days of date of invoice

based on computations made in accordance with the above charges for services provided and expenses incurred to date, accompanied by supporting evidence as available.

B. The CLIENT will pay the balance stated on the invoice unless CLIENT notifies WSN in writing of the particular item that is alleged to be incorrect within 15 days from the date of invoice, in which case, only the disputed item will remain undue until resolved by the parties. All accounts unpaid after 30 days from the date of original invoice shall be subject to a service charge of 1 % per month, or the maximum amount authorized by law, whichever is less. WSN shall be entitled to recover all reasonable costs and disbursements, including reasonable attorneys fees, incurred in connection with collecting amount owed by CLIENT. In addition, WSN may, after giving seven days written notice to the CLIENT, suspend services and withhold deliverables under this Agreement until WSN has been paid in full for all amounts then due for services, expenses and charges. CLIENT agrees that WSN shall not be responsible for any claim for delay or other consequential damages arising from suspension of services hereunder. Upon payment in full by Client and WSN’s resumption of services, the time for performance of WSN’s services shall be equitably adjusted to account for the period of suspension and other reasonable time necessary to resume performance. ARTICLE 4. ABANDONMENT, CHANGE OF PLAN AND TERMINATION Either Party has the right to terminate this Agreement upon seven days written notice. In addition, the CLIENT may at any time, reduce the scope of this Agreement. Such reduction in scope shall be set forth in a written notice from the CLIENT to WSN. In the event of unresolved dispute over change in scope or changed conditions, this Agreement may also be terminated upon seven days written notice as provided above. In the event of termination, and upon payment in full for all work performed and expenses incurred to the date of termination, documents that are identified as deliverables under the Letter Agreement whether finished or unfinished shall be made available by WSN to the CLIENT pursuant to Article 5, and there shall be no further payment obligation of the CLIENT to WSN under this Agreement except for payment of an amount for WSN’s anticipated profit on the value of the services not performed by WSN and computed in accordance with the provisions of Article 3 and the Letter Agreement. In the event of a reduction in scope of the Project work, WSN shall be paid for the work performed and expenses incurred on the Project work thus reduced and for any completed and abandoned work, for which payment has not been made, computed in accordance with the provisions of Article 3 and the Letter Agreement. ARTICLE 5. DISPOSITION OF PLANS, REPORTS AND OTHER DATA All reports, plans, specifications, field data and notes and other documents, including all documents on electronic media, prepared by WSN or its consultants are Instruments of Service and shall remain the property of WSN or its consultants, respectively. WSN and its subconsultants retain all common law, statutory and other reserved rights, including, without limitation, copyright. WSN and its subconsultants maintain the right to determine if production will be made, and allowable format for production, of any electronic media or data to CLIENT or any third-party. Upon payment in full of monies due pursuant to the Agreement, WSN shall make hard copies available to the CLIENT, of all documents that are identified as deliverables under the Letter Agreement. If the documents have not been finished (including, but not limited to, completion of final quality control), then WSN shall have no liability for any claims expenses or damages that may arise out of items that could have been corrected during completion/quality control. Any Instruments of Service provided are not intended or represented to be suitable for reuse by the CLIENT or others on extensions of the Project or any other project. Any modification or reuse without written verification or adaptation by WSN for the specific purpose intended will be at CLIENT’s sole risk and without liability or legal exposure to WSN. CLIENT shall indemnify, defend and hold harmless WSN from any and all suits or claims of third parties arising out of use of unfinished documents, or modification or reuse of finished documents, which is not specifically verified, adapted, or authorized in writing by WSN. This indemnity shall survive the termination of this Agreement. Should WSN choose to deliver to CLIENT documents in electronic form, CLIENT acknowledges that differences may exist between any electronic files delivered and the printed hard-copy. Copies of documents that may be relied upon by CLIENT are limited to the printed hard-copies that are signed and/or sealed by WSN. Files in electronic form are only for convenience of CLIENT. Any conclusion or information obtained or derived from such electronic documents will be at user’s sole risk. CLIENT acknowledges that the useful life of some forms of electronic media may be limited because of deterioration of the media or obsolescence of the computer hardware and/or software systems. Therefore, WSN makes no representation that such media will be fully usable beyond 30 days from date of delivery to CLIENT. ARTICLE 6. CLIENT’S ACCEPTANCE BY PURCHASE ORDER OR OTHER MEANS In lieu of or in addition to signing the acceptance blank on the Letter Agreement, the CLIENT may accept this Agreement by permitting WSN to commence work on the project or by issuing a purchase order signed by a duly authorized representative. Such purchase order shall incorporate by reference the terms and conditions of this Agreement. In the event of a conflict between the terms and conditions of this Agreement and those contained in the CLIENT’s purchase order, the terms and conditions of this Agreement shall govern. Notwithstanding any purchase order provisions to the contrary, no warrantees, express or implied, are made by WSN.

Engineering | Architecture | Surveying | Environmental

95

ARTICLE 7. CLIENT’S RESPONSIBILITIES A. To permit WSN to perform the services required hereunder, the CLIENT shall supply, in

proper time and sequence, the following at no expense to WSN:

1. Provide all program, budget, or other necessary information regarding its requirements as necessary for orderly progress of the work.

2. Designate in writing, a person to act as CLIENT’s representative with respect to the

services to be rendered under this Agreement. Such person shall have authority to transmit instructions, receive instructions, receive information, interpret and define CLIENT’s policies with respect to WSN’s services.

3. Furnish, as required for performance of WSN’s services (except to the extent provided

otherwise in the Letter Agreement or any Exhibits attached hereto), data prepared by or services of others, including without limitation, core borings, probes and subsurface explorations, hydrographic and geohydrologic surveys, laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements; property, boundary easement, right-of-way, topographic and utility surveys; property descriptions; zoning, deed and other land use restriction; and other special data not covered in the Letter Agreement or any Exhibits attached hereto.

4. Provide access to, and make all provisions for WSN to enter upon publicly or privately

owned property as required to perform the work. 5. Act as liaison with other agencies or involved parties to carry out necessary

coordination and negotiations; furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project.

6. Examine all reports, sketches, drawings, specifications and other documents prepared

and presented by WSN, obtain advice of an attorney, insurance counselor or others as CLIENT deems necessary for such examination and render in writing, decisions pertaining thereto within a reasonable time so as not to delay the services of WSN.

7. Give prompt written notice to WSN whenever CLIENT observes or otherwise becomes

aware of any development that affects the scope of timing of WSN’s services or any defect in the work of Construction Contractor(s), Consultants or WSN.

8. Initiate action, where appropriate, to identify and investigate the nature and extent of

asbestos and/or pollution in the Project and to abate and/or remove the same as may be required by federal, state or local statute, ordinance, code, rule, or regulation now existing or hereinafter enacted or amended. For purposes of this Agreement, “pollution” and “pollutant” shall mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, alkalis, chemicals and hazardous or toxic waste. Hazardous or toxic waste means any substance, waste pollutant or contaminant now or hereafter included within such terms under any federal, state or local statute, ordinance, code, rule or regulation now existing or hereinafter enacted or amended. Waste further includes materials to be recycled, reconditioned or reclaimed.

If WSN encounters, or reasonably suspects that it has encountered, asbestos or

pollution in the Project, WSN shall cease activity on the Project and promptly notify the CLIENT, who shall proceed as set forth above. Unless otherwise specifically provided in the Letter Agreement, the services to be provided by WSN do not include identification of asbestos or pollution, and WSN has no duty to identify or attempt to identify the same within the area of the Project.

With respect to the foregoing, CLIENT acknowledges and agrees that WSN is not a

user, handler, generator, operator, treater, storer, transporter or disposer of asbestos or pollution which may be encountered by WSN on the Project. It is further understood and agreed that services WSN will undertake for CLIENT may be uninsurable obligations involving the presence or potential presence of asbestos or pollution. Therefore, CLIENT agrees, except (1) such liability as may arise out of WSN’s sole negligence in the performance of services under this Agreement or (2) to the extent of insurance coverage available for the claim, to hold harmless, indemnify and defend WSN and WSN’s officers, subcontractor(s), employees and agents from and against any and all claims, lawsuits, damages, liability and costs, including, but not limited to, costs of defense, arising out of or in any way connected with the presence, discharge, release, or escape of asbestos or pollution. This indemnification is intended to apply only to existing conditions and not to conditions caused or created by WSN. This indemnification shall survive the termination of this Agreement.

9. Provide such accounting, independent cost estimating and insurance counseling

services as may be required for the Project, such legal services as CLIENT may require or WSN may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as CLIENT may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as CLIENT may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work.

10. Provide “record” drawings and specifications for all existing physical features, structures, equipment, utilities, or facilities which are pertinent to the Project, to the extent available.

11. Provide other services, materials, or data as may be set forth in the Letter

Agreement or any Exhibits attached hereto.

B. WSN may use any CLIENT provided information in performing its services. WSN shall be entitled to rely on the accuracy and completeness of information furnished by the CLIENT. If WSN finds that any information furnished by the CLIENT is in error or is inadequate for its purpose, WSN shall endeavor to notify the CLIENT. However, WSN shall not be held responsible for any errors or omissions that may arise as a result of erroneous or incomplete information provided by CLIENT.

ARTICLE 8. OPINIONS OF COST Opinions of probable project cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs provided for in the Letter Agreement or any Exhibits attached hereto are to be made on the basis of WSN’s experience and qualifications and represent WSN’s judgment as an experienced design professional. It is recognized, however, that WSN does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractors’ methods of determining their prices, and that any evaluation of any facility to be constructed, or acquired, or work to be performed on the basis of WSN’s cost opinions must, of necessity, be speculative until completion of construction or acquisition. Accordingly, WSN does not guarantee that proposals, bids or actual costs will not substantially vary from opinions, evaluations or studies submitted by WSN to CLIENT hereunder. ARTICLE 9. CONSTRUCTION PHASE SERVICES CLIENT acknowledges that it is customary for the architect or engineer who is responsible for the preparation and furnishing of Drawings and Specifications and other construction-related documents to be employed to provide professional services during the Bidding and Construction Phases of the Project, (1) to interpret and clarify the documentation so furnished and to modify the same as circumstances revealed during bidding and construction may dictate, (2) in connection with acceptance of substitute or equal items of materials and equipment proposed by bidders and Contractor(s), (3) in connection with approval of shop drawings and sample submittals, and (4) as a result of and in response to WSN’s detecting in advance of performance of affected work inconsistencies or irregularities in such documentation. CLIENT agrees that if WSN is not employed to provide such professional services during the Bidding (if the work is put out for bids) and the Construction Phases of the Project, WSN will not be responsible for, and CLIENT shall indemnify and hold WSN, its officers, consultant(s), subcontractor(s), employees and agents harmless from, all claims, damages, losses and expenses including attorneys’ fees arising out of, or resulting from, any interpretation, clarification, substitution acceptance, shop drawing or sample approval or modification of such documentation issued or carried out by CLIENT or others. Nothing contained in this paragraph shall be construed to release WSN, its officers, consultant(s), subcontractor(s), employees and agents from liability for failure to perform in accordance with professional standards any duty or responsibility which WSN has undertaken or assumed under this Agreement. ARTICLE 10. REVIEW OF SHOP DRAWINGS AND SUBMITTALS WSN may review and approve or take other appropriate action on the contractor's submittals or shop drawings for the limited purpose of checking for general conformance with information given and design concept expressed in the Contract Documents. Review and/or approval of submittals is not conducted for the purpose of determining accuracy and completeness of other details or for substantiating instructions for installation or performance of equipment or systems, all of which remain the exclusive responsibility of the contractor. WSN's review and/or approval shall not constitute approval of safety precautions, or any construction means, methods, techniques, sequences or procedures. WSN's approval of a specific item shall not indicate approval of an assembly of which the item is a component. WSN's review and/or approval shall not relieve contractor for any deviations from the requirements of the contract documents nor from the responsibility for errors or omissions on items such as sizes, dimensions, quantities, colors, or locations. Contractor shall remain solely responsible for compliance with any manufacturer requirements and recommendations. ARTICLE 11. REVIEW OF PAY APPLICATIONS If included in the scope of services, any review or certification of any pay applications, or certificates of completion shall be based upon WSN's observation of the Work and on the data comprising the contractor's application for payment, and shall indicate that to the best of WSN's knowledge, information and belief, the quantity and quality of the Work is in general conformance with the Contract Documents. The issuance of a certificate for payment or substantial completion is not a representation that WSN has made exhaustive or continuous inspections, reviewed construction means and methods, verified any back-up data provided by the contractor, or ascertained how or for what purpose the contractor has used money previously paid by CLIENT.

96

ARTICLE 12. REQUESTS FOR INFORMATION (RFI) If included in the scope of services, WSN will provide, with reasonable promptness, written responses to requests from any contractor for clarification, interpretation or information on the requirements of the Contract Documents. If Contractor’s RFI’s are, in WSN’s professional opinion, for information readily apparent from reasonable observation of field conditions or review of the Contract Documents, or are reasonably inferable therefrom, WSN shall be entitled to compensation for Additional Services for WSN’s time in responding to such requests. CLIENT may wish to make the Contractor responsible to the CLIENT for all such charges for additional services as described in this article. ARTICLE 13. CONSTRUCTION OBSERVATION If included in the scope of services, WSN will make site visits as specified in the scope of services in order to observe the progress of the Work completed. Such site visits and observations are not intended to be an exhaustive check or detailed inspection, but rather are to allow WSN to become generally familiar with the Work. WSN shall keep CLIENT informed about the progress of the Work and shall advise the CLIENT about observed deficiencies in the Work. WSN shall not supervise, direct or have control over any Contractor’s work, nor have any responsibility for the construction means, methods, techniques, sequences or procedures selected by the Contractor nor for the Contractor’s safety precautions or programs in connection with the Work. These rights and responsibilities are solely those of the Contractor. WSN shall not be responsible for any acts or omissions of any Contractor and shall not be responsible for any Contractor’s failure to perform the Work in accordance with the Contract Documents or any applicable laws, codes, regulations, or industry standards. If construction observation services are not included in the scope of services, CLIENT assumes all responsibility for interpretation of the Contract Documents and for construction observation, and the CLIENT waives any claims against WSN that are connected with the performance of such services. ARTICLE 14. BETTERMENT If, due to WSN’s negligence, a required item or component of the Project is omitted from the construction documents, WSN shall not be responsible for paying the cost required to add such item or component to the extent that such item or component would have been required and included in the original construction documents. In no event, will WSN be responsible for any cost or expense that provides betterment or upgrades or enhances the value of the Project. ARTICLE 15. CERTIFICATIONS, GUARANTEES AND WARRANTIES WSN shall not be required to sign any documents, no matter by who requested, that would result in WSN having to certify, guarantee or warrant the existence of conditions whose existence WSN cannot ascertain. CLIENT agrees not to make resolution of any dispute with WSN or payment of any amount due to WSN in any way contingent upon WSN signing such certification. ARTICLE 16. CONTINGENCY FUND CLIENT and WSN agree that certain increased costs and changes may be required because of possible omissions, ambiguities or inconsistencies in the plans and specifications prepared by WSN, and therefore, that the final construction cost of the Project may exceed the bids, contract amount or estimated construction cost. CLIENT agrees to set aside a reserve in the amount of 5% of the Project construct costs as a contingency to be used, as required, to pay for any such increased costs and changes. CLIENT further agrees to make no claim by way of direct or third-party action against WSN with respect to any increased costs within the contingency because of such changes or because of any claims made by any Contractor relating to such changes. ARTICLE 17. INSURANCE WSN shall procure and maintain insurance for protection from claims against it under workers’ compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees or of any person other than such employees, and from claims against it for damages because of injury to or destruction of property including loss of use resulting therefrom. Also, WSN shall procure and maintain professional liability insurance for protection from claims arising out of performance of professional services caused by any negligent act, error, or omission for which WSN is legally liable. Certificates of insurance will be provided to the CLIENT upon request. ARTICLE 18. ASSIGNMENT Neither Party to this Agreement shall transfer, sublet or assign any rights or duties under or interest in this Agreement, including but not limited to monies that are due or monies that may be due, without the prior written consent of the other party. Subcontracting to subconsultants, normally contemplated by WSN as a generally accepted business practice, shall not be considered an assignment for purposes of this Agreement.

ARTICLE 19. NO THIRD-PARTY BENEFICIARIES Nothing contained in this Agreement shall create a contractual relationship or a cause of action by a third-party against either WSN or CLIENT. WSN’s services pursuant to this Agreement are being performed solely for the CLIENT’s benefit, and no other party or entity shall have any claim against WSN because of this Agreement. ARTICLE 20. CORPORATE PROTECTION It is intended by the parties to this Agreement that WSN’s services in connection with the Project shall not subject WSN’s individual employees, officers or directors to any personal legal exposure for the risks associated with this Project. Therefore, and notwithstanding anything to the contrary, CLIENT agrees that as the CLIENT’s sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against WSN, a Minnesota corporation, and not against any of WSN’s individual employees, officers or directors. ARTICLE 21. CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. ARTICLE 22. ASSIGNMENT OF RISK In recognition of the relative risks and benefits of the project to both the CLIENT and WSN, the risks have been allocated such that the CLIENT agrees, to the fullest extent permitted by law, to limit the liability of WSN, employees of WSN and sub-consultants, to the CLIENT and to all construction contractors, subcontractors, agents and assigns on the project for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, so that total aggregate liability of WSN, employees of WSN and sub-consultants, to all those named shall not exceed $1,000,000 on this project. Such claims and causes include, but are not limited to negligence, professional errors or omissions, strict liability, breach of contract or warranty. ARTICLE 23. NON-DISCRIMINATION WSN will comply with the provisions of applicable federal, state and local statutes, ordinances and regulations pertaining to human rights and non-discrimination. ARTICLE 24. SEVERABILITY Any provision or portion thereof in this Agreement which is held to be void or unenforceable under any law shall be deemed stricken and all remaining provisions shall continue to be valid and binding between CLIENT and WSN. All limits of liability and indemnities contained in the Agreement shall survive the completion or termination of the Agreement.

ARTICLE 25. PRE-LIEN NOTICE Pursuant to the Agreement WSN will be performing services in connection with improvements of real property and may contract with subconsultants or subcontractors as appropriate to furnish labor, skill and/or materials in the performance of the work. Accordingly, CLIENT is entitled under Minnesota law to the following Notice:

(a) Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for its contributions.

(b) Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due from us until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or materials for the improvement and who gave you timely notice.

97


Brain erd/Baxter

7804 Industrial Park Road

PO Box 2720

Baxter, MN 56425-2720

218.829.5117

218.829.2517

[email protected]

Engin eerin g | Arch itectu re | Surveyin g | Environmen tal

J:\0102B-City of Baxter\0102B0000-City Engineering\0102B0000.076-Water Treatment Plant Generator\Correspondence\Generator 06-29-30.docx

MEMO Date: June 29, 2016 To: Kevin Cassady, Trevor Walter From: Mark Hallan Cc: Aric Welch, Jim Szustek Project Name: Water Treatment Plant Electrical Generator Project No.: 0102B0000.076 Subject: Electric Generator Budget Costs Widseth Smith Nolting worked with Randy Praught of Holden Electric and representatives from Ziegler Power Systems (Cat) and Pioneer Critical Power Inc. (Generac) to develop budget figures for electrical generator installation at the water treatment plant. Specification Section 16200 – Standby Power Generation System from the original water treatment plant project in 2006, as provided by the City, was used as the start/base to develop project cost estimates for budgeting purposes. The original generator sizing was based on the initial water plant plus expansion in the future with additional wells, filters and high service pump(s). Note this specification section called for a “walk-in” type enclosure. Both Cat and Generac representatives suggested this feature not be included due to cost. All cost estimates provided below do not include a “walk-in” type enclosure. On Friday June 24th a measure of the amp draw from the existing 480 volt, 3 phase service from the Crow Wing Power 750 kVA electrical transformer was completed. The measurement was taken when the water plant was backwashing one of the four filters with two well pumps in operation supplying 1,400 gpm to the other three filters. In addition, two of the high service pumps were placed in operation sending water into the distribution system and filling of the water towers. This scenario was run to simulate the electrical demand an electrical generator would need to meet during a prolonged power outage that required backwashing of the filters while supplying water to the system. The average amp draw measured by Holden Electric during this operational scenario was 332 amps. Typical maintenance facility and water plant ancillary power demand (lighting, controls, HVAC, etc.) is included in the 332-amp measurement. Allowing for a possible peak operational demand (aeration blower, compressor, third high service pump (or well pump), and winter operation of heating systems, the total draw is estimated at 500 amps. Planned future expansion includes an additional 125 HP high service pump and two 40 hp well pumps. The estimated amp draw of these items is 260 amps which brings the total estimated future load to 760 amps. Option A – 1,000 kW Diesel Generator: $456,000

This option is for a 1,000 kW diesel generator per the original specification, except as noted above. The out of a 1,000 kW generator is estimated at 1,500 amps. The equipment cost estimate of $223,000 is the weighted average between the budget figures provided by Cat and Generac. This option is being presented for comparison purposes only and is not recommended based on the required future electrical demands outlined above.

Option B – 750 kW Diesel Generator: $378,000

A 750 kW diesel generator has an output of 1,130 amps. This option will meet current and anticipated future demands. The electrical generator estimated cost is $170,000.

98

Option C – 500 kW Diesel Generator: $285,000

A 500 kW electrical generator has an estimated output of 752 amps, which would meet the estimated current 500-amp maximum operational demand for both facilities. This option will not meet the future anticipated demand of 760 amps as outlined above. The electrical generator cost is $85,000. An MPS system can be added for an additional $13,000 which is included in the $285,00 estimated cost. This would allow the City to add parallel generator in the future as demand requires. For example, a 250 kW generator could be added to bring the total output up to 1,125 amps, which would meet anticipated future demands. The estimated cost to add a 250 kw diesel generator is $130,000 bringing the total future cost of this option to $415,000.

In summary, a 1,000 kW generator is not required based on future anticipated demands. A 750 kW generator will meet current and future demands and should be considered if the City plans to expand the water treatment plant in the next 10 to 15 years. If water plant expansion is not anticipated within the next 15 years plus, the 500 kW generator should be considered. If the City plans on expanding the plant in the near future, the 500 kW generator option with the future addition of a 250 kW generator is not attractive because the total cost exceeds the 750 kW generator option and the City would have the hassle and expense of maintaining two generators. The City should also be aware that larger generators (750 Kw verses 500 Kw) have increased yearly operational and maintenance costs.

99

Item

No.Description

Equipment/

Materials

Labor/

InstallationTotal

1 Mobilization, Bonding, Insurance, Administrative 30,000.00$ 30,000.00$

2Sawcut existing slab, extend conduits to proper location for

diesel generator to be installed1,500.00$ 8,500.00$ 10,000.00$

3Install electrical/signal wiring for generator and controls -

ATS is existing20,000.00$ 10,000.00$ 30,000.00$

4 Install controls for diesel generator 5,000.00$ 15,000.00$ 20,000.00$

5Unload and install diesel generator, includes mobilization of

crane and horizontal transfer system10,000.00$ 40,000.00$ 50,000.00$

6 1000kW diesel generator (FOB Baxter, MN) 223,000.00$ 223,000.00$

7 Load bank test 2,500.00$ 2,500.00$

8 Initial diesel fuel fill (1,800 gallons) 6,000.00$ 6,000.00$

9 Water Plant Controls Update 500.00$ 3,500.00$ 4,000.00$

10 Generator Startup and Testing 1,500.00$ 1,500.00$

-$

-$

-$

Equipment/Materials Sales Tax (7.375%) 19,617.50$ 19,617.50$

396,617.50$

39,661.75$

19,830.88$

456,110.13$

Option A - 1000kW Diesel Generator Cost Estimate

FINAL DESIGN, BIDDING, CONSTRUCTION OBSERVATION, PERMITTING (5%)

PROJECT CONTINGENCY (10%)

TOTAL ESTIMATED CONSTRUCTION COSTS

TOTAL ESTIMATED BUDGET

100

Item

No.Description

Equipment/

Materials

Labor/

InstallationTotal





ATS is existing18,000.00$ 10,000.00$ 28,000.00$





7 Load bank test 2,000.00$ 2,000.00$




-$

-$

-$


325,645.31$

32,564.53$

19,538.72$

377,748.56$

Option B - 750kW Diesel Generator Cost Estimate





101

Item

No.Description

Equipment/

Materials

Labor/

InstallationTotal





ATS is existing17,000.00$ 10,000.00$ 27,000.00$





7 Load bank test 1,500.00$ 1,500.00$




11MPS Provisional Configuration for future 300kW electrical

generator12,000.00$ 1,000.00$ 13,000.00$

-$

-$


243,845.63$

24,384.56$

17,069.19$

285,299.38$

Option C - 500kW Diesel Generator Cost Estimate - Setup for future parallel 300kW





102

PLANNING & ZONING COMMISSION MINUTES

February 13, 2018 - 6:00 p.m. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 6:00 p.m. MEMBERS PRESENT: Commissioner Steve Lund, Gwen Carleton, Chuck Hiltner and Council Liaison Steve Barrows MEMBERS ABSENT: Chair Bob Kinzel and Howie Oswald STAFF PRESENT: CD Director Josh Doty OTHERS PRESENT: Rick Mileski and Tom Ryan APPROVAL OF MINUTES MOTION by Commissioner Carleton, seconded by Commissioner Hiltner to approve the minutes from the January 9, 2018 meeting as presented. Motion carried unanimously. PUBLIC HEARINGS

All items under old and new business items will go to City Council on February 20, 2018 if not tabled, continued or otherwise noted.

Acting Chair Lund stated that this Commission is advisory and the final approval/denial is given at the City Council Meeting on February 20, 2018 at 7:00 pm. OLD BUSINESS None NEW BUSINESS

1. PUBLIC HEARING. Rezoning/PUD General Plan and PUD Final Plan to allow the existing multi-tenant retail building to be occupied by Gander Outdoors, Camping World and Overton’s and to allow a three-tenant retail building on the vacant northeast lot and to allow related site improvements to complete development of the PUD for properties located at 14275, 14203 and 14199 Edgewood Drive. (LOTS 1, 2 AND 3, BLOCK 1, THIRD ADDITION TO WAL-MART SUBDIVISION, ACCORDING TO THE RECORDED PLAT THEREOF ON FILE IN THE CROW WING COUNTY, MINNESOTA, RECORDER’S OFFICE SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD, IF ANY. (City file 18-01) Requested by: Oppidan Investment Company, 400 Water Street, Suite 200, Excelsior, MN 55331 and Retail Partners Baxter, LLC and Retail Partners Baxter II, LLC.

107

Acting Chair Lund asked CD Director Doty for the staff report. CD Director Doty stated the applicant is requesting approval of a Rezoning/PUD (Planned Unit Development) General Plan and Final Plan to allow Gander Outdoors, Camping World and Overton’s, and a multi-tenant retail development for property located at 14275, 14203, and 14199 Edgewood Drive. CD Director Doty gave the history of the different PUD approvals in the past on the site. He stated that the current PUD approval included two lots to allow one multi-tenant retail building along Edgewood Drive and to allow Gander Outdoors, Camping World and Overton’s with recreational vehicle parking out to Edgewood drive. The applicants are proposing a new PUD that allows Gander Outdoors, Camping World and Overton’s with recreational vehicle parking in front of the Gander building and allow two multi-tenant retail buildings along Edgewood Drive. CD Director Doty noted that the original plat that is currently recorded serves this development plan. CD Director Doty reviewed the current site plan with the Commission pointing out the locations of the new building, signage and RV locations. CD Director Doty explained the proposed sidewalk connectivity to the Commission. He stated the development would be part of connectivity from Clearwater Rd. to Excelsior Rd and from the Gander building to Edgewood Drive. CD Director Doty submitted two letters from a Rick Mileski requesting sidewalk connections to his property to the north. CD Director Doty stated that the pine tree screening and parking requirements are similar to the last PUD. He indicated that screening has been added west of the existing loading area, due to recent tree removal to allow ponding expansion. He explained that the fencing has been modified to a black decorative vinyl fence without decorative columns for the east enclosure and the east side of the north enclosure. The fencing for the remining sides of the north enclosure would be black coated chain link. CD Director Doty informed the Commission that there will be a paved 20-foot fire lane in the rear of the former Gander Mountain building where currently there is just gravel. CD Director Doty stated the Utility Commission reviewed the application on February 8, 2018 and recommend approval subject to the following conditions:

1. A signed Developer’s Agreement is required due to the Section 6 stormwater design and fire

hydrant relocation. 2. Complete a 100-year stormwater design on any new impervious surfaces and a 5-year

stormwater design on any existing impervious surfaces. 3. Submit a City approved and executed Stormwater Facilities Maintenance Agreement. 4. Catch basins on the north and south side of the private drive entrance at the intersection of

Design Road and Edgewood Drive must be rehabilitated to City standards. 5. Pave the fire lane 20-feet wide on the west side of the building to meet the City of Baxter’s

MS4 Standards. 6. Provide the Fire Department with permanent access through all recreational vehicle gate

enclosures. 7. Submit the most current MnDOT ADA Design Plates (current date is February 2017).

CD Director Doty stated the applicant received architectural approval for the Gander Outdoors building on October 3, 2017. The architectural plan for the northeast multi-tenant building would meet the requirements of the zoning ordinance and can be approved administratively.

108

CD Director Doty stated staff is recommending approval of the rezoning and PUD General and Final Plan. Commissioner Hiltner asked about the RV parking, who is requesting the fencing the owners or the City. CD Director Doty stated the applicant is requesting it for security. However, staff has also asked for a decorative appearance. Commissioner Hiltner asked about the curbing and the potential for turning radius. CD Director Doty stated there is a turning radius plan submitted by the project engineer showing how 40-foot long RV’s can make the corners. Commissioner Hiltner asked about the two different signs in the packet. Staff said that was a mistake and that the applicant is requesting approval of a 30-foot high sign, not 40 feet. Acting Chair Lund opened the public hearing. Mr. Tom Ryan of Oppidan Investments (applicant), approached and clarified that the sign height being requested is 30 feet. He also stated the current Gander sign will be retrofitted by Gander Outdoors or replaced by them. Acting Chair Lund asked Mr. Ryan about Commissioner Hiltner’s question regarding the turning radius, if it is adequate. Mr. Ryan stated that their engineer did the turning radius study and the tenant is comfortable with the study. Commissioner Hiltner asked about the gate width, Mr. Ryan was not sure, however CD Director Doty did a quick measurement and the gates are roughly 36 feet wide. Mr. Richard Mileski, Baxter Edgewood Properties, LLC stated that he owns the two buildings to the north of this development. Mr. Mileski stated that for years, the guests from Super 8 have been crossing the parking lots from the hotel to Cub Foods and the surrounding restaurants, especially in the summer. He indicated that some even stop at his exterior furniture and eat their lunch/dinner. Mr. Mileski stated that with the new development, sidewalk connectivity should be installed from his east building as well. Mr. Mileski stated that the last time, connectivity was approved from the front by the council. This current plan is not showing the sidewalk in the front of the second building. He stated that his building to the east has a long term, handicap/wheel chair bound person and it would be nice to give access to all of the buildings to the south. It would also bring people off the frontage road. He would like to see it added as it would be a plus for both developers. Acting Chair Lund then closed the public hearing. Commissioner Carleton asked who would be the responsibility to pay for the sidewalk. CD Director Doty stated that if it is a condition of approval than the developer is responsible to pay the costs. He added that a developer and a neighboring property owner can make other private arrangements for who pays for the improvements. However, if it is a condition of approval by the City, then it is the developer’s responsibility.

109

Acting Chair Lund asked if the second building would come back to the Commission. CD Director Doty stated if the plan is built as currently shown, then no, it would not come back to this Commission. He added this would be the time to address the matter. Acting Chair Lund asked if there would be ADA pedestrian connections from the Gander building moving east to the two new buildings. CD Director Doty indicated yes. He said so there would be ADA connectivity to all buildings. However, it should be noted that is not a direct route from the east buildings to the neighboring property to the north. Commissioner Hiltner confirmed there is lighting throughout the development, CD Director Doty confirmed there is lighting proposed throughout the development. Motion by Commissioner Hiltner, second by Commissioner Carleton to recommend the City Council approve Rezoning/PUD General Plan and PUD Final Plan to allow the existing multi-tenant retail building to be occupied by Gander Outdoors, Camping World and Overton’s and to allow a three tenant retail building on the vacant northeast lot and to allow related site improvements to complete development of the PUD for properties located at 14275, 14203 and 14199 Edgewood Drive.as presented by staff in the draft resolution. Motion carried unanimously. OTHER BUSINESS Next meeting is March 13, 2018 at 6:00 pm. ADJOURNMENT MOTION by Commissioner Hiltner, seconded by Commissioner Carleton to adjourn the meeting at 6:42 p.m. Motion carried unanimously. Approved by: Submitted by:

________________________________ Acting Chair Steve Lund Shanna Newman CD Administrative Assistant

110

EDA BOARD MINUTES December 19, 2017

1. Call to Order

President Mark Cross called the regular meeting of the Baxter EDA Board to order at 5:30 p.m.

Members Present President Mark Cross, Quinn Nystrom, Darrel Olson, and Todd Holman

Members Absent Steve Barrows

Staff Present Executive Director Brad Chapulis, Assistant Treasurer Jeremy Vacinek, Community Development Director Josh Doty, Public Works Director Trevor Walter, and Secretary Kelly Steele

2. Consent Agenda

A. Approval of Minutes from November 7, 2017 MOTION by Holman, seconded by Olson to approve the minutes of November 7, 2017. Motion carries unanimously.

3. Pulled Agenda Items

4. Other Business

A. Closed Session, Minnesota Statute 13D.05, subd. 3 (c), Purchase of Property

MOTION by Holman, seconded by Olson to enter into a closed session at 5:32 p.m. Motion carried unanimously. MOTION by Holman, seconded by Nystrom to return to an open session at 5:51 p.m. Motion carried unanimously.

The Board provided staff direction to proceed with the potential sale.

5. Additional Business Not Included on the Agenda None

6. Adjournment MOTION by Nystrom, seconded by Holman to adjourn at 5:52 p.m. Motion carried unanimously.

Approved by: Submitted by, Mark Cross Kelly Steele President Secretary

111

CITY OF BAXTER, MINNESOTA ORDINANCE 2018-003

AN ORDINANCE AMENDING THE PUD ZONING OF PROPERTY LOCATED AT 14275, 14203 and 14199 EDGEWOOD DRIVE, WHICH IS ADOPTED AS

ORDINANCE, PURSUANT TO TITLE 10, CHAPTER 3-2 OF THE CITY CODE (CITY FILE NUMBER 2018-01)

THE CITY OF BAXTER ORDAINS:

Section 1. Amendment of the City Code. Title 10 of the Zoning Ordinance of the City Code of the City of Baxter, Minnesota, hereby remains PUD (Planned Unit Development) but that the correlating PUD development plan is amended pursuant to this ordinance and pursuant to City Council Resolution 2018-011 for property located at 14275, 14203 and 14199 Edgewood Drive, legally described as follows:

LOTS 1, 2, AND 3, BLOCK 1 THIRD ADDITION TO BAXTER WAL-MART SUBDIVISION, ACCORDING TO THE RECORDED PLAT THEREOF ON FILE IN THE CROW WING COUNTY, MINNESOTA, RECORDER’S OFFICE SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD, IF ANY.

Subd.1. The approval of the PUD amendment and the development standards of the PUD are as indicated on the application received by the city on January 24, 2018, revised plans received on February 8, 2018, sidewalk connectivity plan received on February 13, 2018, and revised narrative received on February 9, 2018, except as may be amended by City Council Resolution 2018-011, on file in the office of the zoning administrator under file 2018-01.

Subd. 2. The allowable uses for the PUD are any permitted or accessory uses allowed in the C-2, zoning district, except that a drive through use, and recreational vehicle sales and repair shall be considered a permitted use. These uses shall be considered “permitted” in the PUD, provided they comply with all the development standards and conditions approved in the PUD by City Council.

Section 2. Effective Date. This amendment shall take effect upon its passage.

112

Whereupon, said Ordinance is hereby declared adopted on this 20th day of February, 2018.

_____________________________ Darrel Olson, Mayor

ATTEST: __________________________ City Seal Kelly Steele, City Clerk

113

CITY OF BAXTER, MINNESOTA

RESOLUTION 2018-011

RESOLUTION APPROVING A PUD, PLANNED UNIT DEVELOPMENT AMENDMENT TO ALLOW GANDER OUTDOORS, CAMPING WORLD, OVERTONS, AND A MULTI-TENANT

RETAIL DEVELOPMENT LOCATED AT 14275, 14203 and 14199 EDGEWOOD DRIVE (CITY FILE NUMBER 2018-01)

WHEREAS, Oppidan Investment Company and Retail Partners Baxter, LLC (“the applicant”) has requested approval of a PUD, Planned Unit Development Amendment on property located at 14275 Edgewood Drive, legally described as follows:

LOTS 1, 2, AND 3, BLOCK 1 THIRD ADDITION TO BAXTER WAL-MART SUBDIVISION, ACCORDING TO THE RECORDED PLAT THEREOF ON FILE IN THE CROW WING COUNTY, MINNESOTA, RECORDER’S OFFICE SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD, IF ANY.

WHEREAS, the Planning and Zoning Commission has reviewed the request at a duly called a Public Hearing on February 13, 2018 and recommends approval, and; WHEREAS, the City Council considered the Planning and Zoning Commission recommendation at their February 20, 2018 meeting, and; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAXTER, MINNESOTA, that it should and hereby does approve the request to approve PUD Amendment, based on the finding that the standards in Title 10 of the Baxter Zoning Ordinance are met. Specifically:

1. With the conditions in this resolution, the PUD is consistent with the City’s Comprehensive Plan;

2. With the conditions in this resolution, the PUD is consistent with the zoning ordinance requirements; and

3. The PUD does not violate any local, state or federally adopted law, ordinance, regulation, plan or policy.

FURTHER BE IT RESOLVED that the following conditions of approval shall be met:

1. The approval of the PUD general/final plan and the development standards of the PUD are as indicated on the application received by the city on January 24, 2018, revised plans received on February 8, 2018, sidewalk connectivity plan received on February 13, 2018, and revised narrative received on February 9, 2018, except as amended by this resolution.

2. The approval of the PUD is based on the final plat signed by the City on August 16, 2016 and signed by Crow Wing County on April 5, 2017.

3. The allowable uses for the PUD are any permitted or accessory uses allowed in the C-2, zoning district, except that a drive through use, and recreational vehicle sales and repair shall be considered a permitted use. These uses shall be considered “permitted” in the

114

PUD, provided they comply with all the development standards and conditions approved in the PUD by City Council.

4. Development standards of the PUD shall be subject to zoning ordinance standards and

the standards specifically listed in the C-2, District, except as specifically amended.

5. The PUD is subject to any conditions of approval submitted by the Architectural Review Commission.

6. A building permit is required prior to beginning any new construction.

7. Prior to issuance of a building permits, the applicant shall: a. Provide a three-foot separation from the bottom of ponding to the top of the ground

water as required by the MPCA and NPDES permit. b. Provide approved ADA sidewalks and pedestrian ramps for all sidewalks to be

reviewed and approved by City staff. c. The sidewalk connection to Edgewood Drive labeled “future pedestrian connection”

shall be constructed as an ADA route with pedestrian ramp to connect to Edgewood drive with the development of Lot 2, Block 1, Third Addition To Baxter Wal-Mart Subdivision.

d. On Lot 1, Block 1, Third Addition to Baxter Wal-Mart Subdivision, the west end of the parking lot walkway and west parking lot island shall be revised to show an at parking grade ADA route through the middle of the west island to the handicap parking stalls and related landing zone. An ADA pedestrian ramp shall be added on the east end of the east handicap parking stalls in this walkway to ramp back up to the raised parking lot walkway to the east.

e. On Lot 1, Block 1, Third Addition to Baxter Wal-Mart Subdivision, the existing fence around the exterior merchandise display area south of the building shall be removed.

f. An ADA approved pedestrian ramp shall be constructed on the existing sidewalk in the northeast corner of the existing building on Lot 3, Block 1, Third Addition To Baxter Wal-Mart Subdivision. This ADA approved pedestrian ramp shall be constructed with development of Lot 2, Block 1, Third Addition To Baxter Wal-Mart Subdivision to provide ADA connectivity between the buildings.

g. The pine trees on the west and north sides of the north parking area and the pine trees on the west side of the loading area for Lot 1, Block 1, Third Addition to Baxter Wal-Mart Subdivision shall be a minimum of 6-feet high and provide required screening of the recreational vehicle parking area and loading area from the adjacent residential homes to the west and north. The owner shall provide irrigation for these trees and shall replace any trees that die to provide the required screening.

h. Revise plans to indicate that the height of the recreational vehicle parking enclosures and their related gates is fence is six feet high.

i. Revise plans to indicate that the east recreational vehicle parking enclosure shall have decorative vinyl fence.

j. Revised plans to indicate that the north recreational vehicle parking enclosure shall have decorative vinyl fence and gate on the east side of the enclosure. The north, west and southwest sides of the enclosure shall have black, vinyl-coated chain link fence.

k. Revise plans to add a curbed parking lot island in place of the striped taper shown in the central portion of the north drive aisle of the PUD.

l. Revise plans to add a drive aisle on the west end of the north recreational vehicle parking area. The drive aisle shall allow adequate recreational vehicle turning radius to provide a loop from the north and south drive aisles.

115

m. Submit a revised landscape plan in compliance with the City’s landscape requirements. Specifically, the applicant shall size species of all proposed trees and shrubs to meet the city’s minimum standards in the zoning ordinance.

n. All trash and recycling areas shall be housed in an opaque enclosure that is consistent with the primary color and materials of the building. The enclosures shall be reviewed and approved by staff.

o. All exterior ground and rooftop mechanical equipment shall be screened from adjacent properties and streets in compliance with Title 10-4-8 of the Zoning Ordinance.

p. Any visible backs of parapets shall be the primary color of the building, as required in the zoning ordinance.

q. Submit turning radius evaluations for the site to show that the drive aisles can support the use of the recreational vehicles located on the site.

r. Provide compliance with zoning review items related to the development plan. s. Revise plans to identify a bike racks in the storefront areas. t. A lighting plan shall be submitted for review and approval by staff based on the City’s

lighting requirements. Specifically, existing lighting located on all three of the subject properties shall be brought in to conformance with the zoning ordinance or removed from the site.

u. Complete a wetland delineation for the wetland on the west side of the site. v. Submit verification that the white color shall be an off-white color to comply with the

earth tone requirement of the ordinance. w. A signed Developer’s Agreement is required due to the Section 6 stormwater design

and fire hydrant relocation. x. Complete a 100-year stormwater design on any new impervious surfaces and a 5-

year stormwater design on any existing impervious surfaces. y. Submit a City approved and executed Stormwater Facilities Maintenance

Agreement. z. Catch basins on the north and south side of the private drive entrance at the

intersection of Design Road and Edgewood Drive must be rehabilitated to City standards.

aa. Pave the fire lane 20-feet wide on the west side of the building to meet the City of Baxter’s MS4 Standards.

bb. Provide the Fire Department with permanent access through all recreational vehicle gate enclosures.

cc. Submit the most current MnDOT ADA Design Plates (current date is February 2017). cc.dd. Revise plans to show a ADA sidewalk on the East side of the East Recreational

vehicle enclosure. The sidewalk shall be designed with a crosswalk to cross the north drive aisle to connect to the Light Depot sidewalk located north of the site.

8. The property owners of the three properties within this PUD shall maintain the private

roadways/drive aisles in the development at an average pacer level from the City’s bituminous maintenance program.

9. The property owner of Lot 1, Block 1, Third Addition To Baxter Wal-Mart Subdivision shall construct the proof of parking as identified the proof of parking plan if there is a documented parking problem on the site. The proof of parking shall comply with the zoning ordinance requirements including, but not limited to stall and drive aisle dimensions, landscaped parking lot island with overstory tree requirements.

116

10. The PUD allows outside display of recreational vehicles in the designated areas shown on the PUD site plan. The sale of products other than those specifically identified in the approved PUD shall be subject to a PUD amendment.

11. All servicing and repair of recreational vehicles and equipment shall occur inside the building.

12. There shall be no storage of equipment, materials, damaged vehicles, parts or accessory equipment outside the building.

13. All signage shall require separate permits and shall be in conformance with the City’s sign ordinance, except that two free standing signs are allowed with the PUD for the subject property.

14. The PUD authorizes the existing freestanding sign in the southeast corner of the PUD to be modified as requested with the PUD sign plan, except that the sign width shall be a maximum of two feet wide. This existing southeast sign is authorized for the Lot 1, Block1, Third Addition To Baxter Wal-Mart Subdivision.

15. The PUD authorizes the existing freestanding sign in the northeast corner of the PUD not to exceed 200 square feet. This existing northeast sign is authorized for Lots 2 and 3, Block 1, Third Addition to Baxter Wal-Mart Subdivision.

16. PUD flexibility is granted to the 10-stall parking lot island spacing requirement, as

identified on the approved plans for this PUD.

17. Approval of the PUD Amendment plan is contingent on review and approval by MNDOT.

18. The PUD General and Final Plan application is hereby approved with this PUD Amendment.

19. The PUD approval shall expire one year from of the date of this approval unless the applicant has recorded the plat or commenced construction or has requested an extension in writing.

Whereupon, said Resolution is hereby declared adopted on this 20th day of February, 2018.

___________________________________ Darrel Olson, Mayor

ATTEST: ____________________________________ City Seal Kelly Steele, City Clerk

117