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2001-05-29 JPWB Minutes JOINT POWERS WATER BOARD MINUTES Regular Meetmg of May 29, 2001 7:00 PM JPWT Plant Board Room Call to Order at 7 15 PM by ChaIr Olson Present Olson, Kessler, PaullIn, Kottke, Vetsch Joe Hagerty stand-In for Tom Hagerty Absent Tom Hagerty The meetIng was called to order at 7 15 PM MOTION BY VETSCH, SECONDED BY PAULLIN TO ADOPT THE AGENDA AS PRESENTED MOTION CARRIED UNANIMOUSLY CatlIn Introduced KeVIn Newman from H R Green, statIng that he would stand-In for CatlIn at the next meetIng MOTION BY KESSLER, SECONDED BY KOTTKE TO APPROVE THE MINUTES OF THE APRIL 23, 2001 REGULAR MEETING MOTION CARRIED UNANIMOUSLY MOTION BY PAULLIN, SECONDED BY KESSLER TO ADOPT THE CONSENT AGENDA MOTION CARRIED UNANIMOUSLY ClOSIng of the Bauman property and the School Board property was conducted Just pnor to tomght's meetIng Browmng stated that JIm Conrad had asked the Board to address the water tower overflow again She stated that JOInt Powers Insurance had demed the claIm It was then sent to US FIlter Insurance that would In turn subrogate It to the contractor There IS no further InformatIon at this time It was deCIded this matter would be dIscussed at a time when there IS more Information aVailable ChaIr Olson announced that Item 1 under EngIneenng, dIScussIon of sellIng of property to MJM, would be brought forward at this time CatlIn presented an exlnbIt shOWIng the property that was JUst purchased from Bauman's and had handed out a smaller blow-up of the Bauman property broken Into three parcels (A, B, & C) He explaIned that well #6 would be on parcel B, allOWIng parcels A and C to be sold CatlIn explaIned that we would want to retain a restnctlVe use covenant on those propertIes, to assure there was no hazardous waste, pIt toIlets, ect on SIte, so we don't have any nsk of contamInatIng our wells ThIs IS a well code requIrement CatlIn recommends thIs as a ffilmmum that the Board should retain Scott Dahlke wIth Quahty SIte DesIgn presented the concept that was JUst submItted to the CIty of St Mtchael, on behalf ofMJM Dahlke handed out hIS own exlubIt of the Bauman property They plan to be at the next St Mtchael planmng and zomng board meetmg He explamed that the water mam proposal runmng along the north SIde of the property IS what started them lookmg mto developmg tms property They would prefer that It dId not run along the north SIde, as It would make It ddficult to develop the SIte once the water mam was mstalled They propose the water mam run down the street and have an easement across lots 15 and 16 onto Ivory Av and before runmng through the school property as Cathn had proposed An eXIstmg house on the comer of Ivory A v that IS proposed to stay was mentIOned Kessler saId he was comfortable WIth thmgs under those plans as long as we're certam we haven't boxed ourselves m and we have plenty of room around the tower, ect Cathn assured mm that that was the case and also part of the reason bemnd making sure we have the restrIctIve use covenant on those propertIes IfMJM IS the buyer ofthe propertIes we would also need to get a restnctIve use covenant on what they show as lots 1 & 2 We need a 200' area around the wells for the restrIctIve use covenant Vetsch wanted to know whether there was a pnce m mmd or If It was to be hsted and whether MJM had exclUSIve nghts Cathn and Olson explamed that we have no arrangements WIth anyone at this pomt and MJM IS expressmg therr mterest m purchasmg the property so the Board must detemnne whether or not tms IS sometmng they're mterested m Kessler states that he has no ObjectIons to sellmg as long as we're comfortable that we don't need any part of It Cathn agam stated that we've made sure we have what IS needed and that It wouldn't make sense to have a thrrd well m that area We would want to go at least a quarter mIle down the road for another well Ralph MunsterteIger questIoned Cathn as to the reason why Cathn's concept was preferable to MJM's concept as far as the well bemg located m the center versus to one SIde Catlm stated that we must own a 50' ramus around the well and he felt It worked out better WIth the access, and mamtammg the well, ect He's not saymg It'S unworkable to do It the way MJM proposes, he Just feels It works out better the way he has It shown MOTION BY KESSLER, SECONDED BY VETSCH TO SELL THE PROPERTY MOTION CARRIED UNANIMOUSLY Ralph MunsterteIger asked that the dIScussIon be carned a httle further as doesn't see that anyone else would buy the property smce MJM owns everythmg else m the ImmedIate area He would hke to work out further negotiations to move thtngs along If the Board IS tmnkmg of gettmg pIpe m the ground by September or even thts year yet then he doesn't feel anyone can afford to mISS any meetmgs MunsterteIger proposed the possIbIhty that MJM run the pIpe through therr platt, at therr cost, m exchange for the property or perhaps smce they're puttmg the street m, the Board wouldn't pay for the street Olson dIdn't feel we were at the pomt where we were acceptmg offers or negotIatmg, as MJM must still go through the CIty to get approval MunsterteIger stated that was why he was trymg to come to further understandmg as It wouldn't make sense for them to go to the City If there wasn't some understandmg With the Board Cathn added another aspect, wmch IS, that It IS m the Board's mterest to get the easement or nght of way for the raw water mam so that we can get under construction Cathn stated that we spearheaded tills effort, we've Jumped construction of well #5 ahead by a few years due to the huge mcrease m water demand we saw last year Mlke Leuer saId he met WIth Cathn a few months ago to talk about puttmg the water mam through MJM property Leuer knew the problems of developmg tills property, as he's owned It smce the early 1980' s Cathn mentioned that the Bauman property was bemg purchased and Leuer told illm that we should faCIlItate sometillng With O'Donnell's He stated that he had attempted that several years ago, but nothmg came of It He dId make contact WIth the O'Donnell's recently and was told that they had Just put the property on the market Leuer then purchased the property nght away, as he knew the property was needed If tills was gomg to work He says they went out on a 11mb purchasmg the property to make thIs work He Just wanted to say that they were domg what they could to make the pIeces of the puzzle fit Leuer saId he knew the Board had talked to EIcher's about sellmg therr property and they weren't very frIendly He stated they had also talked to EIcher's and was told they weren't mterested m sellIng and dIdn't want to be bothered Leuer JUst wanted to gIVe the Board the illstory so they had some Idea and to let them know that he has been trymg to faCIlItate tills whole project and feels that It can work Kessler asks that CatlIn bnng to the next meetmg costs of easements, ect CatlIn suggests the Board have the property appraIsed CatlIn also remInds the Board that there are steps to be taken WIth the CIty of St Michael to speed the process along CatlIn suggests splIttmg the lot With the CIty of St MIchael and the Board retains parcel B He then feels the remammg property should be splIt Into three parcels Dalke stated that It could be done as a Jomt platt The CIty could be assured that the splIt wouldn't take place unless tills deal went through and Jomt Powers could be assured that the splIt wouldn't take place unless the CIty approved It Olson thought that was some mformatIon that could be put together for the next meetmg MOTION BY KESSLER, SECONDED BY VETSCH TO SPLIT THE PROPERTY OUT MOTION CARRIED UNANIMOUSLY MunsterteIger asked Olson Ifthere was a possIbIlIty, because of the time constramts, of appomtmg a commIttee that they could work With Olson stated that It was typIcal to work With the three Mayors, but It IS up to the rest of the Board as well Olson asked for comments from the rest ofthe Board Vetsch stated that he felt It would take a month to get all the facts and figures together and he doesn't want It to get rushed He states he wants to sell the property, but feels there IS qUIte a lot of value m the land m the shape of fill, splIttmg It out, ect Vetsch would also lIke to see what we're paying for easements He feels that If It gets mto commIttee form by the time he gets here next month everythmg wIll be cut and dned and he dIdn't get to dISCUSS any of It and he doesn't feel that's nght MunsterteIger stated that they would have to go before the Planmng and Zorung and the CIty CouncIl before that meetmg anyway and If they don't lIke It, It doesn't matter Kessler thought the three Mayors could take It under adVIsement and that Vetsch could stay m contact With Olson Olson wanted to know how much of a rush the project was He asked Catlm If the desrre to move ahead was qUIcker on the part of the Board than It was MJM and do we need to make some headway pnor to the next meetmg CatlIn stated that It would seem that the Board should want to move ahead qUIckly as tills whole process has a lot of potential mIlestones WIth long lead times The Board needs to bnng Items before the St MIchael Planrung & Zorung and they have a long reVIew penod and then we need to go before the St Michael CouncIl CatlIn states that the qUIcker we start mto those dungs so we can get exlublts to Planrung & Zomng the better off we are Olson asked If It meant we had to do anythmg pnor to the next meetmg CatlIn states that we are startmg to press the summer constructIOn penod on the project so hts advIce would be to start as qUIckly as pOSSIble so we can get the pIpe m before the snow flIes and constructIOn gets shut down Browmng saId that she wanted to be sure It was clear that we cannot use well #5 untIl thts raw water mam comes down from the tower to the plant PaullIn asked If she mIght offer Vetsch her spot on the commIttee, but Kessler stated that It was the polIcy that was set up to have the commIttee made up of the three Mayors Olson stated that, If necessary, the three Mayors would get together and that It would have to return to the Board anyway Braunwarth explamed that there are credIt balances on two accounts for SuperAmenca The credIt balances are $3481 67 and $283 47 These are due to the fact that there are dIfferent types of meters that had to be read dtfferently Vetsch stated he preferred wntten background mformatIon mcluded m the packet rather than a verbal explanatIon Braunwarth stated It was bemg presented from notes she took as the customer called in therr request Kessler asked why there were two meters Brownmg answered that one IS a htgh use meter and pOSSIbly they Installed two so one could be used for spnnklmg, we don't know, but they dId mstall two dtfferent SIZe meters Browmng also added that the credIt IS parttally due to the fact that they never read therr meter and It has been estImated Vetsch thought there should be some paperwork Included In the packet that explaInS the Items, statmg he probably wouldn't remember next week otherwIse Olson agreed WIth Vetsch that there should be a memo on thts Kessler commented that It has been thts Board's polIcy to pay back credIt balances, but the prevIous Board had thought It best to have the customer work It off Vetsch stated we should Just pay the credIt, but he wants to see It m wntmg Browmng added that relmbursmg the credIt be based somewhat on the amount, statmg that the smaller amounts would be worked off qUIckly and It may not pay to wnte a check, but larger amounts would be paId MOTION BY KESSLER, SECONDED BY PAULLIN TO APPROVE REFUNDING THEIR MONEY ON BOTH ACCOUNTS, WITH PAPER TRAIL TO FOLLOW MOTION CARRIED UNANIMOUSLY Browmng suggested scheduhng the open house for the water plant on a Saturday so more resIdents would be able to come and tour, ect Olson stated a motIOn was not needed The date was set for July 14,2001 from 9 AM to 1 PM CatlIn recommends approval of Change Order # 1 - Well #5 CatlIn stated that the formatIon was even better than they had ongmally thought, therefore, he recommends Increasmg the qualIty of the screen that holds back the sand and gravel depOSIts Tills recommendatIon would be to change to a hIgh-flow deSIgn at a cost of $660 MOTION BY VETSCH, SECONDED BY KESSLER TO APPROVE CHANGE ORDER #1 MOTION CARRIED UNANIMOUSLY CatlIn explamed that Change Order #6 was a collectIon of Items wrappIng thtngs up Some of the bIgger Items mcluded addItIonal landscape work and screemng that was requIred by the CIty of AlbertvIlle for complIance wIth theIr regulatIons Some of the mcrease m cost due to the connectIon of the raw water mam The contract was modIfied last fall to allow connectIons of future wells #5 and #6 ahead of schedule Those were pushed up by a few years due to the mcreased demand Some new doors were mstalled at the pump house as they were m pretty bad shape Vetsch stated that he does not consIder these Items a change order He defined a change order as a change after the plan has been submItted, but when somethmg was mcluded up front It would not be a change order He stated someone m desIgn dId not do theIr Job The dIScussIon that followed mcluded some clanficatIon of the sequence of events concludmg that although plans were submItted to the CIty of Albertville pnor to the bId being submItted by the contractor, the buildmg mspector dId not receIve them until after the bId He then brought up a number of Items that needed to be addressed That put thmgs m a bmd WIth the contractor havmg the bId ready to go and the bUIldmg mspector not allowmg the permtt untIl he went through the plans Kessler asked If thts sort of change order was normal Cathn stated that for a project thIS SIze you could expect 3% of constructIOn costs for errors and OmISSIOnS Thts project has mcurred some faIrly large change orders due to work begmmng on wells #5 and #6 bemg accelerated The total change orders on thts project to date are approXimately $140,000, With the maJonty of that bemg due to wells #5 and #6 Olson thought It would be a good Idea for CatlIn to clarIfy, the sequence of events, ect , m wntmg, how thts process went down, at least for the landscapmg portIon MOTION BY KESSLER, SECONDED BY PAULLIN TO APPROVE CHANGE ORDER #6 MOTION CARRIED UNANIMOUSLY CatlIn stated there Will be another change order m the next couple of months due to screernng of the heatmg! air condItIomng umts CatlIn stated that Moorhead ConstructIon has completed much of the punch hst that was dIscussed at last month's meetmg The asphaltmg and landscapmg are a couple of the Items that remam undone CatlIn has taken the estImate of the value of the remammg Items to be completed and doubled It and WIll use that as the new figure for retamage CatlIn requests approval of payment of the retamage reductIon of$245,233 98 Kottke and Vetsch thought there should be more dollars held Further dIscussIon showed calculatIons for tWIce the amount held for remaIrnng work would be suffiCIent to assure completIon of work Catlm remmded the Board that we also have the Bond for leverage Newman calculates we are holdmg approXImately $29,850 MOTION BY KESSLER, SECONDED BY KOTTKE TO APPROVE PAY REQUEST #15 MOTION CARRIED UNANIMOUSLY Browrnng stated that spnnkhng restnctIon notIces were put m the Crow River News MOTION BY VETSCH, SECONDED BY PAULLIN TO APPROVE THE LIST OF CLAIMS MOTION CARRIED UNANIMOUSLY Vetsch requested an emergency plan m case of a catastrophe Browrnng stated she would try to have that prepared for the next meetmg MOTION BY PAULLIN, SECONDED BY VETSCH TO ADJOURN THE MEETING AT 8 35 PM MOTION CARRIED UNANIMOUSLY gd46~