Ramsey-Washington Metro Watershed District Minutes of Regular Board Meeting October 1, 2003 The Regular Meeting of October 1, 2003, was held at the Maplewood City Hall, Maplewood Room, 1830 East County Road B, Maplewood, Minnesota, at 6:30 p.m. PRESENT: Roger Lake, President Paul Ellefson, Vice President Bob Johnson, Secretary ALSO PRESENT: Cliff Aichinger, Administrator Tracey Galowitz, Attorney Rob Langer, District Senior Technician Louise Watson, Planning & Education Coordinator Simba Blood, Natural Resources Technician Jack Frost, Treasurer Pam Skinner, Manager Carole Pastorius, Admin Secretary Brad Lindaman, Barr Engineering Tina Carstens, Permit Program Coordinator Julie Vigness-Pint, District Technician Bill Bartodziej, Natural Resources Specialist 1. CALL TO ORDER The meeting was called to order by President Lake at 6:30 p.m. 2. APPROVAL OF MINUTES Motion: Moved by Bob Johnson, seconded by Roger Lake, to approve the September 3, 2003, regular meeting minutes. Motion 3. APPROVAL OF AGENDA Jack requested the addition of Washington County Water Consortium business. 4. PERMIT APPLICATIONS Permit 03-52; Courtly Road Rear Yard Pond Construction - Woodbury The city proposes to construct a stormwater pond along Woodlane Drive to provide flood relief to affected properties on Courtly Road. Motion: Bob Johnson moved, Paul Ellefson seconded, to approve Permit #03-52. Motion Permit 03-53; ALDI Food Market - Little Canada A grocery store and parking lot is proposed for a vacant parcel at Rice Street and Highway 36. An onsite stormwater pond is proposed that outlets to a series of wetlands to the east. Motion: Jack Frost moved, Bob Johnson seconded, to approve Permit #03-53. Motion Permit 03-54; House of Prayer Lutheran Church - Oakdale The applicant proposes to pave an existing gravel parking area in addition to expanding its size. Drainage would continue to be routed to an existing swale located south of the property. Motion: Jack Frost moved, Paul Ellefson seconded, to approve Permit #03-54. Motion Monthly Enforcement Report During September, 7 notices were issued to address the following violations on permit sites: repair silt fence (5), sweep streets (1), and inlet protection (3). Ongoing enforcement issues: None.
5. PROJECT STATUS REPORTS CIP Maintenance/Repairs 2004 Project Discussion was held on the current list of maintenance and repair items proposed for next year: Johnson Pond Drainageway sediment removal Tanners Alum Building Manhole sediment removal Fish Creek sediment removal Battle Creek pipeline repair Battle Creek storm sewer/sinkhole repair in lower ravine Battle Creek Lake Berm lift station insulation Owasso Basin modification of low flow pipeline cleanout Valley Creek Road silt removal from two infiltration ponds and modifications to increase infiltration Savage Lake (either side of I-35E, south of Little Canada Road) maintenance-free outlet replacement to maintain normal water levels Investigate and improve Kohlman Creek drainage system causing elevated wetland levels behind Rainbow Foods between County Road C and Gervais Avenue Suburban Avenue Pipeline Repair (Lametti & Sons, Inc., contractor) Motion: Roger Lake moved, Paul Ellefson seconded, to approve Change Order #1 to the Suburban Avenue Pipe Repair Project, which represents the costs billed by the City of St. Paul to the contractor for city crews to perform restoration of permanent bituminous street, concrete driveway, and concrete curb, with associated reductions in material quantities, resulting in a net increase in cost to the District of $5,426.00. Motion Carver Subwatershed Infiltration Study No residents were in attendance at the first open house on September 23. One more open house is scheduled for October 23 to invite residents from all six neighborhood sites being considered. Tanners Alum System Floc Pond Maintenance Brad distributed the Barr Engineering memo dated September 25, 2003, entitled "Bids for Sludge Removal at Tanners Lake Alum Plant." The advantages and disadvantages of each proposal were compared by considering the following factors: schedule, site impact, cost, and aesthetics. Cliff advised the Board that this bidding process is a request for proposals and the contract award is not solely based on the lowest bid. The number of contractors who do this kind of work is limited, and the processes vary from one contractor to the other. The bid package was designed to collect information on qualifications, process, schedule, and bid amount so that staff could evaluate the alternatives and pick the option that best fits our needs. The Board may also choose to reject all proposals if they do not feel that any proposal is acceptable. Summary of the three proposals received: Hydro-Vac Inc. Tracy & Sons, Inc. Carl Bolander & Sons Co. Vacuum truck, Belt press system, add polymer, Add thickening agent, excavate, haul away sludge. extract water, haul away sludge. haul away sludge. Bid of $327,000 Bid of $300,000 Bid of $188,695 Complete late summer 2004 Complete early summer 2004 Complete December 2003 Board members and staff are concerned that the lowest bid is unusually high, especially in proportion to the original construction costs of the alum pond. In addition, the District is very concerned about protecting their investment in pond restoration efforts since the pond was constructed. Although the construction limits are clearly stated in the bidding documents, staff is seeking assurance that Bolander is fully aware of their responsibilities and can still honor the bid they submitted. Staff recommended that an interview be scheduled with Bolander to gather more information related to their proposal and to determine the amount of disturbance to expect. Brad noted that Bolander's estimated completion date meets the District's requirement for a fully-operational treatment facility for the 2004 stormwater treatment and monitoring season. He pointed out that the bids will expire in 15 days, and Board action will be needed before next month's meeting in order to maintain the construction schedule. Page 2
Motion: Paul Ellefson moved, Bob Johnson seconded, to authorize staff to further review the alum plant sludge removal proposals, and, in particular, to conduct an interview with Carl Bolander & Sons Co. to get a better understanding of their proposal prior to making a recommendation on award of the bid. Motion Willow Creek (Park Construction, contractor) Brad reported that the project will be substantially complete by the middle of next week. A number of unexpected issues are addressed in Change Order No. 2, as distributed to managers at the meeting. A majority of the costs relate to an overlooked catch basin on Saturn property that needs to be connected to the new pipeline. Another major issue involves changing the easement alignment to cross Saturn property instead of Burlington Northern Santa Fe railroad property. Brad reported that the total cost of the change order cannot be finalized until staff obtains costs for Items CO 2.6 and CO 2.7, but it is anticipated that they will cost under $3500. Motion: Jack Frost moved, Bob Johnson seconded, to approve Change Order #2 to the Willow Creek Drainage Improvements Project, at a dollar amount not to exceed $29,000, to (1) change pipeline alignment to cross Saturn property due to problems in securing easement from the railroad, (2) change catch basin riser installation due to MnDOT pipeline being 1.6 ft lower than planned, (3) install parking lot apron, (4) remove buried septic tank (a cost to Buerkle Enterprises), (5) connect an overlooked catch basin that drains the Saturn parking lot, and (6) connect a drain from Buerkle Honda water quality pond into pipeline. Motion Battle Creek Sinkhole Investigation The September 22 video inspection of an old corrugated metal pipe discovered in August revealed that it leads to the sinkhole and groundwater upwelling area that has been a continuing problem since the early 1990's. Staff recommends that the District follow through with the appropriate repairs to include: excavation work to locate the entire length of the pipe, preparation of plans for rerouting the old pipe into the District flood flow pipe, and repair of the corrugated pipe as needed to minimize future problems. The current fund balance will cover investigation and planning costs, and depending on the scope of repairs needed, it could be added to the CIP Maintenance/Repairs 2004 project schedule. Motion: Bob Johnson moved, Roger Lake seconded, to authorize staff to proceed with further investigation of the sinkhole problem in the Battle Creek Lower Ravine so that plans and specifications for repair can be prepared. Motion Natural Resources Update Natural Resources Board - LEAP Awards Program: The 2003 Landscape Ecology Awards Program winners were announced. Each winner received a framed Certificate of Appreciation, a $25 gift certificate for native plants, a DNR "Restore your Shore" compact disc, and a LEAP Award yard sign. Public and Commercial: Norm's Tire in Little Canada Cowern Elementary School in North St. Paul Keller Golf Course in Maplewood Residential: Deborah Conway in Little Canada Joan and Mark Strobel in Maplewood Mary Stefansky in St. Paul Thomas and Diane Hovey in Maplewood Pamela and Edward McNally in North St. Paul Jay Bros., Inc., Liquidated Damages Appeal The Board packet included Tracey Galowitz' September 23, 2003, memo in response to last month's motion that staff return with a recommended adjustment to the liquidated damages withheld from the contractor on the CIP Maintenance/Repairs 2002 Project and the Battle Creek Lake Area Flood Protection Project: Staff's position remains that communication issues were not a "two-way" problem as asserted by Jay Bros., and rather, the contractor failed to follow through with the project requirements and failed to communicate their difficulties to the Project Manager. If the Board chooses not to assess all liquidated damages incurred, the logical date to begin assessing damages would be after December 21, 2002, which is the completion deadline specified in correspondence to the contractor dated November 13, 2002. All relevant work items outlined in that letter were not completed by the deadline. The liquidated damages from that point total $16,307.78. Page 3
Tracey announced that Mark Jay's fax dated September 30, 2003, states that Jay Bros. will accept the reduction in liquidated damages to $16,307.78. Motion: Jack Frost moved, Pam Skinner seconded, to accept the staff recommendations as outlined in the Tracey Galowitz memo dated September 23, 2003, to amend the amount of liquidated damages originally assessed by Board action on July 9, 2003, resulting in a combined total of $16,307.78 in liquidated damages to be assessed against the CIP Maintenance/Repairs 2002 Project and the Battle Creek Lake Area Flood Protection Project, and to authorize staff to process payment to Jay Bros. for the balance due based on the amended figures. The motion carried with four ayes (Lake, Skinner, Frost, Johnson) and one nay (Ellefson). Roger brought up for discussion whether the District should impose additional requirements on Jay Bros. in the event that they were to bid on future District projects. Cliff believes that Jay Bros. has established a performance history with the District that resulted in the liquidated damage assessments, and it would be appropriate for the District to inform Jay Bros. of the conditions that must be met before the District can consider Jay Bros. to be a responsible bidder on future projects. Paul suggested instead that the District further clarify the criteria used to determine responsive bidders in general. Tracey commented on the considerable effort put forth by staff to try to move these projects towards completion and urged the Board to make a decision that is based on what is good for the public. Motion: Bob Johnson moved, Jack Frost seconded, to direct staff to draft a letter for Board consideration that is addressed to Jay Bros., outlining the performance conditions that must be met prior to the District's acceptance of future bids from Jay Bros. Motion 6. ADMINISTRATOR S REPORT MAWD Resolutions Pam commented on this year's MAWD Summer Tour when she had learned about the effectiveness of 10-foot vegetation buffers at significantly reducing the amount of contaminants reaching waterways adjacent to farmland. She proposed a resolution for the Board's discussion and consideration for submittal next year: WHEREAS it has been determined that a 10-foot undisturbed vegetative buffer along waterways can effectively reduce contaminants and runoff from entering waterways, NOW THEREFORE LET IT BE RESOLVED that all Minnesota waterways should maintain a minimum of a 10-foot undisturbed vegetative buffer. Discussion was held on the need for research and funding to compensate landowners in order to gain support for the resolution. Fleet Farm Gasoline Spill and Potential Contaminants Request for Presentation Discussion was held on Pam Skinner's request for presentations to be made to the Board on the following topics: wellhead protection programs within our District and containment of potential contaminants. She would like to learn what the District can do to prevent spills, such as the September 17 event at Fleet Farm, in an effort to protect our groundwater resources. Roger expressed interest in the wellhead protection programs set up by Oakdale and North St. Paul. Bob commented that Ramsey SWCD had been looking into wellhead protection and thought it would be good to get an overall picture. Paul asked what cities do in terms of hazardous substances. The Board directed Cliff to do some research on these topics before scheduling the presentations. Paul suggested that in January, the Board should lay out a list of presentation topics for the whole year. Correction to August 13, 2003, Minutes Motion: Roger Lake moved, Bob Johnson seconded, to correct the minutes of August 13, 2003, to insert a new paragraph #6 of Page 2 as it relates to the Afton Heights Park Improvements permit as follows: Motion: Bob Johnson moved, Jack Frost seconded, to approve Permit #03-45. Motion The motion to correct the minutes West Vadnais Lake Outlet Status Report Cliff reported that a proposed overflow route into our District was proposed at the last meeting. The installation of a gate valve in the system is being considered which would be open during low flow periods but closed during rainy seasons to avoid overtaxing the storm sewer system. The District would need to have control over this overflow pipe and gate valve. Brad felt that the additional 2 cfs of flow is negligible and Page 4
could be controlled through the pipe system alone, but since there is so little freeboard in the Owasso Basin, he wants to confirm that it would not be an issue. Another option was raised as a result of MnDOT's planning process for the Unweave the Weave Project, which is currently underway for the same general area. It involves creating additional storage by expanding an existing pond in the area between the Knox and Levitz properties on Country Drive. Cliff stated that the Unweave the Weave design deadline is coming up quickly, and the District may be asked to act as a "bridge" for the state in order to acquire this additional land in order to resolve the West Vadnais overflow problem in a timely manner. 7. TREASURERS REPORT AND BILL LIST Motion: Bob Johnson moved, Jack Frost seconded, to approve the Bill List and also the Supplemental Bill List for October 1, 2003. Motion Cliff reported that this month's payments include paying out the balance of Phalen Wetland Project Fund 531 to the City of St. Paul in order to close that account. 8. SPECIAL ORDERS Well Sealing Resolution No. 03-15 Motion: Jack Frost moved, Bob Johnson seconded, to adopt Resolution No. 03-15 to approve cost share funding for seven well sealing program applications. Motion Schmelz Volkswagen Innovative Stormwater Management Grant Resolution No. 03-16 Motion: Bob Johnson moved, Jack Frost seconded, to adopt Resolution No. 03-16, which authorizes a $20,000 grant to Schmelz Volkswagen from the Innovative Storm Water Management Grant fund towards their costs to install a permeable pavement parking lot surface as an alternative to the conventional paved lot and detention pond concept. Motion Ramsey SWCD Cost-Share Grant Resolution No. 03-17 Motion: Jack Frost moved, Bob Johnson seconded, to adopt Resolution No. 03-17 to authorize an FY2004 contribution of $10,000 towards a multi-county shared staff position (Urban BMP Technician), which will enable the Ramsey SWCD to expand their Native Vegetation Landscape Restoration Program. Motion 9. MANAGER PRESENTATIONS Washington County Water Consortium Jack Frost reported on recent Washington County Water Consortium issues: The county has suggested that all watershed districts look into the Government Finance Officers Association award program which encourages excellence in financial reporting. Only the South Washington and Rice Creek watershed districts will be making budget presentations at the October 29 Board meeting. The county is concerned about problems caused by watershed boundary changes that cause the splitting of lots. The county is trying to secure matching funds by collecting WCA reportable activities incurred by watershed districts. 10. ADJOURNMENT Motion: Bob Johnson moved, Pam Skinner seconded, to adjourn the regular meeting at 8:20 p.m. Motion Respectfully submitted: Robert Johnson, Secretary Page 5