2.3 ERMUSR 08-09-2022Elk River Municipal Utilities Commission Meeting Minutes
July 29, 2022
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ELK RIVER MUNICIPAL UTILITIES
SPECIAL MEETING OF THE UTILITIES COMMISSION
HELD AT THE UPPERTOWN CONFERENCE ROOM
July 29, 2022
Members Present: Chair John Dietz, Vice Chair Al Nadeau, Commissioners Paul Bell, Mary
Stewart, and Matt Westgaard
ERMU Staff Present: Theresa Slominski, General Manager
Mark Hanson, Deputy General Manager
Melissa Karpinski, Finance Manager
Tom Sagstetter, Conservation & Key Accounts Manager
Tom Geiser, Operations Director
Chris Sumstad, Electric Superintendent
Mike Tietz, Technical Services Superintendent
Dave Ninow, Water Superintendent
Chris Kerzman, Engineering Manager
Tony Mauren, Executive Administrative Manager
Others Present: Peter Beck, attorney with ERMU; Jim Strommen, attorney with Kennedy &
Graven Chartered; Justin Rice, project manager with RJM Construction; Kris
Hahn, project executive with RJM Construction; Robert Jossart, founder of
RJM Construction; John Brandel, architect with Kodet Architectural Group
1.0 GOVERNANCE
1.1 Call Meeting to Order
The special meeting of the Utilities Commission was called to order at 9:00 a.m. by Chair Dietz.
1.2 Pledge of Allegiance
The Pledge of Allegiance was recited.
1.3 Consider the Agenda
There were no additions or corrections to the agenda.
2.0 BUSINESS ACTION
2.1 Discussion of the Field Services Facility Expansion Project Schedule
Mr. Kerzman explained some of the challenges encountered in the Field Services Facility Expansion
project, highlighting issues with the concrete contractor which have caused delays to the schedule. He
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Elk River Municipal Utilities Commission Meeting Minutes
July 29, 2022
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then introduced staff from the project’s construction manager, RJM Construction, in order to provide
the Commission with projected dates for a temporary Certificate of Occupancy, a full Certificate of
Occupancy, and project completion.
Mr. Jossart introduced himself and RJM Construction staff.
Chair Dietz disclosed that he works for AME Red-E-Mix Inc., who the concrete contractor chose to
purchase materials from.
Mr. Jossart recapped delays in the project including a delay in receiving roofing materials which Mr.
Jossart stated should have caused RJM to move the completion date back, but that they believed they
could make up the time in later phases of the project.
Mr. Jossart explained that RJM Construction had sent notice of intent to terminate the contract with the
concrete contractor and having not received a response by the end of the previous business day, RJM
was moving forward with a notice of termination which requires a 10-day wait period. Mr. Jossart
explained that RJM will take over the work to be done prior to the end of the 10-day wait period. Mr.
Jossart added that RJM Construction is prepared to take over for any other subcontractor who does not
perform its work and that this will not create a cost impact for ERMU.
Chair Dietz asked if RJM was going to hire another concrete contractor. Mr. Jossart explained
that RJM would self-perform the work.
Mr. Jossart explained the biggest task would be to correct the steps completed by the
contractor.
Commissioner Westgaard asked for the projected milestone dates.
Mr. Jossart shared the following projected dates:
• Temporary Certificate of Occupancy – on or before August 19
• Full Certificate of Occupancy – on or before September 16
• Full Project Completion – on or before October 14
Mr. Kerzman asked how much time after August 19 ERMU will have to vacate an existing
building which is planned to be torn down as a part of the project. Mr. Rice responded there
are five weeks scheduled for equipment and materials to be removed.
Chair Dietz expressed his concern that the landscaping would not be complete before winter,
prolonging the incomplete look of the site for the neighborhood. Mr. Hahn responded that
landscaping would be a priority.
Chair Dietz noted there had been challenges with the initial steel contractor at the beginning of
the project. There was discussion.
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Elk River Municipal Utilities Commission Meeting Minutes
July 29, 2022
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Commissioner Bell noted the were quite a few punch list items for the concrete contractor to
complete and he wondered how they would be resolved. Mr. Jossart responded that if the
contractor can’t complete the work RJM will send them a bill. Mr. Jossart mentioned concern
with the lack of a performance bond with the concrete subcontractor, but that RJM would
ensure corrections get made.
Chair Dietz sought confirmation that the dates provided are hard deadlines. Mr. Jossart
responded, “On or before.” There was discussion.
Commissioner Bell asked what happens if these dates can’t be met. Mr. Jossart responded that
he would communicate that to the Commission personally, right away.
7.0 ADJOURN SPECIAL MEETING
The special meeting of the Elk River Municipal Utilities Commission as adjourned at 9:19 a.m.
Minutes prepared by Tony Mauren.
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John J. Dietz, ERMU Commission Chair
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Tina Allard, City Clerk
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