the um the Brainer Public Utilities Commission meeting for Tuesday, December 23rd, 2025. Call the meeting to order. Roll call, please. >> Higgins, >> here. >> Matt, >> here. >> OD here. >> Ang >> here. >> All rise for the pledge of allegiance,
please. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. >> Okay, we'll move along to approval of
the agenda. >> So move second. >> Okay. U motion and a second. Any further discussion? All those in favor say I. I. >> All those opposed, same sign. Motion passes. Okay, we'll move on to the consent calendar. Notice to public, all
matters listed are considered routine by the commission and will be albeit enacted by one motion. There will be no separate discussion of these items unless good cause is shown prior to the time the commission votes on the motion to be adopted by roll call. Do we have a motion?
>> So move. >> Second. Okay, we have a motion in the second. Any further discussion? Hearing none. Roll call, please. >> Higgins, >> yes. >> Mattton, >> yes. >> Od, >> yes. >> Anglet, >> yes.
Okay, we'll move on to public forum. This time is allocated for citizens to bring matters not on the agenda to the attention of the commission. Time limits may be imposed. Is anyone here for public forum? Okay. Anybody online?
Okay. All right. With that, we'll move on to commission committee reports. Personnel committee. >> Uh actually, aside from what we're going to go over in our packet, and I think that was just the meeting to go over the uh potential new job description um to
bring to the city council if this board approves it. So, >> okay. Well, thank you very much. So we will move on to and discuss approve water wastewater operator job description and recommend to city council for final approval.
Anybody like to speak to that? >> Yeah, I can speak to that Mr. Chair. Um so upon review of the roles and responsibilities of our current wastewater and water operators at each facility, uh the management team is presenting a new combined position to backfill the current vacancy at the
wastewater treatment plant. Um that new job description is shown attached uh to this agenda. Um the personnel committee did review and discuss this proposed job description at its meeting on December 10th. Um the purpose of the new position
is to consolidate uh responsibilities between our wastewater and water operator uh water operator staff into one single hybrid position. Um the approach is really to try to get some operational flexibility at both the
uh water treatment plant and wastewater treatment plant. Um by creating the role, the management and operator staff will be better equipped to respond to operational needs as they arise or maintenance needs at either facility. um related to the new position uh for
current employees at the water treatment plant or wastewater plant. The operators will have the option to reclassify into that new position if this is approved by the city council. Um uh provided that they meet the minimum minimum qualifications of the combined job
description. um during that classification process and within the city's employee policy manual, they would uh be able to reclassify and would advance to the next step on their wage grid with at least a 3% minimum increase.
Um just for a little bit of uh process um if the commission approves the job description today and the city council further approves that at their next meeting. The next steps would be to um negotiate the wage rate with IBW and then once that wage agreement is
reached, it would be presented to the commission and city council for final approval. Um, we are recommending a staff and from the personnel committee to approve the attached water wastewater operator job descript uh description and uh recommend forwarding that to city
council for their review and approval of the job description. >> Okay, thank you Paul. Anybody have any questions, comments? >> I may. >> Yes, Jeff. >> Um, does anybody know the um what kind
of um this combined position is it uh very popular across the industry or are these kind of isolated positions? Does anybody know that? >> Hi. Yeah, Jeff. Um thank you for the question. Um we're seeing throughout our
industry where we see a combining of operational and troubleshooting uh tasks that align very closely. So, if we look out at surrounding communities, you'll see a water wastewater operator um
hybrid positions coming just because of the tailoring of our technologies, our skater systems, our equipment. Um they're a lot a lot alike if I can say that. >> Okay. Thank you. >> Yes, Dolly. >> So, just a couple more things. So the
job des um the job requirements um include both holding water and wastewater licenses which um our current wastewater operators already hold both necessary licenses and can transition um easily. So, you know, when I looked when we talked about this initially and we
looked at this um just the fact that our our employees are pursuing additional per permit or certifications um and education, I I just have to commend because it is a great way to be able to fulfill a dual role and I I really
commend the leadership team and encouraging employees to continue to uh educate them, get education um and get those certifications and qualifications. So I just um with going with your question, Mr. Chzach, I I I believe that this is going to become a wave of the
future. Um that this is going to be an necessary thing anyway. So I do I commend the staff and and the employees for taking the initiative. >> Yeah, great point. Any other questions from commissioners? >> I'm hoping for a motion from Dolly.
>> I would move to approve the new job description and forward on to city council for approval. I'll second it. >> Okay. Motion to second. Any further discussion? >> The only problem I see with the whole thing is it took Paul a little bit too long to read it. So,
>> see if you can do better next time, Paul. >> I'll try my best. >> All right, we have a motion to second. Uh, we've had discussion. All those in favor say I. >> I. >> All those opposed, same sign. Motion carries. Thank you very much. All right, we move on to the finance and operations
committee. any update? >> No, >> I we me and we had a quick meeting this week um and just kind of went over where we're at for the end of the year. Everything looked good. I don't think there's
nothing to report, but we did have a meeting. >> Yeah. Great. >> Okay, Mark, you're sticking to your promise. >> Y Okay. All right. We'll move on to uh
unfinished bit business. So see attached separate memo regarding updates on unfinished business. Uh we do have the unfinished business memorandum. So would anybody like to make comments? >> I um is that by chance up on the screen
or anything that uh that memo or do we have that just in front of us as we sit here each of us? >> It is up on screen. >> Okay. Can we go to that where it talks about the um ordinance 705? I believe >> the rewrite of Brainer city code section 705 water system.
>> Yeah. You want to just read the first line or two for me? >> Yeah. The revision of section 705 has begun and it's currently underway. This effort was identified at the July commission meeting and has been progressing since then. Community development director Kanook
has received updated changes from all staff incorporated them into the city code format. And the draft is now undergoing final internal review before being forwarded for legal review. In quarter 1 2026, staff will re-engage this process and ensure that the process can be
accomplished or can be completed in 2026. >> Okay. And at the very top there, it gives a date of like July or what is it? 2023 was it >> when it first became >> June 27th. >> June 27th, 2023.
>> Okay. I just um it seems like it that first line there kind of contradicts that. It seems like we we've been kind of dragging our feet on this. That's all. But as long as it's getting moved on, that's it seems to be taking a long time. So,
>> by can commissioner uh or council leazison Chzach um I just got through a review of the entire ordinance um when I first started here. Danny and Trent pass that on to me so I could do a thorough review of it and see if there's anything that we're missing. Um, we have a
meeting uh scheduled that I sent out this morning to look that over with Danny and Trent and then from there we'll be forwarding forwarding that on to the city attorney for uh final review um and then uh go to the city council for um review and approval of that
ordinance language. This is about what a 60-page document is it was to 20 I forget. >> About 20 to 30 pages if I remember right. >> Okay. Just a quick read for you Mike. >> Trying to get done in a hurry. Jeeoff.
Just saying. >> Shouldn't have said that. >> Does anybody have any comments or any other questions, comments regarding this memo? >> Okay. Thanks again for having the on the last page what's been completed in each year. I think that's nice also to keep
track of what we've been up to. So, all right, we'll move on to new business and we'll begin with approve Bolton and Mink's proposal for design and construction engineering services for the 2026 lead service line replacement project uh with Highway 210 and Northeast
Brainard. >> Thank you, Mr. Chair. Um so at the last meeting um the commission reviewed a proposal from Bolton Mink uh for lead service line replacement project. Um that was strictly related to the um the
city's reconstruction and resurfacing program for 2026. Um we split these projects up this way because we wanted to ensure that um the coordination efforts between um the city's uh construction project and our
lead service line replacements were seamless in nature. And so uh you the commission did review and approve the the proposal for uh Bolton and Mink to do the lead service line replacements that are adjacent to the city's reconstruction resurfacing projects at
the last meeting. So, uh, just a quick reminder, the, um, the utility was allocated around $2.6 million, uh, for 2026 to cover lead service line replacements. Um, we figure
that that's going to get us between 120 to 150 service line replacements. There was about 60 lead service lines, 60 to 70 in the reconstruction resurfacing project limits. And so in order to utilize the in total amount of funding
that we've been allocated um this separate project is coming before the commission um which will really focus on a couple of services along Highway 210 um in their first year of construction for that project and then uh we're starting on kind of a phased approach
and working across Northeast Brainard starting at Gillis Avenue going to First Avenue and Second Avenue and trying to get as many lead services that have been identified or galvanized services that have been identified done for that $2.6
uh million. Um so the proposal in front of you today um is for that specific project. The project plans and specifications must be submitted by March 31st, 2026. We've already had a kickoff meeting with Bolton Mink for the
city reconstruction resurfacing project. Lead service line replacements. We would plan on having another one for this project. um and kick this project off um with uh materials going out to residents uh right after the first of the new year um
to get them signed up for the replacement program. The total fee from Bolton and Mink that includes design, construction, and property owner coordination is for $191,750. That equates to about $3,000 per service
in design fees. So MDH caps um these service line replacements at 25,000 per service and so that leaves us about 22,000 per service line uh which would be that capped limit. Um on historical projects that I've worked on um we were
seeing anywhere between 15 and 20,000. So I think we're we're plenty safe. Um and it really depends on the construction method that we'll be um looking at in more detail with Bolton and Mink as we move through the design process. So, uh, staff is recommending that the commission approve the Bolton
and Mink proposal for the 2026 lead service line replacement project for Highway 210 in Northeast Brainard in the fee not to exceed amount of $191,750. >> Okay. Thank you, Paul. I make a motion to approve as staff recommended.
>> Second. >> Okay. Motion in a second. Any further discussion? >> I just have a few questions. Yes. So the the uh the 2.6 million if if we're 2026 is just to cover these particular areas that we're discussing, but we identified
a,046 service lines. So that's just for 2026. So what is a property owner to do and are we only notifying the people in these these sections here that we're working in? Um what's what's the outcome for future financing? And I mean, can you shed a little light on some of that?
Yeah. So, we are on the um the Minnesota Department of Health's project priority list for upcoming years of lead service line replacements. They have capped our amount because right now there's all the cities in Minnesota are going through the same process. So, we are slated for
that 2.6 million um over the next for the foreseeable future. Um >> per year. >> Uh yep. For the foreseeable future. Um it's just really going to come down to how long that funding stream lasts. Um, I think the most up-to-date timeline to
have our system completely lead free is 2033. And so, um, as these projects come about, um, we'll continually kind of work in that phased approach across our heavier service line areas to keep our projects kind of consolidated. Um, but,
uh, we're hoping that that 2.6 million just keeps coming in the door every year and we can knock off 120 to 150 services for this project. the uh the property owners that will be affected by the project are the only ones that are getting sent notice. We do have separate notices that have already gone out the
door every year. We need to send out notices to residents that have a known or unknown galvanized service line. Um they need to get a notice every year and that has to be certified to the department of health that we've notified that resident. >> Okay. So, so I guess moving on with
that, um, what what are the implications if funding runs out and we've identified these uh to the property owners? And then that part two, my very first next question is if we've got uh renters and landlords and I mean, if we can't get
into the buildings or if we or the the structures uh you know, is that going to pose a problem? And where does that leave the property owner um if it doesn't get done during this time? >> Yeah, so um right at the beginning of the project um there'll be a packet of materials that are sent out to the
property owner um and there's an agreement that's attached to that that basically says here's the property owner's responsibilities. Here's the utilities responsibilities. These service line replacements are coming at no cost. It kind of works them through what is a galvanized service line, why
are they a problem, etc., etc. But in order for us to move forward with replacing their service line, they'll need to sign that agreement. There is a section in that agreement that says that I do not want to participate. >> Okay. >> Um All right. In the program. >> And so I guess that would So that was
I'd jump the gun on that. So that second part of the question was for those property owners outside these areas that have are known to have that if funding runs out where where are they left? >> That's a good question that I don't know if anyone can answer at this time. So most of the lead service line funding
came through the IIGJA um infrastructure bill by the federal government. Um and you know with everyone tapping into this funding source right now I think MDH is working through to try to get everyone some funding to start working through
their known service lines. We are very high on the list because we have a large number of them like the city of Duth Brainer um some of these older cities that have a lot of lines. But what we know right now is on the PPL, we've been capped at that 2.6 million a year. Um,
for the foreseeable future and past that point, unless more funding packages come along at the federal or state level, um, we'll have to kind of take it as it comes, I guess, uh, when we get to that 2033 2034 timeline. >> So, last quick question on that one. If
somebody does say, I don't want you to come do this. I'm going to I I'll whatever. I'll just deal with my galvanized line. Could somebody outside the area in order to in order to utilize the 2.6 million, could somebody outside the area say, "You know what? I'm close
enough. Could I could I be part of that?" >> Right. Yeah. So, right now, that 60 to 65 service lines as part of this contract is really an estimate until we start diving into quantities. And so, we'll add more on >> to the project as we go and get them um
so we can utilize that full funding amount. >> Okay. Thank you very much. >> Yep. >> That's all I have. >> Okay. We have a motion, a second, and we've had discussion. All those in favor say I. >> I. >> Those opposed, same sign. Motion carries.
We'll move on to item B and uh Mr. Sandy. >> Thank you, Mr. Chair. So, uh, BPU staff and more specifically Trent, uh, has been in some discussions with Eden Renewables LLC about a potential so solar project that could supply power to
BPU. um and potentially result in a purchase power agreement between the parties. Some of the preliminary discussions we've had are just related to this confidentiality agreement. Um and so uh before Eden Renewables had sent us a version of a confidentiality
agreement they've used in the past um and speaking with our uh legal council um they provided us a draft of a confidentiality agreement that meets uh the data practices act. Um and really it's to um protect the developer from
disclosure of uh trade secret data. Um in discussions with both the city attorney and the legal council that's been working with us on these uh renewable projects, um the city doesn't have any trade secret data and so
anything that we produce on our end is uh public uh facing knowledge that you can do a data practices request. um this agreement is solely for the purposes of them protecting what they consider trade secret data um moving forward into the
negotiation process. And so there is um language in that confidentiality agreement that um if they do have items that they have disclosed as trade secret data that they need to make sure that's clearly identified on the documents when they get sent to us. And this is really
to um just protect the developer in any um negotiation process from disclosing what their rate is or whatever that might come that they consider trade secret data. So um this has been reviewed by both attorneys and approved of. Um it meets data practices act
requirements and we're just looking for authorization to enter into this agreement with uh Eden Renewables uh for this potential project. >> Okay. Thank you Paul. Any questions from commission?
>> Move to approve the confidentiality agreement with Eden Renewables. >> Okay, there's a motion. Is there a second? >> Second. >> Okay, motion to second. Any discussion? Okay, hearing none. All those in favor
say I. >> I. >> Those opposed, same sign. Motion carries. Okay, we'll move on to staff reports. Seated administrator report. >> Thank you, Mr. Chair. In addition to my written report, just had a few comments. Charter Commission did meet last week.
Staff received some good feedback from that body, a joint body. Uh we are working on making some edits to that document and we will be representing in January. Uh Paul and I are actually working pretty closely on some of those edits that we've received last week.
Second thing, I just want to wish everybody a merry Christmas and a happy new year. Uh it's been a good year. Looking forward to a fun 2026. And lastly, and I'm sure there'll be others that will say the same, I just want to thank Commissioner OD um for your decades of service to the city in a
variety of capacities. >> So, uh just congratulations on a very successful career and uh enjoy your next adventure in life, whatever that might be. >> Thanks. Um, other than that, I'd be happy to take any questions if you have them. >> Okay. Thank you. Any questions for the
city administrator? >> Okay. Same to you. Merry Christmas. All right. Council leaison report. Mr. Chz. >> Thank you, uh, Chair England. Yeah. Um, you know, my my brakes don't break. My starter doesn't start. My generator
doesn't gen. My pistons don't um don't work. And um I just want to echo what Mr. Bro said to Mr. uh OD. I mentioned this at our last council meeting. I appreciate the time he spent on the city council and service here on the utility
commission. I appreciate everybody else's input and uh participation as well being willing to come up here and uh go through the information, take the time. It's an effort and um I uh want to extend a very
merry Christmas to all of you and a happy new year as well. That's all I have. Thank you very much. >> Thank you, Jeff. Any uh questions, Jeff? All right, same goes for you as well. HR director report, Chris.
>> Well, good morning. Um I've worked with Mark for many years. Um, with that said, this is also my final meeting as well for the public utilities commission. So, wish you all the best in the future and merry Christmas to you all. >> All right. Thank you, Chris. Same to
you. Any questions, comments for Chris. >> All right. Public Utilities Directory Report. >> Um, thank you, Mr. Chair. So, besides what's written in your packet here, um, just want to kind of couple of highlights. Uh Danny and Charlie and I,
we did attend the Mezerb uh annual legal legal, regulatory, and legislative update conference at Arowwood Lodge between December 4th and 5th. Um it was Danny's and I's first time uh attending that conference and I think we gleaned a lot of information um from the
conference um mostly related to the regulatory environment that we're kind of seeing um on the MPCA side at the wastewater treatment facility. um also gave us um some sessions on um cost of service and rate studies which was very helpful I think from Danny's side um and
from my side moving forward um you know in addition to those formal presentations we had some um interactive discussions and opportunities to explore best practices with other organizations which I think is um a huge part of those uh conferences and talking with peers
and other communities that are dealing with the same things that Brainer is dealing with. Um we did have a joint wastewater management board meeting on December 11th. Um and that was to review the pro uh progress on the wastewater treatment facility plan. Um during the meeting we
reviewed a detailed presentation from Bolton the Ming summarizing the development of the facility plan and really outlining liquid treatment process alternatives uh to the board. um that board packet and the minutes um will be available for anyone to view um
on how those conversations went. But I think they were very valuable conversations and they'll be moving forward um onto the bioolid side here for the the next wastewater management board meeting. Um otherwise uh we've had a couple of uh
uh water main uh issues here in the last few weeks and I just want to extend a a thank you to our staff. Um, one of the breaks happened on probably the coldest day of the year so far, which was, um, it's it's always great to see the collaboration that takes place when something like that happens. Um,
yesterday was another great example. Uh, the sewer crew was over there helping them keep the hole clean uh, out on Mill Avenue and that project got done, you know, in about four or five hours uh, to repair a water mane in Mill Avenue. So, um just a huge shout out to staff, you
know, without um them responding and being there during the coldest day of the year. Um it's just it it goes to their drive, their work ethic, and um being able to respond to those emergencies when they arise. So, I just want to do a a shout out to staff in that regard.
Um, besides that, I hope everyone has a merry Christmas, uh, happy new year, and we'll look forward to 2026 as we, uh, pursue a lot of large projects. So, looking forward to that. >> Okay. Thanks, Paul. Any comments,
questions for Paul? >> Only one question. Um, sorry, I'm sorry. Um, the BlueAream PDF software that you talked about, is that what the street department currently uses? >> Uh, no. So this is more for um like administrative staff um and sharing of
project information between city departments. So for example, if James Cranvic gets in a development project, um Blue Beam um allows you to create a session where everyone can collaborate on the same document >> rather than passing documents back and
forth through email where stuff gets lost. And so um it's very heavily used in the consultant industry. Um, it goes, you know, Mikey, I'm sure you guys, I think you guys have been implementing it just now. >> Um, and so it also allows that cross collaboration with our consultants um,
when they have submittals to review. >> Awesome. Thank you. And awesome report. Thank you very much. Appreciate that. >> Okay. Thank you, Paul. Move on to the finance manager report. Danny, >> um, thank you. Uh, I guess to just
highlight some items in my report. I don't have anything addition to my report, but uh the Tyler payment processing and and converting from our credit card processing fees going to customers and when we said it was not going to be delayed, it has now been
delayed with uh some challenges with approvals uh at the IRS from Chase Bank, but that is being resolved this week. So, we should be able up and running by February. Um, but that has been an ongoing issue. Uh, Council Member Chzach
had some questions in the budget presentation as it relates to the hydro facility in the 2026 budget process. On the first page of my report, there's some information there. If anybody has any questions, I'll be happy to answer them. Uh, I guess with with that, I wanted an
extended thank you to Mark in helping me over the last two years be brought up to speed and answering all my questions and then asking questions as well. Uh, we appreciate his time and uh, with that, I will be glad to answer any questions and everybody have a merry Christmas.
>> Okay, any questions for Danny? >> All right, thank you very much. operations manager report. Trent, >> thank you, Mr. England. Um, nothing to add to my report. Uh, just want to extend the happy holidays to everybody and thank you for many years of service
um from Mark and Chris. Uh, you know, we don't get here today by accident. So, people are here before us and we appreciate all that. And as we put a close of 25, we look forward to going at 26. Thank you. >> Bet. Any questions for Trent? Thanks for the graphs. That's how I
absorb information pictures. All right, Charlie. Uh, thank you. Um, I don't really have anything unless there's questions on the report that was presented in front of you. Uh, again, merry Christmas, happy new year to all staff and thank you for
Mark and Chris's long years of dedication and support throughout our endeavors and hopefully looking forward to 26 and bright future. Thanks, Charlie. Anybody have any questions, comments for Charlie?
>> You guys do too good of a job. There's no questions for you. So, what can we say other than nothing, I guess? Uh, all right. We'll move on to commission member reports. Mike, is it your last meeting, Chris? Well, I guess congratulations on your
retirement and thank you for your service. >> I'm retiring effective January 23rd. >> Okay. And Mark, same to you. It's been a pleasure sitting here with you for the last year. I've learned a lot. Um, I've been challenged by some of the arguments and the back and forth and I appreciate
that. Um, Trent, uh, you guys killed it on the water man debacle. Um, I wanted to say how I mean I've been there, you know, I've had to do that in the middle of the winter. I've had got the phone call at 4 in the morning when
it's 20 below zero that the water manes broke and there's water squirting out of the ground and blah blah blah and I happened to drive by there six or seven times yesterday and just the coordination and you know make sure the staff knows that we I understand that
and respect it and appreciate how fast they work. >> Absolutely. >> So um other than that, merry Christmas everybody. >> Yeah, you too, Mike. All right, Mark, >> what's your thoughts? What's your comments?
>> I just want to everybody worked with over the last 15 years. It's been a good run. Um staff is great. All the commissioners I've worked with have been >> a pleasure to work with and uh you know over the years the the commission
members that have been appointed just keep getting better and better. So, uh, your dedication is is, uh, appreciated and, uh, it's been a pleasure. And thanks. >> All right. Thanks, Mark. Time to grill him with questions, guys. One last
chance. >> No, I'm done. >> Okay, Dolly. >> Um, Chris, good luck to you. I'm I'm sure we'll see you around for the next month. But uh but it's been a pleasure and and Mark, I can't say enough for somebody who sits on city sat on city
council for decades and then turned your expertise and knowledge to Brainer Public Utilities. You you you know make people think and and it's been very much appreciated and I certainly hope you don't fail at retirement.
>> I do hope that you look at maybe coming back. >> I'm going to become an alcoholic. I figure it won't kill me at this stage. >> Is that how you dropped the mic? I think he just dropped the mic at least. >> Yeah. >> What do you mean become?
>> All right. Well, yeah. How could I follow that up? Well, uh, no, I I this time of year, we we obviously all think about what we're thankful for and, uh, I certainly I think we're all thankful for the people that we get to work with, uh, that we get to show up every day and, uh, all of our staff and
our our customers, too, right? So, uh, I just extend a happy holidays to everybody. Merry Christmas, happy new year, and to Chris and Mark, yeah, job well done, and please enjoy uh, retirement and don't forget about us, though. We we'll be here for you. So, all right. I think that's all I have. Is
there uh a motion to adjurnn? >> I'd like to make a motion to adjourn to the joint charter meeting. >> Is it set? >> Okay. And that meeting is is there a set date?
>> Okay. But it will occur potentially before our next >> January 17th. >> Okay. >> So, do we need to adjourn to that? >> Technically, >> as a courtesy, I would check with Chairman Ship. It has not been identified yet as a joint meeting. I
presume it probably will be, but I think I would check with Chairman Sche um just to make sure that it's a joint meeting. It's up to you. You can make a motion to whatever you want, but I >> Well, I'd like to adjourn to that and then we'll talk to Ship in the meantime.
>> Okay. >> No, I think that makes that makes perfect sense. >> You have any comments on that? No. No. Okay. Second. >> What's that? >> Seconded. We have a motion second. All right. Motion and a second. Any discussion? Hearing none from Mark. All those in
favor say I. >> I. He's like, >> "Wait, did he motion passes? >> Did someone say 35 minutes?" Because it was literally exactly >> Merry Christmas. That was for you.