Duluth/North Shore Sanitary District – Board of Managers

Meeting # 62

 

Date:                                        March 9, 2005

Board Members Present:               Kevin Bovee; Rick Certano; Lars Fladmark, chair; Mary Ann Sironen;  Scott Smith,

 

Board Members Absent:               None

 

Others Present:  Scott Harder, Mel Olson, Eric Appelwick, John Miller, Clare Carpenter, Carol Surine, Mary Frances Skala, John E. Kessler, Larry Moon, Len Beardsley, Jeff Cook, Jane C. Gilbert, Steven Stingle, Sue Lawson, John Bowen, Jack Ezell, Dan Belden, Kurt Soderberg, Marilynn A. Kessler,

 

Minutes to:       Jim Anklam, Eric Appelwick, Mike Appelwick, Darryl Bathel, Dan Belden, Bruce Berg, Kelli Boedigheimer, Kevin Bovee , John Bowen, Clare Carpenter, Rick Certano, Jeff Cook, City of Duluth, Duluth City Council, Duluth Township, Lars Fladmark, Greg Garmer, Jane Gilbert, Mark Gottwald, Wendy Gustofson, Scott Harder, Mark Herman, Duane Herold, Lynn Ann Hollatz, Kevin Holm , Dan Jacobson, Laurie Johnson, Al Katz, John Kessler, Lakewood Township, Nancy Larson-St. Louis County, Sue Lawson, Patti Logergren, Mike Mahoney, Joe McGaver, Don McTavish, Larry Moon, Dan Neiman, Mel Olson, Wayne Parson, PLAWCS, David Pierson, Tom Pulse, Yvonne Rutford, Mark Schaus, John Schifsky, Dale Schroeder, Dick Sigel, Mary Ann Sironen , Mary Frances Skala, Scott Smith, Kurt Soderberg, Tim Strom, George Sundstrom , Carol Surine, Peg Sweeney, John Thomas, Nelson Thomas, Jonathon Thornton, Pete Weidman, Robin Whaley, Sandy Woolum

 

Minutes by:            Carol Surine and edited by Mary Ann Sironen

 

Item

Discussion

Action/Conclusion

Approve Minutes

●        Mary Frances Skala suggested a change in the format of the minutes, so that the signature line is at the bottom.

●        An error in the minutes was discovered:  the result of the vote on Karen Peterson’s deck was omitted.

●        Motion by Scott Smith and seconded by Kevin Bovee to approve the minutes, with the change in format.  Unanimously approved.

 

●        Motion by Rick Certano and seconded by Scott Smith to amend the minutes to show the vote as 4 in favor with Rick Certano dissenting.  Unanimously approved.

Treasurer's report

·         Clare Carpenter distributed the Request to Pay invoices for a total of $58,686.53.  This includes $1000 for Karen Peterson’s deck.  A late invoice from Carol Surine for $300 was added.

·         Bank Balance – March 1, 2005  is $475,277.16

Motion by Mary Ann Sironen to pay the outstanding invoices and approve the Treasurer’s report.  Rick Certano modified the motion to include the invoice from Carol Surine.  Scott Smith seconded. Unanimously approved. 

Updates

Jeff Cook

●        There are 10-15 buildings/homes still needing an I&I inspection.  Certified letters have been sent. Eric Appelwick will pursue changes in addresses or ownership. Mary Ann Sironen will try to contact the residents at the Edward Martinson residence where a certified letter has been refused.

●        Greenwood Road is in very bad shape and getting worse as the spring thaw occurs. Jeff Cook recommends that the Board instruct Frontier to arrange for a subcontractor to bring the road into a safe state or the township will have to do that and bill the District. Much restoration remains to be done.

 

Easements

John Miller reports that D/NSSD still needs an easement for the Lakewood Pumping Station. Suggestion was made to contact Alison Lutterman, the assistant City Attorney, either in writing or via e-mail, to encourage Bob Asleson, City Attorney charged with accomplishing this task, to expedite this easement.

 

Rick Certano will follow up with Alison Lutterman.

KR-LSD

Dan Belden said WLSSD has everything needed to submit the proposal for KR-LSD.  There is a question of flow, and then KR-LSD can move ahead.  Larry Moon described two questions remain that remain unresolved:  1) Cost of service, and 2) how to handle the Loren Mindestrom property.  Legally D/NSSD cannot serve that property because it's in Lake County, even though it is completely circled by D/NSSD sewer lines.  Mel Olson stated that all grinder pumps have run-time meters so flow to that property could be monitored and charged by volume.  Rick Certano suggested that D/NSSD include the flow from that property in with the rest of KR-LSD flow.  If KR-LSD is agreeable, D/NSSD would install the service and bill KR-LSD.  Mary Frances Skala said we would have to obtain approval for this process with WLSSD.

Communi-cations/

Correspond-ence

·         Scott Harder had e-mailed the draft of a Capital Assist Policy to the Board.  The loan agreement with PFA will require that D/NSSD have a thorough accounting of their capital assets.

·         The Lakeview Castle bill is now paid through the end of February.  

·         Mary Frances Skala inquired about independent contractors currently doing work for D/NSSD. They are 1) Joe Youngs who works on the I&I inspections; 2) Carol Surine, current minute-recorder; and 3) John Miller, who will soon be a corporation.

·         Three of 15 property owners responded to the letter on unpaid bills.  Mary Frances Skala suggested that D/NSSD send notice to coincide with setting assessments in September that informs delinquent payers  that any unpaid amount will be placed as an assessment on the individual  property.

·         Clare Carpenter will send the bill to Christine Penney, for the repair to her basement.  D/NSSD must reimburse Frontier, but legally cannot pay this bill.  Eric Appelwick will write the letter explaining this.

Legal Issues

There may be a short-term need to finalize a damage report for the S.J. Lewis matter.  Joe Mihalik may want to call a special (closed) meeting.

Construction Report

·         Frontier Pipeline is back on site preparing equipment to start construction in another month, depending on the weather and frost depth.

·         The treated lumber from Karen Peterson's deck has been disposed of in a landfill.

At this point the agenda was suspended for the presentation by Kurt Soderberg, WLSSD

WLSSD

 

Kurt Soderberg distributed information to all attendees.  This will be attached to the minutes.  It included:

·         Explanation of the need to eliminate sewer overflows and the importance of I&I inspections to keep clear water sources from the system

·         WLSSD addressed the overflow situation inn Duluth by installing back-up generators and increasing staff

·         WLSSD has been billing D/NSSD based on (actual flow X the ‘Typical Domestic Strength Charge’) which assumes a BOD (Biological Oxygen Demand) of 150 mg/l and TSS (Total Suspended Solids) of 130 mg/l.  WLSSD is reviewing the concentration assumptions and may raise them as much as 40% to reflect typical sewage strength.  Scott Harder has done a study for domestic strength charge.

·         WLSSD and KR-LSD have a signed agreement for D/NSSD to accept wastewater from the Knife River collection system.

·         Larsmont is beyond the Urban Services Boundary, and if sewer service were to be provided, it would be to serve the current failing systems, and not to allow for future development.

·         Additional sites for WLSSD dentention/storage tanks are planned for 60th Ave E below London Rd, 52nd Ave E, 18th Ave E, and 3rd Ave E. 

·         A discussion of development and expansion followed:

ü      Scott Smith asked if the type of development (a PUD vs a trailer park, for example) would influence whether it got a permit or not. Kurt Soderberg stated that once capacity is reached, that is the limit no matter what the development might be.

ü      Sue Lawson questioned the relationship between the township and the Sanitary District. Currently the Township will not grant a land use permit without a sewer permit, and the sewer district will not grant a sewer permit without a land use permit.  Mary Frances Skala said if the Township deems a site to be buildable, D/NSSD will grant the sewer permit, if capacity is available. The Sanitary District is committed to follow the land use policy of the township. Rick Certano stated we do not have the option of denying a sewer permit, if we have capacity available.

ü      Mary Frances Skala stated the need for specific guidelines in defining an "extension". 

ü      Mr. Soderberg stated that WLSSD would get assistance for proper maintenance of failed systems.

ü      Rick Certano stated that is fine if the intent is to clean up existing problems, but if the intent is to keep the lake clean, we need to have capacity built in.  Kurt Soderberg answered that it is not WLSSD’s mission to facilitate economic development.  Larry Moon stated that when Lake County issues a land use permit, it is good for one year.

Operations

NTS

·         Eric Appelwick has ordered locating equipment.

·         Eric Appelwick and Mary Ann Sironen met with Carroll Hawley to resolve her concerns.  Eric placed a straw bale against her well house to protect it from further freezing.

·         A complete report was distributed and is attached to the minutes.

No New Business

Old Business

1.  Nisswandt electrical

2.  Alseth Woods Addition

1.  Nothing to report

2.  Mary Frances Skala gave Steven Stingle an application for connection.

 

Old Business, continued

Mary Frances Skala, Mel Olson, and Scott Harder put together a draft of extension policy guidelines (attached to minutes).  Discussion: 

·         Mary Frances Skala recommended the use of statutory language in the guidelines. 

·         Rick Certano and Scott Smith suggested the township give approval to the Alseth Woods Addition contingent on D/NSSD. 

·         John Bowen reminded the Board of the 60-day rule:  if no action is taken in 60 days, an application/request is approved. 

·         Scott Smith recommended that follow St. Louis County guidelines. 

·         Rick Certano pointed out that when the main line is extended to the length of the property  that property owner could be subsidizing the extension of his neighbor. 

·         The question was raised about how much of an increase was allowed under the guidelines.  Dan Belden of WLSSD stated that there are now 450 residential units; with a growth rate of 2% per year for 20 years, that’s a cumulative growth of 34% or 600 residential units in 20 years.  This is the equivalent of 7 new residences per year. 

·         Rick Certano expressed concern about the performance bond (P. 2 #3).  Scott Harder said this is the way to assure complete construction of the sanitary system. 

·         Rick Certano suggested that we develop a clear step-by-step process with a timeline in an Informational Packet to give to developers or other new customers to clarify process for acquiring a sewer permit. Mary Frances Skala stated that our Informational Packet should contain both the MPCA requirements and the EPA guidelines.

·         Mary Frances Skala asked for clarification on whether D/NSSD was proposing a special assessment to finance a subdivision.  Rick Certano stated that when installing a main line, D/NSSD does not actually run it; they simply size it appropriately, so there should be no significant cost to D/NSSD. 

·         Sue Lawson requested that a member of the board come to the next planning meeting, at the Town Hall, 7 PM 3/31. Mary Ann Sironen will attend. Duluth Township is putting together a “Welcome to Duluth Township” booklet, and it could contain information about the sewer, and to let people know why we have the systems we have.  Scott Harder said he would work on the packet.

Alseth Woods Project

Mary Frances Skala summarized the Board's position to Steve Stingle: 

1)      D/NSSD has the capacity to handle this development

2)      D/NSSD needs to apply for the extension to WLSSD and the MPCA

3)      Stingle will need to supply an 8½” x 11” drawing showing the layout and placement of the pump stations.  The developer will pay all costs for the extension of the line along with hook up fees for each house.  Motion by Mary Ann Sironen and seconded by Scott Smith to preliminarily approve the concept plan and authorize the engineer to prepare an application for a sewer extension permit to WLSSD providing the developer pay for all costs.  Unanimously approved.  Consensus was that Duluth Township Zoning and the D/NSSD will work together on this development as a model of further activity. Scott Harder clarified that Ayres needs to approve the design, not do the designing.

Meeting adjourned.  Next meeting is at 0700 at French River Lutheran Church on Wednesday, April 13.

 

 

Approved  (date):                                                                                                                                     

                                                Chair                                                    Secretary