Duluth/North Shore Sanitary District – Board of Managers

Meeting # 65

 

Date:                                        June 8, 2005, 0700

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

Board Members Absent:               None

Others Present:  Mel Olson, Eric Appelwick, Nate Grayson, Clare Carpenter, Carol Surine, Mary Frances Skala, Duane Herold, John Miller, Jeff Cook, John Kessler, Scott Harder, Russ Smith, Kevin Holm, Scott Harder. 

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, PLAWCS, David Pierson, Tom Pulse, Yvonne Rutford, 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, Greg Mutchler

Minutes by:            Carol Surine and edited by Mary Ann Sironen

Item

Discussion

Action/Conclusion

Approve Minutes

Motion by Kevin Bovee  and seconded by Scott Smith to approve the minutes as presented.  Unanimously approved.

Treasurer's report

1.       Clare Carpenter distributed the Request to Pay invoices for a total of $202,602.61.

2.       Bank Balance –June 8, 2005 is $255,791.47

1. Motion by Scott Smith to pay the outstanding invoices and approve the Treasurer’s report.  Mary Ann Sironen seconded. Unanimously approved. 

Financial Discussion and Cash Flow Review

1.       Special Assessment funds cannot be used for septic tank removal.  The number of septic tanks in the D/NSSD area was originally estimated at 420, or one per residential lot.  Mel Olson reports that this was underestimated because a number of houses have multiple tanks. 368 tanks have been collapsed and abandoned so far with 100 properties to go.  The additional cost will be paid out of revenue or tax levy.

2.       Eikill & Schilling budget reporting format was reviewed and approved.

3.       Commercial usage has been projected at 10 million gallons of metered flow. Scott Harder recommends a reduction in that projection.  It was expected that all commercial properties would be contributing flow this summer but several have not been hooked up yet and the Shorecrest has been closed for the time being. Scott Harder does not think D/NSSD will hit 10 million gallons of commercial metered flow.

4.       Scott Harder will bring a 2006 budget to the July meeting for approval in August.  Tax levies must be submitted to the Assessor's office by 9/15.  Consensus of the Board is that the tax levy remain in place for the coming year.

Updates

 

1.      Jeff Cook reports no change in I&I inspections.

2.      Jeff Cook discovered a 3-section culvert that had separated and washed out on Greenwood Road.  This culvert was put in by S.J. Lewis but was in need of immediate repair.  See construction report.

 

3.      Jeff Cook reminded that Greenwood Rd is still in need of more work. Class 5 gravel has been put over the exposed manholes, but the rest of the road needs work.  The District plan was to bring the road back to the shape it was in before construction.  Jeff advises that an additional overlay of 4”-5” of Class 5 is needed over the entire road. The District has not committed to that degree of improvement.

Easements

John Miller

·       The same two easements are needed

1) The Nisswandt property.

2) Duluth Pumping Station.  City attorney, Bob Asleson is working on it.  There was a slight error in the wording of the easement, and that is being amended.

KR-LSD

Larry Moon

 

·         Since Larsmont is outside of the WLSSD service area, that organization has asked KR-LSD to include an addendum to their request for allocation for additional  information.

·         The 2006 IUP (Intended Use Plan) funds are available until 6/30/06. 

·         Russ Smith of NTS commented that the regulation of on-site systems has been delegated to the counties.  The cut-off for operated systems is a cluster unit of 30 homes or 10,000 gallons per day.]

Public Comments

1.       Kevin Holm, 5171 Greenwood Rd, informed the Board that he has purchased 25 acres near the Shorecrest and intends to build 5-7 single-family residences as a Planned Unit Development.  He wants to know what the process is.

2.       Kevin Holm also asked about future development on a lot across the street from his house.  He wanted to know if he could ‘reserve’ capacity, or if he could have the sewer lateral put in now.

3.       John Kessler asked what new owners of the Corner Cupboard would have to do to connect to the sewer.

1.       Mary Frances Skala outlined the steps and gave him application forms:

●        Bring application and plans to the next meeting.

●        D/NSSD will forward to WLSSD

●        WLSSD will forward to MPCA

 

2.       Lars Fladmark stated that it is the policy of D/NSSD that no service is extended to vacant lots.  Mr. Holm will need to apply when he wants to build.

 

3.       This should not be a problem, since there is already a building on the site.  Submit an application.

Extended Discussion

·         Scott Smith stated that the 6120 Shoreland ordinance states that buildings within 1000 feet of the lake must connect to a municipal sewer if it is available.

·         If a grinder pump is put in, it’s considered an extension.

·         The only way the Board can legally deny an application is if there is no capacity.

·         Applications require the signature of one member of the Board. The Board would want a Professional Engineer to approve the plan before it was accepted.

·         Review of plans is not within the scope of the current Ayres contract and could constitute a conflict of interest.

·         If a development wasn't able to hook up to the D/NSSD sewer could it use an on-site system?

·         There is some legal precedent that denial of a permit based on an existing ordinance that contains how the capacity is to be allocated over time has been upheld.

·         The PCA is working on a standard for units (clusters) and this could be one of the requirements for operation of an on-site system.

·         Some areas have a developer’s agreement, a capacity reservation fee.  He mentioned an EJCDC form for this.  (This is Engineers Joint Contract Documents Committee, a committee which assures consistency of nomenclature and verbiage.)

·         One issue in adding volume to the D/NSSD system is related to flow.  To add the Larsmont flow, the pumps at Knife River would have to be larger. There would be less impact if a development were closer to Duluth.  WLSSD is currently hydraulically limited within the city system because of the I&I during rain events. D/NSSD controls I&I with the detention storage tank and does not add to that WLSSD problem.

 

 

Commun-ications

1.       MWOA Wastewater Conference is in Marshall, MN 7/26-7/29

2.       Arvid Sorvik's gray water line is not connected to his sewer yet. It is the homeowner's responsibility to get that line rerouted. An estimate to perform this work was thought to be about $100.  Scott Smith will research AEOA (Arrowhead Economic Opportunity Agency) for any grant money that may be available to help with the cost before further communication with Mr. Sorvik is made. 

3.       Mary Frances Skala advises that situations that appear to be out of compliance require the Board to send a notice of violation.  If there is a violation, the homeowner will be ordered to resolve it.

Legal Issues

1.       Mary Frances Skala presented a Sewer Service Agreement to allow hook up of the Mindestrom property that is in Lake County but within a loop of the D/NSSD line. (Attached)

2.       Mary Frances Skala presented the draft of a Wastewater Service Agreement between D/NSSD and KR-LSD. Changes removed references to Larsmont.

3.       Mary Frances Skala presented the draft of a Memorandum of Understanding between D/NSSD and Knife River/Larsmont Sanitary District

4.       Charles Erickson has contacted NTS/Eric about his leaking basement.

5.       S.J. Lewis issue.

6.       Christine Penney responded to the D/NSSD request (April 28, 2005) for re-payment of emergency repairs made to her leaking basement by Frontier at the request of D/NSSD.  She requests that further communication be directed to her attorney, Melanie Ford.

1.      Motion by Rick Certano and seconded by Mary Ann Sironen to adopt the Sewer Service Agreement on the Mindestrom as presented.  Unanimously approved.

2.      No action needed.

3.       No action needed. It was noted that if Larsmont comes on board, Knife River needs to upgrade their pumps.

4.      No action taken.

5.      Nothing to report.

6.      Motion by Rick Certano and seconded by Mary Ann Sironen to authorize Fryberger et al to respond to the letter of May 5 from Christine Penney, with a copy to her attorney.  The letter will be sent subject to the approval of Lars Fladmark.  Unanimously approved.

Construction

Report

Mel Olson

1.       Mel Olson submitted a change order for repair of Greenwood Rd:  $12,043.43.  A 24” concrete culvert by Jay Zink’s place had separated and the road was washing away. He had authorized an emergency repair to Ken Zajac, superintendent for Frontier. A new corrugated metal culvert and end apron was installed.

2.       Mel Olson submitted a change order for $1895 for the repair of a line at 5404 North Shore Drive that Frontier hit because there was no paint designating the sewer line.  The tracer wire was in the concrete.  SJ Lewis is responsible because the end of the tracer wire was not exposed.  Rick Certano stated that we need to fix the system so that we can locate the lines.  Eric Appelwick stated that this is the exception and all of the other tracer wires have been installed correctly.

3.       There have been many calls on restoration.  The ‘leaky spot’ at Dodges Log Lodges has disappeared after an area was ditched.  Kevin Holm remarked that there is a leak on his sewer line that appears to follow the line all the way to the ditch.

1.       Motion by Rick Certano and seconded by Scott Smith to pay this change order.  Unanimously approved. Mel Olson will send a notice to  S.J. Lewis for payment as a warranty item.

2.       Motion by Scott Smith and seconded by Rick Certano to pay this change order.  Unanimously approved.  

3.       All agree that restoration is an urgent need and will be done as soon as the ground dries up enough to make it possible.

NTS Report

1.       There has been one NSF check received.

2.       There is a missing survey marker pin at 2323 Old North Shore Rd, at a property belonging to Richard Schmahl.  It should be located at the southwest corner of the property and has been missing since the sewer line was installed,.   The homeowner thinks the sewer installers are responsible and is concerned that the property should be resurveyed.  Eric Appelwick will investigate. If a survey has been done on the property it may be registered with the county and/or could have placed a pin on the north side of the property. Records of the neighboring property could help to locate the pin placement. Eric describes a need for a lock box with a key for NTS employees to use to get into certain pump stations or meter locations. The Lakewood pumping station sometimes requires a manual restart of their meter.  If Eric is a long distance away, this results in a delay in restoring service. Discussion of costs incurred by a homeowner within a home or outbuilding.  This often occurs when a resident makes improvements in the property.  NTS should not have to do this at cost.

3.       There are five residential metered customers that Eric Appelwick was approved to read, but there was no starting date listed on the minutes. 

4.       Occasionally homeowners call NTS with a problem that turns out to be within the property's private system and not due to D/NSSD equipment or operations. D/NSSD needs to recover the cost of the NTS response visit.

1.   No action

2.      Mary Frances Skala will have the real estate records investigated, if requested by Eric.

3.        Motion by Scott Smith and seconded by Kevin Bovee  to have Eric Appelwick start reading the residential metered customers as of July 1, 2005.  Unanimously approved.

4.       Motion by Scott Smith and seconded by Rick Certano to charge the homeowner 1.5 times the NTS rate, billed to the customer.  Unanimously approved.

 

No New Business

Old Business

1.       Nisswandt electrical issue.  This continues to be on the agenda until resolved.

2.       Beachway Motel/Hildebrandt status.  This electrical box and sewer connection must be installed quickly before the tourist season starts.  The McQuade Safe Harbor project is disrupting the area so the sewer construction can’t make the situation any worse.  Mel Olson will contact Mr. Hildebrandt and let the board know via e-mail if there is a problem with continuing with the hook up.

3.       Capital Asset Plan.  Forwarded to next month's agenda.  Board members to review before the meeting.

Lars Fladmark declared the meeting adjourned at 9:40 AM.  The next meeting will be July 13, 2005, 0700.

 

 

Approved (date):                                                                                                                                     

                                                            Chair                                                    Secretary

7/13/05