Duluth/North Shore Sanitary District – Board of Managers

Meeting # 69

 

Date:                                         October 12, 2005

Board Members Present:               Lars Fladmark, Scott Smith, Kevin Bovee, Mary Ann Sironen           

Board Members Absent:                None.  One position from the City of Duluth remains open

Others Present:.            Scott Harder, Eric Appelwick, Mel Olson, Nate Grayson, John Kessler, Melanie Ford, Christine Penney, John Bowen, Duane Herold, Clare Carpenter, Mary Frances Skala, Andrew Pratt, Jeff Cook, Nelson Thomas

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:            Mary Ann Sironen

Item

Discussion

Conclusion/Actions

Roll Call

A quorum of Board members is present.

Minutes

Discussion on the approval of the application and a contractor to be certified to do work in the district.

M.Sironen will review and correct.

Treasurer's Report

·         Clare Carpenter distributed the list of outstanding invoices totaling $203,116.77.

·         Scott Harder reports that there is $82,000 remaining in PFA loan #4. The levy funds of approximately $150,000 from the second half of 2005 will be available in December.

Motion by M.Sironen and seconded by K.Bovee to pay the current invoices as listed.  Unanimously approved.

Cash flow will be carefully monitored through the end of the year.

Rates & Charges

 

S.Harder presented the proposal for a revised hook up fee of $8,140 per  residential customer. It includes I&I inspection, engineering costs, legal expense/easements, fees (MPCA & WLSSD) as well as a calculated portion of backbone/main line costs.  Cost for Commercial classes will be I = $8,140, II = $40,700, III = $122,100 with Class IV to be decided if/when a request in that category comes up.   In addition, new customers will be responsible for the actual costs of installing the grinder pump and associated electrical, mechanical and plumbing necessities.

The revised hook up fees were added to Ordinance #3. Motion by S. Smith and seconded by K.Bovee to approve the revised Ordinance #3.  Unanimously approved.

Mary Frances Skala distributed a draft of extension policy guidelines that will be the basis for Ordinance #4

The Board will review the draft and address it at the November meeting.

Updates

·         Jeff Cook reported about 4 I&I inspections are still needed. He stated that there was considerable damage in the Seeley basement walls with evidence of water leaking noted during the I&I inspection of the property done about a year and a half ago before construction of the sewer was begun.

Public Comment

Melanie Ford, attorney for Christine Penney, protested the cost of repairs along with attorney fees and interest that has been charged to her client.  It is Ms. Penney's position that the Board authorized the repairs to a leaking hole in the basement drilled by a private company to allow access of the sewer pipe and should be responsible for paying the cost.  The Board does not assume the cost of repairs or improvements to private property.

No action taken. To be considered further. Add to the November agenda

Engineer Report

1.       Mel Olson reminded the Board that the 2005 I&I report and updated 5 year plan is due to WLSSD.

2.       Applications for new connections have been approved for Mark Hughes (Safe Harbors Estates) and Dan Ring.

1.       Eric Appelwick will assemble the information needed and compile it into an appropriate report.

2.       These two applications get in under the old fees of $4,500 plus engineering costs. Consensus is that D/NSSD will pass through fees to MPCA and WLSSD

Engineer's continued

3.       Ayres Associates has been asked to be the engineer on a project that's developing on Stoney Point. 

4.       Mel Olson distributed a map of the complicated parcels for the land east of Stony point. N06 (C.Bille) should not have had a grinder pump installed.  There is no building and no easement for that property.

5.       Parcel #387 (Norine/Schultz) has an easement and wants a grinder pump.

6.       Restoration work is moving eastward and is currently in the Scenic Café area

7.       Nate Grayson reported that there are 16 hook ups to finish.  11 will be done within the next 2 weeks and the 5 remaining have grinder pumps going into rock.

3.       The Board went on record that it would not approve of its consulting engineers to take on a project within the district.

4.       Mary Frances Skala will send a letter to explain the abandonment of that improvement and the District's intent to refund his assessment and remove the pump.

5.       Eric Appelwick will contact the owners  and obtain a waiver of rights to appeal and establish a 17 year assessment to bring this property into compliance with D/NSSD regulations.

6.       Nelson Thomas reports that the concrete work is finished and was very well done. A note of thanks for the whole construction crew was received from another customer.

7.       The project is expected to be complete this year.  D/NSSD needs to give a final report on CDBG funds.

Easements

·         The Board agreed that new hook ups should have easements established up to the eave line of the building.

·         Mary Ann Sironen will ask John Miller to contact Wayne Dahlberg, Duluth Township zoning regarding the easement on the Roslyn Andrews property. 

KR-L

Mary Frances Skala distributed the signed copies of the agreement between D/NSSD and the Knife River-Larsmont Sanitary District. It includes the waste water service (Connection) agreement and the agreement for the Mindestrom property at the east D/NSS-west KR-LS districts.

Zoning

A copy of the Town of Duluth building permits for the year to date was provided to the Board by John Kessler, assistant zoning administrator.

Kevin Bovee has requested copies of Lakewood's zoning permits from that township's clerk.

Eric Appelwick will keep this information and will contact Cindy Hall to request copies of building permits issues in Duluth's S2 zone.

Legal Issues

1.       Eric Appelwick distributed a summary of D/NSSD customers and their current payment status. Outstanding amounts can be added to taxes but customers need to have a chance to appear before the Board before that happens.

2.       An application to be an approved contractor within the D/NSSD has been received from Superior Construction Company.

3.       Kevin Stroom's request to construct an addition over the easement area will be allowed when the legal work is done and the cost is borne by the homeowner.

4.       MN Statute 15.99 (the 60 day "Action" deadline) could put that timeline on permits for new connections.

5.       Depositions are being taken in the S.J. Lewis matter.

6.       The maintenance contract with Ayres Associates is being fine-tuned.

7.       Two property owners are in violation of the District's ordinance by maintaining a private wastewater disposal system on property within the district

8.       Question of liability in the case of the sewer backing up into private homes

1.       The Board will adopt a resolution at the next meeting (Res 11-09-05) authorizing the addition of outstanding bills to taxes.  Eric will send out letters to customers with outstanding bills ASAP.

2.       Motion by Mary Ann Sironen and seconded by Scott Smith to approve the application of Superior Construction Company to be a licensed contractor within the D/NSSD.  Aye votes from Fladmark, Sironen, Smith.  Bovee abstained. Motion carried.

3.       Mel Olson will review the property and check the accuracy of the drawing as presented to the Board.  Mary Frances Skala will see that the legal description of the easement is revised.

4.       Issues to reviewed at the November Board meeting.

·         When would the timeline begin? 

·         Who/what will be the Intake Point for applications?

·         Date/time stamping of correspondence is/will be done.

5.       No action required by the Board at this time. Hearing dates scheduled for early 2006.

6.        The Ayres Associates contract will be reviewed in Nov.

7.       Mary Frances Skala will publish the legal notice of this violation and send Knute Nisswandt another letter. Frontier Pipeline will complete the work on the Malarski property leaving the electric hook up to be the final piece.

8.   Mary Frances Skala/Andrew Pratt will investigate this issue.

Board openings

·         Mary Ann Sironen nominated Lars Fladmark for another term on the Board from Duluth Township.

·         Some names of prospective City of Duluth Board members were brought up.

·         Lars accepted the renomination to the Board.

·         Scott Smith accepted a unanimous nomination from the floor for another term from the City of Duluth.

·         Lars will call the people identified as being possible Board members from the City of Duluth

·         A resolution regarding the nominations will be prepared at the November Board meeting to send to the municipalities involved. 

NTS

Report

Eric Appelwick distributed the October report to the Board.

·         1/3 of the system has been exercised.

·         A sampling event was done.  Report to follow

·         There were 4 emergency call outs to NTS.  Three of them were for issues that were within the residence and most required a modification in the home's venting.

·         The heavy rain event on 10/4/05 was handled very well by the D/NSSD detention tank.  An 8 hour diversion caused a 2.2 foot accumulation of approximately 47,000 gallons. After 27 hours the level was at 8.3 feet. The total capacity is 14.5 feet (172,000 gallons). D/NSSD is required to hold back a 24 hour flow.

·         Stickers have been designed to be applied to each alarm box.  Motion by Mary Ann Sironen and seconded by Kevin Bovee to approve purchase and application of the stickers.  Unanimously approved.

·         Eric has been unable to contact Charles Erickson in regard to the leakage reported in the Erickson basement.  Eric will continue trying to make a contact.

Meeting adjourned.  Next meeting is at 0700 at French River Lutheran Church on November 9, 2005.

 

 

Approved  (               ):                                                                                                                                             

                                                Chair                                                    Secretary