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Home My WebLink About2022-07-14 UC Packetliwater T H E R RTHPL E M I N K h' 0 1 0 AGENDA UTILITIES COMMISSION MEETING JULY 14, 2022 8:00 AM I. ROLL CALL II. ELECTION OF OFFICERS III. APPROVAL OF MINUTES 1. May 12, 2022 Utilities Commission Meeting Minutes IV. OPEN FORUM — the open forum allows the public to address the commission on subjects which are not a part of the meeting. Commission may take action, reply, or give direction to staff Please limit your comments to 5 minutes or less. V. NEW BUSINESS 2. Proposed Utility Rate Adjustment Ordinance 3. Discussion of 2022 Utilities Capital Outlay Items VI. DIRECTOR/SUPERINTENDENT UPDATE 4. Project Update 5. Water Conservation Rebate Program 6. White Bear Lake Update - email form Attorney David Sienko 7. Monthly Updates - gallons pumped VII. COMMISSIONER ITEMS 8. Commissioners Picnic - August 23rd VIII. ADJOURN 9. Next meeting date is August 11th, 2022 i 1 INki ater THE OIRTHELACE OF MINNESOTA UTILITIES COMMISSION MEETING May 12, 2022 8:00 A.M. Utilities Superintendent Benson called the meeting to order at 8:00 a.m. Present: Chairman Speedling, Commissioners Jensen and Whitcomb, Councilmember Polehna Absent: Commissioners Hudak and Hutter Staff: Utilities Superintendent Benson, Public Works Director Sanders APPROVAL OF MINUTES Possible approval of minutes of March 10. 2022 meeting and April 14. 2022 meeting Motion by Commissioner Whitcomb, seconded by Chairman Speedling, to approve the minutes of the March 10, 2022 meeting and the April 14, 2022 meeting. All in favor. OPEN FORUM There were no public comments. NEW BUSINESS Propose code amendments for utility billing adjustments Public Works Director Sanders reported that the City Council directed staff to work with the Nightingale Blvd property owner for a utility bill adjustment. The City Attorney then researched utility adjustments in other cities whose code authorizes City staff to make certain utility bill adjustments rather than having to go before the Council or Commission. He provided similar language proposed as a code amendment for Stillwater. Motion by Chairman Speedling, seconded by Commissioner Whitcomb, to recommend a utility billing adjustment policy change, with final language to be brought back for approval. All in favor. Update on 5th Ave S water service Mr. Sanders stated that following discussion on the water service issue on 5th Ave S, the Commission asked staff to gather information on the remaining properties on 5th Ave S. He showed a map indicating that 6-7 other properties on 5th Ave S connect through properties on 4th Ave. All the other ones have copper water service whereas the one at 1315 had a galvanized service. UNFINISHED BUSINESS Change of meeting time In response to last month's discussion, Mr. Sanders said he will survey commissioners to see if there is any other time appropriate for the meetings. DIRECTOR/SUPERINTENDENT UPDATE Commercial rate billing schedule adjustment Mr. Sanders stated that the City's water billing rate structure is set up to bill commercial properties at a seasonal rate during the months May -October. With the change to quarterly billing for all properties, the rate change for commercial properties does not coincide with the City's quarterly billing cycle. Utilities Commission Meeting May 12, 2022 Previously, commercial properties were billed monthly. The Finance Department is proposing to adjust the commercial billing rate to match that of the billing cycle which would add April and remove October from the seasonal rate. Staff recommends that the Commission review the proposed seasonal rate billing change. If approved, staff will bring the request to the City Council. Motion by Commissioner Whitcomb, seconded by Chairman Speedling, to recommend changing the seasonal commercial utility rate from May -October to April -September. All in favor. Monthly Water Use Superintendent Benson provided the monthly gallons pumped, 41,248 in April. Water Efficiency Grant Update Mr. Sanders shared that the Metropolitan Council awarded the City a $25,000 Water Efficiency Grant. The amount of matching funds required from the City is $6,250. This is a two year program starting July 1, 2022. Residents may apply for partial rebates for water efficient toilets and washing machines and smart controllers. Information will be shared on the City web site, newsletter and social media. Minnesota DNR PFAS Monitoring Report Mr. Sanders reviewed the report indicating there are PFAS (perflourinated alkylated substances) in the City's water supply system but levels are well below the Department of Health level of concern. Mr. Benson added that the Department of Health will be posting a dashboard on their web site listing all the Cities in the metro that have PFAS in their water. COMMISSIONER ITEMS White Bear Lake Lawsuit Mr. Sanders stated that he learned from Attorney David Sienko that it appears Stillwater could be excluded from the court case. More information will be forthcoming in a few weeks. Training Mr. Sanders said there will be a Boards and Commissions Training Session June 14. Councilmember Polehna said the City will host a Mental Health Training for the community May 24. Meeting Schedule Mr. Sanders will be gone the last 2 weeks in May so the Commission agreed to cancel the June meeting. The next meeting will be July 14. ADJOURNMENT Motion by Chairman Speedling, seconded by Commissioner Whitcomb, to adjourn. All in favor. The meeting was adjourned at 8:22 a.m. ATTEST: Shawn Sanders, Public Works Director Steve Speedling, Chair Page 2 of 2 iliwater� THE BIRTHPLACE OF PAINNESOTA DATE: July 11, 2022 TO: Utility Commission members FROM: Shawn Sanders, Director of Public Works SUBJECT: Utility Bill Adjustment Ordinance DISCUSSION Attached is a final draft of an Ordinance Establishing A Procedure for Consumer Adjustments to Utility Bills. The ordinance gives the consideration of utility bill adjustments to City staff, rather than having the request go to the commission or the council. Adjustments could be made under certain conditions, such as billing errors, water line freeze and water break or malfunction. RECOMMENDATION Staff recommends that the commission review and approve the Ordinance Establishing A Procedure for Consumer Adjustments to Utility Bills, if approved the ordinance will be presented to the City Council ACTION REQUIRED If the commission agrees with the recommendation, they should pass a motion approving AN ORDINANCE ESTABLISHING A PROCEDURE FOR CONSUMER ADJUSTMENTS TO UTILITY BILLS . ORDINANCE NO. CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE ESTABLISHING A PROCEDURE FOR CONSUMER ADJUSTMENTS TO UTILITY BILLS The City Council of the City of Stillwater does ordain: SECTION 1. ENACTMENT. Stillwater City Code Chapter 28, Water Utility, is hereby amended to include a new Section 28-4, Adjustments to Utility Bills, which shall be enacted as follows: Sec. 28-4. - Adjustment to Utility Bills. Subd. 1. Policy and purpose. It is the policy of the city of Stillwater to make adjustments to consumer utility bills where an adjustment is necessary to correct mistakes, equipment failures, or fairly apply the rates and rules. The purpose of this policy is to improve consumer service by enabling city staff to quickly and accurately respond to consumer requests for adjustments to utility bills. Subd. 2. Requests for adjustments. When a consumer disputes a water bill, the consumer may request an adjustment for one of the reasons set forth in subdivision 4. All requests for adjustments must be made in writing within fourteen (14) days of the date the water bill was sent, addressed to the finance director. Written requests shall state the name of the account holder, service address, contact information and the reason for the requested adjustment. The consumer shall further provide all information requested by the panel deemed necessary to make a determination on the request. Subd. 3. The panel. A panel of two (2) persons, made up of the city engineer/public works director, and finance director, their designees, or two other members appointed by the city administrator, shall determine the amount, if any, of the adjustment to be made. Subd. 4. Adjustments allowed. (1) The panel is authorized to make adjustments to water bills, without prior city council action, for the following situations: (a) Billing error. Where an error has occurred that results in an inaccurate water bill being sent to a consumer, staff shall correct the error as soon as discovered, whether by the consumer or by staff. These adjustments include data recording and entry errors as well as meter failures if tested and found to be inaccurate. (b) Water line freeze. Adjustments to charges when a consumer experiences extraordinary water consumption during a billing period following a water line freeze and the city advised the consumer to leave a drip running during the period of time covered by the water bill. 1 (c) Water break or malfunction. If the panel is shown evidence that the consumer made a good faith effort to address a break or malfunction in a timely manner, then the rate may be adjusted to a lower tier for the billing cycle in question and the winter quarter sanitary sewer average may be re-established to a rate based on usage history. (2) After an adjustment is made by the panel, the bill is due and payable within fourteen (14) days of the panel's decision. Subd. 5. Adjustments not allowed. The panel will not consider adjustments when a consumer experiences extraordinary water consumption due to a break or malfunction and the consumer has not made a good faith effort to address the break or malfunction in a timely manner or when the appeal is untimely. Subd. 6. Response. The panel shall respond in writing to the request for an adjustment within twenty (20) days after receiving all the information necessary to make a determination on the request. Subd. 7. Appeal from the decision of the panel. If the consumer is not satisfied with the decision of the panel, the consumer may appeal by following the process provided in City Code section 22-10, subd. 3. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: An ordinance establishing a procedure for consumers to request an adjustment to their utility bill. SECTION 3. EFFECTIVE DATE. This ordinance shall be effective after its passage and publication according to law. Approved this day of , 2022. 2 ATTEST: Beth Wolf, City Clerk Publish: Stillwater Gazette - CITY OF STILLWATER Ted Kozlowski, Mayor iliwater THE BIRTHPLACE OF MINNESOTA DATE: July 11, 2022 TO: Utility Commission members FROM: Shawn Sanders, Director of Public Works SUBJECT: Proposed 2021 Utility Division Capital Outlay Approval DISCUSSION The budget process has begun for 2023 and staff has been working on Capital Outlay projects for improvements in the utility department. The following items are proposed for 2023. In all, there are ten items proposed for the capital outlay totaling $2,075,000. The ten items are listed below. Staff will be able to provide more detail on the items at the meeting. Water Department 1. Tower Drive Water tower painting 2. Well pump rehabilitation- Well #12 pull and inspect pump every ten years. 3. Well House repair and Maintenance- Well #2 siding and roof repair 4. Hydrant painting. Third year of program. 300 hydrants. Total 2023 Water Department Capital Outlay $1,050,000 $40,000 $25,000 $50,000 $1,165,000 Sewer Department 1. Sewer Lining Project- Lines sewer mains in two locations; north of Lily Lake and along the Main Street Steps. $90,000 2. Lift Station Upgrades- Replace pumps and control panel at Everett Lift Station Lift Station $100,000 3. Aiple Generator- Replace 63-year old generator at Aiple Lift Station $125,000 4. Maryknoll Lift Station Conversion- Convert Lift Station from wet well drywell to submersible pump. $400,000 5. CCTV camera replacement $180,000 6. Sewer van- monitoring equipment $15,000 Total 2023 Sewer Department Capital Outlay $910,000 RECOMMENDATION Staff recommends that the commission review and approve the proposed improvements for the 2023 Utility Division. If approved, staff would present the items to the City Administrator to include in the 2023 budget. iliwater THE BIRTHPLACE OF MINNESOTA DATE: July 11, 2022 TO: Utility Commission members FROM: Shawn Sanders, Director of Public Works SUBJECT: Update of Utility Projects in the City BACKGROUND The following is a list of utility construction projects in the City of Stillwater for 2021 and 2022. Projects on the list will be updated to the commission and new projects added as they made aware to the City. City Utility Projects • Mid Oaks Lift Station - Scope includes replacing the Lift Station at Mid Oaks. The existing lift station is a wet well/dry well and would be replaced with a submersible pump. During design staff noticed that the existing lift station force main and gravity is located on private property, Staff has obtained the easements form the property owners. Project is out for bid. Award bid to contractor at July 26 meeting. • Brick Street Watermain Replacement - New watermain on Brick Street between Olive and Myrtle Street. Work to be included in the 2022 Street Improvement Project. • Aiple Lift Station Generator Replacement - Project replaces 60-year-old generator. Contractor has been selected. Work to begin this Summer. • Downtown Manhole Rehabilitation Project - Project looks to eliminate I/1 in sanitary manholes from Elm Street to Aiple Lift Station (30 total). Bolton & Menk is working on the plans and specifications. Anticipate bids in early August. • Lily Lake Sewer Lining Project - Project looks at eliminating flow from Lily Lake from entering sanitary sewer. Pipe is located on north side of Lily Lake, in backyards of four properties. Staff is working on correcting easements prior to commencement of work. • Portable Generator - New portable generator for the pump house at Olive Street. Generator has been delivered to the City. • Automatic Water Salesman - Project adds a pay station to the bulk water station at the water department building on Third Street. Staff working on obtaining quotes from vendors. • Northland Park Watermain Extension - Project extends watermain in Northland Park to aid in winter time rink flooding. Project Complete. • Transfer Switch/Generator Hook-up for Olive Street Project - Add a transfer switch at the pump house to allow for connection for a portable generator. Contractor has been selected and work scheduled to begin this summer. • Hydrant Painting - Second year of three-year project to paint all hydrants in the City. 2022 project to focus on the north half of the City. (380 total hydrants). Project awarded. Work to start end of July. • Fluoride Pumps - New fluoride pumps for Wells 6, 9 and 12. Pumps are on order. City staff to install the pumps. • Telemetry Upgrades - Staff is looking to add security measures to entry doors using the SCADA system. Staff is working with vendors on quotes. • Well house repairs - Building improvements for Wellhouse 6 8, and 12. Work has been awarded. Staff is awaiting a start date. • Lily Lake Tower Pressure Reducing Valve - TKDA selected to complete plans and specifications. The following list is the current and proposed Developer Projects and the utility impacts • Central Commons Development - Mixed use development with retail and apartments located on the southeast corner of Highway 36 and Manning Avenue. There are no utilities in the area and will have to be extended from the west end of Curve Crest Boulevard and go under Highway 36. Right -of way needed from Lakeview Hospital site for street and utility extension. Water Efficiency Rebate METROPOLITAN plirr k /1 CLEAN WAT E R LAND & COUNCIL LEGACY .A EI-NDMI.\i The City of Stillwater was awarded a $25,000 Metropolitan Grant as part of the Council's 2022-2024 Water Efficiency Grant Program. Stillwater is one of many cities in the Twin Cities Metropolitan Area that applied for and was accepted into this grant program. Grant funds will be used for the City's water conservation program. The City is offering rebates to Stillwater properties that are connected to the City Water supply System who replace their washing machines replace toilets or by replace their irrigation controller with a smart irrigation controller. Rebate categories and amounts are as follows: Clothes Washers — Rebate up to $200 or 8o% the cost of a new US DOE Energy Star® labeled clothes washer, whichever is less, (excluding sales tax and labor/installation costs). Toilets - Rebate up to $ioo or 8o% of the cost a new US EPA WaterSense® labeled toilet, whichever is less, (excluding sales tax and labor/installation costs). Smart Irrigation Controllers - Rebate up to $150 or 80 % the cost of a new US EPA WaterSense® labeled smart controller, whichever is less, (excluding sales tax and labor/installation costs). Rebates are for the replacement of existing devices only. New construction and new developments are not eligible. Rebates are available on a first come first served basis are not guaranteed. Program runs from July 1, 2022 through June 30, 2024. It is the customer's responsibility to verify if funds are still available or not. A copy of the receipt for a qualifying device must be provided with the rebate request form. Rebate request form, and all supplemental information must be submitted to the City of Stillwater by mail, or online. Rebate is for the cost of the device only and excludes sales tax and any installation/labor costs. New construction and new development are ineligible. Rebates will show as a credit on your utility bill. Shawn Sanders From: David Sienko <dsienko@levander.com> Sent: Tuesday, May 17, 2022 10:07 AM To: Joe Kohlmann; Shawn Sanders; Robert Benson; Matthew R. Ellingson Cc: Korine Land; Greta Bjerkness; Becky J. Strop Subject: White Bear Lake - Stillwater update Attachments: H4835DE2.pdf [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. Joe, Shawn, Robert, and Matt, As you know, the Associations are interested in dismissing Stillwater from the OAH case. At the last hearing, the Court seemed interested in dismissing Stillwater as well. Unfortunately, the DNR is holding up any potential dismissal. I spoke with the Assistant Attorney General handling this case yesterday and he said the DNR is looking at their groundwater model further to determine how to handle Stillwater. Based on an updated water model created after the 2017 trial, the DNR determined that Stillwater had the 9th greatest impact on White Bear Lake. This model is at odds with our understanding that our water use does not measurably impact the surface level of White Bear Lake. Once the DNR completes the analysis, then we may have answers about whether we can get out of the OAH case early. Also, this is crunch time on the legislation. Either something will happen over the next 24 hours, or not. I do not know the status of the Senate bill introduced by Senator Housley. Attached is an alternative bill introduced by Representative Fischer. This bill, H.F. 4835, is more focused on providing funding to the DNR to assist municipalities and stop any reduction in the maximum amount of groundwater use. There has been a proposed change to this bill to allow non -municipal permit holders to fall within the bill, but there have been no changes yet. If you want any legislation to get done this this session, now is the time to reach out to legislators. I have a meeting this afternoon with other City attorneys about this case. If there are any new developments, we will let you know. If you have questions, please let us know. Thank you. DAVID L. SIENKO ATTORNEY 1 LGM LEVAN DER GI LLEN & MI LLERP.A_ TTORNEY$ AT LAW 1305 Corporate Center Drive Suite 300 Eagan, MN 55121 MAIN: 651-451-1831 WWW.LEVANDER.COM We MOVED! Please update your records with our new address. Our phone numbers, fax number, and email addresses remain the same. CONFIDENTIALITY NOTICE This message is intended only for the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. 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Please don't print this e-mail unless truly necessary. 2 January February March April May June July August September October November December 2015 Gallons Pumped 2016 2017 2018 2019 2020 2021 2022 Monthly Totals Monthly Totals Monthly Totals Monthly Totals Monthly Totals Monthly Totals Monthly Totals Monthly Totals 44996 45271 47827 54174 47578 43126 44488 43203 42145 42187 42360 50969 42335 41409 39016 39409 47375 44082 43799 55676 47276 43148 41908 41176 50242 48484 45235 52580 45808 44003 41587 41248 61822 65753 56415 77250 57949 61400 66124 55346 68400 82031 84085 77502 78308 74342 112800 91793 80989 99063 93342 89533 78536 81984 110149 97156 78478 75439 99896 78626 87645 93628 67282 56973 74893 67085 61054 71455 64168 53465 46825 49115 48481 50054 52576 49781 41445 40135 41620 43112 43786 41754 40311 42465 49230 52404 46710 44426 42857 41322 Total 697782 698512 706534 762968 675736 685699 745282 312175 June 314980 327808 319721 368151 319254 307428 345923 312175 DNR Permited Amount 865,000,000 MGY