HomeMy WebLinkAbout2021-02-11 UC Packetliwater
T H E R RTHPL A E O E M I N K -',O I A
PLEASE NOTE: The Stillwater Utilities Commission meetings will be held online via ZOOM.
Public can participate in the meeting by logging in online at www.zoomgov.com/join or by
calling 1-646-828-7666 and enter the meeting ID number: 160 832 5731
Public comments can be emailed to pubwrks@ci.stillwater.mn.us
AGENDA
UTILITIES COMMISSION MEETING
FEBRUARY 11, 2021
8:00 AM
I. ROLL CALL
II. APPROVAL OF MINUTES
1. January 14, 2021 Utilities Commission Meeting Minutes
III. 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.
IV. NEW BUSINESS
2. Possible recognition of Board of Water Commissioners
3. Update on Sanitary Sewer System
4. Update on Utilities and Development Projects
5. Water pumped 2020
6. Main Breaks
7. Refund - Kellie Knowles
8. Payment TKDA December 2020
V. UNFINISHED BUSINESS
VI. COMMISSION ITEMS
VII. ADJOURN
i I I \ i's'Ater
THE OIRTIIPLACE OF NINNESOTA
UTILITIES COMMISSION MEETING
January 14, 2021
8:00 A.M.
Utilities Superintendent Benson called the meeting to order via Zoom at 8:00 a.m.
Present: Water Board President Speedling, Commissioners Whitcomb, Jensen, Hudak,
Councilmember Polehna
Absent: None
Staff: Utilities Superintendent Benson, City Administrator McCarty, City Attorney Land
APPROVAL OF MINUTES
Possible approval of minutes of December 17, 2020 Board of Water Commissioners Meeting
Commissioner Hudak corrected his first name on page 2 - should be Curt, not Carl.
Motion by President Speedling, seconded by Commissioner Hudak, to approve the minutes of the December 17,
2020 meeting as corrected. All in favor.
OPEN FORUM
There were no public comments.
NEW BUSINESS
Election of Chair and Vice Chair
City Attorney Land explained the nomination process.
Motion by President Speedling, seconded by Commissioner Whitcomb, to nominate President Speedling as
Chair and Commissioner Jensen as Vice Chair. All in favor.
Resolution #1522, Directing the Payment of Bills
City Attorney Land explained that normally, the City Council adopts a resolution approving the
payment of bills. The Commission is acting on the resolution this time because it includes December
bills.
Motion by Chair Speedling, seconded by Commissioner Hudak, to approve Resolution #1552, Directing
the Payment of Bills. All in favor.
OLD BUSINESS
White Bear Lake Litigation Update
David Sienko, LeVander, Gillen & Miller, representing the City, reviewed the case. In April 2013,
homeowner associations around White Bear Lake filed a lawsuit against the Minnesota Department of
Natural Resources (DNR). In December 2014, the parties reached a settlement which was contingent
upon the parties receiving substantial funding from the State Legislature to help the area
municipalities that are reliant on wellwater to move to surface water instead. For two years the case
was on hold because the funding was not appropriated. In 2016 the case ramped back up. In 2017
there was a lengthy bench trial resulting in a court decision which required the DNR to amend water
permits for permit holders within a 5 mile radius around White Bear Lake. Stillwater was not a named
party in the litigation, but because Stillwater has one well within 5-10 feet of that 5 mile radius, the
DNR amended Stillwater's permit in March 2018 to require the following: a plan to convert to surface
Utilities Commission Meeting January 14, 2021
water; a residential irrigation ban; a per capita water use plan; and a report on collaborative efforts
with area municipalities. In March 2018, Stillwater and other permit holders filed a request for a
contested case hearing. In May 2018, the DNR filed an appeal. In October 2018, all contested case
hearings were stopped pending the outcome of the appeal to the Court of Appeals. At that time,
LeVander, Gillen & Miller was asked to draft an Amicus brief which it did. Stillwater still was not a
party to the suit. In April 2019, the Court of Appeals issued a decision and in July 2020, the Supreme
Court issued its decision remanding some issues back to the Court of Appeals. In December 2020, the
Court of Appeals issued its second decision stating that all permit holders including Stillwater may
move forward with the contested case hearing at the administrative level. Stillwater now has the
opportunity to argue in front of an administrative law judge why it should not have to comply with all
four of the requirements in the permit.
Mr. Sienko explained that completing a plan to convert to surface water will be fairly expensive due to
the detail required. Additionally, Stillwater draws its water from a different lobe of the aquifer that
feeds White Bear Lake and therefore has little measurable impact on White Bear Lake, so it makes no
sense for the City of Stillwater to have to do a plan to convert to surface water.
Commissioner Hudak asked if the scenic water act affects the case.
Mr. Sienko replied that it may have an impact. It is not yet clear if this is the final word on this case or
if something else will come from the Supreme Court.
Chairman Speedling asked, since this affects one well within just a few feet of the 5 mile radius, could
Stillwater run without that well?
Mr. Benson replied that the well would have to be permanently disabled, not just shut off, because it
pumps directly into the large underground reservoir. The other option would be to drill a new well 4-
5 feet from the existing one and pipe it into the building, placing it out of the 5 mile radius.
Commissioner Jensen stated when she joined the Board, it was part of a consortium of the North and
East Metro working with other communities on a feasibility study regarding using surface water,
specifically from the St. Croix River.
Mr. Benson confirmed that there was a study of the possibility of Stillwater, Oak Park Heights and
Bayport sharing a system for surface water treatment, which generated a lengthy report.
Mr. Sienko continued explaining the other permit amendments: the City would have to develop a
residential irrigation plan by the White Bear Lake lake level; enact a per capita water use plan to
phase down residential water use; and collaborate with other municipalities. There are still many
unknowns: timing; pandemic impacts; whether the DNR will try to change Stillwater's permit or if the
District Court would change the requirement for Stillwater. More information will be forthcoming.
Ordinances, Roles and Responsibilities of the Utilities Commission
City Administrator McCarty provided general information on how the Utilities Commission will work.
The City Council has held a first reading of the ordinance outlining the roles and responsibilities of the
Commission. He reviewed the duties and responsibilities delineated in the ordinance and invited
comments before it is brought for review at the next Council meeting.
Commissioner Whitcomb asked if storm water will be overseen by the Utilities Commission.
Mr. McCarty answered that storm water is not contemplated as part of the Utilities Commission
review at this time because it is tied more into streets. At this point, the Utilities Commission handles
only water distribution and sanitary sewer.
Page 2 of 5
Utility Commission Meeting January 14, 2021
City Attorney Land added that the major shift for this body is to recognize that it is now a
recommendation body to the Council. As of January 1, the Utilities Commission does not have
authority to enter into contracts, but will recommend to the Council if such action needs to be taken.
Commissioner Jensen pointed out that both drinking water and sanitary sewer involve citizen
behavior which significantly impacts functioning and efficiency. The Board of Water Commissioners
struggled a bit to communicate and educate citizens. She feels providing guidance and
recommendations on education and communications to residents could be added to the list of duties.
She also acknowledged Commissioner Whitcomb's question about storm water, adding that these
days a storm water pond may be used for irrigation water as a conservation measure. At the new
Manning Avenue/Highway 36 intersection, there are stormwater ponds going in, and a lot of
industrial and commercial properties nearby which may be able to use stormwater water to offset
groundwater use. Another big issue is water softeners, which affect both drinking water and sanitary
sewers in terms of the amount of salt being used.
Ms. Land noted language about conservation policy and citizen education policy may be added to the
ordinance.
Chairman Speedling asked if the Commission is an approving body of carryover business, for instance
the rate study?
Mr. McCarty replied that in 2020, the Water Board enacted a rate change after doing a rate study. Staff
will now update the Commission regularly regarding the rates, relative to the cost of operating the
system, so that the Commission could decide when another rate study is needed and make a
recommendation to the Council.
Anonymous Donation
Mr. Benson reported the anonymous donor of a $2,000 contribution wants it to be used for people
whose water bills have been past due since 2019. This applies to 14 individuals and the donation was
applied accordingly.
City Attorney Land clarified that by state law, future donations will be accepted by the Council by a
resolution.
Commissioner Jensen asked what staff will attend Commission meetings in the future.
Mr. McCarty answered that the Public Works Director will be attending as an ex-officio member of the
Commission, along with Utilities Superintendent Benson and other City staff if needed.
City Attorney Land invited the Commissioners to a Zoom training session January 28 for all boards
and commissions.
Councilmember Polehna said he was re -appointed by the Council to be the Utilities Commission
liaison.
Clifton Larson Allen - Audit Contract for year ending December 31, 2020
Superintendent Benson explained that the audit was approved previously but no motion was taken.
Motion by Chairman Speedling, seconded by Commissioner Whitcomb, to approve the audit contract
from the December 17, 2020 meeting. All in favor.
INFORMATIONAL ITEMS
Accounts receivable balance
Page 3 of 6
Utilities Commission Meeting January 14, 2021
Mr. Benson reported that the accounts receivable balance as of December 31, 2020 is $4,703.44 and the
actual amount is $93,261.62.
Water Distribution System Overview
Mr. Benson gave an overview of the water system. It is a very old system with some pipe dating from the
late 1800s/early 1900s. There is about 96 miles of watermain, about 1100 hydrants, and about 1200 main
valves. The total storage capacity for water is about 3.2 million gallons. There are nine different pumping
stations with the ability to pump about 10 million gallons a day if needed, and just over 6,225
customers/service lines.
Councilmember Polehna asked how much water goes into the St. Croix River from the springs downtown.
Mr. Benson said it could be anywhere from 550 to 750 gallons per minute which fluctuates based on time of
year.
Chairman Speedling suggested having a tour of well houses and the Water Department building for new
Commissioners. He encouraged them to ask questions and meet the staff.
Mr. McCarty added that at the next meeting, the Public Works Director will provide background on the
sanitary sewer system.
Commissioner Jensen suggested that once the pandemic is over, the Commissioners should also tour the
water treatment plant.
Councilmember Polehna added that the City has been working on a riverbank stabilization project from
Nelson Street to Sunnyside Marina, the major goal of which is to protect the sanitary sewer lines which are
very close to the St. Croix River.
Mr. Benson led discussion of changes to the notice informing customers of the rate increase so it will be
clearer. It will be sent out with bills and will be in the City newsletter.
Commissioner Jensen asked if the City has a communications staff.
Mr. McCarty replied there is no designated Communications staff. It's a collective effort. In the future that
is probably a position that the City needs to address.
Commissioner Hudak asked about the existence of a health, safety and security plan.
Mr. McCarty stated the City has an emergency operations plan that encompasses everything the City does.
It's time to update it. The City's Emergency management director is the Chief of Police. The City also has a
risk management/wellness committee of Staff that reviews workman's comp issues and incidents.
Chairman Speedling asked about guidance on how to handle meetings.
Mr. McCarty responded that the City's public bodies are currently meeting by Zoom. Commissioners and
Councilmembers may be in the conference room. The City expects to be able to do hybrid meetings in the
future - Zoom and in -person both depending on COVID guidelines.
Chairman Speedling asked about the City staff's rate of infection.
Mr. McCarty replied that in 2020, there were about 40 cases of COVID-related absences among staff. There
was no known direct transmission staff -to -staff nor any staff requiring hospitalization. Inside all facilities of
the City, currently if there is more than 1 person, they must be masked and distanced.
Next Meeting 2-11-2021
Councilmember Polehna said he will be unable to attend, but there will still be a quorum.
ADJOURNMENT
Page 4 of 5
Utility Commission Meeting January 14, 2021
Motion by Chairman Speedling, seconded by Commissioner Jensen, to adjourn. All in favor. The meeting was
adjourned at 9:47 a.m.
ATTEST:
Beth Wolf, City Clerk
Steve Speedling, Chair
Page 5 of 6
SANITARY FACTS AND FIGURES
❖ The City Sanitary Sewer System dates back to 1911 when sewer was installed on the South Hill
of the City.
❖ The original Sewer system was combined with the storm sewer.
❖ In 1973, the City there was an extensive project that separated the storm sewer from the
sanitary sewer
❖ Today, the sanitary system consists of over 91.6 miles of sewer main, 2301 sanitary manholes,
and 13 Lift stations.
❖ There are over 6600 service connections in the City
❖ Pipe material consist of clay, concrete, PVC, ductile and cast iron Pipe.
❖ Wastewater flows from the City to St. Croix Wastewater Treatment Plant in Oak Park Heights..
This Treatment plant was originally owned by the City of Stillwater.
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MEMORANDUM
To: Utility Commission Members
From: Shawn Sanders, Director of Public Works Building
Date: February 9, 2021
Subject: Update of Utility Projects in the City
Background
The following is a list of planned and proposed utility construction projects in the City of
Stillwater for 2021. Projects on the list will be updated to the commission and new projects
added as they made aware to the City
City Utility Projects
• Greeley Street Lift Station — Scope includes replacing the existing wet well/dry well lift
station with a submersible pump and add capacity to the pumps The project was
designed and bid in 2020. Construction began January 2021, and will be completed by
the end of February 2021. Design and construction oversight by Bolton and Menk.
• Brick Street Generator Replacement- Scope includes replacing the 50 year generator at
the Brick Street Lift Station. Quotes have been received and approved. Staff is working
with the contractor on construction time frame. Project to be completed in 2021.
• Market Place Lift Station- Scope includes adding a bypass manhole to the existing
Market Place Lift Station. A bypass manhole allows continued operation of the lift station
by way of generator, in case the mechanically or electrical compounds of the lift station
fail. Design of the project began in 2020 and was to be completed with the Greeley Street
Lift Station, but was halted due to concerns of budget from the pandemic. Bolton and
Menk are completed the plans and will be ready for bid this winter. Project to be
constructed and completed in 2020.
• 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. Staff is working on a proposal for the engineering plans. Design and construction
is to be completed in 2021.
• Pump Upgrades — Scope includes rehabilitation of the pumps at Well #6 and Well #9.
Staff working with contractors to submit quotes work scheduled to be completed in 2021.
• SCADA Systems Upgrades — Scope includes converting from telephone system to
radios for information monitoring and tying into the SCADA used for lift station
monitoring. Staff is meeting with vendors for proposals. Scope will look into chemical
monitoring
• Risk and Resilience Assessment and Emergency Response Plan- Assessment
certification of the City's pump houses system is required to be completed by June 30,
2021. Emergency Response plan completed six months afterward after the certification.
TKDA is working on the certification.
The following list is the current and proposed Developer Projects and utility impacts
• White Pine Estates- New residential development along County Road 12 across from
Northland Park. Development would require construction of utilities; sewer and water are
located on the north side of the development. and water would be looped to the existing
water main on the south side of County Road 12.
• Zvago- 48-unit cooperative living located at the northwest corner of intersection of Brick
and Olive Street. Utilities are being extended from Brick Street for sewer and water
being extended from to Deer Path. Construction Begin in Winter of 2020
• Heifort Hills 2nd Addition - Residential private development south of Highway 96, west
of Oak Glen. Water would be looped from Heifort Hills First Addition to Oak Glen
Trail. Sewer would be extended form Oak Glen Trail.
• Central Commons Development- Mixed use development with retail and apartments
located on the southeast corner of Highway 36 and Manning Avenue. There no utilities in
the area and will have to be extended from the west end of Curve Crest Boulevard and go
under Highway 36.
• - Redevelopment of the block bounded by Second, Myrtle, Union Alley and Chestnut
Street. Existing structure to be demolished and replace with apartments. No new utilities
will be needed.
RISK AND RESILIENCE ASSESSMENTS 6EPA
AND EMERGENCY RESPONSE PLANS:
NEW REQUIREMENTS FOR
DRINKING WATER UTILITIES
Section 2013 of America's Water Infrastructure Act of 2018
(AWIA) requires community water systems' that serve
more than 3,300 people to complete a risk and resilience
assessment and develop an emergency response plan.
I' ecerti ic. do
3
RISK AND RESILIENCE
ASSESSMENT
Your utility must conduct a risk and
resilience assessment and submit
certification of its completion to the
U.S. EPA by the following dates:
- -- March 31, 2020 if serving .1.00,000 people.
I: December 31, 2020 if serving 50,000
to 99,999 people.
June 30, 2021 if serving
3,301 to
— 49,999 people.
Every five years, your utility must review
the risk and resilience assessment and submit a
recertification to the U.S. EPA that the assessment
has been reviewed and, if necessary, revised.
Visit the U.S. EPA website to find more
information on guidance for developing a risk
and resilience assessment at https://www.epa
.gov/waterriskassessment/conduct-drinking-
water-or-wastewater-utility-risk-assessment.
EMERGENCY RESPONSE PLAN
Your utility must develop or update an emergency
response plan and certify completion to the U.S. EPA no
later than six months after risk and resilience assessment
certification. Each utility deadline is unique; however, the
dates below are the due dates for utilities who submit a risk
and resilience assessment certification by the final due date
according to the population served.
September 30, 2020 if serving >_100,000 people.
June 30, 2021 if serving 50,000 to 99,999
people.
December 30, 2021 if serving 3,301 to
49,999 people.
Within six months of submitting the recertification
for the risk and resilience assessment, your utility
must certify it has reviewed and, if necessary,
revised, its emergency response plan.
Visit the U.S. EPA website for guidance on
developing an Emergency Response Plan at
https:/rwww.epa.gov/waterutilityresponse/deve
lop -or -update -drinking -water -or -wastewater -
utility -emergency -response -plan.
TOOLS OR METHODS
AWIA does not require the use of any standards, methods or tools for the risk and
resilience assessment or emergency response plan. Your utility is responsible for
ensuring that the risk and resilience assessment and emergency response plan address
all the criteria in AWIA Section 2013(a) and (b), respectively. The U.S. EPA recommends
the use of standards, including AWWA J100-10 Risk and Resilience Management of Water
and Wastewater Systems, along with tools from the U.S. EPA and other organizations,
to facilitate sound risk and resilience assessments and emergency response plans.
Section 2013 of AWIA applies to community water systems. Community water systems are drinking water utilities that consistently serve
at least 25 people or 15 service connections year-round.
Still have questions about the new AWIA requirements?
Contact the U.S. Environmental Protection Agency (U.S. EPA) at dwresilience@epa.gov.
Office of Water (4608T)
EPA-817-F-19-004
May 2019
FREQUENTLY ASKED QUESTIONS
I need more information about risk and resilience
assessments and emergency response plans:
Risk and resilience assessments evaluate the vulnerabilities,
threats and consequences from potential hazards.
What does a risk and resilience assessment include?
• Natural hazards and malevolent acts (i.e., all hazards).
• Resilience of water facility infrastructure (including
pipes, physical barriers, water sources and collection,
treatment, storage and distribution, and electronic,
computer and other automated systems).
• Monitoring practices.
• Financial systems (e.g., billing systems).
• Chemical storage and handling.
• Operation and maintenance.
Who should I work with when creating my emergency response plan?
• Utilities must coordinate the risk and resilience assessments, as well as the emergency response plans with local
emergency planning committees.
For more information, see www.congress.gov/bill/115th-congress/senate-bill.
It
. w.
What does an emergency response plan include?
• Strategies and resources to improve resilience,
including physical security and cybersecurity.
• Plans and procedures for responding to a natural hazard
or malevolent act that threatens safe drinking water.
• Actions and equipment to lessen the impact of a
malevolent act or natural hazard, including alternative
water sources, relocating intakes and flood protection
barriers.
• Strategies to detect malevolent acts or natural hazards
that threaten the system.
I need more information on the certification process:
What do I need to submit to the U.S. EPA?
• Each utility must submit a certification of your risk and
resilience assessment and emergency response plan.
Each submission must include: utility name, date and a
statement that the utility has completed, reviewed or
revised the assessment. The U.S. EPA has developed an
optional certification template that can be used for email
or mail certification. The optional certification form will
be available in August 2019.
Who can certify my risk and resilience assessment
and emergency response plan?
• Risk and resilience assessments and emergency
response plans can be self -certified by the utility.
How do I submit my certification?
• Three options will be provided for submittal: regular
mail, email and a user-friendly secure online portal. The
online submission portal will provide drinking water
systems with a receipt of submittal. The U.S. EPA
recommends using this method. The certification system
will be available in August 2019.
When can I submit the initial certification?
• Utilities should wait to submit the initial certification to the
U.S. EPA until the U.S. EPA publishes Baselinelnfonnation
on Malevolent Acts Relevant to Community Water Systems,
which is required under AWIA by August 2019.
Do I need to submit my certification to my state
or local government?
• No. Section 2013 of AWIA does not require utilities to submit
the certification to state or local governments.
How long do I need to keep a copy of my risk and
resilience assessment and emergency response plan?
• Utilities need to keep a copy of both documents for five years
after certification.
What if I do not have a copy of my most recent
risk and resilience assessment?
• The U.S. EPA intends to destroy vulnerability assessments
(VAs) submitted in response to the Bioterrorism Act of 2002, but
if utilities would like to have their VA and certification
documents mailed to them, contact WSD-Outreach@epa.gov,
and on utility letterhead, include the utility name, PWSID,
address and point of contact as an attachment to the email.
_ .-_
RESOURCES & TOOLS
Conducting a Risk and Resilience Assessment
• The U.S. EPA's Risk and Resilience Baseline
Threat Document (available August 2019).
• The U.S. EPA's Vulnerability Self -Assessment.
Developing an Emergency Response Plan
• Emergency Response Plan Guidance.
• The U.S. EPA's Emergency Response Webpage.
• Local Emergency Planning Committees.
The U.S. EPA Website
• https://www.epa.gov/waterresilience/americas-water-infrastructure-act-2018-risk-assessments-and-
emergency-response-plans.
Still have questions about the new AWIA requirements?
Contact the U.S. Environmental Protection Agency (U.S. EPA) at dwresilience@epa.gov.
Office of Water (4608T)
EPA-817-F-19-004
May 2019