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HomeMy WebLinkAbout2021-01-14 UC MINi 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: • W.) i.A4'\ Robert Benson, Utilities Superintendent (4— Steve Speedling, air Page 5 of 6