Wanamingo City Council Minutes - June 13, 2022

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CITY OF WANAMINGO

City Council Regular Meeting

Monday, June 13, 2022 7:00 P.M.

Wanamingo City Council Chambers – 401 Main Street

Wanamingo, MN

CALL TO ORDER: Mayor Holmes. 

PRESENT: Council:  Ryan Holmes, Larry VanDeWalker, Stuart Ohr, & Eric Dierks

City Administrator: Michael Boulton

Deputy Clerk: Karen Masters

ABSENT: Council: Jeremiah Flotterud

ALSO PRESENT:   Dan Fritz, Annette Fritz, David Friese, Keith Krier, Wayne Livingston, Keith Allen, Brad Kennedy, Lindsey Loken, Cal Fulton, Nellie Anderson, Dylan Loken, Jean Fulton, Todd Greseth, Barney Nesseth, and Delores Loken.

ADOPT AGENDA:  VanDeWalker motioned to adopt the agenda adding 2022 Nuisances Discussion and Sanitary Sewer District Update to Old Business, seconded by Ohr.  Passed 4-0-0.

CONSENT AGENDA:  Ohr motioned, seconded by Dierks.  Passed 4-0-0.

PRESENTERS:

A) Brad Kennedy reported on:

1) Swimming pool up and running early this year

2) Finished flushing hydrants

3) Changed out forty-two water meters this past month.

4) Tool down road closure tape/barricades on 3rd Street E and Nelson Drive

5) Pressure washed Riverside Park playground equipment.  Will be ordering replacement parts for cracked playground equipment for installation later this summer

6) Sprayed weeds along curb/gutters of streets, downtown sidewalks, and parks.

7) Mowed at the WWTP, community garden, undeveloped lot boulevards, and other various areas around town.

B) Todd Greseth – Goodhue County Commissioner reported on:

1) Working on finalizing ARPA spending including the recent $2.5 million to officially close the Bench Street Landfill

2) Wanted to purchase EMS radios with remaining County ARPA funds.  The County was advised that this was not an appropriate use of ARPA funds.  The Minnesota Legislature opted not to approve bill for radio replacement funding.  The County Board is looking at other funding mechanisms to purchase additional EMS radios throughout the County.

3) Emerald Valley II Addition, a Wanamingo Development in which 30 undeveloped lots had been tax forfeited, will be sold off in 4-5 parcel discounted groupings

4) Goodhue County is down 29 employees from roughly two years ago.  Many of the employees are due to the detention center being short of staff

Boulton stated that he had been in contact with a developer looking into the Emerald Valley II tax forfeited lots.  Boulton stated that the lacking infrastructure and cost to install is the impending issue holding up the sale and future development in this area of Wanamingo.  Holmes thanked Greseth for attending the Wanamingo City Council meeting and providing a County update.

NEW BUSINESS:

RESOLUTION:

Ordinance #199 - Enacting and Adopting the Sixth Supplements to the Code of Ordinances for the City of Wanamingo and Declaring an Emergency: Ohr moved to approve, Seconded by VanDeWalker.  The ordinance recognizes the codifications made to the Wanamingo Code of Ordinances made since 2017.  Boulton stated that the Codification update cost roughly $1,800 from American Legal Publishing.  Boulton stated that staff would be working on switching out pages to the Code books and that the new updated PDFs would be uploaded to the City website.  Passed 4-0-0.

22-039 = Adopting 2022 3rd Quarter Maintenance Work Plan: Dierks moved to approve, Seconded by VanDeWalker.  Passed 4-0-0.

22-040 = Setting Date for Budget Workshop City Council Meeting: Ohr moved to approve, Seconded by Dierks.  Passed 4-0-0.

22-041 = Declaring Wanamingo 4th of July Celebration a Community Event Within the City of Wanamingo: VanDeWalker moved to approve, Seconded by Ohr.  Passed 4-0-0.

22-042 = Accepting 2022 4th of July Fireworks Monetary and In-Kind Donations: Ohr moved to approve, Seconded by Dierks.  Passed 4-0-0.

22-043 = Approving the Appointment of Election Judges for the 2022 Primary and General Elections: Dierks moved to approve, seconded by Ohr.  Passed 4-0-0.

22-044 = Approving Pay Request No. 1 to Caldwell Tanks, Inc. for the Cenex Water Tower Portion of the 2022 Utility Improvements: Ohr moved to approve, seconded by VanDeWalker.  Boulton stated that the Pay Request No. 1 total is for $292,543.  Passed 4-0-0.

22-045 = Approving Separate Land Lease Agreements with WANA-PROP LLC, Jeff’s Welding, and Concast Inc. for the July 3rd Wanamingo Fireman’s Dance and 4th of July Fireworks: Ohr moved to approve, seconded by Dierks.  Passed 4-0-0.

OLD BUSINESS:

Mayor Holmes stated that the enforcement process with Wanamingo Locker/Blondies Butcher Shop had been approved at the May Wanamingo City Council meeting.  A letter had been sent to Wanamingo Locker/Blondies Butcher shop outlining their portion of the MPCA approved compliance plan to eliminate blood, animal guts/tissue, and fleshings from entering into the discharge of water or wastes.  The approved compliance plan includes the following:

-30 days for the locker to provide a written letter back to the City on how they plan to meet the goal of eliminating blood, animal guts/tissue, and fleshings from entering into the discharge of waters or wastes.

-60 days provide a written update on progress toward meeting goal

-90 days to meet goal.  If goal is not met a written request made to the City outlining why goals have not been met.  State how long of a realistic extension to meet goal.

If the locker has not met the three milestones of 30, 60, and 90 days the City would consider them in violation.  The City may fine, block sanitary sewer service pipe, or take legal action.  The City will inform the Minnesota Pollution Control Agency of the violation.

Holmes thanked the Fulton’s for attending the meeting.  Lindsey Fulton stated that this was the first time invited to the meeting and was disappointed that she had not been approached in the process.  Holmes stated that Council meetings are open to the public and that anyone is welcome to share concerns with the Council.  Holmes stated that he and staff have had numerous conversations with Fulton and had advise that changes were needed to collect blood before going down the drain.  VanDeWalker stated that Fulton had been invited to the Council meeting and that he, other Council members, and staff have had numerous conversions to make corrections in the slaughtering process to limit blood and animal biproducts from entering the wastewater collections system.  Ohr was happy that Fulton had come to a Council meeting and was glad to finally address the concerns.  Ohr stated that was disappointed that this is the first time that a proper discussion at a Council meeting, on this topic, took place between the City and the Locker to find a remedy.

Lindsey Fulton provided photos and briefly explained on how blood and animal biproducts are collected as part of the slaughter process at the locker.  Lindsey Fulton stated that this process was put into place nearly two years ago.  Lindsey Fulton stated that most of the blood is collected and could not believe that there continues to be substantial amounts of blood and animal biproducts at the WWTP coming from the locker.  Lindsey Fulton stated that to fully eliminate the City sewer in the process would require the installation of a collection tank.  The tank and changes needed to install is estimated to cost $15,000.  The monthly cost for pumping and cleanout is estimated at $1,000 per month.  These costs are an extreme burden on a small business and could threaten the livelihood moving forward, if required.  VanDeWalker thanked Fulton for explaining the changes that had been made.  However, the Locker needs to submit a written plan as per the MPCA approved plan. 

Lindsey Fulton asked what had recently changed at the sewer plant to hurt operations.  Lindsey stated that the locker continues to slaughters 3-5 large animals per week.  The locker also conducts catering and teaching at the facility.  Kennedy stated that the MPCA conducted its yearly visit in June 2021.  The MPCA Environmental Specialist observed blood and animal fleshing in the effluent and started asking questions regarding locker plants.  Kennedy stated that the MPCA requires the City to regulate discharge from users of its wastewater treatment facility.  The MPCA was concerned with blood from the Wanamingo Locker.  The City is required to prevent any pass through of pollutants or any inhibition or disruption of the City’s facility, its treatment process, or its sludge processes or disposal that contribute to the violation of the conditions of the permit or any federal or state law or regulation limiting the release of pollutants from the POTW.  The City is required to prohibit the discharge of the following to its wastewater treatment facility: Solid or viscus pollutants which obstruct flow.  Any pollutant, including oxygen demanding pollutant such as biochemical oxygen demand, released at a flow rate or pollutant concentration that will cause interference or pass through. 

Kennedy stated that the changes described by the Locker that were put in place were not sufficient and that there is weekly blood and animal biproducts coming into the WWTP.  Kennedy stated that there needs to be trust between the City and the Locker that any mitigation is working and will continue to work.  Cal Fulton asked how the City could prove that the blood and animal biproducts had come from the locker.  Cal Fulton suggested that residential households thawing meat could produce blood that appears at the WWTP.  Cal Fulton challenged the credentials of City staff and the WWTP licensed operator to know where the blood was coming from.  Call Fulton stated that women in the community are contributing to the WWTP issues.  Kennedy stated that the staff, including himself and the WWTP licensed operator went through numerous class hours and continuing education for the sewer plan licenses.  Small amounts of residential blood from cooking are diluted where gallons of blood from butchering are not able to dilute.  Kennedy stated that staff have opened manholes upstream and downstream of the Locker to see no read on the upstream and bright red on the downstream of the Locker, when in the process of butchering.

Holmes stated that the Locker needs to provide a written plan of what has been outlined at the meeting by the Fulton’s.  Holmes stated that the plan would be reviewed and the process could be review and suggestions could be made to improve.  Cal Fulton asked how the WWTP is disrupted being the Lockers has operated the same for 80 years.  He asked if it was from growth or sludge dumping, or how the locker contributes.  Kennedy stated that there has been no sludge dumping in over a year.  Blood is high in CBOD and the live bugs at the WWTP overload on high amounts of CBOD.  The bugs slow down and disrupt the process to separate the solids from the water.  The rest of the residents pay to treat any waste that upsets the operations of the wastewater treatment facility.  Kennedy stated that the upstream and downstream manholes could opened so that the Fulton’s could see the color change when the Locker butchers.  VanDeWalker stated that it is only logical after 80 years that processing change and regulators are going to witness and require changes.  VanDeWalker was concerned that the extra phosphorus and disrupted WWTP operations were costing other taxpayers in higher sewer rates.

Cal Fulton asked how long the flow takes from the Locker to be seen at the WWTP.  Kennedy stated that the Locker flow will be seen at the WWTP between 30 minutes to an hour, depending on the flow rate.  Cal Fulton asked if the State Inspector was invited by the City.  Kennedy stated that the State Inspector comes unannounced for yearly inspections.  The inspector had not been at the WWTP in two years due to COVID and conducted a thorough review of the WWTP.  Kennedy stated that in June 2021 the inspector witnessed the blood in the effluent and specifically asked where it was coming from and if the City had a Locker plant in town.  Boulton stated that Richard Turri, the licensed WWTP operator documents photos of blood and animal biproducts.  Boulton stated that the last two years have continued to have regular documented blood and animal biproducts coming into the WWTP since changes had been implemented at the locker to mitigate blood down the drain.

Lindsey Fulton stated that there has been a lack of communication from the City with her on the blood and animal biproducts and how to remedy.  Fulton’s has not had direction on what the City wants.  Lindsey Fulton also brought up the operations of other area lockers and how they work with their cities.  Boulton stated that there are numerous ways to remedy the situation and that each remedy’s results/costs are unique to the Locker.  Boulton stated that requiring a specific remedy may not work best for the Lockers.  Kennedy stated that he had few conversations with Lindsey Fulton within the Locker building and had specifically laid out a number of possible remedies over the past three years to limit the blood going into the sewer.  Kennedy stated that other area Lockers, such as Pine Island, have built trust in the blood and animal biproduct cleaning process.  Trust and communication are key in case there are situations when some blood gets into the system.  It can be monitored and diluted so that it does not disrupt the WWTP operations.

Keith Allen expressed his concerns that the Locker fits a need in the area.  He sells animals to customers that are processed at the Locker.  Without the Locker his business would be adversely affected.  Wayne Livingston expressed his concern not pushing the Locker out of business do to the potential high costs to remedy.

Holmes stated that there is a desire to find a reasonable way forward to keep blood and animal biproducts out of the WWTP.  Holmes expressed his desire for the Locker to continue to operate in Wanamingo.  Holmes stated that Fulton’s should submit a written mitigation plan for review, which includes what has already been taking place.  City staff can monitor the flow at the upstream and downstream manholes.  Holmes apologized if there was any miscommunication or misunderstanding during this process.  Holmes stated that the key is that the City and Locker have to take action since the Minnesota Pollution Control Agency stepped in and required changes.

Cal and Lindsey Fulton agreed to put the mitigation plan in writing and provide a copy for review.  Jean Fulton stated that the Locker reputation had been damaged during this process and asked how this would be resolved.  Jean Fulton asked if the City would be taking out a newspaper add in the future once the plan was approved.  VanDeWalker stated that he continues to learn from information that is provided.  VanDeWalker had concerns with any innuendos floating around the public that hurt the Locker’s reputation.  VanDeWalker stated that he was proud that the award-winning Locker was located in Wanamingo.  Holmes stated his continued desire to work to remedy the situation with the Locker.  Boulton stated that the Fulton’s were invited to the July 11th Council meeting to discuss your written process and any potential conditions.  Ohr stated that anyone, including the Fulton’s, are welcome at any Wanamingo City Council to discuss concerns.  Boulton explained that he had sent USDA grant information to Lindsey Fulton regarding expansions.  Lindsey Fulton stated that she had reviewed the grant and was not sure if it would fit the Locker’s needs.

Boulton stated that he and Councilmember Ohr had conducted a City-wide tour and had compiled a nuisance list.  The nuisance list includes items such as junk vehicles, boats, mowing, and other junk items out in the open.  A full list was been provided to the Council to review.  The Council agreed to take the recommended actions for the nuisance list.  Boulton has been conducting calls, making site visits, and sending letters to property owners who have nuisance violations.  Many of the nuisances have been abated.  The goal is to clean up the town before the Wanamingo 4th of July celebration.

Boulton provided a sanitary sewer district capital request update.  The Minnesota Legislature adjourned without approving a bonding bill or authorizing the usage of Federal American Cares Act (ACA) State infrastructure funds.  The Cities of Goodhue, Pine Island, Wanamingo, and Zumbrota had contracted with Winthrop & Weinsteine for lobbying services through July, including as possible special session.  There does not appear to be any special sessions to be called to consider a bonding bill or authorizing the use of Federal ACA fund for infrastructure projects.  The joint sanitary sewer district capital request is currently on hold.  Without State or Federal assistance, the four communities can not afford to proceeds alone.  The monthly meetings will continue to take place for strategy to work through the next legislative session after the 2022 elections.  There will be many new faces in the legislature, more than usual due to redistricting.   Returning legislators will also be representing new areas of the State.  Hopefully there will continue to be a budget surplus to start the 2023-2024 legislative session.

*Next City Council meeting on 7/11/2022 at 7:00pm. 

Adjourn: At 8:07PM a motion to adjourn was made by VanDeWalker and seconded by Ohr. Passed 4-0-0.

Signed:

Ryan Holmes, Mayor

Attest:

Michael Boulton, City Administrator