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Home My WebLink About2007 [04] Apr 19 {Book 40} Administrdtor Judy Weyrens MdYor Richdrd Cdrlbom Councilors Steve Frdnk AI Rdssier Renee Symdnietz Ddle Wick CITY Of ST. JOSEPH www.cityofstjoseph.com St. Joseph City Council April 19, 2007 5:30 PM A workshop with members of the City Council and City Staff will be held on Thursday, April 19, 2007 at 5:30. The purpose ofthe workshop is to foster discussion between Council and Staff on various issues of mutual concern. Although a quorum will be present, no official action will be taken. St. Joseph City Council April 19, 2007 7:00 PM I. Call to Order .2. Approve Agenda 3. Consent Agenda a. Bills Payable - Requested Action: Approve check numbers 038672 - 038749. b. Donation of bikes - Requested Action: Declare the bikes as surplus property and allow the Big Brothers/Big Sisters to take possession of the bikes. c. Van Donation - Requested Action: Accept the donation of the 1998 Pontiac Trans Sport Van from the Metro Citizens Police Academy Alumni Association to replace the current K- Car. d. Development Plan - Requested Action: Authorize the Mayor and Administrator to execute the Development Agreement between the City of St. Joseph and Scherer Trucking for the construction of an addition to the existing office. e. Side and Rear Yard Variance - Requested Action: Accept the facts of finding ofthe Planning Commission granting Bill and Sally Lorentz, 40 - 5th Avenue NW, a 19 foot rear yard setback and an eight (8) foot side yard variance. f. Well Maintenance - Requested Action: Accept the quote from Traut Well for Maintenace on Well No.5 in the amount of$ 3,705.00. g. Sewer Use Ordinance - Requested Action: Authorize the Mayor and Administrator to execute the Amendment to Ordinance 42, Sewer Use and causing the same to be published. 4. Public Comments to the Agenda 5. 7:05 PM Outdoor LiquorEvent, Sal's Bar - May 11,2007 6. 7:15 PM Outdoor Liquor Event, Church ofSt. Joseph - July 3, 2007 7. 7:25 PM PreIiminary/Final Plat - LaPlayette 8. 7:40 PM Boys and Girls Club - 2007 Summer Recreation 9. City Engineer Reports a. State Aid Mileage Designation b. 2007Jade Road Improvements - Advertisement for Bids 10. Mayor Reports 11. Council Reports 12. Administrator Reports a. Affordable Housing b. District 742 Plat Update c. Compost Fees d. Request for five dogs e. Scherer Addition Platting f. Metering System g. Resolution calling for Hearing for TIF 2-1 13. Adjourn 2.)" College Avenue North' PO Box 668 . Sdint. Joseph, Minnesotd .,6174 Phone 12.0.161]2.01 Fdx 12.01610142. City of St. Joseph Bills Payable Page 1 April 16, 2007 Check # Search Name Comments Amount FUND DEPART OBJ 038672 COMMISSIONER OF REVENUE Sales Tax Audit 2006 $47.81 101 43120 441 038672 COMMISSIONER OF REVENUE Sales Tax Audit 2006 $59.77 105 42210 441 038672 COMMISSIONER OF REVENUE Sales Tax Audit 2006 $51.67 101 43120 441 038672 COMMISSIONER OF REVENUE Sales Tax Audit 2006 $51.80 101 45202 441 038672 COMMISSIONER OF REVENUE Sales Tax Audit 2006 $2.14 601 49440 441 038672 COMMISSIONER OF REVENUE Sales Tax Audit 2006 $191.26 101 41430 441 038672 COMMISSIONER OF REVENUE Sales Tax Audit 2006 $39.84 101 42120 441 038672 COMMISSIONER OF REVENUE Sales Tax Audit 2006 $619.70 601 49440 441 038672 COMMISSIONER OF REVENUE Sales Tax Audit 2006 $7.97 601 49440 441 038672 COMMISSIONER OF REVENUE Sales Tax Audit 2006 $33.34 101 41430 441 038672 COMMISSIONER OF REVENUE Sales Tax Audit 2006 $244.95 601 49440 441 038672 COMMISSIONER OF REVENUE Sales Tax Audit 2006 $5,941.36 603 43230 441 038672 COMMISSIONER OF REVENUE Sales. Tax Audit 2006 $94.88 101 43120 441 038673 CITY OF APPLE VALLEY 1991 Plow Truck $20,966.66 437 43120 550 038674 INITITATIVE FOUNDATION J Weyrens Jnt Pwrs Mtg 4/19/07 $10.00 101 41430 331 038674 INITITATIVE FOUNDATION R Carlbom Jnt Pwrs Mtg 4/19/07 $10.00 101 41310 331 038675 EFTPS Medicare Reg pp 7.1,8 & Con 4 $1,240.68 101 038675 EFTPS Reg pp 7.1, 8 & Con 4 $3,570.80 101 038675 EFTPS SS Reg pp 7.1,8 & Con 4 $3,453.54 101 038676 COMMISSIONER OF REVENUE Reg pp 7.1, 8 & Con 4 $1,584.10 101 038677 ING LIFE INS & ANNUITY COMPANY Reg pp 7.1 $673.56 101 038677 ING LIFE INS & ANNUITY COMPANY Reg pp 8 $475.00 101 038678 PERA Con 4 $389.00 101 038678 PERA Reg pp 7.1 & 8 $5,563.37 101 038679 MINNESOTA UC FUND 1 st Qtr Benefits 2007 -Gustin $4,284.60 101 42120 142 038680 QWEST -TELEPHONE telephone service.March & April $131.08 101 41941 321 038680 QWEST -TELEPHONE telephone service-March & April $131.08 101 41430 321 038680 QWEST -TELEPHONE telephone service-March & April $131.08 602 49490 321 038680 QWEST- TELEPHONE telephone service-March & April $131.08 602 49473 321 038680 QWEST -TELEPHONE telephone service-March & April $131.09 602 49472 321 038680 QWEST -TELEPHONE telephone service-March & April $131.09 602 49471 321 038680 QWEST -TELEPHONE telephone service-March & April $131.09 602 49470 321 038680 QWEST -TELEPHONE telephone service.March & April $131.09 601 49440 321 038680 QWEST-TELEPHONE telephone service-March & April $131.08 150 46500 321 038680 QWEST -TELEPHONE telephone service-March & April $131.08 105 42250 321 038680 QWEST -TELEPHONE telephone service-March & April $131.08 101 41946 321 038680 QWEST -TELEPHONE telephone service-March & April $131.08 101 45201 321 038681 A-1 TOILET RENTAL Memorial Park rental $69.23 205 45203 531 038681 A-1 TOILET RENTAL Northland Park rental $69.23 205 45203 531 038681 A-1 TOILET RENTAL Kleinfelter park rental $69.22 205 45203 531 038682 ACCLAIM BENEFITS administration $48.00 101 42120 137 038682 ACCLAIM BENEFITS administration $10.67 601 49440 137 038682 ACCLAIM BENEFITS administration $10.67 101 45202 137 038682 ACCLAIM BENEFITS administration $10.00 101 41430 137 038682 ACCLAIM BENEFITS administration $5.00 101 41530 137 038682 ACCLAIM BENEFITS administration $10.66 602 49490 137 038682 ACCLAIM BENEFITS administration $5.00 603 43230 137 038683 AFSCME COUNCIL 65 March Union Dues $328.95 101 038683 AFSCME COUNCIL 65 April Union Dues $328.95 101 038684 ALLIED WASTE SERVICES Monthly Service-March $72.35 602 49490 384 038684 ALLIED WASTE SERVICES Monthly Service-March $72.34 105 42220 384 038684 ALLIED WASTE SERVICES Residential Service-March $15,751.72 603 43230 384 038684 ALLIED WASTE SERVICES Monthly Service-March $72.34 101 45202 384 038685 ANDY'S TOWING Tow Freightliner $110.00 105 42260 220 038685 ANDY'S TOWING tow Unit #88 $117.15 101 43125 220 038686 AUTO VALUE PARTS STORES- oil, filters, grease $45.50 101 45202 210 038686 AUTO VALUE PARTS STORES- air filters $11.45 601 49440 210 038686 AUTO VALUE PARTS STORES- air filters $11.45 101 45202 210 038686 AUTO VALUE PARTS STORES- air filters $11.45 101 43120 210 City of St. Joseph Bills Payable April 16, 2007 Page 2 Check # Search Name Comments Amount FUND DEPART OBJ 038686 AUTO VALUE PARTS STORES - oil, filters grease $45.51 602 49490 210 038686 AUTO VALUE PARTS ~)TORES - oil, filters, grease $4-5.51 601 49440 210 038686 AUTO VALUE PARTS STORES - air filters $11.45 602 49490 210 038686 AUTO VALUE PARTS STORES - oil, filters, grease $45.51 101 43120 210 038687 BLUE CROSS BLUE SHIELD MN VEBA Insurance $292.00 101 038687 BLUE CROSS BLUE SHIELD MN May Aware Insurance $4,983.00 101 038687 BLUE CROSS BLUE SHIELD MN May HSA Insurance $9,547.50 101 038688 BRANNAN LOCKSMITH Keys-new employees $57.51 101 45202 210 038688 BRANNAN LOCKSMITH Keys-new employees $57.51 101 43120 210 038689 CAMERA TRADER Photo processing $10.60 101 42120 210 038689 CAMERA TRADER Photo processing $19.01 101 42120 210 038690 CARLSON TRACTOR & EQUIP CO. New Holland Maint Check $50.00 101 43120 220 0.38690 CARLSON TRACTOR & EQUIP CO. New Holland Maint Check $50.00 101 45202 220 038691 CITY OF ST. CLOUD sewer rental charges-March $16,166.41 602 49480 419 038692 COLD SPRING ELECTRIC SERVICES repair lights in cable room $81.75 101 41950 230 038692 COLD SPRING ELECTRIC SERVICES repair security lights $44.72 602 49473 230 038692 COLD SPRING ELECTRIC SERVICES repair security lights $44.72 602 49470 230 038692 COLD SPRING ELECTRIC SERVICES repair security lights $44.73 602 49471 230 038692 COLD SPRING ELECTRIC SERVICES repair security lights $44.73 602 49472 230 038693 COLD SPRING VETERINARY CLINIC kennel fees $134.82 101 42700 300 038694 CRAGUN'S Rm Reservation Conf May 9 -11 $360.51 101 41430 331 038695 FASTENAL COMPANY 12mm hexbit socket $18.35 101 45201 240 038696 FEDEX overnight for truck bid $13.70 101 43120 200 038697 GOVERNMENT TRAINING SERVICE MCMAlMACA Annual Conf-Weyrens $150.00 101 41430 331 038698 GRAINGER Load Binders, Grab Hooks $235.31 101 45202 210 0386.98 GRAINGER Load binders, Grab Hooks $235.32 101 43120 210 038699 HAWKINS WATER TREATMENT Lead test $32.00 602 49480 312 038699 HAWKINS WATER TREATMENT Phosphorus Test $51.20 602 49480 312 038699 HAWKINS WATER TREATMENT Inlfuent Bod test $91.20 602 49480 312 038699 HAWKINS WATER TREATMENT Azone 15 - Plant 2 $901.42 601 49421 210 038700 JM GRAYSTONE OIL CO., INC March Fuel Charges $104.62 601 49440 210 038700 JM GRAYSTONE OIL CO., INC UPS Charges-March $13.60 602 49490 322 038700 JM GRAYSTONE OIL CO., INC March Fuel Charges $97.38 105 42220 210 038700 JM GRAYSTONE OIL CO., INC March Fuel Charges $104.61 101 43125 210 038700 JM GRAYSTONE OIL CO., INC March Fuel Charges $104.61 101 45202 210 038700 JM GRAYSTONE OIL CO., INC March Fuel Charges $104.61 101 43120 210 038700 JM GRAYSTONE OIL CO., INC March Fuel Charges $104.61 602 49490 210 038701 JOHN T JONES Wtr Treatment Plant-Pay app 13 $112,763.07 601 49431 530 038702 KEEPRS, INC/CY'S UNIFORMS D Pfannenstein $12.67 101 42120 171 038702 KEEPRS, INC/CY'S UNIFORMS M Johnson Clothing $53.56 101 42120 171 038702 KEEPRS, INC/CY'S UNIFORMS D Pfannenstein $197.00 101 42120 171 038702 KEEPRS, INC/CY'S UNIFORMS D Magaard $16.99 101 42120 171 038702 KEEPRS, INC/CY'S UNIFORMS M Johnson $5.33 101 42120 171 038703 LANDSCAPE RESEARCH LLC Field St History Investigation $939.58 435 43120 530 038704 LAW ENFORCEMENT LABOR April Union Dues $276.50 101 038704 LAW ENFORCEMENT LABOR March Union Dues $276.50 101 038705 LEAGUE OF MN CITIES INS TRUST Water Treatment Plant 2 $2,854.00 601 49440 361 038706 LEEF BROS clothing - March service $58.71 602 49490 171 038706 LEEF BROS clothing - March service $58.71 101 43120 171 038706 LEEF BROS clothing - March service $58.71 101 45202 171 038706 LEEF BROS clothing - March service $58.71 601 49440 171 038706 LEEF BROS floor mats $51.02 101 42120 210 038706 LEEF BROS floor mats, towels $124.54 101 41430 210 038707 LEE'S ACE HARDWARE Supplies $4.27 101 45201 220 038707 LEE'S ACE HARDWARE Supplies $14.43 101 41942 210 038707 LEE'S ACE HARDWARE Supplies $31.93 601 49440 220 038707 LEE'S ACE HARDWARE Supplies $2.68 101 45202 220 038707 LEE'S ACE HARDWARE Supplies $3.84 105 42250 230 038707 LEE'S ACE HARDWARE Supplies $38.52 101 41950 210 City of St. Joseph Bills Payable Page 3 April 16, 2007 Check # Search Name Comments Amount FUND DEPART OBJ 038707 LEE'S ACE HARDWARE Supplies $94.61 101 43120 220 038708 LOSO, ANDREW Fire Hall cleaning - 15 $165.00 105 42281 300 038709 LOSO,NATHAN 1-Plann Com 1-Council1- Vet Call in 1 - $120.00 101 41950 103 038710 MACQUEEN EQUIPMENT Broom, Gutter Brooms, Short Dirt Shoes, $1,857.34 101 43220 210 038711 MAIER TYPEWRITER SERVICE Brother Toner $56.39 101 41530 200 038711 MAIER TYPEWRITER SERVICE HP Toner $71.30 101 41430 200 038712 MANEY INTERNATIONAL INC. #1 repair ele short, fuel filter $581.67 105 42260 220 038713 MEDTRONIC replacement kit-Charge Pak $117.78 105 42280 220 038713 MEDTRONIC replacement kit-Charge Pak $117.78 101 41942 220 038714 MIES EQUIPMENT air and fuel filters $174.67 101 43120 220 038714 MIES EQUIPMENT service work on Z-Trak $37.41 101 45202 220 038714 MIES EQUIPMENT air and fuel filters $174.68 101 45202 220 038714 MIES EQUIPMENT service work on Z"Trak $37.41 101 43120 220 038715 MILLS FLEET FARM pins, clips, chains, rachets $192.29 101 45202 210 038715 MILLS FLEET FARM pins, clips, chains, rachets $192.30 101 43120 210 038716 MINNESOTA ELEVATOR, INC service-April $82.57 101 41942 220 038717 MINNESOTA TRAVEL MANAGEMENT Mar lease 6073 $1,009.98 101 42152 414 038717 MINNESOTA TRAVEL MANAGEMENT Mar Lease 5244 $919.15 101 42152 414 038717 MINNESOTA TRAVEL MANAGEMENT Mar Lease 5556 $903.96 101 42152 414 038717 MINNESOTA TRAVEL MANAGEMENT Mar Lease 6002 $1,009.98 101 42152 414 038718 MN DEPARTMENT OF HEALTH M Sworski-Class B license $23.00 601 49440 446 038718 MN DEPARTMENT OF HEALTH M Johnson-Class C license $23.00 601 49440 446 038719 MUNICIPAL DEVELOPMENT CORP eda contract hours-March $2,333.13 150 46500 300 038720 NAHAN, TOM VHS Tapes $11.30 101 41950 210 038721 OFFICE MAX copy paper $64.77 101 41430 200 038721 OFFICE MAX paper $26.02 101 41430 200 038721 OFFICE MAX Clipboards, highlighters $23.21 601 49440 200 038721 OFFICE MAX copy paper $64.77 101 41530 200 038721 OFFICE MAX copy paper $64.77 101 42120 200 038721 OFFICE MAX copy paper $64.78 601 49440 200 038721 OFFICE MAX paper $26.01 101 42120 200 038721 OFFICE MAX copy paper $64.78 602 49490 200 038722 ONE CALL CONCEPTS, INC notification-March $11.60 601 49440 319 038722 ONE CALL CONCEPTS, INC notification-March $11.60 602 49490 319 038723 PITNEY BOWES postage $26.96 101 42120 322 038723 PITNEY BOWES postage $26.97 101 42120 322 038724 POWERHOUSE OUTDOOR EQUIP Equipment service parts $26.74 101 43120 210 038724 POWERHOUSE OUTDOOR EQUIP Equipment service parts $26.86 101 45202 210 038724 POWERHOUSE OUTDOOR EQUIP Equipment servcie parts $26.85 101 43120 210 038724 POWERHOUSE OUTDOOR EQUIP Equipment service parts $75.52 101 45202 210 038724 POWERHOUSE OUTDOOR EQUIP Equipment service parts $75.53 101 43120 210 038724 POWERHOUSE OUTDOOR EQUIP Equipment service parts $26.74 101 45202 210 038725 PROMOTIONAL RESOURCES INC clothing $53.00 101 43120 171 038725 PROMOTIONAL RESOURCES INC Officers clothing $164.50 101 42120 171 038725 PROMOTIONAL RESOURCES INC clothing $82.00 101 41110 171 038725 PROMOTIONAL RESOURCES INC Officer clothing & Munden ' $,253.00 101 42120 171 038726 QWEST -TELEPHONE telephone service-Mar, Apr $308.66 101 42151 321 038727 RADIO SHACK 27" LCD TV & wall mount $748.98 490 41950 580 038728 RAJKOWSKI HANSMEIER L TD LaPlayette $187.50 101 41610 304 038728 RAJKOWSKIHANSMEIER LTD Meetings $688.57 101 41610 304 038728 RAJKOWSKI HANSMEIER L TD Hollow Park Easement $12.50 101 41610 304 038728 RAJKOWSKI HANSMEIER L TD Building Inspection $25.00 101 42401 300 038728 RAJKOWSKI HANSMEIER L TD Audit pending Litigation $145.00 101 41610 304 038728 RAJKOWSKI HANSMEIER L TD Developer agreements $37.50 101 41610 304 038728 RAJKOWSKI HANSMEIER L TD Ordinances $2,330.50 101 41130 304 038728 RAJKOWSKI HANSMEIER L TD Meadowvale $712.50 425 43122 530 038728 RAJKOWSKI HANSMEIER L TD Community Plats $48.00 101 41610 304 038728 RAJKOWSKI HANSMEIER L TD Verizon $57.50 . 101 41610 304 038728 RAJKOWSKI HANSMEIER L TD School $12.50 101 41610 304 City of St. Joseph Bills Payable Page 4 April 16, 2007 Check # Search Name Comments Amount FUND DEPART OBJ 038728 RAJKOWSKI HANSMEIER L TO Rentals $232.00 101 42120 304 038728 RAJKOWSKI HANSMEIER L TO , Criminal Matters $3,500.00 101 42120 304 038728 RAJKOWSKI HANSMEIER L TO Arcon $800,50 101 41610 304 03.8728 RAJKOWSKI HANSMEIER L TD Morningside/Sand Co $12.50 101 41610 304 038728 RAJKOWSKI HANSMEIER L TD Contract for Deeds $37.50 101 41610 304 038729 RELIABLE ROLLOFF Dumpster Centennial Park $205,00 205 45203 531 038730 RENGEL PRINTING Jansky/Pfannenstein $151.72 101 42120 200 038731 SEH Dataview Online $833.33 602 49490 215 038731 SEH Wellhead Protection I & II $334.50 601 49434 530 038731 SEH Wtr Trtmt Plant #2-Construction $15,728.29 601 49431 530 038731 SEH Dataview Online $833.34 601 49440 215 038731 SEH Dataview Online $833.33 101 41430 215 038732 ST. CLOUD MEDICAL GROUP Buttwieler, Paggen Employee screening $121.50 101 43120 300 038732 ST. CLOUD MEDICAL GROUP Buttwieler, Paggen Employee screening $121.50 101 45202 300 038733 ST. CLOUD TIMES Millstream Planning Comm Ad $257.40 101 41120 340 038733 ST. CLOUD TIMES Finance Director Ad $684.45 101 41530 340 038734 ST. JOE TOUCHLESS CAR WASH carwash $5.35 101 42152 210 038735 ST. JOSEPH NEWSLEADER Sal's Bar outdoor event $22.75 101 41120 340 038735 ST. JOSEPH NEWSLEADER Church of St. Joseph-Outdoor event $22.75 101 41120 340 038735 ST. JOSEPH NEWS LEADER Public Hearing Lots 12 & 13 $45.50 101 41120 340 038735 ST. JOSEPH NEWSLEADER Millstream $32.50 101 41120 340 038736 STEARNS COUNTY RECORDER record Turbes A, Order of St Ben & Thomas $138.00 101 41910 431 038737 STEARNS COUNTY SHERIFF'S 2006 4th Quarter MDT units $227.52 101 42152 210 038737 STEARNS COUNTY SHERIFF'S 2207 1 st Quarter MDT units $227.52 101 42152 210 038738 STRATEGIC EQUIPMENT owe Is, can liners, tissue $81.54 101 45202 210 038738 STRATEGIC EQUIPMENT towels, can liners, tissue $81.55 105 42280 220 038739 SUNRAY PRINTING Case bind 21 Minute Books $1,325.73 101 41430 300 038740 TENVOORDEMOTORCOMPMANY Rescure Veh #5 $781.15 105 42260 220 038741 TIREMAXX SERVICE CENTERS Repair brake leak #81 $447.69 101 43125 220 038742 TRAUT WELLS Water samples-Lab School, Sals, Bo Diddley $57.00 601 49420 312 038743 UNIQUE PAVING MATERIALS 1.5 paving material $170.61 101 43120 210 038744 UNUM LIFE INSURANCE disability insurance-May $567.36 101 038745 US CABLE internet service-April $55.95 101 41430 321 038745 US CABLE internet service-April $45.95 105 42250 321 038745 US CABLE Fiber Network Lease $675.00 601 49431 530 038746 VERIZON WIRELESS cell phone $80.57 105 42250 321 038746 VERIZON WIRELESS cell phone $227.27 101 42151 321 038746 VERIZON WIRELESS cell phone $214.76 101 41430 321 038746 VERIZON WIRELESS cell phone $35.58 101 43120 321 038746 VERIZON WIRELESS cell phone $39.02 602 49490 321 038746 VERIZON WIRELESS cell phone $35.58 101 45202 321 038748 WERNER ELECTRIC SUPPLY 6 - Decorative Poles $130.08 101 43160 230 038748 WERNER ELECTRIC SUPPLY photo eye, 250 watt & 150 watt bulbs $99.08 101 43160 230 038749 XCEL ENERGY March usage $48.93 101 45201 381 038749 XCELENERGY March usage $10.27 101 45201 381 038749 XCELENERGY March usage $29.44 101 42610 386 038749 XCELENERGY March usage $73.40 101 43120 381 038749 XCELENERGY March usage $33.84 101 45201 381 038749 XCELENERGY March usage $2,099.70 101 43160 386 038749 XCELENERGY March usage $15.41 101 43120 381 038749 XCEL ENERGY March usage $347.99 101 41941 381 038749 XCEL ENERGY March usage $64.89 601 49410 383 038749 XCEL ENERGY March usage $81.84 601 49410 383 038749 XCELENERGY March usage $805.07 101 41942 383 038749 XCELENERGY March usage $668.65 101 41942 381 038749 XCELENERGY March usage $891.48 101 41941 383 038749 XCELENERGY March usage $16.60 601 49410 381 038749 XCELENERGY March usage $374.75 602 49480 381 038749 XCELENERGY March usage $242.62 602 49480 383 City of St. Joseph Bills Payable April 16, 2007 Page 5 Check # Search Name Comments Amount FUND DEPART OBJ 038749 XCELENERGY March usage $100.45 602 49470 381 038749 XCEL ENERGY March usage $70.49 602 49471 383 038749 XCELENERGY March usage $735.57 105 42280 381 038749 XCELENERGY March usage $1,038.96 105 42280 383 038749 XCELENERGY March us.age $171.62 101 43160 386 038749 XCELENERGY March usage $3.12 101 42500 326 038749 XCELENERGY March usage $172.81 101 45201 383 038749 XCEL ENERGY March usage $535.39 101 . 45201 383 038749 XCELENERGY March usage $405.99 601 49410 381 038749 XCEL ENERGY March usage $405.99 601 49420 381 038749 XCELENERGY March usage $223.51 601 49435 381 038749 XCELENERGY March usage $176.82 101 45202 381 038749 XCELENERGY March usage $17.37 101 45123 381 038749 XCELENERGY March usage $60.31 101 45202 381 038749 XCELENERGY March usage $165.45 601 49410 381 038749 XCELENERGY March usage $30.93 101 45123 383 038749 XCELENERGY March usage $16.50 601 49410 381 038749 XCELENERGY March usage $411.43 601 49410 381 038749 XCELENERGY March usage $40.44 101 43120 381 038749 XCELENERGY March usage $259.21 101 43120 383 038749 XCEL ENERGY March usage $3.34 101 42500 326 $279,122.63 ,L'" r Council Agenda Item6/:) fZlrrYf)Y:,!mJ()iS,~pf:l MEETING DATE: 04/19/07 AGENDA ITEM: Donation .fBikes . of= SUBMITTED BY: Chief Peter E. JanSk~ BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: None BACKGROUND INFORMATION: The Big Brothers/Big Sisters are looking for bikes to provide to needy children. The request would be for the bike that are found during the year and sold at auction in the spring. . These folks would do whatever fixing would be needed and give them to the children. BUDGET/FISCAL IMPACT: None ATTACHMENTS: Request letter REQUESTED COUNCIL ACTION: Declare the bikes as surplus property and allow the Big Brothers/Big Sisters to take possession of the bikes. Big .Brothers Big Sisters of Central Minnesota April 1 0, 2007 To Whom It May Concern: Jerry Siegfied has contacted us about bikes you have available for donation. Big Brothers Big Sisters of Central Minnesota would love to make some of these bikes available to the "Littles" in our program. Although we would not be able to store the bikes, we could put an item in our May newsletter offering a bike to any child in our program who needs one. We could also make these bikes available to the "Littles" who live in Bel Clare Estates. Most of the children in our program are at risk andfrom single-parent homes. Many could not afford to buy a bike. Offering these children a bike would be a wonderful gift that they would truly treasure. Thank you for considering our request. If you have any questions, you can call me at 320-258-4515. Sincerely, f;dhMw; 6~/u:j Bethany Bamberg Case Manager "Our work is elementary as putting afriend in a child's life, and as essential as putting hope into a child's future. " . UnlbedWay of Central Minnesota An affiliate of Big Brothers Big Sisters of America 15 Sixth Avenue North St. Cloud, MN 56303 T 320.253.1616 F 320.253.1702 www.bbbscentralmn.org "-;'" '. - '. ",:,". ". . . .. .. . cm~ OF;8T,JOSitIWH Council Agenda Item ~. JG- MEETING DATE: 04/19/07 AGENDA ITEM: Accept Donation of van. SUBMITTED BY: Peter E. Jansky, Chief J BOARD/COMMISSION/COMMITTEE RECOMMENDATION : Pass PREVIOUS COUNCIL ACTION: None BACKGROUND INFORMATION: The Metro Citizens Police Academy Alumni Assn has offered to donate to the police department a van. The van is a 1998 Pontiac Trans Sport Van. The van has 144,000 miles on it. This vehicle would replace the K-Car that is pretty well worn out. BUDGET/FISCAL IMPACT: $1000.00 ATTACHMENTS: See Information REQUESTED COUNCIL ACTION: As I stated above, the K-Car is pretty well worn out. We use this vehicle as an undercover vehicle and a supplemental vehicle for extra details. The reserves use this vehicle vs. working with a marked squad. I would recommend accepting this vehicle. We have a need for this vehicle and this would fit. The money needed would take care of the mechanical repairs. I would also propose that this vehicle when not use by the police departnient could be used by other departments of the city. We do not plan on installing any radio equipment. We would install some lights so that we could use this vehicle in some emergency incidences. MET ROC I T I Z EN S POL ICE A CAD E MY ALUMNI ASSOCIATION An Opportunity to Help Area Police Officers and Your Community! March 23,2007 Dear Chief Jansky, Our organization was told that you may be looking for a cotrullUnity service vehicle to possibly replace your current one. I put the word out and we may have found a vehicle you may be interested in. The vehicle seems to be in overall decent shape with a few minor repairs needed. I spoke with the current owner and we have secured the donation if your department would like to use this vehicle. The vehicle is a 1998 Pontiac Transport with 144k, 3.4 engine, automatic, power windows, power locks, air condition, cruise control, dual rear sliding doors and cloth seats. Our organization has only been, around for a few years and we are very eager to help thank the local departments for working to keep our community safe. The Metro Citizens Police Academy Alumni Association has recendy acquired the 501 C3 non-profit status and has no personal or political interest in this transaction. We would like to offer this to the St. Joseph Police Department at no charge. The vehicle would remain in the donor's location until the department would take possession. I have enclosed a few photos of this vehicle for you to. make the decision. If there are any questions please give call me and I will answer any. questions. Sincerely, Vince Thiel, President Metro Citizens Police Academy Alumni Association (Home) 656-0515; (Work) 253-5203 .1 j .1J;! t).v- P.O. BOX 218 . ST. JOSEPH, MN . 56374 Kelley Blue Book - Private Party Value Pricing Report - Pontiac, Trans Sport ..... / ....(;11I1"\11.,;. '.. ." ;~__""'.' .UKE. ..' . :1Iitt.. advertisement Page 1 ~ S!ENtt, TO PRI NTER ' .c: , ..,leteTar F.n.i.".!tY...Q......~...r.. 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The Private Party Value assumes the vehicle is sold "As Is" and carries no warranty (other than the continuing factory warranty). The final sale price may vary depending on the vehicle's actual condition and local market conditions. This value may also be used to derive Fair Market Value for insurance and vehicle donation purposes. a3D get your . '.. './' refundfastf Dnl.f' $2! FIN:Isr. 7'lree s- - advertisement - Browse of-line. (JAVA OPTIONAL) http://v..TV\TV\' .kbb .com/KBB/tJ sedCars/Print/PricingReport.aspx ?V ehicleClass=U sed Car &M... 3/23/2007 U sed Car Value Page 1 of2 Autos Classic Cars Motorcycles Boats Recreation Vehicles Manufactured Homes Buy a Price Gu , Take a Shl New Car Used Car Search Listings I Reviews I Compare Cars I Tips & Advice I New Car Dealer Quote -. - . 61' .~ ;.:w Body Style Make Used Pricing Year Standard Features ~ Specs & Perfonnance ~ Photos & 360 Views ~ Reviews ~ Safety ~ Vehicle History Report Check the history of a vehicle Press GO or Enter VIN .;Autoch""d' Search Listings Pontiac ZIP 56303 ~-1Jf ""~_. Estimated Payment $57.28/Month Apply for a loan now .__.JI:1..~" 'Insurance Quote Free GEICO insurance quote GIeIC:Q G Trusted Partners Find a Dealer Check Your Credit Donate Your Vehicle DMV Forms . detaUed de$crlption:;;, _ ., multiplec::.olor photos fl. 'II.... 11' '...... . , ,.. . ,- ',",.' 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I) NEXT STEPS Loan rates as low as 6.55% APR FREE Credit Report & Score Get DMV Forms to transfer title Donate Your Vehicle Find this Vehicle Sell Your Car Save Hundreds on Insurance Payment Calculator Note: Vehicles with low mileage that are in exceptionally good condition and/or include a manufacturer certification can be worth a significantly higher value than the Retail price shown. Disclosure statement .,~"di1:~'" Oentral Service 1100 6th 8t N Saint Cloud,Minnesota. 56303 Phone - 320;.654-0991 Fax - 320-253-7020 ESTIMATE # 008790 NAPA AUTOCARE CENTER esTIMATE FOR SSRVICES Estimate Date: 03114/2007 1998 Pontiac - Trans Sport Montana Lic# : Odom~tet In: 144806 Unit # : VIN #: 1GMDX03E7WD340635 Cust Id: Part Description I Number Oty List Extended Labor Description Extended Parts: $ 407.02 Labor: $ 510.26 Current Estimate. .. $945.78 Tax: $ 28.50 Total: $ 945.78 Revision Amount. .. $0.00 Revised Estimate. .. $945.78 Ride to work service ava/iab/e. . I hereby authorize the above repair work to be done along with the necessary material and hereby giant you and/or your emploYee$ permission to operate the vehicle described for testing and/or inspection. Express mechanic's lien is hereby acknowledged on above vehicle to secure the amount of repairs thereto. TEARDOWN ESTIMATE: I understand that my vehicle will be reassembled within_days (jfthe date shown above in choose not to authorize the service recommended. All Parts removed will be discarded unless instructed otherwise: Save all Parts_. NOT RESPONSffiLE FOR LOSS OR DAMAGE TO CARS OR ARTICLES LEFT IN CARS IN CASE OF FIRE, THEFT OR ANY OTHER CAUSE. Vehicles left over 5 days wit be charged storage. SIGNA TIlRE......... _.... _................................................... _............................ ,Date......................................... Time......................... JANSKY, 11\1I Page2of2 01.20.2001 esl1 btd Council Agenda Item erry OR H'C.lOUl'n MEETING DATE: April 19 , 2007 AGENDA ITEM: Development Plan - Request Action: Authorize the Mayor and Administrator to execute the Development Agreement between the City of St. Joseph and Scherer Trucking for the construction of an addition to the existing office. . SUBMITTED BY: Judy Weyrens BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Comrnission reviewed the request of Scherer Trucking to construct an addition to the existing office. During staff review it was noticed that the proposed addition crossed the property line of the existing house. Even though the property is under one ownership and zoned the same, a building cannot cross the property line. Scherer is agreeable to platting the property as it has been divided many times and a metes and bounds description. If the two parcels were joined, the existing home and office, the property would contain two principal uses which is not permitted by Ordinance. Scherer stated that the plans of Scherer Trucking are to remove the existing house when the current renters leave and seed the entire area as open space. With that understanding the Planning Commission recommended the Council authorize execution of the Development Agreement between the City of St. Joseph and Scherer Trucking with the following conditions: 1. Scherer Trucking will prepare a plat for the entire site and include the City parcel adjacent to the Scherer property and 12th Avenue. The plat will be finalized before the Certificate of Occupancy is released. 2. Scherer Trucking agree that the existing house will be removed within five (5) years or when the current tenants leave, which ever comes first. 3. The City will waive the platting fees in exchange for the inclusion of the City parcel and 12th Avenue. PREVIOUS COUNCIL ACTION: N/A BACKGROUND INFORMATION: The City requires a Development Agreement for all Commercial and Industrial Development Plans. The purpose of the Development Agreement is to memorialize the actions of the Planning Commission and City Council. In addition, if the project extends into more than one construction season the City can require escrows for landscaping to assure the project is completed. The Council has previously established that if the Planning Commission unanimously approves a site plan the Development Agreement can be placed on the Consent Agenda for approval to execute. BUDGETIFISCAL IMPACT: N/A ATTACHMENTS: 1) Development Agreement; 2) Staff Recornmendation to PC; 3) Application; 4) Site Plan REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the Development Agreement between the City of St. Joseph and Scherer Trucking. CITY OF ST. JOSEPH DEVELOPER AGREEMENT THIS AGREEMENT, made and entered into this day of April, 2007, by and between Gene Scherer & Sons Trucking, a Minnesota corporation hereinafter called "Developer" and the City of St. Joseph, Minnesota, a municipal corporation, hereinafter called the "City". WITNESSETH: WHEREAS, the Developer is the owner of a certain real property located within the City limits which is legally described in Exhibit A according to the platthereof on file with the Steams County, Minnesota Recorder (the "Property"); and WHEREAS, the Developer has submitted to the City for approval the plans and drawings listed on Exhibit B attached hereto ("Development Plan"); WHEREAS, the Development Plan calls for the construction of an addition onto the existing office building located on the Property ("Project"); and WHEREAS, the City's Code of Ordinances allows the City to require a Development Agreement to provide for inspection and review during the construction of the Proj ect; NOW, THEREFORE, in consideration of the mutual covenants expressed herein, IT IS HEREBY AGREED AS FOLLOWS: 1.0 REQUEST FOR AND CONDITIONS OF THE DEVELOPMENT PLAN APPROV AL 1.1 Request for Development Plan Approval: The Developer has asked the City to grant final approval of the Development Plan for the Project to be constructed on the Property. 1.2 Conditions of Development Plan approval: The City, after requisite notice and hearing, has granted final approval of the Development Plan subject to the terms and conditions of this agreement. 1.3 Scope of Agreement: This Agreement, and the terms and conditions hereof, apply only to the Project. This Agreement does not obligate Developer to construct the Project, but Developer must comply with the Agreement if it goes forward with the Project. If Developer elects or is unable to go forward with the Project, or chooses not to rebuild the Project after a fire or casualty, it may propose to the City a new project or development for the property, subject to the regulations then in effect for development approvals, and the Agreement shall not apply in any manner to such a new proposal. 2.0 . RIGHT TO PROCEED The Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings, until all the following conditions have been satisfied: (1) this Agreement has been fully executed by both parties and filed with the City Administrator; (2) the City has issued a letter that all conditions have been satisfied and that the Developer may proceed, which letter will not be unreasonably withheld or delayed. 3.0 DEVELOPER CONSTRUCTED IMPROVEMENTS 3.1 DEVELOPMENT PLAN COMPLIANCE: All buildings and accessory structures shall be sited and constructed on the Property as shown on the Final Site Plan prepared by Cole Group Architects dated 3/07/07 (referred to in Exhibit B) (hereinafter the "Development Plan"), subject to the provisions of this agreement. Any deviations from the Development Plan shall require prior approval by the City Planning Commission. 3.2 BUILDING STRUCTURE: 1030 square foot addition to the existing office. The building material will consist of Rock Face Block Veneer. 3.3 BUILDING CODE COMPLIANCE: All buildings and accessory structures shall be constructed in accordance with the Minnesota State Building Code as adopted and modified by the St. Joseph City Code. 3.4 SITE PREPARATION: The Developer shall comply with any erosion control method ordered by the City for the prevention of damage to adjacent property and the control of surface water runoff. As the development progresses, the City may impose additional erosion control requirements if in the opinion of the City Engineer such requirements are necessary. 3.5 BUILDING ELEVATION: The proposed building(s) will not exceed the building elevations shown on the Development Plan. 3.6 BUILDING EXTERIOR: The building exterior shall consist of Rock Face Block Veneer. Any changes in the exterior materials shall require final approval by the City Planning Commission. 3.7 INGRESS/EGRESS: Scherer shall use the lih Avenue access as the sole means of ingress and egress for trucks. 3.8 SIGNAGE: The Development Plan did not include signage. If the Developer requests to locate a sign on the premise, the sign must be in conformance with S1. Joseph Code of Ordinances 52.11. 3.9 LIGHTING: Lighting shall not exceed .40 candlewatts at the property line. 3.10 OFF STREET PARKING AND LOADING: The Developer shall provide at least 8 off street parking spaces, including 1 handicapped spaces and loading area(s), as shown on the Development Plan. The parking lot shall be constructed with a hard surface consisting of asphalt or a similar surface material approved by the City Engineer. 3.11 GRADINGIDRAINAGE: The final drainage plans must be approved by both the City Engineer and the County Engineer. 3.12 LANDSCAPING/FENCING/SCREENING: As directed by the landscape design, the Developer shall provide open green space and extend the existing shrubbery. The vegetation shall be planted as shown on the landscape design. All lawn sodding and other landscaping shall be substantially complete by the "Completion Date" (See Sec. 3.20). The HV AC equipment, dumpsters and off-street parking shall be screened from view as shown on the Development Plan. The City may inspect the Proj ect to ensure that all required vegetation, fencing, and screening are installed. 3.13 UTILITY PLAN: The utilities shall be installed as directed by the City Engineer with all plans approved before application for a building permit. 3.14 ADDITIONAL IMPROVEMENTS: None 3.15 NPDES/CITY OF ST. JOSEPH SWPPP: At the time of application for a building permit, a completed storm water application must be submitted and before work can begin, a copy of the MPCA permit must be submitted to the City and must be posted at the job site. 3.16 FIRE/SAFETY REQUIREMENTS: Project must be constructed to comply with City Code and statutory requirements. 3.17 REQUIREMENTS FOR BUILDING PERMIT: No building permit shall be . issued for this Property until the Developer has signed and returned this Development Agreement, obtained any necessary easements and. provided the City with a copy of the easement documents, and submitted any additional information as directed by the City Engineer. 3.18 REQUIREMENTS FOR CERTIFICATE OF OCCUPANCY: The Certificate of Occupancy shall be issued in accordance with State and City building codes, provided Developer has complied with the terms of this Development Agreement. 3.19 CONSTRUCTION SCHEDULE: The Developer shall apply for a building permit within one year of the execution of this agreement. Failure to apply within the one-year period, shall render this agreement null and void and Developer may not proceed with the Project. The improvements shall be substantially completed by the first (1 st) anniversary of the date the building permit for the Project has been issued to Developer, and no later than the second anniversary of the execution of this agreement, subject to reasonable extension for delays due to force majuere causes and material supply shortages beyond the control of Developer (the "Completion Date"). 4.0 GENERAL TERMS AND CONDITIONS 4.1 Title. The Developer hereby warrants and represents to the City, that Developer's interest in the Development is fee owner. 4.2 Binding Effect on Parties and Successors. The terms and provisions of this Agreement shall be binding upon and accrue to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Development and shall be deemed covenants running with the land. Reference herein to Developer, if there be more than one, shall mean each and all of them. This Agreement, at the option of the City, shall be placed on record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Property and/or Project and all recording fees shall be paid by the Developer. If the Property and Project are sold or conveyed to a third party, and the third party, in a writing satisfactory to the City, takes and assignment of, and agrees to assume the obligations of the Developer under, this Agreement, the prior owner/transfer will, from and after the effective date of the assignment and assumption, be released from any further obligations under this Agreement. 4.3 Notice. Any notices permitted or required to be given or made pursuant to this Agreement shall be delivered personally or mailed by United States mail to the addresses set forth in this paragraph, by certified or registered mail. Such notices, demand or payment shall be deemed timely given or made when delivered personally or deposited in the United States mail in accordance with the above. Addresses ofthe parties hereto are as follows. If to the City at: City Administrator City of St. Joseph PO Box 668 St. Joseph, MN 56374 If to the Developer at: Gene Scherer & Sons, Inc. Chuck Scherer PO Box 178 St. Joseph MN 56374 4.4 Incorporation of Documents bv Reference. All of the Development Plan documents identified in attached Exhibit A and Exhibit B are incorporated by reference in this Agreement. 4.5. License to Enter Land. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Property to perform inspections deemed appropriate by the City during the development of the Property. 4.6 Certificate of Compliance. This Agreement shall remain in effect until such time as Dev~loper shall have fully performed all of its duties and obligations under this Agreement. Upon the written request of the Developer and upon the adoption of a resolution by the City Council finding that the Developer has completed performance of all Developer's duties mandated by this Agreement, the City shall issue to the Developer on behalf of the City and appropriate certificate of compliance. The Certificate of Compliance shall be in recordable form and shall constitute prima facie evidence that the Developer has performed its duties and obligations under this Agreement. 4.7 Assignment. At anytime before a Certificate of Compliance has been issued, this Agreement may not be assigned by Developer except upon obtaining the express written consent of the City. 4.8 Integration. This Agreement contains all of the understandings and agreements between the parties. This agreement may not be amended, changed, or modified without the express, written consent of the parties hereto. 4.9 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 4.10 Governed bv Minnesota Law. This Agreement shall be interpreted under the laws of the State of Minnesota. 4.11 Representation. Rajkowski Hansmeier Ltd. represents the City with regard to this Agreement. Developer is hereby advised to seek, and has consulted, an independent legal advisor prior to the execution of this Agreement. 4.12 Additional Terms. The following additional terms are being made a part of this Development Agreement to continue in force and effect as though they were dedications of the Development Plan, unless according to their terms are intended to terminate earlier. 4.12.1 Developer agrees to prepare a plat for all property owned by Developer at the current site and the plat shall include, in addition to the Developer's Property, the City of St. Joseph parcel adjacent to the Developer's property and lih Avenue. 4.12.2 Developer agrees and understands that a Certificate of Occupancy will not be issued for the new office building until the final plat has been approved. 4.12.3 The parties agree that the cost of the platting will be shared between the Developer and the City of St. Joseph on a pro rata basis determined by the amount of area owned by each entity. 4.12.4 The City shall have the right to determine the lot and block lines for the City-owned property, and Developer shall have the right to determine the lot lines for the Developer-owned property, however, the parties agree to work out any common area lines. In addition, the Developer agrees that it will plat the Developer's property into a minimum of three (3) lots. The lots shall conform to current Zoning Ordinance regulations. 4.12.4 If the existing residential home is located on the same lot as another building, Developer agrees that the residential home will be razed or removed from the property when the current tenants vacate the home, or it must be razed or removed within five (5) years from the date of this Agreement, whichever occurs first. 4.12.5 The City agrees to waive any platting fees in exchange for the inclusion ofthe City parcel and 12th Avenue into the plat. 5.0 DEFAULT AND REMEDIES 5.1 Default. Failure by the Developer to observe and perform any covenant, condition, or obligation contained in this Agreement shall be considered a default by the Developer under this Agreement. 5.2 Right to Cure. The City shall give the Developer written notice of any default under this Agreement. The Developer shall have 10 days in which to cure the default (or in which to commence good faith efforts to cure if the default is one which cannot reasonably be cured in 10 days). 5.3 Remedies. If an event of default is not cured by the Developer within the applicable cure period, the City may do any, all or any combination of the following: a. halt all further approvals regarding improvements or issuance of building permits or occupancy permits relating to the Development Property; b. seek injunctive relief; c. take any other action at law or in equity which may be available to the City. Effective as of the day and year first written above. CITY: ATTEST CITY OF ST. JOSEPH By Judy Weyrens, Administrator By Richard Carlbom, Mayor DEVELOPER: GENE SCHERER & SONS By ~Y!~1 Charles Scherer "0d ~~ Vice President/Owner Its STATE OF MINNESOTA) )ss COUNTY OF ) This instrument was acknowledged before me on , 2007 by Richard Car1bom and Judy Weyrens, the Mayor and City Administrator respectively, of the City of St. Joseph a Minnesota municipal corporation, on behalf of said City. NOT~LSTAMPORSEAL (OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL STATE OF MINNESOTA) )ss COUNTY OF ) This instrument was acknowledged before me on , 2007, by Charles Scherer, the Vice President/Owner of Gene Scherer & Sons Trucking, Inc. a Minnesota corporation, on behalf of said corporation NOT~LSTAMPORSEAL (OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD CONTINUE TO BE SENT TO PREVIOUS OWNER THIS DOCUMENT DRAFTED BY: Thomas G. Jovanovich - 5284X Rajkowski Hansmeier Ltd. 11 Seventh Avenue North P.O. Box 1433 St. Cloud, MN 56302 Telephone: (320) 251-1055 EXHIBIT A LEGAL DESCRIPTION (Parcel ID R84.53430.019) All that part of the East One-half of the southeast Quarter (E 'l2 ofSE '14), of Section Ten (10), in Township One Hundred Twenty-four (124) North, of Range Twenty-nine (29) West, lying Northerly of old U.S. Highway numbered Fifty-two (52) as now laid out, constructed and traveled over and across said E 'l2 of SE Y4 aforesaid and more particularly described within the following metes and bounds to-wit: Beginning at a point on the North line of E Y2 of SE Y4 , distant 61 feet West of the NE comer thereof, thence South parallel to the East line of said E Y2 of SE Y4 , a distance of 192 feet to the intersection with the Northerly right-of~way line of said old U.S. Highway No. 52, a distance of 487.7 feet; thence North a distance of 229.50 feet to a point on the North line of said E Y2 of SE Y4 which is 546 feet West of the NE comer thereof thence East of said North line of the E Y2 of SE Y4 a distance of 485 feet to the point of beginning, in Steams County, Minnesota. And (Parcel ill R84.53450.009) All that part ofthe Southeast Quarter of the Northeast Quarter (SE Y4 ofNE Y4) of Section Ten (10), Township One Hundred Twenty-four (124), Range Twenty-nine (29), Steams County, Minnesota, lying South of Highway 75 and Easterly ofthe West 793.92 feet thereof. And (Parcel ID R84.53431.001) The West 107.47 feet of the West Halfofthe Northwest Quarter (W 'l2 ofNW Y4 ) located to the South of County Road #75, in Section Eleven (11), Township One Hundred Twenty- four (124) North, Range Twenty-nine (29) West, Steams County, Minnesota. \ \ \ \ \ ~ \ ~ \ s ;> \ (f> "-1 " , "JJ rf~ 1'1 \ .-1 \ \ . \ "'~'!!~_o~"~-...:.L.- Wpt:....1M. KWU4 ,WI..4,.lIr.ll. II . \ . \ . ", ! <:. , . .1'\: ~.il(" .~. ,~ ,..g.. ~-. .~~>l; I . H [~ \ \ \ t[ ,- =:8 'I ~~ 'K ,!I.OD~O"OO.EIU.'l . \ "\ . - r~ /t1J.:J.1 --" ~_a.oo':'" .. EXHIBIT B :\~ u Ii u ~:~ ~.:\~" ..... I::a~ f' P"':... 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'Il1.~ i llr '~.!~"i ~f i"'..~ !i f,;J ~f;. ~!~"f."lt.t~r.i .r~!I<~! :"; - 1"!lf~~r(LI ~f~ri S~f:I.J" tlh jfi.'tft!'.~ if~.. - l!'. .'l>.~",.. ..'l" ..,"'.I.ili ..,1.- '.u_ .f - . an" 'Ii IJ .'='.'l' -1-'" iil>.n~i~ll " :i;'iiliif!!~ ~t!fi ~i "*. U &i-I< .1~ilhl1f' i~1< rfi~r- ~ i ~I f- =f. F.i I r 1 t Ii t! Ilo! .[",~JI:l Ilotr" i ii"iq:;:!" i!....lf 1<. 12!;f "its lI""fr-fo ~~i ~. If. .. :'.....1 hit 11_ C'" H! . :iJi~l . !a=. fA .. ~ pI/I i' thE 1i il~ .if~!ri lh. galii .. . I "'= .HI r~ .~, . f-"r 1:': ~ ~ - '''_'''w__'' ...&..,__, I I J I I I ~ I o :" I :;: .0 ":u --l ::r: I !T] ;u z :u ~ I l;a.. r::.> ! o~~ / I OJ <: ;u . r- .,. : 5 ill m -)> ill 'm r m < )> -j Q z .~ EXHIBIT B cont. ( ." ~D !i~ .' cO o ~ g ~., oe" oe ~~~ n<O ,"" Ill~ ~~~ Z o 3% >. ~~ 0, " o. xQ .> ~~ ~o ~. o~ '. ~ ,<0 . o ~ t 00 oX x;; ~~ cO o ~ ~ D ~. ox -.;; c:! <. "" . o ~ !!!t() ~~ ~ ~~ ..~ g~ l> ~'1Ir ~h r... 0 ~o -i ~illm I:~(f) , !' ~ ----- U> ::j m -0 r l> Z ~. Z Z f'l (J) O. -I )> (J) -I :::u f'l f'l -I EXHIBIT B..cOIlt. \0 U =. ~ ~~ . ~ ~ .' I ) ------- \[I] ./ I ~ \ J ~I' . <..~ 12TH AVE. N.E. \ . il~q B ----I m ,. . ~ ~ i- (III -.0 ~ l~~~ ~ ~ ~ . n C/) )> I ~ Ul EXHIBIT B cont. ., ro :r. . ;110 00 oz ::Ill m ;jJ m it: o m 0:1 ll~ :!!m oOll> m 2e~~R . x ; 4 Z o z .' CO 0' .0 . ~ .' ro ij' .0 . Planning. Commission Agenda Item crt'Y (}JJ SlUO$El'f[ MEETING DATE: April 2, 2007 AGENDA ITEM: Development Plan, Office Addition Scherer & Sons Trucking SUBMITTED BY : Chuck Scherer PREVIOUS PLANNING COMMISSION ACTION: In 2006 the Planning Commission approved the request of Scherer Trucking to construct a parking lot on the vacant lot that abuts Minnesota Street. The parking lot has been constructed and the terms of the development h~lVe been satisfied. BACKGROUND INFORMATION: Chuck Scherer submitted a request to construct an addition to the" existing office. In reviewing the submittal information the use is consistent with the B2 Zoning District and the exterior, height, setbacks and parking requirements have been satisfied. The site plan did not include a landscape plan or equipment and storage screening. I will attempt to have this information available on Monday night. The one issue that was noticed is that the proposed office will cross the existing property line. Even though the property is under one ownership and has one zoning classification, buildings cannot cross a property line. The staff is recommending the property be platted to clarify the legal descriptions. As you can see from the following plat, the legal descriptions are metes and bounds and have been split before. The other alternative is to recommend the Council approve a minor subdivision (lot split). ATTACHMENTS: 1) Request for PC Action; 2) Application; 3) Site Plan REQUESTED PLANNING COMMISSION ACTION: Accept the staff recommendation and require the property owner plat the property as presented. If timing is an issue, the Planning Commission could recommend the Council approve a rninor subdivision and require the final plat before the final certificate of occupancy. If this option is selected then the Planning Commission would recommend authorization to draft the development agreernent authorizing issuance of the building peimit. The Development Agreement would then include a provision that the property must be platted before the CO is issued. I I ( I APPLICATION FOR PLANNING CONSIDERATION OITY OF S,. JO;SBPH 25 Oollege' Ave'nt.te NW P . C). Bex&U St. Joseph,. MN 56374 (320)3,63..7201 or Fax (320)363..0342 STATE OF MINNESOTA) )ss COUNTY OF STEARNS) NAME: G<e-l1e Sc.i e Y-e..-V ADDRESS: / ao 7. ~ J- SCH1 S' Tril(dc,'".,~ :Z'J1epHONE: 3 &.."~ 36..3 - 0/). SO ~R.r+ MJ'V". r1 sf;;J1J S~~ . 1"k1J'VC ~(; :57'7' , l!We, the undersigned, hereby make the following application to the City Council and Planning Commission of the City of St Joseph, Steams County, Minnesota. (Applicants have the responsibility of checking all applicable ordinances pertaining 10 their application and complying with all ordinance requirements): 1. Application is hereby made for: (Applicant must check any/all appropriate items) _ Rezoning _ Zoning Ordinance Amendment _ Home Occupation Permit - Surface Water Management Plan (Grading Permit) _ PUD _ Building Mover's Permit - Building Moving - Owner's Permit X Development Plan Approval _ Other, please specify: 2. Legal description of land to be affected by application, including acreage or square footage of land involved, and street address, if any: ..:). t. CtJ r Jt -e. Y - 3. Present zoning of the above described property is: 4. Name, address a2d p. hone number of the pr.esent owner. oftl)e above described land: Char /.es S c4eYev- ~.3 'i(.- /&.f 1Iw.. S t:. S,+ C/D'5y{,r /4foN' .s-1;.7 71,1" 3~3 - ~/7r 5. Persons, firms, corporations or other than applicant and present owner who mayor will be interested in the above described land or proposed improvements within one year after issuance of permit applied for, if granted, are: I 6. Attached to this application and made a part thereof are additional material submission data requirements, as indicated. Applicant Signature: Owner Signature: ~ Date: Date: 3-'-07 3-(; -07 FOR OFFICE USE ONLY DATE SUBMITTED: DATE COMPLETE: DATE OF PUBLIC HEARING PUBLICATION DATE: Planning Commission Action: _ Recommend Approval _ Recommend Disapproval Date of Action: Date Applicant/Property Owner notified of Planning Commission Action: . City Council Action: _ Approved _ Disapproved Date of Action: Date Applicant/Property Owner notified of City Council Action: ~ O-~ Sa'J g~ ~.. 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"10"10 SLIDER $0'-0' ,'-0' L 3"-ON PLOTTED: OJ- 07-07 ALE: 07026p3 COM' 1 l-k I ill - . . . , i- . ... ~ -- t.) .- ... .. 0 .. e e ~ SJ I I II In V _ e 2J) l.S x e T r 9 c r I III sear d b adta fa d 1I I a,5pc,ato e 0 ~ r m If c: U ul I cad rc It c MN eo r , 0 I I I T N S " t r $ ) . 1 7m Qr -m < l> -l o z }. :IIJlZ I~ ~O~ oOilJ I~O m<O xm~ Oiffill :!m:J> ZilJO (;1m -I o ilJZ om ()E 1I111 1)-1 }>m zm mr r -(JI [Dr-----~--- (JI-I -- -I- ilJZ c" o -I o Z j t (;I I -I --t~ om OX ~(ji -I:! ilJZ cC> o -I o Z 1"" Council Agenda Item ,j-6 arv. t)lHfllJO$Kffl MEETING DATE: April 19, 2007 AGENDA ITEM: Side and Rear Yard Variance - Requested Action: Accept the Finds of the Planning Commission and grant a 19 foot variance on the rear yard setbapk and an eight (8) foot variance on the sideyard setback. SUBMITTED BY: Judy Weyrens BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission conducted a public hearing on April 2, 2007 to consider the variance request of Bill and Sally Lorentz. No one appeared before the Commission to speak on behalf or against the proposed variance. The Planning Commission unanimously recommended the Council grant the variance and have submitted findings offact. The Planning Commission determined that when Park Terrace was developed the building regulations required that the front/street setback form a straight line. As you can see from the attached the proposed accessory building would meet the requirements of the existing neighborhood. In fact, Mr. Lorentz had to seek a 15 inch variance for the corner of the house that was not in line with the properties on Ash Street. In addition, the curb cut that has been in place for rnany years also placed the accessory building 5 feet from the property line. The Planning Commission also accepted the staff request to conduct a public hearing to amend the accessory building setback for rear yard back to the original feet for rear or 10 feet on side. When the Ordinance was amended and the rear yard setback was changed to 20% of the depth of the lot, it was not realized that the revision would place accessory buildings in the middle of yards. Placing accessory building in the middle of yards leaves room for outdoor storage to accumulate. It is anticipated that this hearing will be conducted in May. PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: The Council has previously established that unanirnous actions of the Planning Commission will be placed on the next available Council meeting as a consent agenda item. Therefore, since the recommendation to grant the variance was unanimous the itern has been placed on the consent agenda. If anyone has questions please feel free to contact me. Also the PC minutes have been included in the packet as information. BUDGETIFISCAL IMPACT: N/A ATTACHMENTS: 1) Fact of Finding; 2) Hearing Notice; 3) Application; 4) Proposed Plan; 5) Letter from neighbor; 6) PC Staff Recommendation REQUESTED COUNCIL ACTION: Accept the Fact of Finding of the Planning Commission granting Bill and Sally Lorentz, 40 - 5th Avenue NW a 19 foot rear yard setback and an eight (8) foot side yard variance. Plamrlng Commission Agenda Item .S" MEETING DATE: April 2, 2007 AGENDA ITEM: Public Hearing, Variance Request Bill & Sally Lorentz,. 41. - 5th Avenue NW sIfBM:rrTED BY: Bill and Sally Lorentz PREVIOUS PLANNING COMMISSION ACTION: None. BA.CKGROUND INFORMATION: In reviewing the proposed plan for Bill and Sally Lorentz two factors were considered. First the lot size was reviewed to determine that the accessory building. would meet the maximum size requirements. LorentZ's lot is approximately 14,503 square feet, and based on the Otdinance theniaxirtlum accessory building allowed would be 1,350 square feet (10% of the lot size or 13.50 which ever is less). The proposed accessory building is 576 square feet. In reviewing the property, the current accessory building is 32 x 24 or 768 square feet. In adding the addition, 576 square feet, to the existing space, 768 sqUare feet, the total accessory space is 1344 square feet, With that. imormation, the lot is large enough to handle the proposed accessory building, and the maximum square footage of accessory space is not exceeded. The application for the variance request discusses the impact of the new setbacks in an existing neighborhood. Please see item #7 for the agenda, proposed Ordinance Amendment. The property owner in this case is trying to match the new garage with the existing neighborhood. As you can see from the illustration if the two variances are granted, the new accessory building will be in line with the garage on the one property line and the house on the other side. For illustrative ptrrposes, lhave highlighted in yellow where the building would have to be placed if the new setbacks are required. As you can see the accessory building becomes placed in the middle of the yard. I do not think this was the intent of the amended Ordinance. With the building placed in the middle of the yard, the adjoining neighbor would now look at an accessory building from their patio. You will see on the plan a second curb cut on Ash Street. This is an existing curb cut that is grandfathered in. This curb cut also indicates that a second accessory structure was planned, using the . standatd 5' setback The proposed accessory building is consistent with the existing neighborhood and strictly enforcing the setbacks would cause non~confortnity with existing uses. ATTACHMENTS: 1) Hearing Notice; 2) Application; 3) Proposed Plan 4) Letter from Neighbor; 5) Resolution of finding. REQUESTED PLANNING COMMISSION ACTION: Accept the findings of fact, recommending the Council grant the two variances as requested to construct an accessory structure. RESOLUTION OF'F'lNnING The request of Bill and Sally Lorentz fot a irineteen(19) foot variance on the rear yard setback and an eight (8) foot variance on the sici~ yard setback came berore the Planning Commission at a Publlc Hearing held on April 2, 2007. The purpose of the heating was to con.sider a variance to allow the construction of an accessory building. . . The property is legally described as follows: Lot 38 &. W 20' of Lot 37; Park Terrace St Joseoh Code of Ordinances 52.27Subd. 7 (b) states Side yard setbacks shall be ten (10) feet from the property line for the rriain itrUctttre and any garage or accessory structure. Where the side yard abuts a public right of way, the side yatd setback shall be thirty (30) feetfr01i1 the main structure and any' garage or accessory structure. St Joseoh Code of Ordinances 52.27 Subd. 7( c) sUites Real: yard shall have a depth of not less than 20 percent of the depth of the lot . . ~ In considera.tion of the ~onnation presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph; the Planning Commission makes the following findings: FINDING: The prop.osed plan is consistent with the following provisions: St. J osenh Code of Ordinances 52,07 subd ( a)[ 11 states: "That there are exceptional or extraordinary circumstances or conditions applying to the property in question as to the intended use of the property that do not apply generally to other properties in the same zoning district. The exceptional or extraordinary circumstances must not be the result of actions taken by the petitioner. FINDING: The petitioner lives in an older neighborhood with established set backs and lot lines. The proposed accessory building matches the current neighborhood. St.Joseoh Code of Ordinances 52.07subd. (a)[21: "states that the literal interpretation of the provisions of this Ordinance wolild deprive the petitioner of rights commonly enjoyed by other properties in the same district under the tertns of this Ordinance;'. FINDING: The existing neighborhood already enjoys the same setbacks requested by the petitioner. St. JOsePh Code of Ordinances 52.07 subdla)[31: "states that granting the variance requested will not confer on the applicant a,Iiy special privilege that is denied by this Ordinance to other lands in the same district". FINDING: The existing neighborhood already enjoys the same setbacks requested by the petitioner. St. Joseph Code of Ordinances 52,07 subd.(a)[4] "states that the proposed variance will not impair an adequate supply of light and air to adjacent property, or diminish or impair established property values . within the surrounding area, or in any other respect impair the public health., safety or welfare of the residents of the City". FINDING: StriCt adherence to the Ordinance will have a negative impact on the adjoining property, as their patio doors will look out to the new garage. A variance would preserve their open space. St. Joseph Code.ofOrdinances 52.07 subd.(a)[5] "states that the condition or situation ofa specific piece of property, or the intended use of said property, for which the variance was sought, is not of so generaI.or. recurrent a nature as to make. reasonably practicable the formulation of a general regulation for such conditions or a situation". FINDING: The requestforvanance is in an old platted portion of town that is already developed. The building request will match the exitingneighborhood. St. Joseph Code of Ordinances 52.07subd. (a)[6]" states that the variance requested is the minimum variance which would alleviate the hardship on a particular property. " FINDING: The variance request places the building in line with the existing structures. St. Joseoh Code ofOtdinances 52.07subd. (a)[7] "states that the variance would not be materially detrimental to the purposes of the zoning ordinances or property within the same zoning classification." FINDING: The variance request places the building in line with the existing structures. Bob Loso, Planning Conunission Chair Judy Weyrens, Administrator Administrator ludy Weyrens Mayor R.ichdrd Cclrlbom . Councilors Steve Frank AI RClssier R.enee SymClnietz DClle Wick CITY. Of ST. JOSEPH Public Hearing City of St. Joseph The Planning Commission for the City of St Joseph will be conducting a public hearing on Monday, April 2, 2007 at 7:20 PM. The purpose of the hearing is to consider the following: 1) 19' variance on the rear yard setback and 2) 8' variance on the side yard setback. The variance is being requested to allow the construction of an accessory building. St JoseDh Code of OrdinanceS 52.27 SuM. 7 (b) states Side yard setbacks shall be ten (10) feet from the property line fol" the main structure and any garage or accessory structure. Where the side yard abuts a public right of way, the side yard setback shall be thirty (30) feet from the main structure and any garage or accessory structure. Sf. Joseph Code of Ordinances 52.27 Subd. 7(c) states Rear yard shall have a depth of not less than 20 percent of the depth of the lot . The property is legally described as follows: Lot 38& W 20' OF Lot 37; Park Terrace Bill and Sally Lorentz, 40 - 5th Avenue NW, St Joseph MN 56374 has submitted the request for Variance. Judy Weyrens Administrator Publish: March 23, 2007 Project Location 2.)" College Avenue North' PO Box bbB . SClint. loseph, Minnesotd )"6'>74 P h 0 n e "5 2. 0 . .., b .., . 7 2. 0 I F d x .., 2.0 . .., b 1 . 0 H 2. ApPLICATION FO'R VARIANCE OITY .Q;F ST. J'O.SEP'M 25 College Avenue. NW P. 0.. ~B()x S88 St. Joseph" MN 56374 (320)363-7201 or Fax (320)363-0342 STATE OF MINNESOTA) )ss coqNTY OF STEARtSS) 11W~, the undersigned; ~. owners of the plOpertydeScribed beloW, hereby appeal to the City Council and Planning Commission of the City of st Joseph, S!AAffili County, MinneSota to grant a variance from the st. Joseph City Code; (applicants have the responsibUity of checking all applicable ordinances ~iping to their application and complying with all ordinance requirements): PROPERTY OWNER NAME(S): William and Sally Lorentz PROPERTY OWNER PHONE NUMBER(S): 320.363.7560 ADDRESS: 40 - 5111 Avenue NW. $t. Joseph MN 56374 ZONING DISTRICT: R1. $inale Family LEGAL DESCRIPTION: The west 20' 01 Lot. 3.7"'. d LO.t~=mon . PROPERTY OWNER(S)' S1GNATURE(S): . ~ ~ The request(s) which we desire for our property is/are in conflict with the following section(s) of the St. Joseph City Code: Section 52.27 Subd. 7 (a) Section 522:1 Sub<!. 7 (c) Section Proposed non-confonnance(s): We would like to construct an accessory structure on our orooerW. Based on the lot reauirements we have enouah property to support the accessory buildinQ and it is within the 1350 sauare feet. What special conditions andcircumstancel? exist which are particular to the land, structure or building(s) involved which do not apply to the land, structures or building(s) in the same zoning classification (attach addifional pages as needed)? When our house was constructed all the setback reauirements were met and over the years the rear yard setback was only 5'. It was recenOv that the Ordinance was chanaed. All of the homes in the Park Terrace Addition have the existin9 setback and the new Ordinance would create a different setback for mv accessory buildina. Do any of the special conditions and circumstances result from your own actions (If the answer is yes, you may not qualify for a variance)? No. we are iust askina to construct an accessory buildina with the same setbacks as the rest of the development. What facts and considerations demonstrate that the literal interpretation of the zoning code would deprive you <>f rights commonly enjoyed by other properties in the same district under the !enns of the zoning code (attach addifional pages as needed)? Placina an accessory buildina at the reauired setback. 20%bf the depth of the lot, would break UP the ooen space in my yard and place an accessory buildina in the middle of the lot. Aaain this would nei! be in confonnance With the.rest of ,theneiohborhood. State your reasons for believing that a variance will not confer on you any special privilege that is denied by the zoning ~e to other lands, structures or buildings in the same district: Acain. tbe setback I am askina for is consistent with the rest ,of the net.~!)I'hood and I would be~the~~N~~ ~ 'i..: State your reasons for believing that the action(s) you propose to take is/are in keeping with the spirit and intent of the zoning code? The reauest .isforrelieve 00 the rear vardsetback. As stated above-even with theaccessorybtiildina we will have sufficient ooensoace and we are Withlrtthe maximumallowedaccessol)'buildina size. When the existina drivewavwasinstalled. theooenin9 wasolacedfor a future accesso"V building. we wish to use this aycessthatwasblanned untlerthe oreviousOrdinance. stat~ your reasons for believing that a strict enforcement of thE:! p~ovisions of thezOhin9 code would cause undue hardship. . Undue hardship means that the property in question cannot be put to a reasonable use if used under the conditions allowed by the zoning ordinance. Economic considerations.aloneshall not constitute an undue hardship under the tenns of this code as referenced. in state statutes: Placinathe accessol'( buildinaatthe reauiredseiback would harrn the adiacentDrooertv owner. The accessorybuildina would ,be the nelahbers vievHrom their Datio doors. djli1inishinatheiro~ view and air. . Grantinathe variance will. 01 ace the newaaraae .in line with the neiqhbors. . Attached to this application and made a part thereof are other material submission data requirements, as indicated. Owner Signature: Date: Applicant Signature: Date:' FOR OFFICE USE ONLY ATE APPLICATION SUBMITTED: ATE APPLICATION COMPLETE: . Janning Commission Action: _ Recommend Approval _ Recommend Disapproval Date of Action: ate Applicant/Property Owner notified of Planning Commission Action: . ity Council Action: _ Approved _ Disapproved Date of Action: ate Applicant/Property Owner notified of City Council Action: ..... ,.. " ...... __ 1 )~(1;""Vlet~ ' ~~e. - . B-\t( 5 o.l k( ... ":> ~ ~bf_.-- ---- ,~ .' ." '1'" ,...... . ?~ofO.se& .~ elM lot n.q 5 ) ~. CS7'" ~l/r ,l: ')ti( \ , - f"'\ ~ ~. l - ~~ .. ':to \'\ L.... oV~L. ' Il/~o<l, d-Cl 0 / .~ 'i4c, ~ 7ti -?1r~ .u ~ ~: *-eJ.~~ ~~~p~ .w-~1-~.~ ~1~ ~ rr-7 . 'JIV.< ~ ---- ~ tg' ~ ,;;(~ '~ ~ <L~~~~'~cr .~ tUUV "r".~~ ~r ~~.~. fr~~~~ ~~~r~~<tAL 'hv'. fJ'~ ~ .~ ~'pr.-v' '., . ~. Council Agenda Item 3 ~ CITY OIl' Wf.JO$fWH MEETING DATE: Aprill9,2007 AGENDA ITEM: Rehab Well No.5 SUBMITTED BY: Dick Taufen, Public Works BOARD/COMMISSION/COMMITTEE RECOMMENDATION: None PREVIOUS COUNCIL ACTION: None BACKGROUND INFORMATION: Due to normal maintenance, it is recommended that once every year one of the wells have normal maintenance done which results in one well being done every three years. BUDGET/FISCAL IMPACT: $3,705.00 ATTACHMENTS: Quote from Traut Well Co. REQUESTED COUNCIL ACTION: Authorize the expenditure of $3,705 from Traut Wells for the rehab of Well No.5. Apr. 3. 2007 5:41PM TRAUT WELLS No. 2862 P. 2/2 141 28th Ave South WaiteParklMN68387 320,;261";6090 Emall Joetraut@trautwell&.com www.trautwells.com QUOTE REHAB WELL 5 PHONE# FAX # CELL 363-7201 36Hl342 248-3370 DATE: 1J312007 NAME: CITY OF ST. JOE WELL 5 ADORES ATTN: ,DICKT. JOB# 30-3748 RE: NO PUMp. PARTS INCLUDED DescripUon MOWDEMOB TO REMOVE PUMP REMOVE PUMPS FROM WELL UNLOAD&DISASEMBLE PUMP INSTALL ACID IN WELL SeTUP DRILL RIG& JET WELL. DEMOB RIG MOB/DEMOS TO REINSTALL PUMP ACID MURATIC LIQUID CHLORINE MAASS PITlESS O-RINGS Unit Unit Price QTY Totals L$ 200.00 1 $ 200.00 HR. 150.00 3 $ 450.00 HR. 85.00 2 $ 170.00 HR. 150,00 1 $ 160,00 HR. 150.00 10 $ 1,500.00 LS 200.00 1 $ 200.00 GAL 5.00 175 $ 875,00 GAL 4.00 5 $ 20.00 EA 70.00 2 $ 140.00 TOTAL MATERIALS TOTAL LABOR INCOMING FREIGHT TOTAL $ 1,035.00 $ 2,670.00 $ 3,705.00 J~ qry OF ST.J()$ftVll Council Agenda Item ~ MEETING DATE: April 19, 2007 AGENDA ITEM: Ordinance Amendment: Ordinance 42 Sewer Use SUBMITTED BY: Jirn Marthaler, Maintenance Supervisor Tracy Ekola, City Engineer BOARD/COMMISSION/COMMITTEE RECOMMENDATION: Amend Sewer Use Ordinance PREVIOUS COUNCIL ACTION: None BACKGROUND INFORMATION: The SCA WAC is a committee comprised of all entities that use the St. Cloud Wastewater Facility. This committee meets on a regular basis to discuss items regarding the Wastewater Facility. St. Joseph has two representatives on this committee, Jim Marthaler and Tracy Ekola. As most of you are aware this committee has been working the needed expansion of the treatment facility. At the same time they have been reviewing new federal requirernents as they relate to the pretreatment program. All the area Cities that are part of the Wastewater Facility have similar Sewer Ordinances and the proposed amendment attached is a result of new federal requirements to incorporate the recently published Environmental Protection Agency's General Pretreatment Streamlining Rule language. St. Cloud, Waite Park, St. Augusta, Sartell and Sauk Rapids have already amended their ordinance. This committee uses the St. Cloud City Attorney to review the documents and amendments. The following is a summary of required changes: Liquid Waste Haulers - Adding language to monitor and permit liquid waste haulers (septic haulers) to ensure additional oversight ofloading contributions and to ensure charges are adequate for the services provided. Mercury Minimization Plan Requirements - The St. Cloud Wastewater Treatment Facility's discharge permit with the Minnesota Pollution Control Agency expires in December 2007. We anticipate a mercury limit in the new discharge permit requiring the addition of mercury language to the Sewer Use Ordinance. Pretreatment Program Updates - Fee adjustments, monitoring, sampling and reporting clarifications and requirements. BUDGET/FISCAL IMPACT: None ATTACHMENTS: Redlined Sewer Ordinance Summary Publication REQUESTED COUNCIL ACTION: Accept the recommendation of the Committee and authorize the May~r and Administrator to execute the Summary Publication and have the same published and authorize execution of Resolution 2007-016. Note: This since this is not a land use Ordinance a public hearing is not required. This Ordinance becomes effective upon publication. CITY COUNCIL RESOLUTION #2007-016 RESOLUTION AUTHORIZING SUMMARY.PUBLICATION OF ORDINANCE 42 (Sewer Use Ordinance) RECITALS: WHEREAS, the City Council for the City ofSt. Joseph has passed Ordinance 42, entitled "Sewer Use Ordinance". WHEREAS, the City ofSt. Joseph desires to publish the Ordinance by Summary Publication. THEREFORE, IT IS HEREBY RESOLVED: 1. The City Council has reviewed the proposed Summary Publication and finds that the summary ofthe Ordinance clearly informs the public of the intent and effect ofthe Ordinance. 2. The City ofSt. Joseph directs the City Administrator to publish the Ordinance by Summary Publication. Adopted this _ day of opposed. , 2007, by a vote of _ in favor and _ CITY OF ST. JOSEPH By Richard Carlbom, Mayor By Judy Weyrens, Administrator/Clerk CITY OF ST. JOSEPH ORDINANCE 42 (SEWER USE) SUMMARY PUBLICATION The City of St. Joseph had adopted an amendment to Ordinance 42: Sewer Use Ordinance. The purpose ofthe amendment to Ordinance 42 is a result of the new federal requirement to incorporate the recently published Environmental Protection Agency's General Pretreatment Streamlining Rule. Additionally, the amendment will also address the following: 1) Liquid Waste Haulers - adding language to monitor and permit liquid waste haulers to ensure additional oversight of loading contributions and to ensure charges are adequate for the services provided; 2) Mercury Minimization Plan Requirements; 3) Pretreatment Program Updates - adding fee adjustments, monitoring, sampling and reporting clarifications and requirements. This material is a summary of the amendments to Ordinance 42. The full test ofthe Ordinance arid amendment is available for inspection by any person during regular office hours at the office of the St. Joseph Administrator. This summary publication was adopted by the City Council of St. Joseph on the day of , 2007, and shall be effective upon publication. CITY OF ST. JOSEPH By Richard Carlbom, Mayor This summary publication was published on ,2007. AMENDMENT TO ORDIN~CE 42 SEWER USE ORDINANCE The Council for the City of St. Joseph HEREBY ORDAINS: That Ordinance 42 is revoked in its entirety and the following language enacted in its place: "Section 42.01: PURPOSE AND POLICY. This Sewer Use Ordinance (SUO) sets forth uniform requirements for discharge into the City's Sanitary Sewer System (SSS) and enables the City of St. Joseph to comply with all State (Minnesota Pollution Control Agency) and Federal (U.S. Environmental Protection Agency) laws. The objectives of this ordinance are: a) To prevent the introduction of pollutants which will interfere with the operation of the facilities; and b) To prevent the introduction of pollutants which will pass through the system inadequately treated into receiving waters of the State or the atmosphere or otherwise be incompatible with the system; and c) To comply with Federal (EP A) and State (MPCA) rules and regulations in to maintain eligibility for federal and state grants and loans for construction for improvements or upgrades; and d) To improve the ability to recycle and reclaim wastewater and biosolids from the system. The ordinance provides for the regulation of discharges to the SCWWTS through the issuance of permits to specific users and through enforcement of the general requirements for all users, authorizes monitoring and enforcement activities, provides for penalty relief, requires user reporting, and provides for the method of setting fees necessary to carry out the program established herein. . The ordinance shall apply to the City ofSt. Joseph and to persons outside the City who are, by contract or agreement with the City, users of the City's SSS. Except as otherwise provided herein, the City shall administer, implement and enforce the provisions of this ordinance. Section 42.02: DEFINITIONS. Unless the context specifically indicates otherwise, the following terms, as used in this ordinance, shall have the meanings hereinafter designed. Subd. 1: Act. The Federal Water Pollution Control Act, as amended, commonly ref.erred to as the Clean Water Act, United States Code, Title 33, Sections 1251, et. seq. o Subd. 2: Best Management Practices (BMP). The schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403.5. BMP also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Subd. 3: Biosolids. The nutrient-rich organic treated and tested residuals from the wastewater treatment process that meet federal and state standards for beneficial reuse as a fertilizer and as a soil conditioner. Subd. 4: Building Drain. That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (5') (1.5 meters) outside the inner face of the building wall. Subd.5: Building Sewer or Sanitary Sewer Service. The extension from the building drain to the public sanitary sewer main or other place of disposal. Subd. 6: Carbanaceous Biochemical Oxygen Demand or CBOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter, in the presence of a nitrification inhibitor, under standard laboratory procedures in five (5) days at 20 degrees centigrade expressed in terms weight and concentration (milligrams per liter - mg/l). Subd.7: CFR. The Code of Federal Regulations, which is the codification of general and permanent rules of departments and agencies of the federal government. Subd.8: Chemical Oxygen Demand or COD. The measure of the oxygen equivalent of that portion of organic matter that is susceptible to oxidation-by a strong chemical oxidant, using EP A approved laboratory procedures. Subd.9: Citv. The area within the corporate boundaries ofthe City ofSt. Joseph, as . presently established or as amended by ordinance or other legal actions at a future time. When used herein, the term City may also refer to the City Councilor its authorized representatives. Subd.l0: Cooling Water. The water discharged from any use such as air conditioning, cooling, or refrigeration, or during which the only pollutant added to the water is heat. Subd.ll: Domestic Waste or Normal Domestic Strength Wastewater. Wastes from residential users and from the sanitary conveniences of multiple dwellings, commercial buildings, institutions, and industrial facilities. Subd.12: EPA. The U.S. Environmental Protection Agency. Subd.13: Flow. The quantity of at which wastewater expressed in gallons or cubic feet per twenty- four (24) hours. 1 Subd.14: General Pretreatment RegUlations. The general pretreatment regulations for existing and new sources of pollution promulgated by EPA under Section 307 (b) and (c) of the Act and found at 40 CFR Part 403. Subd.15: Indirect Discharge. The introduction of pollutants or wastes into the City's SSS from any nondomestic source regulated under Section 301 (b), (c), or (d) of the Act. Subd.16: Individual Sewage Treatment System Permit. The permit required ofa person to construct a private wastewater disposal system. Subd.17: Industrial Discharge Permit or Permit. A permit issued by the City of St. Joseph to an Industrial User to use the City's sanitary sewer system as established herein. Subd.18: Industrial Waste. Solid, liquid, or gaseous wastes, excluding domestic waste, resulting from any industrial, manufacturing, commercial, institutional or business activity, or from the development, recovery, or processing of a natural resource. Subd.19: Industrial User. Any person who discharges industrial waste into the City's SSS. Subd.20: Interference. A discharge which alone or in conjunction with a discharge or discharges from other sources inhibits or disrupts the City's SSS, its treatment process, operations or solids process, use or disposal and , therefore, is a cause of a violation of any requirement of the St. Cloud WWTF's NPDES Permit or the prevention ofbiosolids use or disposal with statutory provisions and regulations or permits.. Subd. 21: Leachate. Wastewater resulting from the percolation of rain water and/or intemalliquids through the deposited material in a solid waste disposal facility. Subd. 22. Liquid Waste. Wastewater that is collected from residential units, commercial/industrial buildings and institutions within the community. Subd. 23. Liquid WasteHauler. A user that transports waste for the purpose of discharge to the City's SSS. Subd.24: Local Limits. Discharge limitations established by the City to protect the wastewater treatment process, infrastructure and the beneficial reuse ofbiosolids. Subd.25: MPCA. The Minnesota Pollution Control Agency. Subd.26: MRP. Mercury Reduction Plan to ensure the maximum allowable mercury loading to the WWTF is not exceeded. Subd.27: National Pollutant Discharge Elimination System (NPDES) Permit. Any permit or requirements issued by the Minnesota Pollution Control Agency (MPCA) pursuant to 2 the Federal Water Pollution Control Act, as amended (33 US.C. 1251 et seq); for the purpose of regulating the discharge of wastewater, industrial wastes, or other wastes under the authority of Section 402 of the Act. Subd.28: Ordinance. The set of rules contained herein governing the discharge of wastewater to the City's SSS. Subd.29: Permittee. An industrial user authorized to discharge industrial waste into the City's SSS pursuant to an Industrial Discharge permit. Subd.30: Person. The State or any agency or institution thereof, any municipality, governmental'subdivision, public or private corporation, individual, partnership or other entity, including, but not limited to, association, commission or any interstate body, and including any officer or governing or managing body of any municipality, governmental subdivision or public or private corporation, or other entity. Subd.31: pH. The logarithm of the reciprocal of the concentration of hydrogen ions in moles per liter of a solution. It is a measure of the acidity or basicity of a waste. Subd.32: Phosphorus Management Plan. The strategy used by the City, including pretreatment and operational procedures to reduce the amount of phosphorus discharged to the environment Subd.33: Phosphorus Reduction Strategv (PRS). The process of reporting, evaluating and reducing the amount of phosphorus discharged to the City's SSS. Subd.34: Pretreatment. The process of reducing the amount of pollutants, eliminating pollutants, or altering the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the City's SSS. The reduction, elimination, or alteration may be obtained by physical, chemical or biological processes, process changes or other means, except as prohibited by this ordinance. Subd.35: Pretreatment Standards. Standards for industrial groups (categories) promulgated by EP A pursuant to the Acts which regulate the quality of effluent discharge to publicly owned treatrrlent works and must be met by all users subject to such standards. Subd.36: Public Utility. The unit of municipal government and its people responsible for the operation ofthe City's SSS and this ordinance. Subd 37: Publiclv Owned Treatment Works (POTW). The treatment works as defined by Section 212 of the Act which is owned by the City of St. Cloud. This includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal solids residual or industrial wastewater of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to the WWTF. The term also means the municipality as defined in Section 502(4) of the Act, which has jurisdiction oV,er the indirect discharges to and the discharges from such a treatment system. 3 Subd.38: Residual Solids. Solids and associated liquids in municipal wastewater which are encountered and concentrated by a municipal wastewater treatment facility. Subd.39: Sewer. A pipe or conduit for carrying wastewater, industrial wastewater or other waste liquids. Subd.40: Sanitary Sewer). Pipes or conduits, pumping stations, forcemains, and all other devices and appliances appurtenant thereto, used for collecting or conducting wastewater. Subd.41: Sanitary Sewer Svstem (8SS): The City ofSt. Joseph's sanitary sewer system including all sanitary sewer collection pipes, lift stations and forcemains. The SS8 also includes the St. Cloud Wastewater Treatment Facility (WWTF) and the 8t. Cloud Sanitary Sewer Collection System, lift stations and forcemains. Subd. 42: St. Cloud Area WastewaterAdvisorv Committee (SCA WAC). An advisory group whose objectives are to share information, improve understanding of regional wastewater issues, and to improve the level of cooperation in the resolution of regional wastewater issues. Subd. 43: Shall is mandatory; May is p.ermissive. Subd.44: Significant Industrial User or SID. All Industrial Users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N and any other Industrial User that discharges an average of25,000 gallons per day or more of process wastewater to the SSS (excluding sanitary, non-contact cooling and boiler blow down wastewater), contributes a process waste stream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the SSS , or is designated as such by the control authority as defined in 40 CFR 403.12 (a) on the basis that the Industrial User has a reasonable potential for adversely affecting the SS80peration or for violating any pretreatment standard or requirement in accordance with 40 CFR 403.8 (1)(6). If, upon finding that an Industrial User meeting the criteria oHhis subdivision has no reasonable potential for adversely affecting the SSS 'soperation or for violating any pretreatment standard or requirement, the control authority, as defined in 40 CFR 403.12 (a), may, at any time, on its own initiative or in response to a petition received from an Industrial User or SSS and in accordance with 40 CFR 403.8 (1)(6) determine that such Industrial User is not a Significant Industrial User. The City may determine that an Industrial User subject to categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter 1, subchapter N is a Non-Significant Categorical Industrial User rather than a Significant Industrial User on a finding that the Industrial User never discharges more than 100 gallons per day (gpd) oHotal categorical wastewater (excluding sanitary, non- contract cooling water and boiler blowdown wastewater, unless specifically included in the Pretreatment Standard) and the conditions are met as stated in 40 CFR 403.3 (v) (2) (i, ii, iii). Subd.45: Slug. Any waste discharge, of water or wastewater which in concentration of any given constituent or in quantity of flow, exceeds four (4) times the average twenty-four (24) hour concentration or flow during normal operation which may by itself or in combination with other wastes cause an interference within the SSS. 4 Sub.46: Storm Water. Any flow occurring during or following any form of natural precipitation and resulting therefrom. Subd.47: Storm Sewer (sometimes termed Storm Drain). A sewer which carries storm and surface water and drainage, but excludes wastewater and industrial wastes, other than unpolluted cooling or process water. Subd. 48: Sump PumP. A pump, which removes storm or ground water from a sump well. Subd. 49: Total Suspended Solids (TSS). The total suspended matter that either floats on the surface of, or is suspended in water, wastewater or other liquids, and which is removable by a standard glass fiber filter. - Subd. 50: Total Toxic Organics. The summation of all values greater than 0.01 mg/lof toxic organics listed in Section 307 (A) of the Act. Subd. 51: Unpolluted Water. Clean water uncontaminated by industrial wastes, other wastes, or any substance which renders such water unclean, or noxious, or impure so as to he actually or potentially harmful or detrimental or injurious to public health, safety or welfare, to domestic, commercial, industrial or recreational use, or to vegetation, domestic animals livestock, wild animals, birds, fish, or other aquatic life. Subd.52: User. Any person who discharges, causes or permits the discharge of wastewater into the SSS. Subd.53: Wastewater. The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and storm water that may be present, whether treated or untreated, which is discharged into or permitted to enter the City's SSS. Section 42.03: INDIVIDUAL SEWAGE TREATMENT SYSTEM. Subd. I: Where a public sanitary sewer is not available, the building sewer shall be connected to an individual sewage treatment system complying with the provisions of this Section 42.01, Sewage Treatment Systems and Minnesota Pollution Control Agency Rules, Chapter 7080. The provision ofthis subsection shall be in addition to any requirements established by applicable federal, state, or local laws and regulations and shall not be construed to relieve any liability or obligation imposed by such laws and regulations. Subd.2: Any person operating a private wastewater disposal system who wishes to discharge waste products to the City's SSS resulting from the treatment of domestic wastewater only shall by obtaining permission from the City prior to the discharge occurring. Section 42.04: BUILDING SEWERS AND CONNECTIONS. 5 Subd. I: No person unless authorized shall uncover, make any connections with or disturb any public sewer or appurtenance thereof, unless and until a Sewer Connection Permit and an Excavation Permit are obtained from the City Administrator. Fees for each of these permits shall be established by the City Council, and the Excavation Permit shall be subject to the provisions of Ordinance No. 57. Subd.2: Sewer Hook-up Charge. Repealed on 9/9/04 and replaced with Ordinance 44. Subd.3: All costs incurred in the installation, maintenance, repair, replacement, and connection of the building sewer to the sanitary sewer main shall be borne by the owner. The owner shall indemnify and hold harmless the City from any loss or damage to the public sewer that may directly or indirectly be occasioned by the installation of the building sewer. Subd. 4: A separate and independent building sewershall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard, or driveway. The building sewer from the front building may be extended to the rear building and the whole considered as one building sewer, provided that the City shall require a written agreement between the property owners as to the share of the costs of construction and maintenance which each will contribute. Subd.5: Old building sewers may be used in connections with new buildings only when they are found, on examination and tested by the City, to meet all requirements of this ordinance. Subd. 6: The size, slope, alignment, materials of construction of a building sewer, and the method tobe used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements ofthe building and plumbing code or other applicable rules and regulations. . In the absence of code provisions or in amplification thereof, the materials and procedures set forth in Practice No.9 and applicable American Society of Testing and Materials (ASTM) standards shall apply. Subd.7: Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, such building drain shall be provided with a lifting device approved by the Plumbing Inspector and discharged to the building sewer. Subd.8: No person shall makl? connection of roof downspouts, sump pumps, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. Subd. 9: The construction of the building sewer and its connection into the public sewer shall conform to the requirements ofthe building and plumbing code, the sewer specifications included herein, or other applicable rules and regulations and the procedures set forth in appropriate specifications of the Water Pollution Control Federation Manual (ASTM). All such 6 construction shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Plumbing Inspector before installation. Subd. 10: Employees or designated agents of the City shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the connection shall notify the Plumbing Inspector when the work is ready for final inspection and no underground portions shall be covered before the final inspection is completed. The connection shall be made under the supervision of the City. Subd. 11: Any new connections to the sanitary sewer shall be prohibited unless sufficient capacity is available in all downstream facilities as determined by the City. Section 42.05: MAIN AND LATERAL SEWERS. Subd. 1: No person, unless authorized by the City, shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first complying with the provisions of Section 42.04 and obtaining a written permit from the City. Subd. 2: No sanitary or storm sewers shall be constructed in the City (except building drains or building sewers) except by written approval of the City, and subject to inspection during construction by employees or designated agents of the City. No such sewers shall be considered to be a part of the public sewer system unless accepted by the City. Subd. 3: The size, slope, alignment, material of construction, methods to be used in excavation, placing of pipe, jointing, testing, backfilling and other work connected with the construction of sewers shall conform to the requirements of the City. . Section 42.06: PROTECTION FROM DAMAGE. No person shall maliciously,. willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the SSS. Section 42.07: USE OF PUBLIC SEWERS. Subd. 1: It shall be unlawful to discharge to any natural outlet within the City or in any area under the jurisdiction of the City any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance. Subd.2: As set forth in Section 42.03, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater. Subd.3: The owner of any building or property which is located within the City, or in any area under the jurisdiction of the City, and from which wastewater is discharged, shall be required to connect to a public sewer system at the owner's expense within ninety (90) days after service of official notice to do so, provided that sanitary sewer is reasonably available. Said ninety (90) days shall be consecutive calendar days exclusive of the days between November 1 7 and May 15. Additionally, if the building or property is used for human occupancy, employment or recreation, the owner shall be required to install at the same time toilet facilities in accordance with the Minnesota Building Code and other ordinances of the City. Subd. 4: In the event an owner shall fail to connect to a public sewer in compliance with a notice given under Section 42.07 Subd. 3 of this ordinance, the City may undertake to have said connection made and shall assess the cost thereof against the benefited property and said assessmentshall be a lien against said property. Such ass.essment, when levied, shall bear interest at the rate determined by the Council, the rate of eight percent (8%) per annum and shall be certified to the auditor of the county in which the land is situated and shall be collected and remitted to the City in the same manner as assessments for local improvements. The rights of the City under this subdivision shall be in addition to any other remedial or enforcement provisions ofthis ordinance. Subd.5: No person shall discharge or cause to be discharged directly or indirectly any storm water, surface water, groundwater, roof runoff, sump pump discharge, sub-subsurface drainage, unpolluted cooling or process water to any sanitary sewer unless there is no prudent and feasible alternative and unless as approved by the City. Subd.6: Storm water and all other unpolluted water shall be discharged to a storm sewer, exc.ept that unpolluted cooling or process water shall only be so discharged upon approval by the City and the user may be required to obtain a NPDES Permit from the MPCA. Section 42.08: PHOSPHORUS MANAGEMENT. Subd.l: Any non-domestic, i.e. commercial or industrial, source may be included as part of the Phosphorus Management Plan (PMP) and required to evaluate their phosphorus discharge to the SSS. Subd.2: Any significant non-domestic nutrient contributor (NDNC) of phosphorus, as determined by the City will be required to develop a Phosphorus Reduction Strategy (PRS). The NDNC will evaluate and/or update the PRS to include methods and/or steps taken to eliminate or reduce phosphorus loading to the SSS. Section 42.09: MERCURY MANAGEMENT Subd. 1: Mercury levels shall not be detectable above 0.2 micrograms per liter in the wastewater discharge to the SSS. Mercury smapling procedures, preservation and handling and analytical protocol for compliance monitoring shall be in accordance with EP A Method 245.1 or another method approved or required by the City. The level of detection developed in accordance with the procedures specified in 40 CFR 136, shall not exceed 0.2 micrograms per liter for mercury, unless higher levels are appropriate due to matrix interference. Subd. 2: To ensure that the maximum allowable mercury loading to the WWTF is not exceeded, the WWTF may require non-domestic users with a reasonable potential to discharge 8 mercury to develop, submit for approval and implement a Mercury Reduction Plan (MRP). At a minimum, an approved MRP shall contain the following: a) A written commitment by the non-domestic user to reduce all non-domestic discharges of mercury to levels below the level of detection withing 36 mOIlths of the MRP's original approval date. b) Within 60 days of notification by the WWTF that a MRP is required, the non- domestic user shall supply an initial identification of all potential sources of mercury which could be discharged to the WWTF. c) Specific strategies for mercury reduction with reasonable time frames for implementation, capable of ensuring that mercury discharges will be below the specified level of detection within 36 months. d) A program for quarterly sampling and analysis of the non-domestic discharge for mercury in accordance with EP A method 245.1 e. A demonstration of specific, measurable and/or otherwise quantifiable mercury reductions consistent with the goal of reducing mercury discharges below the specified level of detection. Where such reductions cannot be demonstrated through normal effluent monitoring (e.g. mercury discharges are already near level of detection), the demonstration should incorporate the following: 1. Internal process monitoring, documenting the results of mercury reduction strategies at sampling locations within the facility (e.g. a program of regular monitoring of sink traps where mercury containing reagents had previously been disposed of, but have since been substituted by non- mercury containing compounds. 11. Internal and/or effluent sampling utilizing clean and/or ultra-clean sampling and analytical methods as referenced by the EP A Federal Register. The results of such monitoring will not be used for compliance purposes unless performed in accordance with EP A Method 245.1 and collected at the appropriate compliance measurement location; and 111. Loading calculations wherein the non-domestic user calculates the total mass of mercury reduced from the sanitary sewer discharge through reagent substitutions, changes in disposal practices and/or other approved MRP strategies implemented. f. . A semi-annual report on the status of the mercury reduction efforts. At a minimum, these reports shall: identify compliance or noncompliance with specific reduction commitments in the MRP; summarize the analytical, mass- based or quantifiable demonstration of mercury reductions performed to date; provide all applicable analytical data; provide an evaluation of effectiveness of 9 actions to date; provide updates to the initial list of mercury containing compounds discharged to the sanitary sewer and propose for approval new strategies andlormodifications to the current MRP to continue and improve mercury reduction. efforts. g. Failure to submit an appropriate MRP within 30 days ofthe required due date shall constitute significant non-compliance in accordance with this Section, and will result in. publication as a significant violator; h. A non-domestic user may request a variance from MRP requirements if all samples of the discharge for a period of one year are less than the specified level of detection; the non-domestic user has complied with the minimum monitoring frequency of quarterly sampling events and the City deems that the MRP commitments have been fulfilled sufficiently to ensure continued compliance with the mercury limitation. Notic.e of approval or di sapproval of the variance from MRP requirements will be made in writing from the City. 1. If a MRP variance is issued, the non-domestic user remains subject to the local limitation for mercury. Subd.3: If mercury is determined at levels above 0.2 micrograms per liter, the contributing User shall reimburse the City for all sampling and testing associated with the compliance monitoring and investigating the mercury source. Section 42.10: INDUSTRIAL DISCHARGE PERMIT. Subd. 1: Permit Requirement. Industrial users discharging wastewater to the SSS shall apply for an industrial discharge permit in accordance with these rules unless the City determines thatthe wastewater has an insignificant impact to the collection system or the WWTF. No industrial user requiring a permit shall discharge to the SSS untilthe industrial user has been issued a permit. Issuance of an industrial discharge permit shall not relieve the industrial user from any obligation to obtain any hazardous waste license required by other authorities or to comply with any other local, state, or federal requirements regarding waste disposal. The criteria to be utilized by the City to determine if an Industrial Discharge Permit will be required shall include: a) An average flow greater than 25,000 gallons per operating day, or b) A pollutant concentration of greater than 50% for one or more regulated pollutants at the point of discharge or; c) Has properties in the discharge for it to be constituted a prohibited discharge, or; d) Has been pretreated or passed through an equalization tank before discharge, or; 10 e) A hydraulic or organic loading greater than 5% of the average dry weather capacity of the WWTF or; f) An industrial process regulated by EP A categorical standards, or g) Other criteria as designated by the WWTF as defined in 40 CFR 403.12 ( a). Subd. 2: Permit Application. a) Existing Significant Industrial User. An existing Significant Industrial User or other person who is required to obtain an Industrial Discharge Permit shall complete and file a permit application with the City within (ninety) 90 days of notification. The appropriate permit fee as provided by Council resolution shall accompany the permit application form at the time of application. A user shall have one year from the date of notification by the City to obtain an Industrial Discharge Permit. Subd.3: New Significant Industrial Users. All new significant industrial users proposing to connect or to commence a new discharge into the wastewater disposal system shall apply for an Industrial Discharge Permit prior to connection to or discharging into the City's SSS. No discharge to the City's SSScan commence until an Industrial Discharge Permit is received unless the City has ruled that: a) An industrial discharge permit is not required, and b) A discharge waiver is granted to commence discharge pending final action by the City. Subd.4: Incomplete or Deficient Application. If the permit application is incomplete or otherwise deficient, the City will advise the applicant of such incompleteness or deficiency. An Industrial Discharge Permit shall not be issued until an application is complete. Subd. 5: Issuance of Industrial Discharge Permit. Within sixty (60) days after receipt of a completed application form from the industrial user, the City shall, upon a determination that the applicant is capable of compliance with the Industrial Discharge Permit conditions and these rules, issue an Industrial Discharge Permit subject to the terms and conditions provided herein. The following are types of Industrial Discharge Permits: a. Standard Permit, with requirements for a specific facility, will be issued to an industrial user with a direct discharge connection to a public sewer. A Staridard Permit will be issued to each Significant Industrial User, and other industrial users determined by the City. Subd.6: Permit Conditions. Industrial Discharge Permits shall be expressly subject to all provisions of this ordinance and all other applicable regulations, user charges and fees established by the City Council. Permits shall contain the following: 11 a) A summary of the penalties and charges applicable for violations of the terms of permit as provided in Section 42.10 of this ordinance. b) The unit charges or schedule of user charges and fees for the wastewater to be discharged to the SSS. c) Limits on the average and maximum wastewater constituents and characteristics either in terms of concentration, mass limitations, or other appropriate limits; d) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization; e) Requirements for installation and maintenance on inspection and sampling facilities; f) Requirements for access to the permittee's premise and records; g) Requirements for installation, operation, and maintenance of pretreatment facilities; (see Section 42.17 on pretreatment); h) Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number, types and standards for tests and self reporting schedule; i) Compliance schedules; J. Requirements for maintaining and retaining records relating to wastewater discharge as specified by the City, and affording the City access thereto; k) Requirements for notification to the City of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the City's SSS. 1) Requirements for notification of sludge discharge as provided in Section 42.15; of this ordinance; and m) The requirement for Industrial Discharge Permit transfer as stated herein; and n) Other conditions as deemed appropriate by the City to ensure compliance with this ordinance. Subd.7: Permit Modification. Suspension. and Revocation. An Industrial Discharge Permit may be modified, suspended or revoked, in whole or in part by the City during its term for cause, including: 12 a) Violation of these rules; b) Violation of any terms or conditions of the Industrial Discharge Permit; c) Obtaining an'Industrial Discharge Permit by misrepresentation or failure to disclose fully all-relevant facts; d) Amendment of these rules; e) A change in the wastewater treatment process, which results in the permittee's, discharge having a significantly different and negative impact on the process; f) A change in the permittee's industrial waste volume or characteristics which the permittee knows or has reason to know will or is likely to have, either by itself or by interaction with other wastes, a negative impact on the treatment process; g) A change in the WWTF's NPDES or SDS Permit requirements, or any other changes made by Local, State and/or Federal rules; and h) A determination by the City thatihe permittee's discharge reasonably appears to present an imminent endangerment to the health or welfare of persons, present an endangerment to the environment, or threaten interference with the operation of the SSS. Subd.8: Time Schedule for Compliance. Any modifications in the Industrial Discharge Permit shall specify a reasonable time schedule for compliance. Subd.9: Refund of Permit Fee on Surrender or Revocation. A permittee may surrender an Industrial Discharge Permit to the City prior to the permit's scheduled termination. In the event that a permit is surrendered or revoked, the permittee shall be refunded a pro rata portion of the permit fee paid. Subd. 10: Permit Duration. Permits shall be issued for a specified time period, not to exceed five (5) years. The user shall apply for permit reissuance a minimum of 180 days prior to the permit's expiration date by filing with the City a permit reissuance application. The terms and conditions ofthe permit may be subject to modification by the City during the term of the permit as limitations or requirements as identified in Section 42.10 are modified or other just cause exists. The user shall be informed prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. Subd. 11: Permit Transfer. Industrial Discharge Permits are issued to a specific user, at a specific location, for a specific operation. An Industrial Discharge Permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the City. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit until its expiration date. In the event of a change in the entity owning the industrial discharge facilities for which there is an Industrial 13 Discharge Permit, the prior owner, if feasible, shall notify the City and the succeeding owner of said change in ownership and of the provisions of the Industrial Discharge Permit and these Rules. The new owner shall submit a new permit application or shall submit to the City an executed statement agreeing to be bound by the terms and conditions ofthe existing Industrial :Discharge Permit for the facility, inwhich case, upon consent of the City, the permit shall continue in effect. Subd. 12: Permit Fees. The Industrial Discharge Permit fee, paid to the City, for total waste (million gallons per year) for both initial and reissuance shall be set from time to time, by a resolution ofthe City Council. Separate fees shall be established for the following categories: a) Less than one (1) million gallons per year, annual permit fee of $200 paid at the time of issuance or re-issuance of industrial permit agreement. b) Between one (I) and ten (10) million gallons per year, annual permit fee of $ 300 paid at the time of issuance or re-issuance of industrial pennit agreement. c) Greater than ten (10) million gallons per year, annual permit fee of$ 400 pard at the time of issuance or re-issuance of industrial permit agreement. d) Permit Application and Re-issuance Application fee of$ 100. Subd. 13: Permit Violation Fees. Permitees shall pay violation fees as follows by forty- Five (45) days of the original report due date: a) Discharge Violation Fee of$100. b) Late Industrial Discharge Monitoring Report Fee of$ 100 c) Permit Violation Fee of $ 100. Section 42.11: Liquid Waste Hauler Requirements Subd. 1: Liquid Waste Haulers: Liquid Waste Haulers_are not permitted to discharge residential, commercial or industrial waste into the SSS. Exceptions may be granted for waste from City Parks as approved by the City. Subd. 2: Contaminated Groundwater Discharge Requirements: Any Person seeking to discharge contaminated groundwater into the SSS shall apply to the City for discharge approval. a. Application: A written application for approval to discharge leachate or contaminated groundwater into the SCWWTS shall be submitted to the City according to the following: 1. An application for approval to discharge shall be submitted at least 15 days prior to initiation of the proposed discharge; 14 11. An application for approval to discharge for a duration greater than six (6) months shall be submitted at least 90 days prior to initiation of the proposed discharge. 111. The application shall be made in aform established by the City. b. Approval or Denial: Upon receipt of a complete application for discharge approval, the City shall: i. Within 30 days, issue a written approval for discharges that will not exceed six (6) months in duration; or 11. Within 90 days, issue an industrial discharge permit for discharges that will exceed six (6) months of duration; or 111. Deny the request for discharging the SSS and state the reasons for denial c. Conditions of Discharge: Any person who has obtained a written approval or a permit shall discharge in accordance with the terms ofthe approval or permit, any other applicable provisions of these rules, applicable pretreatment standards under the Act, and any other requirements set forth by the City. Section 42.12: PROHIBITIVE DISCHARGE. Subd. 1: No person shall discharge or cause to be discharged, directly or indirectly, into the SSS any of the following: a) Any coml;mstible, flammable or explosive solids, liquids, or gases which by their nature or quantity will or are likely to cause either alone or by interaction with other substances a fire or explosion or be injurious to the treatment facility operation. At no time shall two (2) successive readings on an explosimeter, at the point of discharge into the sewer system, be more than five percent (5%) nor shall there by any single reading over ten percent (10%) of the Lower Explosive Limit (LEL). Prohibited materials include but are not limited to gasoline, kerosene, naphtha, fuel oil, lubricating oil, benzene, toluene, xylene, ethers, alcohols, and ketones. b) Any solids or viscous substances which will or are likely to cause obstruction to the flow in a sewer or interference with the operation of the wastewater treatment facility. These include but are not limited to garbage with particles greater than one..half inch (112") in any dimension, grease, animal guts or tissues, bones, hair, hides or fleshings, entrails, feathers, ashes, sand, spent lime, stone or marble dust, metal, glass, grass clippings, rags, spent grains, waste paper, wood, plastic, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, glass grinding and polishing wastes. 15 c) Any wastewater having a pH less than 5.0 or greater than 12.0 or having any corrosive property that will or is likely to cause damage or hazard to structures, equipment, or employee of the City. d) . Any alkaline wastewater which alone or with others will or is likely to cause an elevated pH in the treatment facility influent so as to result in an inhibiting effect on the biological process or encrustation to the system sewer. e) Any wastewater containing toxic or poisonous pollutants in sufficient quantity, either by itself or by interaction with other pollutants, that will or is likely to cause interference or constitute a hazard to humans. (A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307 (a) of the Federal Water Pollution Act) f) Any noxious or malodorous solids, liquids, or gases, which either by itself or by interaction with other wastes, will or are likely to create a public nuisance or hazard to life or prevent the entry of City employees into a sewer for its monitoring, maintenance, and repair. g) Any wastewater which will or is likely to cause excessive discoloration in treatment plant facility effluent. h) Wastes, other than DomesticWastes, that is infectious before discharging into the sewer. i) Any solids residual from an industrial pretreatment facility except as provided in Section 42.17. j) Heat in amounts which will or which is likely to inhibit biological activity in the treatment facility, but in no case heat"in such quantities that the Industrial User's waste temperature is greater than 65 C (150 F) at its point of discharge to the sewer system, or heat causing, individually or in combination with other wastewater, the influent at the wastewater treatment plant to have a temperature exceeding 40 C (104 F). k) Any wastewater containing fat, wax, grease or oil in excess of 100 mg/l that will or is likely to solidify or become viscous at temperatures between 0 C (32 F) and 65 C (150 F) and which will or is likely to cause interference at theWWTF, including petroleum oil, non-biodegradable cutting oil or products of mineral oil origin. 1) Any slug discharged in such volume or strength which a person knows or has reason to know will or is likely to cause interference to the SSS. 16 m) Any substance including nutrients which will cause the WWTF to violate its NPDES and/or State Disposal System Permit or the receiving water quality standards or goals. n) Any substance which may cause the WWTF effluent or any other product of the wastewater treatment process such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case, shall a substance discharged to the wastewater treatment system cause the system to be in noncompliance with sludge biosolids use or disposal criteria, guidelines or regulations developed under pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State standards applicable to the biosolids management method being used. 0) Any wastewater containing inert suspended solids (including lime slurries and lime residues) or dissolved solids (including sodium chloride) in such quantities that will or is likely to cause interference with the SSS or WWTF. p) Radioactive wastes or isotopes of such a half-life or concentration that they are in non-compliance with standards issued by the appropriate authority having control over their use and which will or are likely to cause damage or hazards to the SSS or POTW or to employees operating it. q) Any hazardous waste, unless prior approval has been obtained from the City. r) Any waste generated outside the area served by the SSS without prior approval of the City. s) Any unpolluted water, including cooling water, rain water, storm water or groundwater, unless there is no other prudent or feasible alternative as determined by the City. t) Any trucked or hauled wastes or pollutants, except if approved by the City at discharge points designated by the City. u) Phosphorus or other nutrients that exceed acceptable limits as set by the WWTF. Section 42.13: LIMITATIONS ON WASTEWATER STRENGTH. Subd. 1: Federal Pretreatment Standards. Federal Pretreatment Standards and General Regulations promulgated by the U.S. Environmental Protection Agency (EP A) pursuant to the Act shall be met by all users which are subject to such standards in any instance where they are more stringent than the limitations in this ordinance unless the City has applied for, and obtained from the MPCA approval to modify the specific limits in the federal pretreatment standards. In all other respects, Industrial Users subject to Pretreatment standards shall comply with all provisions ofthese rules and any permit issued thereunder, notwithstanding less stringent provisions ofthe General Pretreatment Regulations or any applicable Pretreatment Standard. 17 Subd. 2: State R.equirements. State requirements and limitations on discharges shall be met by all users, which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations or those in this ordinance. Subd.3: Citv's Right of Revision. The City reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the SSS if deemed necessary to comply with the objectives presented in Section 42.01 ofthis ordinance. Subd. 4: Dilution. No user shall increase the use of process water, or in any way, attempt to dilute a discharge as a'partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in any local or, State requirements or Federal pretreatment standards. Subd. 5: Removal Credits and Variances. a) If the WWTFachieves consistent removal of pollutants limited by Federal Pretreatment Standards, the City may apply to MPCA for modification of specific limits of the EP A Pretreatment Standards. The City shall modify pollutant discharge limits applicable to an Industrial User in the Pretreatment Standards if the requirements contained in 40 CFR 403.7 of the General Pretreatment Regulations relating to credits for the removal of pollutants are fulfilled and approval from MPCA is obtained. However, nothing herein shall be construed to require the City to apply to MPCA for removal credits nor shall it be construed to in any way limit the applicability of the limitations provided in Section 42.13, Subd. 6 in the event that such a removal credit is granted, except as provided in Section 42.13, Subd. 1. b) The City shall recognize and enforce the conditions allowed for by variances from . Pretreatment Standards for fundamentally different factors as granted by EP A to individual Industrial Users in accordance with 40 CFR 403.13 ofthe General . Pretreatment Regulations. c) The City shall notify all affected Industrial Users of the applicable Pretreatment Standards, their amendments, and reporting requirements in accordance with 40 CFR 403.12 of the General Pretreatment Regulations. A compliance schedule is part of the Industrial Discharge Permit shall be developed between the City and the Industrial User to ensure that the Industrial User complies with local, State and Federal limitations in a timely manner as provided by the same section of the General Pretreatment Regulations. Subd.6: Local LimitationslPretreatment Standards. No person, except as authorized pursuant to a compliance schedule in a permit, shall discharge or cause or allow to be discharged, directly or indirectly, into the SSS any of the following waste pollutants containing concentrations in excess of the following maximum limitations for any operating day: 18 Pollutant Maximum Allowable Concentration* (mg/l) Arsenic Cadmium Chromium, Total Copper Cyanide, Total Lead Mercury Molybdenum Nickel Selenium Silver Zinc Ammonia Nitrogen CBODs Phosphorus Total Suspended Solids 0.13 0.20 3.94 2.76 3.11 1.25 .0002 0.11 0.75 0.23 0.56 4.23 Best Management Practices Best Management Practices Best Management Practices Best Management Practices Subd. 7: Special Agreements. No statement contained in this subsection, except as promulgated by the EP A as stated in Section 42.13, Subd 1 shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefore, by the industrial concern, in accordance with applicable ordinances and any supplemental agreement with the City. Subd.8: Pretreatment Standards Notification. The City shall notify all affected Industrial Users of the applicable Pretreatment Standards, their amendments, and reporting requirements in accordance with Code of Federal Regulations, Title 40, Section 403.12 of the General Pretreatment Regulations. A compliance schedule shall be developed between the City and the Industrial User to ensure that the Industrial User complies with local, State, and Federal limitations in a timely manner as provided by the same Section of the General Pretreatment Regulations. . Subd.9: Reports. Reports specified in Code of Federal Regulations, Title 40, Section 403.12 of the General Pretreatment Regulations shall be submitted to the WWTF by affected users. Section 42.14: STRENGTH CHARGE SYSTEM Subd. 1 : Any permittee as designated by the City, discharging into the SSS industrial waste at carbonaceous biochemical oxygen demand and/or total suspended solids concentrations in excess of base levels shall be subject to a strength charge. Further, any person discharging waste into the SCWTS may be subject to a strength charge under the same provisions. Base levels, strength charge rates and the procedures for determining strength, will be set by Council 19 resolution and may be adjusted annually. Additional parameters, other than carbonaceous biochemical oxygen demand and total suspended solids my be subject to a strength charge. Subd. 2: Industrial user charge may also include specific credits for industrial pretreatment which would encourage reduction in overall WWTF plant loading. Such credit to be determined by the City. Subd. 3: Persons subj eet to a strength charge shall pay the full amount to the City within 30 calendar days after the billing date. A penalty in the amount of Five Dollars ($5.00) or 5.5% of the balance, whichever is greater, shall be added to all Public Utilities accounts not paid in full by the due date. The penalty for late payment shall be added to each billing for which the account remains unpaid. Subd. 4: Certification Fee. A Fifty Dollar ($ 50.00) charge will be added to all accounts certified to the County Auditor's officer for collection. This fee is to be considered separate and. distinct from any penalty or interest that may be charged by the County as a result of certification. Section 42.15: ACCIDENTAL AND SLUG DISCHARGES. Subd. 1: Prevention of Accidental and Slug Discharges. All Industrial Users shall provide adequate protective procedures to prevent the accidental discharge of any waste prohibited in Section 42.11, any waste in excess of the limitations provided in Section 42.14, or any waste in violation of an applicable pretreatment standard. Subd. 2: Accidental Discharge. Accidental discharges of prohibited waste into the SSS, directly or through another disposal system, or to any place from which such waste may enter the SSS shall be reported to the. City by the persons responsible for the discharge, or by the owner or occupant of the premises where the discharge occurred, immediately upon obtaining knowledge of the fact of such discharge. Such notification will not relieve users ofliability for any expense, loss or damage to the wastewater disposal system or treatment process, or for any fines imposed on the City on account thereof under any State or Federal law or Sewer Use Agreement. The responsible person shall take immediate action as is reasonably possible to minimize or abate the prohibited discharge. The responsible person shall send a letter describing the prohibited discharge to the City within seven (7) days after obtaining knowledge of the discharge. The letter shall include the following information: a) The time and location of the spill; b) Description of the accidentally discharged waste, including estimate of pollutant concentrations; c) Time period and volume of wastewater discharged; 20. d) Actions taken to correct or control the spill; e) A schedule of corrective measures to prevent further spill occurrences. Subd.3: Slug Discharge. In the event that an Industrial User discharges a Slug in such volume or strength. that the Industrial User knows or has reason to know it will cause interference in theWWTF, the Industrial User shall immediately report the same to the City. Within seven (7) days thereafter, the Industrial User shall send a letter to the City describing the slug as specified under Accidental Discharge. Subd.4: Spill Containment Program Requirement. Any Industrial User with a significant potential to discharge materials listed in the prohibited discharge section of this ordinance is required to install and maintain an adequate spill containment system. General spill containment requirements are listed below: a) Process, storage, holding or treatment tanks containing materials listed in the prohibitive discharge section of this ordinance as well as the associated piping, pumps, and other appurtenances must be contained if a spill or leak could enter the sewer. This includes tanks used for short-duration mixing, processing or storage. b) The City prohibits floor drains with direct connections to the public sewer in facilities that store toxic or flammable materials. c) The spill containment system must be capable of containing 100 percent of the volume of the largest tank of restricted material. Subd.5: Acceptable Containment Systems include: a) Diking. Diking may be used to spill contain single shell tanks. Diking usually consists of concrete blocks, concrete berming or other materials that form a permanent structural barrier. Portable spill containment trays/pallets are also acceptable. b) Self-Containment. Tanks of double shell construction are considered to be self- contained and no not require additional spill containment features unless there is a significant likelihood of overflowing. These tanks consist of two independent structural shells with the outer shell capable of containing any leakage from the inner one. An air gap of at least one-inch must be provided between the inner and outer shell. d) Pits. Pits constructed under or around tanks are acceptable as spill containment. No openings, manual or electric gates or valves are allowed. Subd.6: Discharge Control Plan. Any Significant Industrial User (Sill) that may batch discharge or any wastewater (including from spill containment areas), treated or otherwise, and that discharge may potentially cause adverse impacts to the collection 21 system or treatment plant must complete and implement a Slug Discharge Control Plan. Slug Discharge Control Plan must contain the following elements: a) Description of discharge practices, including non-routine batch discharges; b) Description of stored chemicals; c) Procedure for promptly notifying the City of slug discharges as defined under Section 403.5(b) of the Code of Federal Regulations Title 40 and Section 42.14 of this Ordinance, with procedures for follow-up written notification within five (5) days; e) Procedures necessary to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of site runoff, and training. Include drawings that show spill containment dimensions and the locations of all floor drains, wastewater piping and pretreatment equipment; Section 42.16: MONITORING. Subd. 1: Monitoring Facilities. When required by the City's permit, the permittee of any property serviced by a building sewer carrying industrial wastes shall install a suitable control structure, together with such necessary meters and other appurtenances in the building sewer to facilitate observation sampling, flow measurement, and measurement of the wastes. Such structure and equipment, when required, shall be constructed at the owner's expense in accordance with plans approved by the City and shall be maintained by the owner so as to be safe and accessible at an times. Subd 2: Monitoring Point. Each permittee shall have an approved monitoring point provided at the permittee's expense. Liquid Haulers and special industrial users may be exempted by permit from portions of this section. An approved monitoring point shall meet the following criteria: a) the wastewater flow is visible and accessible for inspection and monitoring purposes; b) the wastewater flow has appropriate velocity and is well mixed to yield representative samples; c) the wastewater flow at the monitoring point conveys all of the permittee's industrial waste; d) the monitoring point is large enough or space is provided for nearby to allow for monitoring equipment and replacement; and 22 e) the total wastewater flow of the permitted facility if exceeding 25,000 gallons per day, can be measured using an open channel or other acceptable measuring device. The City may allow multiple monitoring points provided that each point meets the criteria a - e ofthis section. Subd. 3: All permittees shall have an approved monitoring poing. All new installations shall be in accordance with provisions of the Minnesota Plumbing Code, Minnesota Rules, chapter 4715. Subd. 4: Each permittee is responsible for all maintenance on the approved monitoring point, including routing and cleaning. Subd. 5: Inspection Maintenance Hatch. The City may require the installation of an inspection maintenance hatch (manhole), in the event of construction, replacement or modification of a permittee's sewer connection(s). Permittees shall provide notice to the City prior to any such replacement or modification. The inspection maintenance hatch shall be of standard size and shape and be located on the private sewer line between the facility and the public sewer. If feasible, the inspection maintenance hole shall convey the total facility wastewater discharge. Subd. 6: Flow Measurement. A permittee, when required by permit, shall install and maintain a flow measurement device for instantaneous rate and/or cumulative flow volume determinations. Metered water supply may be used in lieu of flow measurement devices if it can be documented that the water usage and waste discharge are the same, or where a measurable adjustment to the metered supply can be made to determine the waste volume. Meters and flow records shall be maintained at the permittee's expense in good operating condition at all times. The permittee shall notify the City in writing within five (5) days in the event that the permittee becomes aware that the meter or flow recorder has failed to accurately register the flow. The permittee shall also notify the City of the permittee's intention to alter the installation of a meter or flow recorder so as to affect the accurate recording of industrial waste entering the SSS. The following requirements may apply to the selection and installation of wastewater flow measuring devices: a. Flow measuring devices including, but not limited to, weirs, flumes, area velocity sensors and closed-pipe flow meters, shall be installed such that property hydraulic conditions exist. Factors used to determine the type, size and location of a flow measuring device include: 1. flow rate and velocity; 11. pipe configuration and slope; 111. turbulence; IV. presence of nearby tributary flows and; v. solids concentration 23 b. All/flow measuring device shall be properly installed, and where applicable, properly leveled and sealed. c. When a weir or a flume is utilized, the low level-sensing device shall be installed at a proper distance upstream of the primary flow device and in a location where excessive turbulence is not created. Subd.7: Self Monitoring Analvses. All measurements, tests, and analyses of the characteristics of water and wastes as outline in the permit shall be determined in accordance with guidelines established in 40 CFR Part 136 Part and 40 CFR 403.l2(g) of the General Pretreatment Regulations. Subd.8: Representative Sampling. Representative samples of a permittee's industrial waste shall be collected on a normal operating day and in accordance with guidelines listed in Industrial Discharge Permit. Industrial Users subject to Pretreatment Standards shall sample in accordance with the Pretreatment Standards. Self-monitoring point(s) for Industrial Users who are not subject to Pretreatment Standards shall be at a location arid at a frequency as specified in the permit. The samples shall accurately characterize the discharge, taking into account batch discharges, daily production variations, downtime, cleanup and other operating conditions. Subd. 9: Monitoring Techniques. Monitoring methods that will be used by industrial users, and contracted monitoring services and/or commercial analytical laboratories that collect and/or analyze wastewater samples to fulfill requirements of these rules or any permit issued under these rules. Monitoring methods specified in this section include sample collection, preservation, handling, analysis and flow measurement. a) A series of at least four grab samples is required when analyzing wastewater for pH, grease and oil, total phenols and sulfides. Samples for cyanide and volatile organics my be collected by the grab sampling technique described above or by an automatic sample, using acceptable techniques. For other parameters, grab samples may be required when the wastewater flow is not continuous or when necessary to determine the instantaneous wastewater characteristics. Grab samples can be taken manually or automatically. Appropriate containers shall be used when collecting grab samples. b) Composite samples are formed by combining discrete samples collected either manually or by an automatic sampler. Each discrete sample shall have a minimum volume of at least 100 milli1ites. Discrete samples can be cornposited using any of the following methods: 1. equal time intervals and equal volume samples; 11. equal time intervals and unequal volume samples; or 111. unequal time intervals and equal volume samples. 24 d) When an equal time interval is used, the maximum sampling interval shall be 30 minutes. The composite sample volume shall be well mixed before sub sampling. Subd. 10: Sample Handing Procedures. All samples shall be contained, preserved and held in accordance with 40 CFR Part 136. The sample temperature shall be maintained at four (4) degrees Celsius, if necessary, from the time of collection until sample analysis is performed. When applicable, additional preservation shall be performed upon sample collection. Subd.ll: Industrial Discharge Monitoring Reports (IDMR's): A condition of the Industrial Discharge Permit shall include the completion and submittal of accurate routine self- monitoring reports to the City in a form subscribed to by the City. The nature and frequency of routine reporting shall be based upon the requirements specified in the Discharge Permit The City may modify the above reporting schedule set forth in the Industrial Discharge Permit for a particular permittee based on the permittee's industrial waste characteristics. Permittee's subject to Pretreatment Standards shall submit reports to the City in accordance with the applicable Pretreatment Standards. Permittee shall complete IDMR's to the City such that the City has received such reports on or before the 21 sl calendar day of the month following the end of each applicable reporting period, unless otherwise stated in the Industrial Discharge Permit. Any permittee not submitting a self- monit<?ring report by this date shall pay a late reporting fee as defined by the SCA WAC. Subd. 12: Inspection and Samnling. The City may conduct such tests as are necessary to enforce this ordinance, and employees of the City may enter any property for the purpose of taking samples, obtaining information or conducting surveys or investigations relating to such enforcement. Entry shall be made during operating hours unless circumstances require otherwise. In all cases where tests are conducted by the City for the purpose of determining whether the user is in compliance with regulations, the cost of such tests shall be charged to the user and added to the user's sewer charge. In those cases where the City determines that the nature or volume of a particular user's wastewater requires more frequent than, the City may charge such user for the tests, after giving the user ten (10) days written notice of its intention to do so, and the cost thereof shall be added to the user's sewer charge. Duly authorized employees and agents ofthe City, MPCA and EP A bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this ordinance. Those employees shall have no authority to inquire into any processes except as is necessary to determine the kind and source of the discharge to the City's SSS. While performing the necessary work on private properties referred to in Subd. 12 of this Section, the authorized employees of the City shall observe all safety rules applicable to the premises established by the company. 25 Duly authorized employees and agents of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds an easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the SSS lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in all accordance with the terms of the easement pertaining to the private property involved. Subd. 13: Testing Procedures. Testing procedures for the analysis of pollutants for permit applications and routine self-monitoring shall conform to the guidelines established in Code of Regulations, Title 40, Part 136 and Code of Federal Regulations, Title 40, Section 403.12 (g) ofthe Federal Pretreatment Regulations. Subd. 14: Report and Monitoring Discrepancies. A permittee shall be notified in writing by the City of a significant discr~ancy between the pemittee's routine, self-monitoring records and the City's monitoring results within thirty (30) days after the receipt of such reports and monitoring results. The permittee shall then have ten (10) working days to reply in writing to such notification. If mutual resolution of such discrepancy is not achieved, additional sampling shall be performed by the City. Samples may be split between the Permittee's laboratory or agent and the City's laboratory for analysis. Subd. 15: Wastewater Discharge Records. Wastewater discharge records shall be kept by the permittee for a period of not less than three (3) years. The permittee shall provide the City reasonable access to these records during normal business hours. A permittee, subject to an applicable Pretreatment Standard, shall maintain all records required by Code of Federal Regulations, Title 40, Section 403.12 (n) of the General Pretreatment Regulations. Subd. 16: Monitoring Costs. All monitoring and sampling costs are the responsibility of the User. Section 42.17: PRETREATMENT. Subd. 1: Compliance with Standards. Where pretreatment, flow equalizing facilities or interceptors are provided for any water or wastes, they shall be effectively operated and maintained in satisfactory and effective condition by the owner at the owner's expense, and shall be available for inspection by the City employees at all reasonable times. Industrial Users shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations. Industrial Users as required by their Industrial Discharge Permit shall submit to the City for review detailed plans showing the pretreatment facilities at least sixty (60) days prior to initiation of construction. The City shall approve the Industrial User's pretreatment plans ifit appears that the proposed pretreatment facility is capable of meeting all applicable limitations. The City's review and approval shall in no way relieve the Industrial User: from the responsibility of modifying the facility as necessary to produce im effluent complying with the provisions of these rules. Any subsequent modifications in the pretreatment facilities which will 26 result in a substantial change in dis.charge shall be reported for approval by the City upon a determination that the modified facility is capable of meeting all applicable limitations, prior to the modification of the existing facility. Residual solids from a pretreatment facility shall not be disposed, directly or indirectly, into the SSS without prior written approval from the City. The disposal method shall be in accordance with local, State and Federal requirements. The City shall be notified in writing within ten (10) days ofthe substantial changes in such residual solids disposal procedures and/or characteristics. Subd. 2: Separator Trap Installations. Grease, oil and sand traps shall be provided for at the owner's expense for the proper collection of waste containing excessive amounts of grease, oil, or sand. All trap installations shall be regularly cleaned and maintained for adequate performance. All records of separators and traps must be available for review by City Personnel. The distance between the inlet and outlet of the separator or trap must be sufficient to allow gravity separation of solids. To prevent overloading control baffles and any necessary inlet flow, control fitting shall be provided. Separators and traps shall be maintained in efficient operation condition by periodic removal of any accumulated solids. Floating materials shall be removed before the accumulation is within two inches ofthe outlet. Settled solids shall be removed before the solids reach 75% of the trap or separator capacity. Solids removed from a separator or trap, for subsequent sewer disposal, shall be transported and discharged by a permitted liquid waste hauler. Section 42.18: CONFIDENTIAL INFORMATION. Information obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shaD: not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to this ordinance, the NPDES Permit, State Disposal System Permit, Sewer Use Agreement and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the State or any State agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the City as confidential, shall not be transmitted to any governmental agency or to the general public by the City until and unless a ten (10) day notification is given to the user. Section 42.19: SEVERABILITY AND CONFLICTS. 27 Subd. 1: Severability. If the provisions of any section, paragraph, or sentence of these rules shall for any reason be held to be unconstitutional or invalid by any court of competent jurisdiction, the provisions ofthe remaining sections, paragraphs and sentences shall nevertheless continue in full force and effect. Subd. 2: Conflicts. If conflicts arise between these rules, and rules previously adopted by the City, these rules, and the interpretations thereof, shall take precedence. Section 42.20: ENFORCEMENT. Subd. 1: Remedies Available. The City may suspend the sewer system service and/or an Industrial Discharge Permit when such suspension is necessary, in the opinion of the City, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, or the SSS or WWTF, or would cause the City to violate any condition of its NPDES of State Disposal System Permit. Any user notified of a suspension of the sewer system service and/or the Industrial Discharge Permit shall immediately stop the discharge. In the event of a failure ofthe user to comply voluntarily with the suspension order, the City shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the SSS or WWTF or endangerment to any individuals. The City shall reinstate the Industrial Discharge Permit and/or the sewer system service upon proof of the elimination of the non-complying discharge. Subd. 2: Revocation of Permit. In accordance with the procedures of Section 42.20 of this ordinance, the City may revoke the permit of any user which fails to factually report the wastewater constituents and characteristics of its discharge; which fails to report significant changes in wastewater constituents or characteristics; which refuses reasonable access to the user's premises for the purpose of inspection or monitoring; or for violation of conditions of its permit, this ordinance, or applicable State and Federal regulations. Subd.3: Notification of Violation. Whenever the City finds that any person has violated or is violating this ordinance, Industrial Discharge Permit, Phosphorus Management Plan or any prohibition, limitation or requirement contained herein, the City may serve upon such person a written notice stating the nature of the violation. Within ten (10) days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the City by the user. Subd. 4: Show Cause Hearing. Any user receiving notice of suspension or revocation of a permit, or other penalties or sanctions authorized by this Ordinance, may request a hearing conducted in accordance with this subdivision to challenge the action and determine if the action is supported by the existing circumstances. a) Notice of Hearing. If the violation is not corrected by timely compliance, the City may order any use which causes or allows an -unauthorized discharge to show cause before the City Council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and pll;lce of a 28 hearing to be held by the City Council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the City Council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least fourteen (14) days before the hearing. Service may be made on any agent or officer or a corporation. b) Hearing Officials. The City Council may itself conduct the hearing and take the evidence, or may designate any of its members, administrative law judge, or any officer or employee of the (assigned department) to: 1. To issue in the name of the City notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings; 2. To take the evidence; and 3. To transmit a report ofthe evidence and hearing, including transcripts and other evidence, together with recommendations to the City Council for action thereon. c) Transcripts. At any hearing held pursuant to this ordinance, testimony taken must be under oath and recorded. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor. d) Issuance of Orders. After the City Council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued. Subd. 5: Legal Action. If any person discharges wastewater, industrial wastes or other wastes into the City's wastewater disposal system contrary to the provisions ofthis ordinance, Federal or State pretreatment requirements or any order ofthe City, the City Attorney may commence an action for appropriate legal and/or equitable relief, including but not limited to, monetary damages and injunctive relief. Section 42.21: PENALTIES. Subd. 1: Administrative Fines. Notwithstanding any other Section of this Ordinance, any user who is found to have violated any provision of this ordinance, or permits and orders issued hereunder, shall be fined in an amount not to exceed $1,000 per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Unpaid charges, fines, and penalties shall constitute a lien against the individual user's property. Industrial Users desiring to dispute such fines may request for the City Administrator to 29 reconsider the fine within 10 days of being notified of the fine. Where the City Finance Director believes a request has merit, he/she shall convene a hearing on the matter within 30 days of receiving the request from the Industrial User. Subd.2: Criminal Penalties. Any person violating any ofthe provisions ofthis Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $800, or by imprisonment for not to exceed ninety (90) days, or both. Subd. 3: Costs. In addition to the otherpenalties provided herein, the City may recover engineering fees, court costs, court reporter's, fees, attorney fees, and other expenses oflitigation by an appropriate action against the person found to have violated this ordinance or the orders, rules, regulations, and permits issued hereunder. Subd.4: Costs.ofDamage. Any person violating any of the provisions ofthis ordinance shall become liable to the City for any expense, loss, or damage The City may add to the user's charges and fees the costs assessed for any cleaning, repair or replacement work caused by the violation or discharge. Any refusal to pay the assessed costs shall constitute a violation of this ordinance. Subd. 5: Falsifving Information. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this ordinance, or Industrial Discharge Permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance, shall be guilty of a misdemeanor. Section 42.22: PUBLICATION OF SIGNIFICANT VIOLATIONS. Subd. 1: Public notification will occur at least annually in a newspaper( s) of general circulation that provides meaningful public notice within the jurisdiction(s) served by the WWTF of Industrial Users which, at any time during the previous twelve (12) months, were in significant violation of applicable Pretreatment Standards or Pretreatment Requirements. For the purpose ofthis provision, an Industrial User is in significant violation if its violations meet one or more ofthe following: a) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all ofthe measurements taken during a six (6) month period exceed (by any magnitude) a numeric Pretreatment Standard or requirement, including instantaneous limits.; b) Technical review criteria (TRC) violations, defined here as those in which thirty- three percent (33%) or more of all the measurements taken for the same pollutant parameter during a six (6) month period equal or exceed the product of a numeric Pretreatment Standard or requirement, including instantaneous limits times the applicable TRC (TRC = 1.4 for CBOD, SS, fats, oil and grease and TRC = 1.2 for all other pollutants except pH); 30 c) Any other violation of a pretreatment daily maximum or longer term average) instantaneous limit or narrative stardard) that the City determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of City employees or the general public); d) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment and has resulted in the necessity for the City's City's to exercise its emergency authority under 40 CFR 403.8 (F)(l)(vii)(b) to halt or prevent such a discharge; e) Violation, by ninety (90) days or more after the schedule date, of a compliance schedule milestone contained in a local control mechanism or enforcement order, for starting construction, completing construction, or attaining final compliance; f) Failure to provide required reports such as baseline monitoring reports, self- monitoring reports, and reports on compliance with compliance schedules, within forty-five (45) days of the due date; g) Failure to accurately report noncompliance; or h) Any other violation or group of violations, which may include a violation of Best Management Practices, which the City determines will adversely affect the operation or implementation of the local Pretreatment Program." This amendment is adopted this _ day of be effective upon publication. , 2007, and shall CITY OF ST. JOSEPH By Richard Car1bom, Mayor By Judy Weyrens, Administrator This amendment was published on , 2007 31 CHAPTER N - WATER & SEWER ORDINANCE 42 SEWER USE ORDINANCE Section 42.01: PURPOSE AND POLICY. This Sewer Use eOrdinance (SUO) sets forth uniform requirements for discharge into the City's Sanitary Sewer System (SSS) and enables the City ofSt. Joseph to comply with all State (Minnesota Pollution Control Agency) and Federal (U.S. Environmental Protection Agency) laws. The objectives of this ordinance are: a) To prevent the introduction of pollutants ffite._City's SSS which will interfere with the operation of the facilities; and b) To prevent the introduction of pollutants into City's SSS which will pass through the system inadequately treated into receiving waters of the State or the atmosphere or otherwise be incompatible with the system; and c) To comply with Federal (EPA) and State (MPCA) rules and regulations in to maintain eligibility for federal and state grants and loans for construction for improvements or upgrades~ and d) To improve the ability to recycle and reclaim wastewater and biosolids from the system. The ordinance provides for the regulation of discharges mto the City's SSS SCWWTS through the issuance of permits to certain specific users and through enforcement of the general requirements for all users, authorizes monitoring and enforcement activities, provides for penalty relief, requires., user reporting, and provides for the method of setting ef.fees necessary to carry out the program established herein. The ordinance shall apply to the City of St. Joseph and to persons outside the City who are, by contract or agreement with the City, users ofthe City's SSS. Except as otherwise provided herein, the Wastewater SuperintendentCity shall administer, implement and enforce the provisions of this ordinance. Section 42.02: DEFINITIONS. Unless the context specifically indicates otherwise, the following terms, as used in this ordinance, shall have the meanings hereinafter designed. Subd. 1: Act. The Federal Water Pollution Control Act, as amended. commonly referred to as the Clean Water Act, United States Code. Title 33. Sections 1251. et. seq. Public Law fl92 500 and the Clean Watef Act, Publie La'.v fl95 217 as amended. 42-0 CHAPTER IV - WATER & SEWER Subd. 2: Best Management Practices (BMP). The schedule of activities, prohibitions of practices, maintenance procedures, mid other management practices to implement the prohibitions listed in 40 CFR 403.5. BMP also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal. or drainage from raw material storage. Subd. 3: Biosolids. The nutrient-rich organic treated and tested residuals from the wastewater treatment process that meet federal and state standards for beneficial reuse as a fertilizer and as a soil conditioner. Subd.~: Building Drain. That part ofthe lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (5') (1.5 meters) outside the inner face ofthe building wall. Subd.~2: Building Sewer or Sanitary Sewer Service. The extension from the building drain to the public sanitary sewer main or other place of disposal. Subd. 6: Carbanaceous Biochemical Oxygen Demand or CHOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter, in the presence of a nitrification inhibitor, under standard laboratory procedures in five (5) days at 20 degrees centigrade expressed in terms weight and concentration (milligrams per liter - mgll). Subd.7: CFR. The Code of Federal Regulations, which is the codification of general and pelmanent rules of departments and agencies of the federal government. Subd.8: Chemical Oxygen Demand or COD. The measure of the oxygen equivalent of that portion of organic matter that is susceptible to oxidation by a strong chemical oxidant, using EP A approved laboratory procedures. Subd.-42.: City. The area within the corporate boundaries of the City of St. Joseph, as presently established or as amended by ordinance or other legal actions at a future time. When used herein, the term City may also refer to the City Councilor its authorized representatives. Subd. 5: Combined Sev.<er. .^. sewer originally designed and currently designated to receive both storm surface '.vater runoff and '.yaste'.vater. Subd.~IO: Cooling Water. The water discharged from any use such as air conditioning, cooling, or refrigeration, or during which the only pollutant added to the water is heat. Subd.7: \Vaste':;ater Superintendent. The City ofSt. Joseph's Wastewater Superints:adent or a1:1thori:led agent. Subd.-8-1l: Domestic Waste or Normal Domestic Strength Wastewater. Wastes from residential users and from the sanitary conveniences of multiple dwellings, commercial buildings, institutions, and industrial facilities. 42-1 CHAPTER IV - WATER & ~EWEK Subd.-9l2: EPA. The U.S. Eftvitol1tt1ental Protection Agency. Subd.-l-Q.ll: Flow. The quantity of at which wastewater expressed in gallons or cubic feet per twenty-four (24) hours. Subd. 11: GarbaJ;::s. Solid wastes rest:llting from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, ~;toruge of said meat, fi~;h, fowl, fruit, vegetables and condemned f:ood. Subd.~14: General Pretreatment Regulations. The general pretreatment regulations for existing and new sources of pollution promulgated by EP A under Section 307 (b) and (c) of the Act and found at 40 CFR Part 403. Subd.~15: Indirect Discharge. The introduction of pollutants or wastes into the City's SSS from any nondomestic source regulated under Section 301(b), (c), or (d) of the Act. Subd.-l4l6: Individual Sewage Treatment System Permit. A- The permit required of a person to construct a private wastewater disposal system. Subd.~ 17: fudustrial Discharge Permit or Permit. A permit issued by the City of St. Joseph to an fudustrial User to use the City's sanitary sewer system as established herein. Subd.--l-6-18: Industrial Waste. Solid, liquid, or gaseous wastes, excluding domestic waste, resulting from any industrial, manufacturing, commercial, institutional or business activity, or from the development, recovery, or processing of a natural resource.including cooling water (e~wept 'Nhers exempt by a NPDES Permit), resuJting from any industrial, manufacturing, or business process, or from the development, recovery, or processing of a natural resource. Subd.-l-7l9: Industrial User. .^~ source of indirect disenai'"ge. Anv person who discharges industrial waste into the City's SSS. Subd.-l.820: Interference. A discharge which alone or in conjunction with a discharge or discharges from other sources inhibits or disrupts the City's SSS, its treatment process, operations or solids process, use or disposal and, therefore, is a cause of a violation of anv requirement of the St. Cloud WWTF's NPDES Permit or the prevention ofbiosolids use or disposal with statutory provisions and regulations or permits.. Subd. 21: Leachate. Wastewater resulting from the percolation of rain water and/or intemalliquids through the deposited m~terial in a solid waste disposal facility. Subd.22. Liquid Waste. Wastewater that is collected from residential units, commercial/industrial buildings and institutions within the community. Subd.23. Liquid WasteHauler. A user that transports waste tor the purpose of discharge to the City's SSS. 42-2 CHAPTER IV - WATER & SEWER Subd.-t924: Local Limits. Discharge limitations established by the City to protect the City's SSS wastewater treatment process. infrastructure and the beneficial reuse ofbiosolids. Subd.~25: MPCA. The Minnesota Pollution Control Agency. Subd.26: MRP. Mercury Reduction Plan to ensure the maximrun allowable mercury loading to the WWTF is not exceeded. Subd.~27: National Pollutant Discharge Elimination System (NPDES) Permit. Any permit or requirements issued by the Minnesota Pollution Control Agency (MPCA) pursuant to the Federal Water Pollution Control Act, as amended (33 D.S.C. 1251 et seq); for the purpose of regulating the discharge of wastewater, industrial wastes, or other wastes under the authority of Section 402 of the Act. Subd.~28: Ordinance. The set ofmIes contained herein governing the discharge of wastewater to the City's SSS. Subd.23: Other Wastes. Other subsffiflees except '\Taste',vater and industrial wastes. Subd.~29: Permittee. An industrial user authorized to discharge industrial waste into the City's SSS pursuant to an Industrial Discharge permit. Subd.~30: Person. The State or any agency or institution thereof, any municipality, governmental subdivision, public or private corporation, individual, partnership or other entity, including, but not limited to, association, commission or any interstate body, and including any officer or governing or managing body of any municipality, governmental subdivision or public or private corporation, or other entity. Subd.~J.l: PhpH. The logarithm of the reciprocal ofthe concentration of hydrogen ions in grams moles per liter of fLsolution. It is a measure of the acidity or basicity of a waste. Subd.~32: Phosphorus Management Plant The strategy used by the City, including pretreatment and ooerational procedures treatment methods to reduce the amount of phosphorus discharged to the environment Subd.-~.g33: Phosphorus Reduction Strategy (PRS). The process of reporting, evaluating and reducing the amount of phosphorus discharged to the City's SSS. Subd.~34: Pretreatment. The process of reducing the amount of pollutants, eliminating pollutants, or altering the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the City's SSS. _The reduction, elimination, or alteration may be obtained by physical, chemical or biological processes, process changes or other means, except as prohibited by this ordinance. 42-3 CHAPTER IV - WATER & SEWER Subd...~.Q35: Pretreatment Standards. Standards for industrial groups (categories) promulgated by EP A pursuant to the Acts which regulate the quality of effluent discharge to #te City's 888 publicly owned treatment works and must be met by all users subject to such standards. Subd. *36: Public Utility. The unit of municipal government and its people responsible for the operation ofthe City's SSS-_and this ordinance. Subd ~37: Publiclv Owned Treatment Works (POTW). The treatment works as defined by Section 212 of the Act which is owned by the City of St. Cloud. This includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal '.:vaste'.'.'uter solids residual or industrial wastewater of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to the WWTFa POTW treatment plant. The term also means the municipality as definesg in Section 502(4) ofthe Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works system. Subd. 33: ~. The waste discharge mles for the City's 888. Subd.38: Residual Solids. Solids and associated liquids in municipal wastewater which are encountered and concentrated by a municipal wastewater treatment facilitv. Subd...J439: 8anitary Sewer. A pipe or conduit for carrying sewer intended to carry \vaste'.vater aad to which storm, surface, and groundwater are not intentionally admitted, only wastewater ef--.2...industrial wastewater or other waste liquids. Subd.-J.MO: Sanitary Sewer 8ystem (888). Pipes or conduits, pumping stations. forcemains. and all other devices and appliances appurtenant thereto, used for collecting or conducting wastewater. The system of sanitary sevlers, manholes, pumping stations, forcemain~;, and appm1enances used to con'/ey '.vastE:r:later to the POT''''. for purposes of this definition, the Golleetion system ends at the point where the City's 888 eonnects to the POTW. Subd.41: Sanitary Sewer System (SSS): The City ofSt. Joseph's sanitary sewer svstem including all sanitary sewer collection pipes. lift stations and forcemains. The SSS also includes the St. Cloud Wastewater Treatment Facility (WWTF) and the St. Cloud Sanitary Sewer Collection Svstem. lift stations and forcemains. Subd. ;e42: St. Cloud Area Wastewater Advisory Committee (SCA WAC). An advisory group whose objectives are to share information, improve understanding of regional wastewater issues, and to improve the level of cooperation in the resolution of regional wastewater issues. 8abd.37: 8ludge. Untreated solids and assoeiated liquids in municipal '.vastev,'ater wilieh are eneountered and eoneentrated by a municipal waste'Nater treatment facility. Subd. 38. ~. f. pipe or conduit for carrying '.vastewater, industrial waste, or other '.vaste liql:l:ids. 42-4 CHAPTER IV - WATER & SEWER Subd. ~3: Shall is mandatory; May is permissive. Subd. 10: ~. The Standard Industrial Classification Code (1972) issued by the Executiye Office of the President, Office of Management and Budget, for use in the classifieation of establishinents by types of business imd the primary and eeonomic aetivity engaged. Subd. 4+44: Significant Industrial User or SIU. All Industrial Users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter Nand any other Industrial User that discharges an average 01'25,000 gallons per day or more of process wastewater to the SSS (excluding sanitary, non-contact cooling and boiler blow down wastewater), contributes a process waste stream which makes up 5 percent or more ofthe average dry weather hydraulic or organic capacity of the .POT'.V SSS treatment plant, or is designated as such by the control authority as defined in 40 CFR 403.12 (a) on the basis that the Industrial User has a reasonable potential for adversely affecting the POTV/'s SSSoperation or for violating any pretreatment standard or requirement in accordance with 40 CFR 403.8 (f)(6). If, upon finding that an Industrial User meeting the criteria ofthis subdivision has no reasonable potential for adversely affecting the POTW's SSS'soperation or for violating any pretreatment standard or requirement, the control authority, as defined in 40 CFR 403.12 (a), may, at any time, on its own initiative or in response to a petition received from an Industrial User or POT\V SSS and in accordance with 40 CFR 403.8 (f)(6) determine that such Industrial User is not a significant Significant Industrial User. The City may determine that an Industrial User subiect to categorical Pretreatment Standards tmder 40 CFR 403.6 and 40 CFR Chapter 1, subchapter N is a Non-Significant Categorical Industrial User rather than a Significant Industrial User on a finding that the Industrial User never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contract cooling water and boiler blowdown wastewater. unless specifically included in the Pretreatment Standard) and the conditions are met as stated in 40 CPR 403.3 (v) (2) (i. ii, iii). Subd. 4;M5: Slug. Any waste discharge, of water or wastewater which in concentration of any given constituent or in quantity of flow, exceeds four (4) times the average twenty-four (24) hour concentration or flow during normal operation which may by itself or in combination with other wastes cause an interference within the SSS. Subd. 13: ~. The State of Minnesota or its desigIHited agency, the Minnesota PollutioH Control "^..geney (MPC^..). Sub.-4446: Storm Water. Any flow occurring during or following any form of natural precipitation and resulting therefrom. Subd. #47: Storm Sewer (sometimes termed Storm Drain). A sewer which carries storm and surface water and drainage, but excludes wastewater and industrial wastes, other than unpolluted cooling or process water. 42-5 CHAPTER N - WATER & SEWER Subd. 4M8: Sump PumP. A pump, which removes storm or ground water from a sump well. Subd. 4+49: Suspended Solids (88) or Total Suspended Solids (TSS). The total suspended matter that either floats on the surface of, or is suspended in water, wastewater or other liquids, and which is removable by a standard glass fiber filter. Subd. 48-50: Total Toxic Organics. The summation of all values greater than 0.01 mg/l of toxic organics listed in Section 307 (4A) of the Act. Subd. 4921: Unpolluted Water. Clean water uncontaminated by industrial wastes, other wastes, or any substance which renders such water unclean, or noxious, or impure so as to be actually or potentially harmful or detrimental or injurious to public health, safety or welfare, to domestic, commercial, industrial or recreational use, or to vegetation, domestic animals livestock, wild animals, birds, fish, or other aquatic life. Subd. W52: User. Any person who discharges, causes or permits the discharge of wastewater into the SSS. Those residential, eommereial, governmental, institutional, and industriaJ establishments whieh are ecmneeted to the 8SS. 8OOd. 51: Waste Transport Hauler (sometimes termed Septic Hauler). An industTial user '0'.'1.10 transports industrial or domestie 'Naste for t.ee purpose of diseharge into SSS. Subd. ~53: Wastewater. The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and storm water that may be present, whether treated or untreated, which is discharged into or permitted to enter the City's SSS. Section 42.03: INDNIDUAL SEWAGE TREATMENT SYSTEM. Subd. 1: Where a public sanitary sewer is not available, the building sewer shall be connected to an individual sewage treatment system complying with the provisions of this Section 42.01. Sewage Treatment Systems and Minnesota Pollution Control Agency Rules, Chapter 7+080. The provision of this subsection shall be in addition to any requirements established by applicable federal, state, or local laws and regulations and shall not be construed to relieve any liability or obligation imposed by such laws and regulations. Subd. 2: Any person operating a private wastewater disposal system who wishes to discharge waste products to the City's SSS resulting from the treatment of domestic wastewater only shall 12Y-obtaining permission from the Wast6'.vater Superintendent City prior to the discharge occurring. Section 42.04: BUILDING SEWERS AND CONNECTIONS. Subd. 1: No person unless authorized shall uncover, make any connections with or disturb any public sewer or appurtenance thereof, unless and until a Sewer Connection Permit 42-6 CHAPTER N - WATER & SEWER and an Excavation Permit are obtained from the City Administrator. Fees for each of these permits shall be established by the City Council, and the Excavation Permit shall be subject to the provisions of Ordinance No. 57. Subd.2: Sewer Hook-up Charge. Repealed on 9/9/04 and replaced with Ordinance 44. Subd.3: All costs incurred andexpense incident to in the installation, maintenance, repair, replacement, and connection of the building sewer to the sanitary sewer main shall be borne by the owner. The owner shall indemnify and hold harmless the City from any loss or damage to the public sewer that may directly or indirectly be occasioned by the installation of the building sewer. Subd. 4: A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard, or driveway. The building sewer from the front building may be extended to the rear building and the whole considered as one building sewer, provided that the City shall require a written agreement between the property owners as to the share of the costs of construction and maintenance which each will contribute. Subd. 5: Old building sewers may be used in connections with new buildings only when they are found, on examination and tested by the City, to meet all requirements of this ordinance. Subd. 6: The size, slope, alignment, materials of construction of a building sewer, and the method to be used in excavating, placing ofthe pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations. and to applicable City speeifieations. In the absence of code provisions or in amplification thereof. the materials and procedures set forth in Practice No.9 and applicable American Society of Testing and Materials (ASTM) standards shall apply. Subd.7: Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, such building drain shall be provided with a lifting device approved by the Plumbing Inspector and discharged to the building sewer. Subd.8: No person shall make connection of roof downspouts, sump pumps, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. Subd.9: The construction of the building sewer and its connection into the public sewer shall conform to the requirements ofthe building and plumbing code, the sewer specifications included herein. or other applicable rules and regulations and the procedures set forth in appropriate specifications of the Water Pollution Control Federation Manual (ASTM).te- applicable City speeifications. All such construction shall be made gastight and watertight. Any 42-7 CHAPTER IV - WATER & SEWER deviation from the prescribed procedures and materials must be approved by the Plumbing Inspector Gity-before installation. Subd. 10: Employees or designated agents of the City shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the connection shall notify the Plumbing Inspector Gity-when the work is ready for final inspection and no underground portions shall be covered before the final inspection is completed. The connection shall be made under the supervision of the City. Subd. 11: Any new connections to the sanitary sewer shall be prohibited unless sufficient capacity is available in all downstream facilities as determined by the City. Section 42.05: MAIN AND LATERAL SEWERS. Subd. 1: No person, unless authorized by the City, shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first complying with the provisions of Section 42.04 and obtaining a written permit from the City. Subd. 2: No sanitary or storm sewers shall be constructed in the City (except building drains or building sewers) except by written approval ofthe City, and subject to inspection during construction by employees or designated agents ofthe City. No such sewers shall be considered to be a part of the public sewer system unless accepted by the City. Subd. 3: The size, slope, alignment, material of construction, methods to be used in excavation, placing of pipe, jointing, testing, backfilling and other work connected with the construction of sewers shall conform to the requirements ofthe City. Section 42.06: PROTECTION FROM DAMAGE. No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part ofthe SSS. Section 42.07: USE OF PUBLIC SEWERS. Subd. 1: It shall be unlawful to discharge to any natural outlet within the City or in any area under the jurisdiction of the City any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance. Subd. 2: As set forth in Section 42.03, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater. Subd. 3: The owner of any building or property which is located within the City, or in any area under the jurisdiction of the City, and from which wastewater is discharged, shall be required to connect to the Sanitary 8e'Ner System a public sewer system at the owner's expense within ninety (90) days after service of official notice to do so, provided that sanitary sewer is reasonably available. Said ninety (90) days shall be consecutive calendar days exclusive of the 42-8 CHAPTER IV - WATER & SEWER days between November 1 and May 15. Additionally, if the building or property is used for human occupancy, employment or recreation, the owner shall be required to install at the same time toilet facilities in accordance with the Minnesota Building Code and other ordinances of the City. Subd. 4: In the event an owner shall fail to connect to a public sewer in compliance with a notice given under Section 42.07 Subd. 3 ofthis ordinance, the City may undertake to have said connection made and shall assess the cost thereof against the benefited property and said assessment shall be a lien against said property. Such assessment, when levied, shall bear interest at the rate determined by the Council, the rate of eight percent (8%) per annum and shall be certified to the auditor of the county in which the land is situated and shall be collected and remitted to the City in the same manner as assessments for local improvements. The rights of the City under this subdivision shall be in addition to any other remedial or enforcement provisions of this ordinance. Subd.5: No person shall discharge or cause to be discharged directly or indirectly any storm water, surface water, groundwater, roofrunoff, sump pump discharge, sub-subsurface drainage, unpolluted cooling or process water to any sanitary sewer unless there is no prudent and feasible alternative and unless as approved by the City. Subd. 6: Storm water and all other unpolluted water shall be discharged to a storm sewer, except that unpolluted cooling or process water shall only be so discharged upon approval by the City and the user may be required to obtain a NPDES Permit from the MPCA. Section 42.08: PHOSPHORUS MANAGEMENT. Subd.l: Any non-domestic, i.e. commercial or industrial, source may be included as part of the Phosphorus Management Plan (PMP) and required to evaluate their phosphorus discharge to the SSS. Subd. 2: Any significant non-domestic nutrient contributor (NDNC) of phosphorus, as determined by the Gi-ty-City_will be required to develop a Phosphorus Reduction Strategy (PRS). The NDNC will evaluate and/or update the PRS to include methods and/or steps taken to eliminate or reduce phosphorus loading to the SSS. Section 42.09: MERCURY MANAGEMENT Subd. 1: Mercury levels shall not be detectable above 0.2 micrograms per liter in the wastewater discharge to the SSS. Mercury smapling procedures. preservation and handling and analytical protocol for compliance monitoring shall be in accordance with ErA Method 245.1 or another method approved or required by the City. The level of detection developed in accordance with the procedures specified in 40 CFR 136. shall not exceed 0.2 micrograms per liter for mercury. unless higher levels are appropriate due to matrix interference. Subd.2: To ensure that the maximum allowable mercury loading to the WWTF is not exceeded. the WWTF may require non-domestic users with a reasonable potential to discharge 42-9 CHAPTER IV - WATER & SEWER mercury to develop, submit for approval and implement a Mercury Reduction Plan (MRP). At a minimum, an approved MRP shall contain the following: a) A written commitment by the non-domestic user to reduce all non-domestic discharges of mercury to levels below the level of detection withing 36 months of the MRP's original approval date. b) Within 60 days of notification by the WWTF that a MRP is required, the non- domestic user shall supply an initial identification of all potential sources of mercurv which could be discharged to theWWTF. c) Specific strategies for mercury reduction with reasonable time frames for implementation, capable of ensuring that mercury discharges will be below the specified level of detection within 36 months. d) A program for quarterly sampling and analysis of the non-domestic discharge for mercury in accordance with EPA method 245.1 e. A demonstration of specific, measurable and/or otherwise Quantifiable mercurv reductions consistent with the goal of reducing mercury discharges below the specified level of detection. Where such reductions cannot be demonstrated through normal effluent monitoring (e.g. mercury discharges are already near level of detection), the demonstration should incorporate the following: 1. Internal process monitoring, documenting the results of mercury reduction strategies at sampling locations within the facility (e.g. a program of regular monitoring of sink traps where mercury containing reagents had previously been disposed of, but have since been substituted by non- mercury containing compounds. 11. Internal and/or effluent sampling utilizing clean and/or ultra-clean sanlpling and analvtical methods as referenced bv the EP A Federal Register. The results of such monitoring will not be used for compliance purposes unless performed in accordance with EP A Method 245.1 and collected at the appropriate compliance measurement location; and 111. Loading calculations wherein the non-domestic user calculates the total mass of mercurv reduced from the sanitary sewer discharge through reagent substitutions. changes in disposal practices and/or other approved MRP strategies implemented. f. A semi-annual report on the status of the mercury reduction efforts. At a minimmn, these reports shall: identify compliance or noncompliance with specific reduction commitments in the MRP; summarize the analytical. mass- based or quantifiable demonstration of mercury reductions performed to date: provide all applicable analytical data; provide an evaluation of efIectiveness of 42-10 CHAPTER IV - WATER & SEWER actions to date~ provide updates to the initial list of mercury containing compounds discharged to the sanitary sewer and propose for approval new strategies and/or modifications to the current MRP to continue and improve mercury reducti.on efforts. ' g. Failure to submit an appropriate MRP within 30 days onhe required due date shall constitute significant non-compliance in accordance with this Section, and will result in publication as a significant violator~ h. A non-domestic user may request a variance from MRP requirements if all samples of the discharge for a period of one year are less than the specified level of detection~ the non-domestic user has complied with the minimtun monitoring frequency of quarterly sampling events and the City deems that the MRP commitments have been fulfilled sufficiently to ensure continued compliance with the mercury limitation. Notice of approval or disapproval of the variance from MRP requirements will be made in \\'l'iting from the City.:. 1. If a MRP variance is issued, the non-domestic user remains subject to the local limitation for mercury. Subd.3: Ifmercury is determined at levels above 0.2 micrograms per liter, the contributing User shall reimburse the City for all sampling and testing associated with the compliance monitoring and investigating the mercury source. Section 42.(w'1 0: Vi i\.8TEVl'^1 TER INDUSTRIAL DISCHARGE PERMIT. Subd. 1: ~Permit Requirement. Industriall:lsers, or other persons, discharging into the City's 888 shall obtain an Industrial Discharge Permit pursuant to thi~; ordinance these rules if notified to do so by the City. Industrial users discharging wastewater to the SCWWTS shall apply for an industrial discharge permit in accordance with these rules unless the City determines that the wastewater has an insignificant impact to the collection system or the WWTF. No industrial user requiring a permit shall discharge to the SCWWTS until the industrial user has been issued a permit. Issuance of an industrial discharge permit shall not relieve the industrial user from any obligation to obtain anv hazardous waste license required by other authorities or to complv with any other local. state, or federal requirements regarding waste disposal. The criteria to be utilized by the G#y-CityJo determine if an Industrial Discharge Permit will be required shall include: a) An average flow greater than 25,000 gallons per operating day, or b) A pollutant concentration of greater than 50% for one or more regulated pollutants (see 8ection 12.11, 8ubd. 6) at the point of discharge, or;, c) Has properties in the discharge for it to be constituted a prohibited discharge, or~ 42-11 CHAPTER N ~ WATER & SEWER d) Has been pretreated or passed through an equalization tank before discharge, or; e) A hydraulic or organic loading greater than 5% of the average dry weather capacity ofthe gg,gWWTF; or~ f) An industrial process regulated by EP A categorical standards, or g) Other criteria as designated by the ~WWTF as defined in 40 CFR 403.12 (a). Subd. 2: Permit Application. a) Existing Significant Industrial User. An existing Significant Industrial User or other person who is required to obtain an Industrial Discharge Permit shall complete and file a permit application with the City within 3 months{ninety) 90 days of notification a permit application. The appropriate permit fee as provided by Section 12.8, Subd. 12Council resolution shall accompany the permit application form at the time of application. A user shall have one year from the date of notification by the City to fla:s.<e-obtaine4 an Industrial Discharge Permit. Subd.3: New Significant Industrial Users. All new significant industrial users proposing to connect or to commence a new discharge into the City's SSSwastewater disposal system shall apply for an industrial Industrial disehai'ge Discharge permit Permit prior to before connection to or discharging into the City's SSS. The permit application may be obtained from the 'Nastewater Superintendent. No discharge mto the City's SSS can commence until a Vlastewater Di~;charge AB-an Industrial Discharge Permit is received unless the Gfty-City_has ruled that: a) An industrial discharge permit is not required, and b) A discharge waiver is granted to commence discharge pending final action by the City. Subd. 4: Incomplete or Deficient Application. If the permit application is incomplete or otherwise deficient, the Wastov;ater SuperintendentCity will advise the applicant of such incompleteness or deficiency. An Industrial Discharge Permit shall not be issued until an application is complete. Subd. 5: Issuance of Industrial Discharge Permit. Within sixty (60) days after receipt of a completed application form from the industrial user, the Gfty-City_shall, upon a determination that the applicant is capable of compliance with the Industrial Discharge Permit conditions and these rules, issue an Industrial Discharge Permit subject to the terms and conditions provided herein. The following are tyPes of Industrial Discharge Permits: a. Standard Permit. with reQuirements for a specific facility, will be issued to an industrial user with a direct discharge connection to a public sewer. A Standard Permit will be issued to each Significant Industrial User, and other industrial users determined by the City. 42-12 CHAPTER IV - WATER & SEWER Subd.6: Permit Conditions. Industrial Discharge Permits shall be expressly subject to all provisions of this ordinance and all other applicable regulations, user charges and fees established by the City Council. Permits shall contain the following: a) A summary ofthe penalties and sm:charges applicable for violations ofthe terms of permits as provided in .._ of this ordinance. b) The unit charges or schedule of user charges and fees for the wastewater to be discharged to the SSS. c) Limits on the average and maximum wastewater constituents and characteristics either in terms of concentration, mass limitations, or other appropriate limits; d) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization; e) e) Requirements for installation and maintenance on inspection and sampling facilities; f) Requirements for access to the permittee's premise and records; fg) Requirements for installation, operati()n,andmaintenance of pretreatment facilities; ,,_. . . ..' .;'.r_.;'....!.':...,.&.........,........ ...;@"_'.':':...."..~.. .....~:.:.'...'.).,. ~_, D'i0..<;;"',h'_.A'-"W.____ v ___ , &,,,,~,;;:;,,,-^_ "g,,_._~- gh) Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number, types and standards for tests and self reporting schedule; liD Compliance schedules; iji..--Requirements for maintaining and retaining ~records relating to wastewater discharge as specified by the City, and affording the Waste'Nuter 8uperintendentCitv access thereto; .H0 Requirements for notification to the Waste'.vater 8uperintendent City of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the City's SSS.:. ~J Requirements for notification of sludge discharge as provided in this ordinance; and of 42-13 CHAPTER IV - WATER & SEWER lm) The requirement for Industrial Discharge Permit transfer as stated herein; and eQ) Other conditions as deemed appropriate by the City to ensure compliance with this ordinance. Subd. 7: Permit Modification. Suspension. and Revocation. An Industrial Discharge Permit may be modified, suspended or revoked, in whole or in part by the Wastewater Superintendent or City during its term for cause, including: a) Violation ofthese rules; b) Violation of any terms or conditions of the Industrial Discharge Permit; c) Obtaining an Industrial Discharge Permit by misrepresentation or failure to disclose fully all-relevant facts; d) Amendment ofthese rules; e) A change in the wastewater treatment process, which results in the permittee's, discharge having a significantly different and negative impact on the process; f) A change in the permittee's industrial waste volume or characteristics which the permittee knows or has reason to know will or is likely to have, either by itself singly or by interaction with other wastes, a negative impact on the ggg.treatment process; g) A change in the WWTF's NPDES or SDS Permit requirements. or any other changes made by Local. State and/or Federal rules; and gh) A determination by the Gity-CityJhat the permittee's discharge reasonably appears to present an imminent endangerment to the health or welfare of persons, present an endangerment to the environment, or threaten interference with the operation of the SSS or POT\V. Subd. 8: Time Schedule for Compliance. Any modifications in the Industrial Discharge Permit shall specify a reasonable time schedule for compliance. Subd. 9: Refund of Permit Fee on Surrender or Revocation. A permittee may surrender an Industrial Discharge Permit to the City prior to the permit's scheduled termination. In the event that a permit is surrendered or revoked, the permittee shall be refunded a pro rata portion of the permit fee paid. Subd. 10: Permit Duration. Permits shall be issued for a specified time period, not to exceed five (5) years. The user shall apply for permit reissuance a minimum of 180 days prior to the permit's expiration date by filing with the City a permit reissuance application. The terms and 42-14 CHAPTER IV - WATER & SEWER conditions of the permit may be subject to modification by tee~ity_during the term of the permit as limitations or requirements as identified in _\II. are modified or other just cause exists. The user shall be informed prior to the effective date of.change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. Subd. 11: Permit Transfer. Industrial Discharge Permits are issued to a specific user, at a specific location, for a specific operation,,-, Enwept in the ease of '.Vasts Transport Haulers. An Industrial Discharge Permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval ofthe GHyCity. Any succeeding owner or user shall also comply with the terms and conditions ofthe existing permit until its expiration date. In the event of a change in the entity owning the industrial discharge facilities for which there is an Industrial Discharge Permit, the prior owner, if feasible, shall notify the City and the succeeding owner of said change in ownership and of the provisions of the Industrial Discharge Permit and these Rules. The new owner shall submit a new permit application or shall submit to the City an executed statement agreeing to be bound by the terms and conditions of the existing Industrial Discharge Permit for the facility, in which case, upon consent ofthe City, the permit shall continue in effect. Subd. 12: Permit Fees. The Industrial Discharge Permit fee, paid to the City, for total waste (million gallons per year) for both initial and reissuance shall be set from time to time, by a resolution of the City Council. Separate fees shall be established for the following categories: a) Less than one (1) million gallons per year~t annual permit fee of $200 paid at the time of issuance or re-issuance of industrial permit agreement. b) Between one (1) and ten (10) million gallons per year; $400., annual pennit fee of $ 300 paid at the time of issuance or re-issuance of industrial permit agreement. c) Greater than ten (10) million gallons per year; $(500., annual permit fee of $ 400 paid at the time of issuance or re-issuance of industrial pemlit agreement. d) Permit Application and Re-issuance Application fee of$ 100. Subd. 13: Permit Violation Fees. Permitees shall pay violation fees as follows bv forty- Five (45) days of the original report due date: a) Discharge Violation Fee of$IOO. b) Late Industrial Discharge Monitoring Report Fee of$ 100 c) Permit Violation Fee of$ 100. Section 42.11: liquid Waste Hauler Requirements btSubd. 1: Liquid Waste Haulers are not permitted to discharge residential, commercial or industrial waste into the SSS. Exceptions may be granted for waste from City Parks as approved by the Citv. 42-15 CHAPTER IV - WATER & SEWER Subd. 2: Contaminated Groundwater Discharge Requirements: Anv Person seeking to discharge contaminated groundwater into the SSS shall apply to the City for discharge approval. a. Application: A written application for approval to discharge leachate or contaminated groundwater into the SCWWTS shall be submitted to the City according to the following: 1. An application for approval to discharge shall be submitted at least 15 days prior to initiation of the proposed discharge; 11. An application for approval to discharge for a duration greater than six (6) months shall be submitted at least 90 days prior to initiation of the proposed discharge. 111. The application shall be made in a form established by the City, b. Approval or Denial: Upon receipt of a complete application for discharge approval. the City shall: i. Within 30 days. issue a written approval for discharges that will not exceed six (6) months in duration; or 11. Within 90 days. issue an industrial discharge permit for discharges that will exceed six (6) months of duration; or 111. Deny the request for discharging the SSS and state the reasons for denial c. Conditions of Discharge: Any person who has obtained a written approval or a permit shall discharge in accordance vvith the terms of the approval or permit, anv other applicable provisions of these rules. applicabLe pretreatment standards under the Act. and any other requirements set forth by the City, Section 42.WI2: PROHIBITIVE DISCHARGE. Subd. 1: No person shall discharge or cause to be discharged, directly or indirectly, into the SSS-_any of the following: a) Any combustible, flammable or explosive solids, liquids, or gases which by their nature or quantity will or are likely to cause either alone or by interaction with other substances a fire or explosion or be injurious to the SSS or POT\1/treatment facility -operation. At no time shall two (2) successive readings on an explosimeter, at the point of discharge into the sewer system, be more than five percent (5%) nor shall there by any single reading over ten percent (10%) ofthe Lower Explosive Limit (LEL). Prohibited materials include but are not limited to 42-16 CHAPTER IV - WATER & SEWER gasoline, kerosene, naphtha, fuel oil, lubricating oil, benzene, toluene, xylene, ethers, alcohols, and ketones. . b) Any solids or viscous substances which will or are likely to cause obstruction to the flow in a sewer or interference with the operation ofthe SS8 or POT\Vwastewater treatment facility. These include but are not limited to garbage with particles greater than one-half inch (1/2") in any dimension, grease, animal guts or tissues, bones, hair, hides or fleshings, entrails, feathers, ashes, sand, spent lime, stone or marble dust, metal, glass, grass clippings, rags, spent grains, waste paper, wood, plastic, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, glass grinding and polishing wastes. c) Any wastewater having a pH less than 5.0 or greater than 12,0 or having any corrosive property that will or is likely to cause damage or hazard to structures, equipment, or employee of the City. d) Any alkaline wastewater which alone or with others will or is likely to cause an elevated pH in the SSS or POTWtreatment facility influent so as to result in an inhibiting effect on the biological process or encrustation to the system sewer, e) Any wastewater containing toxic or poisonous pollutants in sufficient quantity, either singly by itself or by interaction with other pollutants, that will or is likely to cause interference or constitute a hazard to humans. (A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307 (a) of the Federal Water Pollution Act) f) Any noxious or malodorous solids, liquids, or gases, which either singly by itself or by interaction with other wastes, will or are likely to create a public nuisance or hazard to life or prevent the entry of City employees into a sewer for its monitoring, maintenance, and repair. g) Any wastewater which will or is likely to cause excessive discoloration in treatment plant facility effluent. h) Wastes, other than Domestic Wastes, that are-is infectious before discharging into the sewer, i) Any sludge solids residual from an industrial pretreatment facility except as provided in j) Heat in amounts which will eause damage to the 8S8 or POT\V or which is likely to inhibit biological activity in the POTWtreatment facility, but in no case heat in such quantities that the Industrial User's waste temperature is greater than 65 C (150 F) at its point of discharge to the g.s.g.sewer system, or heat causing, individually or in combination with other wastewater, the influent at the POT'.},! wastewater treatment plant to have a temperature exceeding 40 C (104 F), 42-17 CHAPTER IV - WATER & SEWER k) Any wastewater containing fat, wax, grease or oil in excess of 100 mgll that will or is likely to solidify or become viscous at temperatures between 0 C (32 F) and 65 C (150 F) and which will or is likely to cause interference at the WWTFobstruetion to the flo',y in sewers or other interf-erenee to the SSS, including petroleum oil, non-biodegradable cutting oil or products of mineral oil ongm. I) Any slug discharged in such volume or strength which a person knows or has reason to know will or is likely to cause interference to ifl.-the SSS. m) Any substance including nutrients which will cause the POTW WWTF to violate its NPDES and/or State Disposal System Permit or the receiving water quality standards or goals. n) Any substance which may cause the POTW WWTF effluent or any other product of the wastewater treatment process such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process, In no case, shall a substance discharged to the Waste\vater Disposal System wastewater treatment system cause the system to be in noncompliance with sludge biosolids use or disposal criteria, guidelines or regulations developed under pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State standards applicable to the biosolids management method being used. 0) Any wastewater containing inert suspended solids (including lime slurries and lime residues) or dissolved solids (including sodium chloride) in such quantities that will or is likely to cause interference with the SSS or POTWWWTF, p) Radioactive wastes or isotopes of such a half-life or concentration that they are in non-compliance with standards issued by the appropriate authority having control over their use and which will or are likely to cause damage or hazards to the SSS or POTW or to employees operating it. q) Any hazardous waste, unless prior approval has been obtained from the City, r) Any waste generated outside the area served by the SSS without prior approval of the ~ity. s) Any unpolluted water, including cooling water, rain water, storm water or groundwater, unless there is no other prudent or feasible alternative as determined by the ~ity. t) Any trucked or hauled wastes or pollutants, except if approved by the City at discharge points designated by the City. 42-18 CHAPTER IV - WATER & SEWER u) Phosphorus or other nutrients that exceed acceptable limits as set by the POTW WWTF. Section 42.11 : LIMITATIONS ON WASTEWATER STRENGTH. Subd, 1: Federal Pretreatment Standards. Federal Pretreatment Standards and General Regulations promulgated by the U.S. Environmental Protection Agency (EP A) pursuant to the Act shall be met by all users which are subject to such standards in any instance where they are more stringent than the limitations in this ordinance unless the City has applied for, and obtained from the MPCA approval to modify the specific limits in the federal pretreatment standards. In all other respects, Industrial Users subject to Pretreatment standards shall comply with all provisions of these rules and any permit issued thereunder, notwithstanding less stringent provisions of the General Pretreatment Regulations or any applicable Pretreatment Standard. Subd.2: State Requirements. State requirements and limitations on discharges shall be met by all users, which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations or those in this ordinance. Subd.3: City's Right of Revision. The City reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the SSS if deemed necessary to comply with the objectives presented in Section 42.01 of this ordinance. Subd.4: Dilution. No user shall increase the use of process water, or in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in any local or, State requirements or Federal pretreatment standards. Subd. 5: Removal Credits and Variances. a) If the POTW WWTFachieves consistent removal of pollutants limited by Federal Pretreatment Standards, the City may apply to MPCA for modification of specific limits of the EP A Pretreatment Standards. The City shall modify pollutant discharge limits applicable to an Industrial User in the Pretreatment Standards if the requirements contained in 40 CFR 403.7 of the General Pretreatment Regulations relating to credits for the removal of pollutants are fulfilled and approval from MPCA is obtained. However, nothing herein shall be construed to require the City to apply to MPCA for removal credits nor shall it be construed to in an way limit the applicability of the limitations provided in in the event that such a removal credit is granted, except as provided in b) The City shall recognize and enforce the conditions allowed for by variances from Pretreatment Standards for fundamentally different factors as granted by EP A to individual Industrial Users in accordance with 40 CFR 403.13 of the General Pretreatment Regulations. 42-19 CHAPTER IV - WATER & SEWER c) The City shall notify all affected Industrial Users ofthe applicable Pretreatment Standards, their amendments, and reporting requirements in accordance with 40 CFR 403.12 of the General Pretreatment Regulations. A compliance schedule is part of the Industrial Discharge Permit shall be developed between the City and the Industrial User to ensure that the Industrial User complies with local, State and Federal limitations in a timely manner as provided by the same section of the General Pretreatment Regulations. Subd.6: Supplementary Local Limitations/Pretreatment Standards. No person, except as authorized pursuant to a compliance schedule in a permit, shall discharge or cause or allow to be discharged, directly or indirectly, into the SSS any ofthe following waste pollutants containing concentrations in excess of the following maximum limitations for any operating day: Pollutant Maximum Allowable Concentration* (mgll) Arsenic Cadmium Chromium, Total Copper Cyanide, Total Lead Mercury Molybdenum Nickel Selenium Silver Zinc Ammonia Nitrogen CBOD5 Phosphorus Total Suspended Solids 0.13 0.Q9.l.20 ~3.94 2.76 3.11 Q.;I1).I.25 ~.0002 0.11 0.75 0.-1-923 0.56 4.23 Best Management Practices Best Management Practices Best Management Practices Best Management Practices *Based on a 21 hour nO'll proportional composite sample of nOR domestic discharge to the SSS. Subd.7: Special Agreements. No statement contained in this subsection, except as promulgated by the EP A as stated in shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City g.s.g.for treatment, subject to payment therefore, by the industrial concern, in accordance with applicable ordinances and any supplemental agreement with the City. Subd. 8: Pretreatment Standards Notification. The City shall notify all affected Industrial Users of the applicable Pretreatment Standards, their amendments, and reporting requirements in accordance with Code of Federal Regulations, Title 40, Section 403,12 of the 42-20 CHAPTER IV - WATER & SEWER General Pretreatment Regulations. A compliance schedule shall be developed between the City and the Industrial User to ensure that the Industrial User complies with local, State, and Federal limitations in a timely manner as provided by the same Section ofthe General Pretreatment Regulations. Subd.9: Reports. Reports specified in Code of Federal Regulations, Title 40, Section 403.12 of the General Pretreatment Regulations shall be submitted to the ~WW'rF by affected users, Section 42.13: STRENGTH CHARGE SYSTEM Subd. 1: Any permittee as designated by the City, discharging into the SSS industrial waste at carbonaceous biochemical oxygen demand and/or total suspended solids concentrations in excess of base levels shall be subiect to a strength charge. Further, any person discharging waste into the SCWTS may be subject to a strength charge under the same -provisions, Base lcyels, strength charge rates and the procedures for determining strength, will be set by Council resolution and may be adiusted annually. Additional parameters, other than carbonaceous biochemical oxygen demand and total suspended solids my be subiect to a strength charge, Subd. 2: IndustriaL user charge may also include specific credits for industrial pretreatment which would encourage reduction in overall WWTF plant loading. Such credit to be determined by the City. Subd, 3: Persons subiect to a strength charge shall pay the full amount to the City within 30 calendar days after the billing date. A penalty in the amOlmt of Five Dollars ($5.00) or 5.5% of the balance, whichever is greater, shall be added to all Public Utilities accounts not paid in full by the due date. The penalty for late payment shall be added to each billing for which the account remains unpaid. Subd. 4: Certification Fee. A Fifty Dollar ($ 50.00) charge will be added to all accounts certified to the County Auditor's officer for collection. This fee is to be considered separate and distinct from any penalty or interest that may be charged by the County as a result of certification. Section 42.~14: ACCIDENTAL AND SLUG DISCHARGES. Subd. 1: Prevention of Accidental and Slug Discharges. All Industrial Users shall provide adeqll~!ep~otective procedures to prevent the accidental discharge of any waste prohibited in _, any waste in excess of the limitations provided in Section or any waste in violation of an applicable pretreatment standard. Subd.2: Accidental Discharge. Accidental discharges of prohibited waste into the SSS, directly or through another disposal system, or to any place from which such waste may enter the SSS shall be reported to the Waste.....ater SuperintendentCity by the persons responsible for the discharge, or by the owner or occupant of the premises where the discharge occurred, immediately upon obtaining knowledge of the fact of such discharge. Such notification will not 42-21 CHAPTER IV - WATER & SEWER relieve users of liability for any expense, loss or damage to the wastewater disposal system or treatment processg.s.g., or POT\V, or for any fines imposed on the City on account thereof under any State or Federal law or Sewer Use Agreement. The responsible person shall take immediate action as is reasonably possible to minimize or abate the prohibited discharge. The responsible person shall send a letter describing the prohibited discharge to the City within seven (7) days after obtaining knowledge of the discharge. The letter shall include the following information: a) The time and location of the spill; b) Description of the accidentally discharged waste, including estimate of pollutant concentrations; c) Time period and volume of wastewater discharged; d) Actions taken to correct or control the spill; e) A schedule of corrective measures to prevent further spill occurrences. Subd.3: Slug Discharge. In the event that an Industrial User discharges a Slug in such volume or strength that the Industrial User knows or has reason to know it will cause interference in the SSS or POTWWWTF, the Industrial User shall immediately report the same to the Wa~Jte\vuter SuperintendentCity. Within seven (7) days thereafter, the Industrial User shall send a letter to the Waste\\<ater 8l:lperintendentCity describing the slug as specified under Accidental Discharge. J'1ft-er such a aiscflai'ge, a plan is reqaired to prevent adaitienal slag or aecidental discharges. This plan will contain the f{)llov:iag at a miniml:lffi: Subd, 4: Spill Containment Program Requirement. Any Industrial User with a significant potential to discharge materials listed in the prohibited discharge section of this ordinance is required to install and maintain an adequate spill containment system. Gcncral spill containment requirements are listed below: a) Process, storage, holding or treatment tanks containing materials listed in the prohibitive discharge section of this ordinance as well as the associated piping. pumps, and other appurtenances must be contained if a spill or Leak could enter the sewer. This includes tanks used for short-duration mixing, processing or storage. b) The City prohibits floor drains with direct connections to the public sewer in facilities that store toxic or flammable materials. c) The spill containment system must be capable of containing 100 percent of thc volume of the largest tank of restricted material. Subd.5: Acceptable Containment Systems include: 42-22 CHAPTER IV - WATER & SEWER a) Diking. Diking may be used to spill contain single shell tanks. Diking usually consists of concrete blocks, concrete berming or other materials that form a permanent structural barrier. Portable spill containment trays/pallets are also acceptable. b) Self-Containment. Tanks of double shell construction are considered to be self- contained and no not require additional spill containment features unless there is a significant likelihood of overflowing. These tanks consist of two independent structural shells with the outer shell capable of containing any leakage from the inner one. An air gap of at least one-inch must be provided between the inner and outer shell. d) Pits, Pits constructed under or around tanks are acceptable as spill containment. No openings. manual or electric gates or valves are allowed, Subd. 6: Discharge Control Plan. Anv Significant Industrial User (SIU) that may batch discharge or any wastewater (including from spill containment areas), treated or othenvise, and that discharge may potentially cause adverse impacts to the collection system or treatment plant must complete and implement a Slug Discharge Control Plan, Slug Discharge Control Plan must contain the following elements: a) Description of discharge practices, including non-routine batch discharges; b) Description of stored chemicals; c) Procedure for promptly notifying the Waste',....ater Superintendent or PO'rw City of slug discharges as defined under Section 403.5(b) of the Code of Federal Regulations Title 40 and _ of this Ordinance, with procedures for follow-up written notification within five (5) days; e) d) Procedures necessary to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of t*affi-site runoff, and 'worker training.:.t Include drawings that show spill containment dimensions and the locations of all floor drains, wastewater piping and pretreatment equipment; e) f J1Y necessary meaSlH'es f{)r building containment struotlH'es or equipment; f) .Any necessary meaSlH'6S fDr oontrolling toxic organio pollutants (including solvents); g) .,,\l1Y necessary procedures and equipment for emergency response; h) .^J1Y necessary follow up praetiees to limit the damage suffered by the SSS or the POT',V or the enviromnent. 42-23 CHAPTER IV - WATER & SEWER Section 42.g15: MONITORING. Subd. 1: Monitoring Facilities. When required by the City's permit, the permittee of any property serviced by a building sewer carrying industrial wastes shall install a suitable control structure, together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, flow measurement, and measurement of the wastes. Such structure and equipment, when required, shall be constructed at the owner's expense in accordance with plans approved by the City and shall be maintained by the owner so as to be safe and accessible at all times. Subd 2: Monitoring Point. Each permittee shall have an approved monitoring point provided at the permittee's expense. Liquid Haulers and special industrial users may be exempted by permit from portions of this section. An approved monitoring point shall meet the following criteria: a) the wastewater flow is visible and accessible for inspection and monitoring purposes; b) thc wastewatcr flow has appropriatc vclocity and is wcll mixed to yield represcntative samples; c) the wastewater flow at the monitoring point conveys all of the permittee's industrial waste; d) the monitoring point is large enough or space is provided for nearby to allow for monitoring equipment and replacement; and e) the total wastewater flow of the permitted facility if exceeding 25,000 gallons per day, can be measured using an open channel or other acceptable measuring device. The City may allow multiple monitoring points provided that each point meets the. criteria a - e of this section. Subd.3: All permittees shall have an approved monitoring poing. All new installations shall be in accordance with provisions of the Minnesota Plumbing Code. Minnesota Rules, chapter 4715. Subd. 4: Each permittee is responsible for all maintenance on the approved monitoring point. including routing and cleaning. The monitoring faeility should fl:ormaUy be situated on the user's premises, but the City may, ',V heR sU0h a location VIOuld be impraetical or cause oodue hardship OR the user allov. the facility to be constructed elsewhere, 42-24 CHAPTER IV - WATER & SEWER Subd. 5: Inspection Maintenance Hatch. The City may require the installation of an inspection maintenance hatch (manhole). in the event of construction. replacement or modification of a permittee's sewer connection(s). Permittees shall provide notice to the City prior to any such replacement or modification. The inspection maintenance hatch shall be of standard size and shape and be located on the private sewer line between the facility and the public sewer. If feasible. the inspection maintenance hole shall convey the total facility wastewater discharge. Subd.~: Flow Measurement. A permittee, when required by permit, shall install and maintain a flow measurement device for instantaneous rate and/or cumulative flow volume determinations, Metered water supply may be used in lieu of flow measurement devices if it can be documented that the water usage and waste discharge are the same, or where a measurable adjustment to the metered supply can be made to determine the waste volume. Meters and flow records shall be maintained at the permittee's expense in good operating condition at all times. The permittee shall notify the City in writing within five (5) days in the event that the permittee becomes aware that the meter or flow recorder has failed to accurately register the flow, The permittee shall also notify the City of the permittee's intention to alter the installation of a meter or flow recorder so as to affect the accurate recording of industrial waste entering the SSS. The following requirements may apply to the selection and installation of wastewater flow measuring devices: a. Flow measuring devices including, but not limited to, weirs. flumes. area velocity sensors and closed-pipe flow meters. shall be installed such that property hydraulic conditions exist. Factors used to determine the type, size and location of a flow measuring device include: 1. flow rate and velocity; 11. pipe configuration and slope; 111. turbulence; IV. presence of nearby tributary flows and; v, solids concentration b. All flow measuring device shall be properly installed, and where applicable, properly leveled and sealed. c. When a weir or a flume is utilized, the low level-sensing device shall be installed at a proper distance upstream of the primary flow device and in a location where excessive turbulence is not created. Subd. ;z: Self Monitoring Analyses. All measurements, tests, and analyses of the characteristics of water and wastes as outline in the permit shall be determined in accordance 42-25 CHAPTER IV - WATER & SEWER with guidelines established in 40 CFR Part 136 Part and 40 CFR 403. 12(g) ofthe General Pretreatment Regulations. Subd. 8: Representative Sampling. Representative samples of a permittee's industrial waste shall be collected on a normal operating day and in accordance with guidelines listed in Industrial User'sDischarge -Permit. Industrial Users subject to Pretreatment Standards shall sample in accordance with the Pretreatment Standards. Self-monitoring point(s) for Industrial Users who are not subject to Pretreatment Standards shall be at a location and at a frequency as specified in the permit. The samples shall accurately characterize the discharge, taking into account batch discharges, daily production variations, downtime, cleanup and other operating conditions, Subd.9: Monitoring Techniques. Monitoring methods that will be used by industrial users, and contracted monitoring services and/or commercial analvticallaboratories that collect and/or analyze wastewater samples to fulfill requirements of these rules or any permit issued under these rules. Monitoring methods specified in this section include sample collection. preservation. handling, analysis and flow measurement. a) A series of at least four grab samples is required when analyzing wastewater for PH. grease and oil, total phenols and sulfides. Samples for cyanide and volatile organics my be collected by the grab sampling technique described above or bv an automatic sample, using acceptable techniques. For other parameters, grab samples may be required when the wastewater flow is not continuous or when necessary to determine the instantaneous wastewater characteristics. Grab samples can be taken manually or automatically. Appropriate containers shall be used when collecting grab samples. b) Composite samples are formed by combining discrete samples collected either manually or by an automatic sampler. Each discrete sample shall have a minimum volume of at least 100 millilites. Discrete samples can be compo sited using any of the following methods: 1. equal time intervals and equal volume samples; 11. equal time intervals and unequal volume samples; or 111. unequal time intervals and equal volume samples, d) When an equal time interval is used, the maximum sampling interval shall be 30 minutes. The composite sample volume shall be well mixed before sub sampling. Subd. 10: Sample Handing Procedures. All samples shall be contained. preserved and held in accordance 'with 40 CFR Part 136. The sample temperature shall be maintained at four (4) degrees Celsius. if necessary, from the time of collection until sample analvsis is performed. When applicable. additional preservation shall be performed upon sample collection, 42-26 CHAPTER IV - WATER & SEWER Subd.-411: Self Monitoring ReportsIndustrial Discharge Monitoring Reports (IDMR's): -: A condition of the Industrial User's Discharge Permit shall include the completion and submittal of accurate routine self-monitoring reports to the Waste\vater SuperintendentCity in a form subscribed to by the Waste\'later SuperintendentUtility Operator. The nature and frequency of routine reporting shall be based upon the requirements specified- in the Discharge Permit ~ User's Permit application f-eml. Exeept in the ease of',1/aste Transport Haulers, reports shall be required as follows: a) Less than one (1) million gallons total v,'aste discharged per year, semi annually; b) Between one (1) cmd ten (10) million gallons, quarterly; c) Greater than ten (10) million gaJlons, bi monthly; The Waste',','ater 8uperintesdent City may modify the above reporting schedule set forth in the Industrial Discharge Permit for a particular permittee based on the permittee's industrial waste characteristics. Permittee's subject to Pretreatment Standards shall submit reports to the ggg..City in accordance with the applicable Pretreatment Standards. Permittee shall complete IDMR's to the City such that the City has received such reports on or before the 21 sl calendar day of the month following the end of each applicable reporting period, unless otherwise stated in the Industrial Discharge Permit. Any permittee not submitting a self- monitoring report by this date shall pay a late reporting fee as defined by the SCA WAC. Subd. ~12: Inspection and Sampling. The City may conduct such tests as are necessary to enforce this ordinance, and employees of the City may enter apea-any property for the purpose of taking samples, obtaining information or conducting surveys or investigations relating to such enforcement. Entry shall be made during operating hours unless circumstances require otherwise. In all cases where tests are conducted by the City for the purpose of determining whether the user is in compliance with regulations, the cost of such tests shall be charged to the user and added to the user's sewer charge. In those cases where the City determines that the nature or volume of a particular user's wastewater requires more frequent than normal testing, the City may charge such user for the tests, after giving the user ten (10) days written notice of its intention to do so, and the cost thereof shall be added to the user's sewer charge, Duly authorized employees and agents of the City, MPCA and EPA bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this ordinance. Those employees shall have no authority to inquire into any processes except as is necessary to determine the kind and source ofthe discharge to the City's SSS. While performing the necessary work on private properties referred to in Subd. ~Rof this Section, the authorized employees ofthe City shall observe all safety rules applicable to the premises established by the company. 42-27 CHAPTER IV - WATER & SEWER Duly authorized employees and agents of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds an easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the SSS lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in all accordance with the terms of the easement pertaining to the private property involved. Subd. ell: Testing Procedures. Testing procedures for the analysis of pollutants for permit applications and routine self-monitoring shall conform to the guidelines established in Code of Regulations, Title 40, Part 136 and Code of Federal Regulations, Title 40, Section 403.12 (g) of the Federal Pretreatment Regulations. Subd. +14: Report and Monitoring Discrepancies. A permittee shall be notified in writing by the City of a significant discrepancy between the pemittee's routine, self-monitoring records and the City's or PO'rv/'s monitoring results within thirty (30) days after the receipt of such reports and monitoring results. The permittee shall then have ten (10) working days to reply in writing to such notification. If mutual resolution of such discrepancy is not achieved, additional sampling shall be performed by the City employees. Samples may be split between the Permittee's laboratory or agent and the POTW's City's laboratory for analysis. Subd, &15: Wastewater Discharge Records. Wastewater discharge records of a permittee shall be kept by the permittee for a period of not less than three (3) years. The permittee shall provide the City reasonable access to these records during normal business hours. A permittee, subject to an applicable Pretreatment Standard, shall maintain all records required by Code of Federal Regulations, Title 40, Section 403.12 (n) ofthe General Pretreatment Regulations. Subd. 16: Monitoring Costs. All monitoring and sampling costs are the responsibility of the User. Section 42.1~: PRETREATMENT. Subd. I: Compliance with Standards. Where pretreatment, flow equalizing facilities or interceptors are provided for any water or wastes, they shall be effectively operated and maintained continuously in satisfactory and effective condition by the owner at hi-s,Lhethe owner's r expense, and shall be available for inspection by the City employees at all reasonable times, Industrial Users shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations. Industrial Users as required by their Industrial Discharge Permit shall submit to the City for review detailed plans showing the pretreatment facilities at least sixty (60) days prior to initiation of construction. The City shall approve the Industrial User's pretreatment plans if it appears that the proposed pretreatment facility is capable of meeting all applicable limitations. The City's review and approval shall in no way relieve the Industrial User from the responsibility of modifying the facility as necessary to produce an effluent complying with the provisions ofthese rules. Any subsequent modifications in the pretreatment facilities which will 42-28 CHAPTER IV - WATER & SEWER result in a substantial change in discharge shall be reported to be approvedfor approval by the City upon a determination that the modified facility is capable of meeting all applicable limitations, prior to the modification of the existing facility. Residual solids from a pretreatment facility shall not be disposed, directly or indirectly, into the SSS without prior written approval from the City. The disposal method shall be in accordance with local, State and Federal requirements. The City shall be notified in writing within ten (10) days ofthe substantial changes in such residual solids disposal procedures and/or characteristics. Subd. 2: Separator Trap Installations. Grease, oil and sand traps shall be provided for at the owner's expense for the proper dit;charge collection of waste containing excessive amounts of grease, oil, or sand. All trap installations shall be regularly cleaned and maintained for adequate performance. All records of separators and traps must be available for review by City Personnel. 'fhe distance between the inlet and outlet of the separator or trap must be sufficient to allow gravity separation of solids. To prevent overloading control baffles and any necessary inlet flow, control fitting shall be provided. Separators and traps shall be maintained in efficient operation condition by periodic removal of any accumulated solids. Floating materials shall be removed before the accumulation is within two inches of the outlet. Settled solids shall be removed before the solids reach 75% of the trap or separator capacity, Solids removed from a separator or trap, for subsequent sewer disposal. shall be transported and discharged by a permitted liquid waste hauler, Section 42.M-17: CONFIDENTIAL INFORMATION. Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction ofthe City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secretes of the user, When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to this ordinance, the NPDES Permit, State Disposal System Permit, Sewer Use Agreement and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the State or any State agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the City as confidential, shall not be transmitted to any governmental agency or to the general public by the City until and unless a ten (10) day notification is given to the user. 42-29 CHAPTER IV - WATER & SEWER Section 42.+&~: SEVERABILITY AND CONFLICTS. Subd. 1: Severability. If the provisions of any section, paragraph, or sentence of these rules shall for any reason be held to be unconstitutional or invalid by any court of competent jurisdiction, the provisions of the remaining sections, paragraphs and sentences shall nevertheless continue in full force and effect. Subd. 2: Conflicts. If conflicts arise between these rules, and rules previously adopted by the City, these rules, and the interpretations thereof, shall take precedence. Section 42.+719: ENFORCEMENT. Subd. 1: Remedies Available. The City may suspend the sewer system service and/or an Industrial Discharge Permit when such suspension is necessary, in the opinion ofthe City, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the enyironment, or te-the POTWSSS or WWTF, or would cause theCity to violate any condition of its NPDES of State Disposal System Permit. Any user notified of a suspension of the sewer system service and/or the Industrial Discharge Permit shall immediately stop the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the City shall take such steps as deemed necessary, including immediate severance ofthe sewer connection, to prevent or minimize damage to the POTW SSS or WWTF or endangerment to any individuals, The City shall reinstate the Industrial Discharge Permit and/or the sewer system service upon proof of the elimination of the non-complying discharge. fA detailed '-',''fitteR statemeRt submitted by the user describing the eauses of the slug or ae0idental discharge and the measures talc en to prevent any future occurrenee shall be submitted to the City 'Nithin five (5) 'Norking days of the date of ocourrence. Subd. 2: Revocation of Permit. In accordance with the procedures of this ordinance, the City may revoke the permit of any user which fails to factually report the wastewater constituents and characteristics of its discharge; which fails to report significant changes in wastewater constituents or characteristics; which refuses reasonable access to the user's premises for the purpose of inspection or monitoring; or for violation of conditions of its permit, this ordinance, or applicable State and Federal regulations. Subd.3: Notification of Violation. Whenever the City finds that any person has violated or is violating this ordinance, Industrial Discharge Permit, Phosphorus Management Plan or any prohibition, limitation or requirement contained herein, the City may serve upon such person a written notice stating the nature ofthe violation. Within ten (10) days ofthe date of the notice, a plan for the satisfactory correction thereof shall be submitted to the City by the user. Subd. 4: Show Cause Hearing. Any user receiving notice of suspension or revocation of a permit, or other penalties or sanctions authorized by this Ordinance, may request a hearing conducted in accordance with this subdivision to challenge the action and determine if the action is supported by the existing circumstances. 42-30 CHAPTER IV - WATER & SEWER a) Notice of Hearing. If the violation is not corrected by timely compliance, the City may order any use which causes or allows an unauthorized discharge to show cause before the City Council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the City Council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the City Council why the proposed enforcement action should not be taken. The notice ofthe hearing shall be served personally or by registered or certified mail (return receipt requested) at least fourteen (14) days before the hearing. Service may be made on any agent or officer or a corporation, b) Hearing Officials. The City Council may itself conduct the hearing and take the evidence, or may designate any of its members, administrative law judge, or any officer or employee of the (assigned department) to: 1. To issue in the name ofthe City notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings; 2. To take the evidence; and 3. To transmit a report ofthe evidence and hearing, including transcripts and other evidence, together with recommendations to the City Council for action thereon. c) Transcripts. At any hearing held pursuant to this ordinance, testimony taken must be under oath and recorded. The transcript, so recorded, will be made available to any member ofthe public or any party to the hearing upon payment of the usual charges therefor. d) Issuance of Orders. After the City Council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances are properly operated, Further orders and directives as are necessary and appropriate may be issued. Subd. 5: Legal Action. If any person discharges wastewater, industrial wastes or other wastes into the City's wastewater disposal system contrary to the provisions ofthis ordinance, Federal or State pretreatment requirements or any order of the City, the City Attorney may commence an action for appropriate legal and/or equitable relief, including but not limited to, monetary damages and injunctive relief. Section 42.+8-19: PENALTIES. 42-31 CHAPTER IV - WATER & SEWER Subd. 1: Administrative Fines. Notwithstanding any other Section of this Ordinance, any user who is found to have violated any provision of this ordinance, or permits and orders issued hereunder, shall be fined in an amount not to exceed $1,000 per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation, Such assessments may be added to the user's next scheduled sewer seryioe charge and the City .^...dministrator shall have such other collection remedies as he/she has to collect other seryice charges. Unpaid charges, fines, and penalties shall constitute a lien against the individual user's property. Industrial Users desiring to dispute such fines may request for the City Administrator to reconsider the fine within 10 days of being notified ofthe fine. Where the City Finance Director believes a request has merit, he/she shall convene a hearing on the matter within 30 days of receiving the request from the Industrial User. Subd.2: Criminal Penalties. Any person violating any ofthe provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $800, or by imprisonment for not to exceed ninety (90) days, or both, Subd.3: Costs. In addition to the other penalties provided herein, the City may recover engineering fees, court costs, court reporter's fees, attorney fees, and other expenses of litigation by an appropriate action against the person found to have violated this ordinance or the orders, rules, regulations, and permits issued hereunder. Subd.4: Costs of Damage. Any person violating any of the provisions of this ordinance shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation. The City may add to the user's charges and fees the costs assessed for any cleaning, repair or replacement work caused by the violation or discharge. Any refusal to pay the assessed costs shall constitute a violation of this ordinance. Subd. 5: Falsifying Information. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this ordinance, or Industrial Discharge Permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance, shall be guilty of a misdemeanor. Section 42.-1-921: PUBLICATION OF SIGNIFICANT VIOLATIONS. Subd. 1: Public notification will occur at least annually in a newspaper( s) of general circulation that provides meaningful public notice .within the jurisdiction( s) served bv the WWTF ofIndustrial Users the official daily newspaper published in the ml:Hlicipality in which the SSS is located all Industrial Users which, at any time during the previous twelve (12) months, were in significant violation of applicable Pretreatment Standards or Pretreatment Requirements. For the purpose of this provision, an Industrial User is in significant violation if its violations meet one or more of the following: a) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken during a six (6) month period exceed (by any magnitude) a numeric Pretreatment Standard or 42-32 CHAPTER IV - WATER & SEWER requirement, including instantaneous limits,the daily maximum limit or the average limit for the same pollutant parameter; b) Technical review criteria (TRC) violations, defined here as those in which thirty- three percent (33%) or more of all the measurements taken for the same pollutant parameter during a six (6) month period equal or exceed the product of a numeric Pretreatmcnt Standard or rCQuirement. including instantancous limits the daily average maximum limit or the average limit times the applicable TRC (TRC = 1.4 for CBOD, SS, fats, oil and grease and TRC = 1.2 for all other pollutants except pH); c) Any other violation of a pretreatment effluent limit (daily maximum or longer term average) instantancous limit or nalTative stardard) that the City belieyedetermines s-has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of City employees or the general public); d) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment and has resulted in the necessity for the City's City's to exercise ef-its emergency authority under 40 CFR 403.8 (F)(1 )(vii)(b) to halt or prevent such a discharge; e) Violation, by ninety (90) days or more after the schedule date, of a compliance schedule milestone contained in a local control mechanism or enforcement order, for starting construction, completing construction, or attaining final compliance; f) Failure to provide required reports such as baseline monitoring reports, periodic self-monitoring reports, and reports on compliance with compliance schedules, within thilty (30)fortv-five (45) days of the due date; g) Failure to accurately report noncompliance; or h) Any other violation or group of violations, which may include a violation of Best Management Practices. which the City determines will adversely affect the operation or implementation of the local Pretreatment Program. considers to be significant. Repealed and .^.mended 9/23/03 Repealed and f..mended 9/9/01 42-33 Council Agenda Item ~ crrv OF lot'T.J()$lWfl MEETING DATE: April 19, 2007 AGENDA ITEM: Outdoor Liquor Event, Sal's Bar SUBMITTED BY: Chief Jansky/Administrator Weyrens BOARD/COMMISSION/COMMITTEE RECOMMENDATION: is recommending approval of the Outdoor liquor event license. The Mayor Lunch Committee PREVIOUS COUNCIL ACTION: None, BACKGROUND INFORMATION: The City has been struggling for sometime on the event lmown as Senior Farewell (or in the past disorientation), The problems arise after the liquor license establishments close and the patrons gather in the street, particularly College A venue, The main concern is safety, During the Mayor's Lunch in December, Jansky suggested that we begin discussing moving the event off the street before someone is hurt. Weyrens suggested that since the area is in transition, the La Playette is no longer a student hang out and the future construction of the Millstream Shops and Lofts, this would be a good year to discuss changing the event. The Committee aclmowledges that the students will naturally gather after the bars close and a designated area needs to be determined to allow them to gather and say their good-byes, Last year the Police had to move the students from Sal' s to College Avenue, This year rather than moving the students from one area to another, it was suggested that an event be planned in Sal's parking lot. The students will already be their and the area is large enough where they will not spill into the street. College Representatives and the Student Senates have been working with Sal' s Bar to plan a safe event. The following page is a summary of the event they have planned. The event will include an outside, secured drinking area that will stop serving outside at midnight. At I :00 PM the College will provide pizza and pop to the students in an attempt to keep the students from finding their own activity, While the attached indicates the event may go until 2:30 AM, we are cautious not to advertise a "to/from" timeframe, as we want the crowd to disperse naturally. As you may recall, the recently amended Liquor Ordinance allows each license establishment to hold one event per license year past 9:30 PM, The Ordinance requires a public hearing and notification to the neighbors, Attached is the hearing notice that was published on April 13 and mailed to property owners within 350 feet. BUDGETIFISCAL IMPACT: None, ATTACHMENTS: I) Request for event; 2) Hearing Notice with map of affected Property owners, REQUESTED COUNCIL ACTION: Issue a Temporary Outside Liquor Permit to Sal' s Bar for an event to be held on May 11,2007 between the hours of9:00 PM and Midnight. C:\Documents and Settings\jweyrens\My Documents\Council Correspondence\2007 Request for Council Action\Sal's Outdoor Liquor Event.doc CITY Of ST. JOSEPH www.cityofstjoseph.com City of St.Joseph Public Hearing Administrdtor ludy Weyrens The St. Joseph City Council shall conduct a public hearing on Thursday, April 19, 2007 at 7:00 PM at the St. Joseph City Hall. The purpose of the hearing is hear all persons present upon the proposed outdoor event to be held at Sal's Bar on May 11, 2007. All persons wishing to be heard will be heard with oral testimony limited to 5 minutes. Written testimony may be submitted to the City Administrator, City of St. Joseph, PO Box 668, St. Joseph, MN 56374. MdYor Richdrd Cdflbom Judy Weyrens Administrator/Clerk Councilors Steve Frdnk AI Rdssier Renee Symdnietz Ddle Wick Publish: April 13, 2007 PO Box bb8 . Sdint. Joseph, Minnesotd )6)74 2.) College Avenue North' Phone ,2.0.,b,.72.01 FdX ,2.0.,b,.0,42. Sal"s Bar. Temporarty Outside Permit 4/16/2007 Name: 45 Parcels Selected Address: Pin: p L--., [ t Description: Council Agenda Item (p err\' OF S'C JO$ItJ'f1 MEETING DATE: April 19, 2007 AGENDA ITEM: Outdoor Liquor Event, Church of St. Joseph SUBMITTED BY: Chief Jansky/Administrator Weyrens BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: In 2006 the City issued a Temporary Outdoor Permit to the St. Joseph Church for a sesquicentennial event. Due to the success of the event the church is again requesting authorization BACKGROUND INFORMATION: As you may recall, the recently amended Liquor Ordinance allows each license establishment to hold one event per license year past 9:30 PM, The Ordinance requires a public hearing and notification to the neighbors. Attached is the hearing notice that was published on April 13 and mailed to property owners within 350 feet. Members of the Committee have been working with Jansky to assure that the security issues have been met. I have received a call from one of the residents that abuts the alley and they cannot make the meeting on Thursday evening, When the security fence was installed, it was placed on the east edge of the north/south alley, The resident has requested that the fence not block the alley as residents were walking around the fence in front of his windows all night and it was very disruptive, I will check on this matter before the meeting on Thursday evening, BUDGET/FISCAL IMP ACT: None, ATTACHMENTS: I) Request for event; 2) Hearing Notice with map of affected Property owners, REQUESTED COUNCIL ACTION: Issue a Temporary Outside Liquor Permit to St. Joseph's Church for an event to be held on July 3,2007 between the hours of7:00 PM and Midnight. C:\Docwnents and Settings\jweyrensIMy DocumentslCouncil Correspondence\2007 Request for Council ActionlSt. Joseph Parish Temp Permit.doc April 11, 2007 church of St. Joseph celebrating christ Through Pra'yer and Service 12 West Minnesota Street St. Joseph, MN 56;7+ ;20-;63-7505 www.churchs~o5eph.org St. Joseph City Council Members City of St. Joseph College Avenue St. Joseph, MN 56374 Dear City Council Members: Re: Noise mitigation plan for Parish Festival July 3, 2007 concert The St. Joseph Parish will again sponsor a free outdoor concert for the community on the evening of July 3 as part of our annual parish festival. The concert will feature Bobby Vee and his family along with two other bands, The concert will start at 7:00 pm and end at 12:00 midnight. There will be two intermissions during the concert between the band performances, We will use the first intermission to draw for the Harley raffle sponsored by our Lab School. The second intermission will be used for the fireworks display sponsored by the St. Joseph Chamber of Commerce and Jaycees, Along with the concert, the parish will offer concessions, bingo, and games for those who attend. We realize that an outdoor concert will have an impact on the local residents, especially those who live in close proximity to where the concert is held, To minimize any disruption oflocal resident's daily routine caused by the noise generated during the concert, the parish plans to do the following: 1, Position the stage and sound amplification equipment on the east side of the church's parking lot so the music is directed toward the church and church grounds, 2. Advise all residents living adjacent to the church parking lot of the concert, the time of the concert (7:00 pm to midnight), and that alternative lodging arrangements will be provided them if they choose not to attend the concert, Residents will be offered a room at a local motel at the parish's expense, The parish is working closely with the Chief of Police regarding security for the concert, The concert and festival grounds will be fenced and security officers will be at all entrances as well as patrolling the grounds, For any concerns during the concert, I will be the parish contact person. My cell phone number is 291-7097 and this number will also be given to Chief Jansky, On behalf of the concert committee and the entire parish of St. Joseph, I want to thank you for your help and support as we celebrate with the community during our parish festival. Sincerely, Richard Schwegel Concert Committee Chair Church of St. Joseph www.cityofstjoseph.com CITY OF ST. JOSEPH City of St. Joseph Public Hearing Administrdtor /udy Weyrens The St. Joseph City Council shall conduct a public hearing on Thursday, April 19, 2007 at 7:00 PM at the St. Joseph City Hall. The purpose of the hearing is hear all persons present upon the proposed outdooF event to be held at the Church of St. Joseph on July 3, 2007, MdYor R.ichdrd Cdrlbom All persons wishing to be heard will be heard with oral testimony limited to 5 minutes. Written testimony may be submitted to the City Administrator, City of St. Joseph, PO Box 668, St. Joseph, MN 56374. Councilors Steve Frdnk AI Rdssier Renee Symdnietz Ddle Wick Judy Weyrens Administrator/Clerk Publish: April 13, 2007 2.) College Avenue North' PO Box 668 . Sdint. /oseph, Minnesotd )6174 Phone ,2.0.,6,.72.01 FdX ,2.0,6,.0142. Church of St. Joseph - Temporary Outdoor Permit 4/16/2007 Name: 69 Parcels Selected Address: Pin: WJJL Description: Council Agenda Item f/ em (WS'f.J()$fWH MEETING DATE: April 19, 2007 AGENDA ITEM: PreliminaryIFinal Plat - La Playette SUBMITTED BY: Administrator Weyrens BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission conducted a public hearing on April 2, 2007 for the Preliminary Plat entitled La Playette, The Planning Commission recommended the Council approve the Preliminary and Final Plat with the following contingencies: I) The Parking Lot is brought to conformance with the current parking lot standards to include delineation, hard surface and striping, A revised parking plan must be submitted clearly marking all parking spaces, The Office space listed on the plat is for the use of T eli's Pizza and if the space is to be leased the property owner must meet the parking requirements at the time of leasing. The parking spaces for Teli's Pizza will be marked with signage Submittal of all necessary documents to include the common wall and parking Submittal of a utility plan indicating the new sewer service. 2) 3) 4) 5) (Please see draft minutes to follow) PREVIOUS COUNCIL ACTION: None, BACKGROUND INFORMATION: Please see the Planning Commission request for action as it describes.the background information, As staff we have also discussed this project and the discussion about the parking, The property in question is located in the Central Business District and we all know that in no matter what City you go to parking in the CBD is difficult. This is true primarily because the area is built out and business change, As staff we try to work with the developers to provide as much parking as possible without creating vacant buildings downtown. In the case of the La Playette, Zimmer could have continued the banquet and food business serving up to 300 and parking would not have been discussed. The use proposed by Zimmer is a reduction in density creating less parking. The Ordinance allows the City Council and Planning Commission to determine the amount of parking in the CBD, In the past the City has required that any mixed development in the CBD provide parking for the residential area and they are then relieved from the strict compliance of the parking for the commercial piece. Since the Planning Commission meeting Zimmer has provided the City with the common wall agreement and parking agreement, both of which will be forwarded to the Attorney for review before the Council meeting. In addition Zimmer has been working with Dick Taufen and they have determined a solution for the second sewer service. Zimmer will be required to upgrade the parking lot to meet the current Ordinance as requested by the Planning Commission. As I have stated in previous action requests, the Planning Commission has waived the right to review final plats if they are consistent with the Preliminary Plat. The Final Plat submitted is consistent and staff is recommending approval. The current policy only allows matters unanimously approved by the Planning Commission to be placed on the consent agenda. Since the Planning Commission did not approve the matter unanimously, a separate agenda item has been assigned. BUDGETIFISCAL IMPACT: Not applicable ATTACHMENTS: I) Planning Commission materials, 2) Hearing Notice 3) Plat documents - Common Wall; Parking REQUESTED COUNCIL ACTION: Accept the recommendation of the Planning Commission and approve the preliminary and final plat with the contingencies. Planning Commission Agenda Item crrv OOS'I:JOiIU'H MEETING DATE: April 2, 2007 AGENDA ITEM: Public Hearing, Preliminary Plat Mark Zimmer, La Playette SUBMITTED BY: Mark Zimmer PREVIOUS PLANNING COMMISSION ACTION: None, BACKGROUND INFORMATION: Mark Zimmer has approached the City to sell a portion of the existing La Playette. In discussing his intentions, the only way to authorize such is through a platting as a CIC or plat with a common wall agreement. Therefore, Mark has provided the City with a preliminary plat which indicates two parcels, Lot One Block One La Playette Addition will consist of 10,909 square feet and Lot Two Block One will consist of 3,245 square feet. Lot One Block One includes the parking area and the La Playette Bar and Lot Two will consist of a new business entitled Teli' s Pizza, One of the issues regarding the proposed plat is parking. I have researched the minutes, both Planning Commission and CitY Council, looking for all references to the La Playette. I have not found any references that required the La Playette to lease parking from the Church, This is a summary of past actions: 1984 - The Planning Commission and Council agreed to the addition to the La, but required a minimum of 15 parking spaces paved and marked. 1987 - The Planning Commission and Council authorized the conversion of the white.house to the rental the license with the provision that three parking spaces be added. Therefore the only requirement for parking is 18 spaces, In your packet a parking plan has been submitted and only 15 spaces are indicated. Based on the above, the site is three spaces short, Talking to Mark Zimmer about the parking, he has indicated that the density will be reduced from the existing facility. In the information that has been submitted by Teli's, you can see the detail as to how the density is being decreased. The area being purchased by Teli's was used for wedding receptions, so there will be a distinct decrease in density. In discussing this matter with Tom Jovanovich, the La Playette was not required by the City to provide parking other than the 18 spaces listed above. While people recall an agreement with the Church, there is no written documentation. If the request before the Commission included an expansion of the floor space, the parking requirements would then be applicable, But clearly Zimmer is reducing the density of the property utilizing less parking. This opinion is a result ofthe language under non-conforming property and the parking requirements. The preliminary plat must include the parking area as common space so that Teli's will have parking. This part will be managed through the development ofa common interest community document. This document will be included with the Final Plat. If the facility were constructed today, the following parking would be required: LA PLA YETTE Private Clubs servingfood and/or drinks, bars, taverns and nightclub - One spacefor each 50 squarefeet of gross floor area, Floor Area - 4,981 resulting in 100 parking spaces TELl's PIZZA Restaurants/Cafes - One space for each four seats plus one for each employee on the maximum shift. Seating capacity - 30, employees - 2; resulting in 9 parking spaces The property owner will be required to bring the parking lot into conformance with the standards, Therefore the area must be paved, striped and the perimeter must be delineated and 18 parking spaces must be provided, A second issue is that of separate water and sewer connections. The Ordinance requires that all buildings have separate water and sewer connections, At one time combined lines were permitted. However, over time it was realized that sharing of sewer lines in particular does not always work. Most of the issues resolve when the sewer backups and the line needs repair. It usually ends up a dispute as to who has to pay for the repairs and why did the City allow the connection. In the case of the La Playette, separate water connections are available, but the sewer is a joint line. The staff has identified two possibilities for extension. As of the time of writing this memo, the property owner is only aware of the one option and had indicated that economically it would not work to separate the sewer. The second alternative has just been reviewed and is a less expensive option, which we will present to the property owner on Monday (he is out of town), ATTACHMENTS: I) Hearing Notice; 2) Preliminary Plat; 3) Parking Plan; 4) Interrior layout; 5) Narrative from Teli's; 6) Minutes of past actions; 7) Resolution of Finding REQUESTED PLANNING COMMISSION ACTION: Recommend the Council approve the Preliminary Plat and Final Plat contingent upon the following: I. Submittal of the CIC Documents 2, Submittal ofthe Final Plat 3. Final Parking Plan indicating 18 parking spaces 4, Utility plan indicating separate utility connections Administrdtor Judy Weyrens MdYor Richdrd Cdflbom Councilors Steve Ffdnk AI Rdssier Renee Symdnietz Ddle Wick CITY Of ST. JOSEPH www.cityofstjoseph.com City of St. Joseph Public Hearing The Planning Commission for the City of 51. Joseph shall conduct a public hearing on Monday, April 2 at 7:00 p,m. in the 51. Joseph City Hall. The purpose of the hearing is to consider a preliminary plat for La Playette. The proposed plat is located North of Minnesota Street and East of College Avenue and contains 2 lots to be used for commercial use, The property is legally described as: Lots Four (4) and Five (5) of Block Ten (10) in the Townsite (now Village) of St. Joseph, according to the plat and survey thereof on file and of record in the office of the County Recorder in and for Stearns County, Minnesota. LESS AND EXCEPT the following described parcels: Beginning at a point at the Northwesterly corner of said Lot 4; thence Easterly along the Northerly line of Lot 4, a distance of 60 feet; thence Southeasterly parallel with the Westerly line of Lot 4, a distance of 40 feet; thence Southwesterly parallel with the Northerly line of Lot 4, a distance of 60 feet; thence Northwesterly along the Westerly Lot line of Lot 4 to the point of beginning, and ALSO that part which lies Southeasterly of the following described line: Commencing at the Southwest corner of said Lot 4; thence North 15 degrees 28 minutes 13 seconds West, assumed bearing, on the Southwesterly line of said Lot 4, a distance of 58.81 feet to the point of beginning of the line to be described; thence North 74 degrees 37 minutes 40 seconds East 60.00 feet; thence North 15 degrees 22 minutes 20 seconds West 7.60 feet; thence North 74 degrees 37 minutes 40 seconds East to the East line of said Lot 5 and said described line there terminating. The proposed plat has been submitted by Mark Zimmer, 16 College Avenue N, 51. Joseph, MN 56374. Judy Weyrens Administrator Note: State Law requires mailed notice to all property owners within 350 feet of a variance, special use, interim use or rezoning request. Publish: March 23, 2007 ~\ tn \ .J.. Project Location 2.~ College Avenue North' PO Box 668 . Sdint. Joseph, Minnesotd ~6,74 Phone ,2.0.,6,.72.01 FdX )2.0.,6,.0,42. r;.) IE ILII'S ., ~' - City of St. Jos~ph 25 College Avenue North PO Box 668 St. Joseph MN 56374 Presentation for the Public Meeting Presented By: Brad Neugart 1409 Third Street North Cold Spring, MN 56320 (320) 493-'2830 bn@warpdriveonline.com Name of Business: Teli's Location: 19 College Avenue North St. Joseph, MN (Legal description, addressing, and survey pending) o VISION Create a synergy between similar and supporting uses. Open and craft a quality landmark restaurant, with strong identity and image that enhances community enjoyment. Support existing land use, promote higher quality development, and protect existing and contemplated investments. We are pleased to have the opportunity to expand our successful restaurant operation into St. Joseph. We have been diligently searching for an opportunity outside our core market area. DEAL SUMMARY Current Conditions: LaPlayette. Full Service restaurant and bar. Proposed Use: Demised space (approximately 1/3 of existing) into a predominately carry out and delivery restaurant, with a single office bay. Total square footage of =t2,934. Approximately 750 square feet of the total space will be dedicated for separate office use (please refer to conceptual drawing). Preliminary Concept: Please see conceptual drawing. Comments: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. No conflicting uses. Dramatic reduction of parking use / needs. Appropriate development along major corridor. Avoids 'cut and slash' approach to re-development. Minimizes impact on neighborhood. Offers office space for professional use. Proposed re-use is aesthetically pleasing. New job creation. Potential for additional property tax revenue. Located in Central Business District. Minimal infrastructure issues. Maximizes existing infrastructure. Maintain or enhance community image. Maintain or enhance existing property values. Project is financially feasible. 1 Comments Continued: 15. 16. 17. 18. 19. 20. 21. Maintains pedestrian friendly environment. Zero public funds requested (TIF, tax abatement, etc.) Simplified storefront - compatible scale, roofline, masonry, and proportions. Excellent social value - appeals to all ages, groups, educations level, and income. Existing roadways readily accommodate traffic. Supports ongoing revitalization efforts. Efficient transition of use. Weare targeting June 2007 for a grand opening, and making efforts to navigate the entitlement efforts to accommodate a build-out / remodel within that time frame. GENERAL We believe that community involvement and excellent interpersonal interaction are the two keys for initial and continued success for all business efforts. We will utilize efforts to generate a positive, inviting image for Teli's, and to build strong community ties on a personal level. Our primary goal will be to maintain the atmosphere and experience of casual, friendly, hometown dining. Our efforts will primarily focus on the carry out and delivery side of the business, while providing excellent food and service in maintaining the ideals of our historical operations. The Teli's theme is based around the ongoing popularity of pizza at our flagship store in Cold Spring. We will continue to offer an assortment of secondary menu options including sandwiches, salads, a full grill menu, and a children's menu to offer variety to various tastes and preferences, while maintaining excellent value, friendly customer service, and consistent food. 2 La Playette Addition Specifications Square Foowe . Total Area of Land & Building (Lot 1 & Lot 2) · Total Area Lot 1 · Total Area Lot 2 . Total Building Area Lot 1 . Total Building Area Lot 2 14,254 Square Feet 10,909 Square Feet 3,245 Square Feet 4,981 Square Feet 2,937 Square Feet Existine: Use La Playette Bar & Restaurant . Used for receptions, brunches, lunches & banquets, Proposed Use . Lot 1 - Bar with Light Food . Lot 2 - Restaurant Dine-In & Take-Out Capacity . Existing Bar & Restaurant 270 . Proposed Lot 1 - Bar 100-125 . Proposed Lot 2 - Restaurant 20-25 Proposal . Split Existing Building By Installing Firewall With A Common Wall Agreement .Without Adding Square Footage To Building. . Gas & Electric Will Be Separated . Water & Sewer Will Have Separate Easement Agreement DECLARATION OF PARTY WALL THIS DECLARATION OF PARTY WALL (the "Declaration") made this day of April, 2007, by MARK M. ZIMMER and MARGARET C. ZIMMER, husband and wife (collectively the "Declarant"), RECITALS The Declarant recites and declares that: A. The Declarant is the owner of Lot One, Block One, LAPLA YETTE ADDITION, according to the plat and survey thereof on file and of record in the Stearns County Recorder's Office ("Lot One"). B. The Declarant is the owner of Lot Two, Block One, LAPLA YETTE ADDITION, according to the plat and survey thereof on file and of record in the Stearns County Recorder's Office ("Lot Two"). C. There are existing buildings located on Lot One and Lot Two. D, The Declarant desires that the wall which exists or shall be constructed by the Declarant to be located on approximately four inches (4") on each side of the common boundary of Lot One and Lot Two, including the portion of the wall located inside or outside any portion of the building, shall be a party wall (the "Party Wall"). E. The Declarant wishes to set forth the rights and obligations regarding the Party Wall to maintain the integrity of the buildings located on Lot One and Lot Two, NOW, THEREFORE, in consideration of the facts set forth in the above recitals which the Declarant agrees are true and correct, which recitals are incorporated herein by this reference, the Declarant hereby declares that Lot One and Lot Two shall be forever occupied, held, sold and conveyed subject to and together with the covenants and restrictions described herein, which covenants and restrictions shall run with Lot One and Lot Two as appurtenant thereto and shall be binding upon and inureto the benefit of all parties having any right, title or interest in Lot One and Lot Two, including, without limitation, the respective owners of Lot One and Lot Two and their heirs, administrators, legal representatives, successors, devisees and assigns. 1, Declaration of Party Wall. The above described Party Wall shall constitute a Party Wall and the owners of Lot One and Lot Two and their successors and assigns shall have the right to use the Party Wall jointly, 2, Repair and Rebuilding, Should the Party Wall at any time be injured by any cause other than the act or omission of the owners of Lot One and Lot Two, then the Party Wall shall be repaired or rebuilt at the joint expense of the owners of Lot One and Lot Two, provided that any sum received from insurance against such injury or destruction shall be first applied to the repair or restoration of the Party Wall. Should the Party Wall be injured by the act or omission of either party, the Party Wall shall be repaired or rebuilt at that party's expense, Any owner who engages in construction orrepair work as described in this Declaration shall have the right after providing prior written notice not less than thirty (30) days in advance to enter onto the property of the other to the extent that it may be reasonably necessary in connection with that . work. When entering onto the property of the other owner, the oWner shall take and observe due precaution and care to protect the property of the other owner and shall be obligated to pay the other owner for any damage to their property. 3. Duration and Effect of Declaration. This Declaration shall be perpetual and the covenants in this Declaration shall run with both Lot One and Lot Two. The creation of rights to a Party Wall being the sole purpose ofthis Declaration. 4. Maintenance of Building. The owners of Lot One and Lot Two each own the building located on their respective lots, Each party agrees to maintain the building and to keep it in good repair, The parties acknowledge that should either of the parties fail to maintain the building that it may effect the other party's use and enjoyment of their building and the Party Wall. 5. Use of Party Wall. Each owner shall have the right to use of the Party Wall for the insertion or attachment of beams and other structural or finishing materials, or in any other lawful manner as a Party Wall for the benefit and support of any building now or subsequently constructed on the owner's property, However, such use shall not in any way injure or impair any adjoining building or the property of the other owner, and shall not impair the Party Wall bene:fits and support to which the adjoining building is entitled, unless the other owner consents in advance in writing to that use. 6. Openings in Wall. No owner shall make or provide openings in the Party Wall of any nature whatsoever without the prior written consent of the other owner, 5, Severability and Construction. A. If, during the term of this Declaration, any provision of the Declaration is held to be illegal, invalid or unenforceable under current or future laws: (1) Such provision shall be fully severable; (2) This Declaration shall be construed and enforced as if such illegal, invalid or unenforceable provision had never constituted a part hereof; and 2 (3) The remaining provisions of this Declaration shall remain in full force and effect and shall nbt be affected by the illegal, invalid or unenforceable provision or by its severance, B, Except as otherwise expressly provided herein, nothing in this Declaration is intended, nor shall anything herein be deemed, to confer upon any person or legal entity other than the present and future owners of Lot One and Lot Two and their respective successors and assigns, any rights or remedies under or by reason of this Declaration, C, All captions in this Declaration are intended solely for the convenience of the parties and do not affect the meaning or construction of a provision, D. If this Declaration is executed in multiple counterparts, each executed copy shall be deemed an original. E. This Declaration takes effect upon execution by the Declarant in the State of Minnesota and shall be interpreted and construed under the laws thereof. F, No right or remedy conferred upon or reserved to the owners of Lot One or Lot Two by this Declaration is intended to be, nor shall be deemed, exclusive of any other right or remedy herein or by law or equity provided or permitted, but each shall be cumulative to the other right or remedy. G, Nothing contained in this Declaration shall bar the owners of Lot One or Lot Two from the right to obtain injunctive relief against threatened conduct that will cause, it loss or damages, under the usual equity rules, including the applicable rules of obtaining restraining orders and preliminary injunctions. H. This Declaration may not be amended except by a Declaration, in writing, signed by all of the owners of Lot One and Lot Two, IN WITNESS WHEREOF, the Declarant has executed this Declaration as of the date herein above set forth. DECLARANT Mark M. Zimmer Margaret C, Zimmer 3 STATE OF MINNESOTA ) ) ss, COUNTY OF ) On this _ day of April, 2007, before me, a Notary Public within and for said County, personally appeared Mark M, Zimmer, to me known to be the same person described in and who executed the foregoing instrument and acknowledged that he, Mark M, Zimmer, executed the same as his free act and deed, Notary Public. STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this _ day of April, 2007, before me, a Notary Public within and for said County, personally appeared Margaret C. Zimmer, to me known to be the same person described in and who executed the foregoing instrument and acknowledged that she, Margaret C. Zimmer, executed the same as his/her free act and deed. Notary Public THIS INSTRUMENT WAS DRAFTED BY: David T. Shay - #208164 SHAY LAW OFFICE, LTD, 28 Ninth Avenue North St, Cloud, MN 56303 (320) 251-1007 f: \f1les\2200- 2299\12260\DecPartyWall 4 DECLARATION OF ACCESS AND PARKING EASEMENT THIS DECLARATION OF ACCESS AND PARKING EASEMENT (the "Declaration") made this _ day of April, 2007, by MARK M. ZIMMER and MARGARET C. ZIMMER, husband and wife (collectively the "Declarant"). RECITALS The Declarant recites and declares that: A. The Declarant is the owner of Lot One, Block One, LAPLA YETTE ADDITION, according to the plat and survey thereof on file and of record in the Stearns County Recorder's Office ("Lot One"). B. The Declarant is the owner of Lot Two, Block One, LAPLA YETTE ADDITION, according to the plat and survey thereof on file and of record in the Stearns County Recorder's Office ("Lot Two"). C. There are existing buildings located on Lot One and Lot Two, D. The Declarant wishes to set forth the rights and obligations regarding the access and parking rights to be created on Lot One for the benefit of Lot Two. NOW, THEREFORE, in consideration of the facts set forth in the above recitals which the Declarant agrees are true and correct, which recitals are incorporated herein by this reference, the Declarant hereby declares that Lot One and Lot Two shall be forever occupied, held, sold and conveyed subject to and together with the covenants and restrictions described herein, which covenants and restrictions shall run with Lot One and Lot Two as appurtenant thereto and shall be binding upon and inure to the benefit of all parties having any right, title or interest in Lot One and Lot Two, including, without limitation, the respective owners of Lot One and Lot Two and their heirs, administrators, legal representatives, successors, devisees and assigns, 1. Declaration of Access Easement. The Declarant hereby creates an access easement over the easterly feet of Lot One for the benefit of Lot Two ("Access Easement Area"). Use of the Access Easement Area shall be nonexclusive and for the benefit of the owner of Lot Two, its successors, grantees, mortgagees, tenants, employees, customers, visitors, licensees and invitees, to provide access to and from Lot Two from the alley adj acent to the northerly boundary of Lot One. The Declarant reserves the right to relocate the Access Easement Area in the future in the event the Declarant wishes to change the design or development of Lot One, provided such relocation does not materially impair the access rights to (3) The remaining provisions of this Declaration shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance. B. Except as otherwise expressly provided herein, nothing in this Declaration is intended, nor shall anything herein he deemed, to confer upon any person or legal entity other than the present and future owners of Lot One and Lot Two and their respective successors and assigns, any rights or remedies under or by reason of this Declaration. C. All captions in this Declaration are intended solely for the convenience of the parties and do not affect the meaning or construction of a provision. D. If this Declaration is executed in multiple counterparts, each executed copy shall be deemed an original. E, This Declaration takes effect upon execution by the Declarant in the State of Minnesota and shall be interpreted and construed under the laws thereof, F, No right or remedy conferred upon or reserved to the owners of Lot One or Lot Two by this Declaration is intended to be, nor shall be deemed, exclusive of any other right or remedy herein or by law or equity provided or permitted, but each shall be cumulative to the other right or remedy. Q, Nothing contained in this Declaration shall bar the owners of Lot One or Lot Two from the right to obtain injunctive relief against threatened conduct that will cause, it loss or damages, under the usual equity rules, including the applicable rules of obtaining restraining orders and preliminary injunctions. H. With the exception of the reservation of rights by the owner of Lot One to relocate the Access Easement Area and Parking Easement Area, this Declaration may not be otherwise amended except by a Declaration, in writing, signed by all of the owners of Lot One and Lot Two. IN WITNESS WHEREOF, the Declarant has executed this Declaration as of the date herein above set forth. DECLARANT Mark M. Zimmer Margaret C. Zimmer 3 STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this _ day of April, 2007, before me, a Notary Public within and for said County, personally appeared Mark M. Zimmer, to me known to be the same person described in and who executed the foregoing instrument and acknowledged that he, Mark M. Zimmer, executed the same as his free act and deed, Notary Public STATE OF MINNESOTA ). ) ss. COUNTY OF ) On this day of April, 2007, before me, a Notary Public within and for said County, personally appeared Margaret C. Zimmer, to me known to be the same person described in and who executed the foregoing instrument and acknowledged that she, Margaret C, Zimmer, executed the same as his/her free act and deed, Notary Public THIS INSTRUMENT WAS DRAFTED BY: David T. Shay - #208164 SHAY LAW OFFICE, LTD, 28 Ninth Avenue North St. Cloud, MN 56303 (320) 251-1007 f:\files\2200-2299\12260\DecAccessParkEasement 4 Judy Weyrens From: Sent: To: Cc: Subject: Thomas G, Jovanovich [T Jovanovich@rajhan,com] Tuesday, April 17, 2007 11 :07 AM Judy Weyrens Brenda A, Wolbeck FW: La Playette Easements Attachments: Access and Parking EasemenUif Access and Parking Easement.ti... Judy, I have reviewed the Declaration and Access to Parking Agreement from Attorney David Shay, It appears to protect the City's need to have 3 additional parking spaces for the owners of lot one. If you have any questions please advise. Tom Jovanovich Rajkowski Hansmeier Ltd. 320-251-1055 tjovanovich@rajhan.com This is a transmission from Rajkowski Hansmeier Ltd. and may contain information which is privileged, confidential, and protected by the attorney-client or attorney work product privileges. If you are not the addressee, note that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you have received this transmission in error, please destroy it and notify my office immediately at our telephone number (320) 251-1055. -----Original Message----- From: Judy Weyrens [mailto:jweyrens@cityofstjoseph.com] Sent: Tuesday, April 17, 2007 2:06 AM To: Thomas G. Jovanovich Cc: Brenda A. Wolbeck Subject: La Playette Easements Good Morning Tom - Please find attached the document provided by David Shay for the La Playette Plat. The Planning Commission required that the plat include a parking agreement document the provided in perpetuity parking rights to the portion of the property he is selling to Brad Neugart. Shay did not want to do a CIC and stated that the same could be accomplished with a parking easement. This matter is on the agenda for Thursday evening, could someone review this before then and get back to me. Thanks Judy 1 - .- ~ .- ......... co 1=:. Z '0 <.!)z _ t'" >- cn~e= --ltOC::: --ll-'<:( ~~u >Ow G.~ 0 ""';""5 >< <.!) - . <f ('i) r-......:Jw -. L.L. ..-J ('i)5U 5wC::: ~zu ~ .1II..".p -=_. I-I .I . .' ,~~ ~'. """"-.1 ) ~ .~:sIJ\' ~ffi . .....~.> Ii~ .~.:M ."'Sj'! ~ ".1. .:!..I..Il......J.................~........ 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'lJl 1>", ~.;g "lJl ~ ,. ~ i" N 3' ~ o , <> il' .a i p !Of 3 ~ " c ~ , ~ a , ~ ~ !l. " o 0- 6' . ,g' ~ i [ ~ ~ ~ [ fl! ~ o ~ ~ ..... ~ ->. ~ ze' ~'.." ..'.....'...... -j /. I ... 11 r () () IU \j r )> z I , I I I I ___1__.::_____ ZQ m\} 2.::! :2Q -Z Z)> IJr Q 2. Z rm C2. ;r-J>. \ IJ ,- I \ jQ Q ,I \. :;,' , II " " '-..oJ w 15'-l" Ib'-b" Ii () ~D (j) Z m 2. 11 fil :>- {. r (j) ~D z <P \} IUD' ~, (j) ~ () ?U I~D rarr ~~5A1 'QjQzr :>-=nIJQ Z""Ul\l mrz)> jQQ7\i1! C\ L )> ~D IUc--------------, I :t:z , I Qm I I Q 2. , : IJ : t..______________J 7\ =i~ C'I >< I- m Z 11m jQX 111- m~ N- ~~ fl \1m Q~ QUI r-l m- jQ~ Ulm -IX Q- /QUI )>::! (j'IZ m(j'l 11 IJm Q?s Q~ ;U _ G> 0 COMM NO oroT~rs " PROPOSED 6lJLDING R8'K)VATlON for )> (J) DATE 00-1')-:2007 III 1: TELl'S PIZZA l:!t^I'>W K"""", M CIon I ~ fTl 16 NORTH COLLEGE A VENUE _aG f'1 -j f'1 -l ST. JOSEPH. M,,"=SOT A l/J 0 11 In ~ Of Z -I ~ m r -" rn ~ < ..... )> ~ -I - () Z ~ ~ rn ij) -I '---- UlI:JlI.! :r m) )> ]. r h; \ jQ m m X X iji iji -I -j Z Z G\ G\ I:Jl ~ t! Z \I IJ 1'\ Q 2. -ll>~ ~2. lJIJ mQ CQ ~jQ -j ZQ 2?C>Z QJ\} _zQJ L-I 'rnL 2:0 2 x UI ;2;~ Ziji~ Q,Y G\-jz Qr z)> 2 (j'I(j\ t11 ) ~~ -:r ~Q -< mrn )>:J> 2\} ~Q ZjQ (j\-j o z Q 11 C\fii f:>- ::!:>- r)>- rnr iiir ~:r IJ~ I1z jQi11 QIJ :rUl :ZG\ )>Z r , KEENAN AllCHlTJ!CTfJRAL rJRfJlJP 46.Nor#i 2a1li AYI\l'\I.IA FAX~2O-1~914 Sf, tM 56303 PH 'S 21 s: - z z m (f) o -f )> (f) -f ;0 m m -f ~ @o !i qj ~ 1!1/:{J 0f4 nj~ J>: r- .:>\ ~ Uz J:r>7 iff!;? I ~ 3rlN;JAY 393il0? COLLEGE AVENUE @o -I~ fi1qj :{i~ OZ'LO~ 3 ,,0,8 ~ ~ I ~~~8'9S M .r~'8zas~~ N~~~ f)~Il>=.=. f1(x ':: "\ ~ + + + + + + + ?+l+ l' +z.+ + + ,+: + + + ~ K^'XX'X~XXXXX~vXl. ~/ XX'X^ ~ = ++++++++++:: X)('X^ n :XXXX +++++++++~kX xxxx:x~ xxx)<x :<<<<<<<<<4 N hVx~~ ~ x V y VJ ~~'" "- + + + + + + + + + t .X.--X..X.--X--X--X.x .x. X X x:., .. 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H H H ~)( y)( y , 00'0' 3 U BZOGt S ."- ++ + XXXXXX'" >< (Jl ---J +++++++ XXXXX ~~ ~ ~~ :--J~ ~ ~ >>>>>>:+ '" / v x X X ~ ~ ~(j) i-,', LN lO + + + + + + ~+ ~ >~__"" ~~~'"lli'::<::~:*:J )>"\l -.._____ !J! ~~~ .. + .... + + .. -n)> _"'_.. v +""""'- 4- + + + I\J ;JAil ---::r:-----____ ~ ~ .. (J1 m ;;0 --------._ l ~ )> ^ ---------L--~----L-f_ ~ ~ OO'Ot ~ :~. ~ ,,-f ..m .,\) .- )> Z CJ C s: 1J (/) -I m ;:;0 (f) N 07 09'50, 7 6.88 j W 733.09 .:::: .........-- --...----... ~... ...........- a -rJ I )> Ul UI J: lTl I ~ fTI fTI --I fl1 --I Ul -'- -......-.._-~ ......- -----..~------- PROPOSED BUILDING RENOVA llON for LA PLA YETTE BAR & RESTAURAN 16 NORTH COLLEGE AVENUE ST. JOSEPH, Mf'.lllESOT A ca.td. 1/0;0709 Ld'LAY DAle 03-2&-'2007 CAAIW I(o<<lQ1 00M KEENAN A1lCHITECTURAL G1l0lJP 46 North 261h Avenue FAX 320-240-6914 S1. tJN 56303 PH ~ 55-5 RIOWIONiI - co )> r r VJ ~ ---J .::. -J>. -J>. co 9 I~ I~ j VJ 0::> ~'..J <0 o,f:] : Gen- Q) ~' ~ I~ m ~ C/) -I - Z G) )> r r m -< Minutes of st. Joseph PlanningCowmission November 6, 1984 f1embers present: S. Ka.thleen Kalinowski, !tub Klein, Tom Nahan, :Ben Kremer, Phil Durkee others present: flIike Husen, Roman Rebe:r, Jllark Rt~@#.~>>j Rudy Zimmer, Neld.a Lampher, Gerry Drews The meeting was called to order at 7:30 p.m. * I"1ark 2atniiiir,3:i submi Had a preliminary s1 te plan for an expansion of La PIayette. The addition of a.loun.ge and kitchen area eq.uals 2520 square feet. A small pa:rking area is planned. S. Kathleen moved that the Commission recommend approval of the expansion with a minimum. of 15 parking spaces. '1'he parking ia aspha.l t and will be stripped. The motion was ~econded and passed unanimously. Nelda Lampher and Gerry Davis inquired about a variance" for constructing a la.rge accessory building on their property on 2nd Ave. S.E. between Minnesota Ave. and Able st. (formerly Jost property). The proposed new accessory building with the present garage would exceed the maximum allowed area for accessory buildings, viz, 800 sqaure. feet. No valid grounds for granting a variance could be determined by the Commission. ~rike Husen announced to the Commission that no longgrnge traffio flow plan for "the area surrounding St. Joseph had yet been approved by the 'l'o"tnship. He reoommended that the Planning Commission study the long-range plan for Co. 75 and make reoommendations to the COU11cil concerning ingresses to 60. 75 within the City limits and nearby area. Meeting was adjourned at 9:05 p.m. Respectfully submitted, P~b~ Phillip Durkee Minutes of St. Joseph Planning Commission August 10, 1987 . Members present: Hub Klein, Tom Nahan, Ben Kremer, Phil Durkee, S. Kathleen Kalinowski. Others present: Rachel Stapleton (city clerk), Ross Rieke (council laison), Louis Waltz, A.J. Schindle, Idelia Loso, Rose Mayer. Ben called a public hearing to order to consider a petition presented by Louis Waltz on behalf of Mike Scherer of Scherer Trucking. The petition requested rezoning of a parcel of property adjacent to the Trucking Company property from R-1 to Industrial in order to allow reconstruction of a truck garage and maintenance bUilding. Among the difficulties in rezoning for the intended use, it was pointed out that a 60-ft buffer between Industrial zone buildings and a residential zone is required. Also, the City Comprehensive Plan indicates that Industrial expansion should take place north of Co. 75. Phil moved to recomnuimd to the Council denial of the petition for rezoning, recognizing that other options for expansion exist with the current industrially-zoned property owned by Scherer. The motion was seconded and passed unanimously. The hearing was closed,. ~ Ben called to order another public hearing to hear a request for a special use permit submitted by Mark z.i~~~ Mark asked for a special ,use permit to allow a house previously used for business offices and located adjacent to the La Playette at 20 College Ave. N. to be used for rental residential purposes. By changing the site of the present La Playette dumpster, parking for residents could be provided. The parking shortage around La Playe't'te would no't be allevia'ted however. S. Kathleen moved to recommend to the City Council approval of the special use permit. The motion was second- ed and passed unanimously. The hearing was adjorned. Respectfully submitted, p lvv~ P:~ f)AAlk- Philli~1mrkee Minutes of the l-St, >j0I3~f1h F'lannin~ t~ommif.wion May 1, 1989 MEMBERS PRESENT: Chairman Ben Kremer; Tom Nahan, Sr. Kathleen Kalinowski. Art Budde, Mike Roach, Hub Klein, Judy Weyrens, Deputy Clerk. OTHERS PRESENT: Ross Rieke, Council liason. Elaine Ohman, Cindy Lindbloom, Daryl Lindbloom, Bill Elfering, Doug Inselman, Duane Ohman, Donald Hansen, Lawrence Rennie, Marie Rennie. Jim Krebsbach, Bob Krebsbach, Steve Dehler, Claude Menzhuber, Dale Schneider, Mike Deutz, 'Ted Klein, Mark Zimmer TED .KLEIN VARIANCE HEARING: Ted Klein appeared. before the Planning Coinmission to request nineteen (19) feet variance on the front yard and a six (6) feet side yard variance to allow for the construction of a dwelling unit at 318 Old Hwy 52; Lot 7, Block 2,.Loso's Seventh Addition. Neighboring residents expressed concern that adding another dwelling unit for rental property would add to the ex~sting noise and excessive traffic problems in the area. Ted Klein stated that he would put five parking stalls in the rear of the property to keep traffic off of Old Hwy 52, and suggested he could put a buffer zone in front with a six (6) foot privacy fence. VARIANCE: Art Budde made a motion to recommend to the City Council approval of a nineteen (19) feet variance on the front yard and a six (6) feet side yard variance to allow Ted Klein to construct a dwelling unit at 318 Old Hwy 52; seconded by Sr, Kathleen. . Ayes: Kremer, Nahan, Kalinowski, Budde, Roach, Klein. Nayes: None, Motion Carried, MIKE DEUTZ VARIANCE HEARING: Mike Deutz appeared before the Planning Commission to request a 24 feet variance to allow his business sign 60 feet above the grade of his property line, and a 5 feet variance from the property line. After a lengthy discussion, Art Budde made a motion to table this matter until more information is available as to the distinction between an advertising sign and a business sign; seconded by Mike Roach. Ayes: Kremer, Nahan, Kalinowski, Budde, Roach, Klein, Nayes: None, Motion Carried, PETITION TO VACATE AN ALLEY: Jim and Bob Krebsbach presented a petition to vacate the north - south alley of the south half of Block Ten (10) Original Townsite of St. Joseph, which extends from MN street to the east - west alley of Block Ten (lO). Krebsbach intends to develop a convenience center and expand the existing station on the property adjacent to the alley. Art Budde made a motion to reject the petition and turn this matter over to the City Council; seconded by Sr. Kathleen. Ayes: Nayes: Kremer, Nahan, Kalinowski, Budde, Roach, Klein, None. Motion Carried. LA PLAYETTE: Mark ~:~:romg,tt~ owner of the La Playette, presented plans to add a 8' x 10' cooler on the east side of the building, The cooler will be used to store bread and meat products -- no liquor will be stored in the cooler, Tom Nahan made a motion to approve the addition of a 8' x la' cooler; seconded by Hub Klein. Ayes: Kremer, Nahan, Kalinowski, Budde, Roach, Klein. Nayes: None, Motion Carried. ~ Nahan reminded Mr. Z$'iltm~::n that the parking stripping that he was required in the past must be painted at the same time the cooler is installed, WOOD PILE COMPLAINTS: Discussed the complaints received concerning a wood pile located at 1012 Minn St. E, discussion, the commission felt that this in not an since the wood is stacked neatlY and will be burned wood, After issue for fire ORDINANCE CHANGE: Before making a decision on whether or not to increase the planning commission by 1 member, the planning commission would like clarification as to what the term ex- officio means, and whether they have voting rights. Kremer made a motion to adjourn at 9:55; seconded ADJOURN: by Budde, Ayes: Naves: Kremer, Nahan, Kalinowski, Budde, Klein, Roach. None, Motion Carried. I ~ fUer1~ 518 September 3, 1987 I' Pursuant to due call and notice thereof the City Council for the City of St. Joseph met in regular session on Monday, September 3, 1987, at 7:30 p.m. in City Hall. MEMBERS PRESENT: Mayor Mike Loso; Councilmen Donald "Bud" Reber, Steve Dehler, Leo Sadlo. Rachel Stapleton, Clerk/Adm. Councilman Ross Rieke arrived at 7:35 p.m. OTHERS PRESENT: Joe Bettendorf, Dick Taufen, Lee Pflepsen, Bill Lorentz, Dave Weyrens. AGENDA APPROVAL: SadIo seconded by Reber. Ayes: Loso, Reber, Nayes: None. made a motion to approve the agenda; Dehler, Sadlo. Motion carried. MINUTES: Dehler made a motion to approve the minutes of the August 20, 1987 meeting as presented; seconded by Sadlo. Ayes: Loso, Reber, Dehler, Sadlo. Nayes: None. Motion carried. BILLS PAYABLE: A motion was made by Reber to approve the I bills payable as presented; seconded by SadIo. Ayes: Loso, Reber, Dehler, Sadlo, Rieke. Nayes: None. Motion carried. COUNCIL REPORTS: SADLO: Well reports showed that the volume- of water pumped this year is 1,000,000 over last year, but the wells are holding their own. City Engineer will clarify the BOD count for the waste water samples. REBER: Discussed certain properties in the city which need to have the weeds cut; Need to set up a method of charging for bulk water; Mark Z~~~~~ still has not done the striping on the La Playette parking lot as he said he would, Clerk requested to send letter to him requesting he get this done; Mike Scherer has started his storage building and had questions if a basement would be allowed, and if bathrooms would be allowed in the basement. RIEKE: Township held meeting on August 27 which the council all attended by the Township Board's request, to discuss the options available to the township residents adjacent to Cloverdale Estates 3rd Addition. DEHLER: Park Board met and discussed the winter recreation I program, and if funds were budgeted for it. Rec Ass'n is having a picnic, and will acknowledge Jim Brummer's retirement as director of the Association at it. Sadlo discussed the need to remove the dilapidated bathrooms and the storm damaged part of the hockey rink structure, Requested to have maintenance department do this. Extract of August 20, 1987 City Council Minutes SPECIAL USE PERMIT - ZIMMER: Rieke made a motion to approve the following resolution to grant a Special Use Permit requested by Mark Zimmer to use the wooden frame structure located at 20 COllege Avenue North as a rental unit for the following reasons: 1, The general business district allows special uses for multiple family dwellings provided that off street parking is provided for and that there is no conflict with adjacent commercial activities 2~Q the general business district also allows for uses determined by the planning commission to be of the same character of the area subject to the special use permit, 2. The section of the zoning ordinance dealing with special use permits allow special use permits under the following circumstances: a) The special use will not be detrimental or endanger the public health, safety, morals, comfort or convenience of the neighborhood in which the special use is located, b) The special use will be harmonious with the general and specific objections of the comprehensive plan, c) The special use will be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. d) The special use will not be hazardous or disturbing to existing or future neighboring uses. e) The special use will have adequate facilities to provide sufficient off street parking to serve the proposed use. The City Council specifically finds that the use of 20 College Avenue North as a rental unit is consistent with the standards for special use permits in that the use is not detrimental to the health, safety or morals of the neighboring community, that the use is harmonious with general objectives of the comprehensive plan, that the use is harmonious with the appearance of the dwelling units immediately to the north of the proposed special use and that the use will not be hazardous or disturb the existing or futuring neighboring uses. Therefore, the special use is following conditions: permitted subject to the 1. That at least three parking spaces are provided for the sole use of the property located at 20 College Avenue North; 2. That the property at 20 College Avenue North meets all requirements of the housing ordinance and any other rental ordinances for the City of St. Joseph. The resolution was seconded by Reber. Ayes: Loso, Reber, Dehler, Sadlo, Rieke. Nayes: None, Motion carried. Extract of Draft April 2, 2007 Planning Commission Minutes Preliminary Plat -'- La Plavette: Chair Loso called the publiC hearing to order and stated that the purpose of the hearing is to consider a preliminary plat for La Playette, The proposed plat is located North of Minnesota Street and East of College Avenue and contains 2 lots to be used for commercial use, Mark Zimmer has submitted the proposed plat. Zimmer approached the commissioners to discuss his plans for the property known as the La Playette, He stated that he intends to subdivide the building selling the back one-third which is approximately 3,245 sq, ft, The area being sold was previously used for the kitchen, dancing floor and dining area, Zimmer stated that he has a purchase agreement with Brad Neugart who intends to open a pizza restaurant entitled Teli's, In order to subdivide the property a common wall agreement must be inCluded with the plat. Zimmer Stated that the portion he is requesting to sell is the same piece he purchased in the 1980's and would now like to sell that space to downsize his operation and get out of the banquet business, Loso opened the hearing to the public, Brad Neugart approached the commissioners,as he is the person interested in purchasing the space from Zimmer. He stated that he plans to use a small portion of the space as office space and the remaining as a pizza restaurant. The majority of their business will be carry out or delivery, Loso questioned what material would be used for the "common wall" to which Zimmer stated that they will construct whatever is necessary based on the building code, He added that they need to construct a double wall between the two businesses and that there will be no doors connecting the two. Weyrens stated that she has done some research regarding past requirements and any possible issues relating to parking. She stated thatshe found nothing in the minutes that requires Zimmer to lease parking spaces from the St. Joseph Parish, The past City Council and Planning Commission minutes acknowledge that Zimmer added on to the facility in 1984 and the City required Zimmer to designate and mark 15 parking spaces, In 1987 Zimmer again approached the City Council requesting a rental license for the house that sites adjacent to the alley. At that time the City required Zimmer provide 3 additional parking spaces. In discussing this matter with the City Attorney and reviewing the Parking Ordinance, it was determined that the City.could not require Zimmer to add parking, In fact, Zimmer is reducing the density of the building creating less of a parking need. The City Attorney also reviewed the Subdivision Ordinance and there is nothing in the Ordinance that will require Zimmer to meet the full parking requirements, According to Weyrens, the use is not changing and therefore the City cannot require any additional parking, The facility has always been used as a bar and restaurant and that use will continue, Weyrens clarified that if the owner of Teli's Pizza intends to lease the office space, parking will be required as that is a new use to the building, Neuguart can use the office space for his business without adding parking, In addition to parking Weyrens stated that the Public Works Director has been working with Zimmer to separate the sewer line as is required by Ordinance, The Planning Commission spent considerable time discussing parking related issues, Loso questioned Zimmer as to whether or not they leased some parking space from the Church. Zimmer explained that although he was not required to do so, the Council suggested that he contact the Church to work out an agreement to lease parking spaces, which he did until he sold the facility. Loso then questioned where the additional three spaces that are required for the rental house are located. Zimmer replied that there are two spaces behind the house and one along the side. Loso questioned whether or not they need to secure a building permit to upgrade the building and whether or not that would require strict Ordinance compliance, Weyrens clarified that as explained by the City Attorney, the La Playette is functioning as a non-conforming property, That is they do not meet the parking requirements and have been in operation before the City adopted Ordinances and they are not changing the use; therefore they do not need to make any changes, She added that only new buildings are required to meet current Ordinance requirements, Zimmer stated that the portion being sold has been operating since 1984 and they are looking to decrease the density rather than increase it. Loso questioned whether Zimmer has plans to upgrade the current parking lot to which Zimmer stated he did not, unless it were required by the City, Extract of Draft April 2, 2007 Planning Commission Minutes Loso then inquired as to how they plan to split the parking between the La Playette and Teli's, Zimmer stated that it would be part of the Common Interest Plat. Zimmer advised the Commissioners that Teli's is not interested in applying for a beer/liquor license, Kalinowski stated that she had no questions; however, if they plan to add office space, they would need to create some additional parking spaces, Deutz questioned Zimmer as to where the property line is for the rental property. Parking was also raised by Commissioner Deutz, He stated that if the use is changing, then additional parking would be required. Weyrens added that they would need to have additional parking with 350 feet if the use changes, The number of parking spaces is determined by the square footage of office space and there would be 1 spaces required for every 250 feet. Deutz stated that he is concerned with platting a piece of property to allow for another non-conforming use. Weyrens stated that it is allowed because the use is not changing. Deutz stated that when fhe Linneman building was sold and updated, they were required to comply with the current Ordinances and the use did not change. Weyrens explained that the use did change resulting in the need to meet current Ordinance requirements, Anderson questioned Zimmer as to the current capacity of the La Playette and how much it would decrease with the proposed subdivision. Zimmer stated that the current capacity is 270 and it would reduce to approximately 125/130 for the La Playette with an additional 31 shown for Teli's, Anderson stated that parking does not seem to be a big issue rather he is concerned with new development. Zimmer stated that, in his opinion, it is better to bring new businesses to town rather than simply downsizing his existing business. Rassier stated that the parking has always been an issue with the La Playette; however, there is nothing the City can do, as they are not changing the use. He did state that the current parking lot is in need of repairs and striping. Zimmer stated that he would do that; however, he would like to wait until the development next door is complete. Rassier re-stated to Zimmer that if they add the office space, they will need to meet the parking requirements, Deutz questioned how the parking spaces would be divided between the La Playette and Teli's. According to Weyrens, they must have designated spaces for each, Anderson questioned whether the spots along the street are exclusive to their business to which Weyrens stated they are not. According to Loso, he would like to see them contact the church to discuss the possibility of leasing some additional parking spaces, The public hearing was closed at 8:00 PM. Rassier made a motion to recommend approval of the preliminary plat entitled La Playette based on staff and Planning Commission recommendations and contingent upon the following: · Parking lot be curbed, tarred and stripped. · No rights for leasing of office space. · Parking spots designated for both the La Playette and Teli's. The motion was seconded by Graeve. Ayes: Rassier, Graeve, Rieke, Kalinowski, Anderson, Deutz Nays: Loso Motion carried 6:1:0 J~ Cl'l'\' Otr &"T.J()$ItPH Council Agenda Item rz MEETING DATE: April 19,2007 AGENDA ITEM: St. Cloud Boys and Girls Club, 2007 Summer Recreation SUBMITTED BY : Administrator Weyrens BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: At the November 2006 CitY Council the Council agreed to contribute $ 1,500 for the 2007 Summer Recreation Program and pay the past expenses for the years 2005 and 2006, BACKGROUND INFORMATION: The City has provided Summer Recreation for many years, either through cooperative efforts such as the St. Cloud Boys and Girls Club or through a City program, After the 2002 Summer Recreation Program the City contacted the St. Cloud Boys and Girls Club inquiring if they would be interested in taking over the summer recreation program once.again, In reviewing the records the City provided Recreation opportunities from the early 1970's to approximately 1986. In 1987 the City entered into an agreement with the St. Cloud Boys and Girls Club to co-sponsor the Summer Recreation program. In 1995 the City once again became the sole sponsor of the Summer Recreation Program, Between 1995 and 2002 the shortfall varied. The directors solicited corporate sponsors and were very successful, but there was always a shortfall. I have attached a summary of what I have been able to prepare regarding the past summer recreation programs and participation, One of the issues the Council struggled with was the large number of St. Wendel Township residents that participated and the Township was not willing to help cover the short fall. It was established for many years that the shortfall would be divided into a cost per participant and St. Joseph Township has paid a portion of the shortfall based on the participants. This method is still used today. I have included in the packet the minutes from 2006 illustrating the action of the Council for the years 2005 and 2006, At that same time the Council instructed me to contact the St. Cloud Boys and Girls Club and let them know that the City would fund up to $ 1,500 for the 2007 program, At this time the Boys and Girls Club is looking for a commitment for up to $ 4,000, They will distribute the shortfall the same as in the past, based on the actual cost and the City would only be responsible for the per participant cost . for the St. Joseph residents. St. Joseph Township would continue to be billed by the St. Cloud Boys and Girls Club. The Boys and Girls Club is willing to cap the requirement for 2007 to $ 4,000 and they will absorb any cost above such, Therefore, the City would need to agree to allocate an additional $ 2,500 for the summer program. It is my understanding that the Recreation Committee is charged with looking at community recreation and will bring a proposal back to the City Council for review and comment. The Committee will be having their first meeting on Wednesday, April 18, 2007. BUDGETIFISCAL IMP ACT: Up to $ 4,000 from the General Fund ATTACHMENTS: I) Proposed 2007 Summer Rec Program; 2) Extract of Council Minutes C:\Documents and Settings\jweyrensIMy Documents\Council Correspondence\2007 Request for Council Action\Sumrner Recreation.doc REQUESTED COUNCIL ACTION: Authorize the expenditure of up to $ 4,000 for the 2007 Summer R.ecreation Program. Further, within 30 days of receiving the request for payment, the same will be submitted to the St, Cloud Boys and Girls Club for payment. Note: The St. Cloud Boys and Girls Club have requested to be paid up front due to the issues of collection for the 2005 and 2006 fees. The City cannot prepay the expenses and a copy of the official minutes will guarantee payment and memorialize and terms of payment. This is different then in the past as the Council did not commit to paying any shortfall, C:\Documents and Settings\jweyrensIMy Documents\Council Correspondence\2007 Request for Council Action\Summer Recreation.doc Explanation of Programs for Summer Recreation (Sports are self explanatory) Foreign Language Club Each week a different language lesson will be given to members, They will also he introduced to the country of origin that the language belongs to. They will learn simple means of communication such as greetings, numbers, and letters. Creative Writing Club Creative writing will include all types of prose and poetry. From Short story writing to many forms of Poetry, members will exercise not only their imaginations but also wi111earn writing fol1t1 technique, Filmmaking Club Through Film History and hands-on technique, members will learn the step by step process that it takes to put together a film. At the end of the session, members will have produced a short film that will be put onto a DVD. Storybook Club Each session will begin by reading the members. a short story, An emphasis on diversity will be reflected in the selected stories. Books will also be chosen for their art work. Afterwards, members will be encouraged to write their own stories that reflect lesson from the story . they were read, but with their own creative twists! DDR (Dance, Dance, Revolution) The newest dance craze hitting the street! Student's use dance pads that tell their feet which direction they should go in, while watching the TV monitor that plays the dance music. This exercise improves motor skills and coordination, not to mention, what a work out! Theatre Club . Members will select a script, go through rehearsals, and make their own props. At the end ofthe session the K-3 group and the 4th_6th group will each be putting on their plays. Music Makers Making music is fun, so is knowing the history of where the music came from. Members will explore the history and diversity of instruments and the countries they originate from. From the Jamaican steel drum beat to the Rainmaker's waterfall like sound, members will explore each beat. .0 ::l >.0 CIS 0> "C c: II) .- ....::.:. ::l0C") .cO, I-U~ >. CIS "C II) a> c: "C ~ .... Q) u UC") o , C/)~ E >.0 CIS 0 "CN II) a>-gC") ::s- I I-U~ ~ ~ "0 o .c: ro ~ en Q) I ... 1-0.. .::.:. 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M ExtraCt of City Council Minutes November 30,2006 Summer Recreation - St. Cloud Bovs and Girls Club: Weyrens stated that she has been contact by the St. Cloud Boys and Girls club regarding funding the shortfall for the calendar years 2005 and 2006. The St. Joseph Recreation Association had indicated that they would contribute Up to $ 2,500 if the funds were available, Weyrens stated that CounCil Wick meet With representatives of the Boys and Girls Club regarding the funding Shortfall and agreed to take the matter back to the Recreation Association for consideration, Wick stated that he has discussed the matter with the Recreation Association at a recent meeting, However, at this time the Association does not have the funds available in the gambling account to pay the shortfall of approximately $ 2,500, Weyrens stated that the St. Cloud Boys and Girls Club are requesting the City cover the debt, as it is their understanding that the Recreation Association is part of the City, even though Weyrens informed them it is a separate entity, The Council discussed whether or not the debt is the responSibility of the City and did not want to create a division between the Boys and Girls Club and the City. Weyrens.stated that the approximate Shortfall is $ 6,000, The Council discussed the use of the equipment as provided by the City and the need for the program to be self-sufficient. Mayor Carlbom stated that he would like to pursue investing recreation opportunities to include community participation. Such pa.rticipation would brings groups such as the local schools (both College and Elementary) and Recreation Clubs (St. Joseph and Boys and Girls Club) together to plan a community program. The Council acknowledged that a community program could not be in place by 2007, Rassier made a motion authorizing the following expenditure to the St. Cloud Boys and Girls Club: Program 2005 Program 2006 Program 2007 $ 2,500 $ 2,179 $ 1,500 In addition, Rassier encouraged Carlbom to begin discussion on a community recreation program. The motion was seconded by Wick and passed unanimously. 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JOSI!:I'H MEETING DATE: April 19, 2007 AGENDA ITEM: State Aid Mileage Designation SUBMITTED BY: Tracy Ekola, City Engineer BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: When the City reached a population of5,000 we became eligible for Minnesota State Aid (MSA) Funds, At that time the Council identified the major regional roads, The map has been built on from that time. BACKGROUND INFORMATION: The purpose of MSA is to help with road improvements for regional roads, MSA funds cannot be used for local roads, The mileage amount the City receives is based on the population, as the City grows additional mileage becomes available. According to the 2006 Annual Certification of Mileage, the City of St. Joseph is able to designate an additional, 71 miles to the State Aid system. The City does not actually receive the money until we have a project and request release of the funds. The funds sit at the State level. The City utilized MSA funds for College Avenue and Minnesota Street in the past. You will notice that Field Street is on the map, the Council of the past included this corridor to maximize our funding ability. If Field Street is built someday, the City would want to use MSA Funding. If it is determined that Field Street will be removed from the Transportation Plan then those miles must be re-designated, The MSA Street designations have been reviewed with the Public Works Director and we are recommending adding the following miles and sections to the existing MSA Street network. Section 110: Baker Street E 2nd Avenue E to ih Avenue E - 0.35 miles Section 114: 2nd Avenue SE Minnesota Street E (CRI34) to Baker Street E - 0,17 miles Section 112: 4th Avenue SE Minnesota Street E (CR 134) to Baker Street E - 0.19 miles BUDGETIFISCAL IMPACT: The increased population provides for an additional opportunity for MSA Funds and adding the above street sections maximize MSA potential. ATTACHMENTS: Municipal State Aid System (MSAS) System Map; Resolution 2007-014 REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute Resolution 2007-014 designating MSA Funds and authorize the same to be certified with the Minnesota Commissioner of Transportation. C:\Documents and Settings\sbialke\Local Settings\Temporary Internet Files\OLKI5\MSA Funding.doc CITY OF ST. JOSEPH CITY COUNCIL RESOLUTION 2007-014 RESOLUTION EST ABLISHING MUNICIPAL STATE AID HIGHWAYS WHEREAS, it appears to the City Council of the City ofSt. Joseph that the street hereinafter described should be designated Municipal State Aid Street under the provisions of Minnesota Law. NOW THREEFORE, BE IT RESOLVED, by the City Council of the City of St. Joseph that the road sections described as follows, to-wit: · 4th Avenue SE from Minnesota Street E (CR134) to Baker Street E (0.19 miles), . Baker Street E, from 2nd Avenue SE to ih Avenue SE (0.35 miles); . 2nd Avenue SE from Minnesota Street(CRI34) to Baker Street E (0.17 miles) be, and hereby are established, located, and designated a Municipal State Aid Streets of said City, subject to the approval of the Commissioner of Transportation ofthe State of Minnesota, BE IT FURTHER RESOLVED, that the City Administrator is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said roads or portions thereof, that same be constructed, improved and maintained as a Municipal State Aid Streets of the City of St. Joseph, to be numbered and known as the following Municipal State Aid Street Number (Extension of existing route), No. 112 4th Avenue SE from Minnesota Street E (CR134) to Baker Street E (0.19 miles) Baker Street E. from 2nd Avenue SE to 7th Avenue SE (0.35 miles) 2nd Avenue SE from Minnesota Street(CRI34) to Baker Street E (0.17 miles) No. 11 0 No. 114 ADOPTED April 19, 2007. Richard Carlbom, Mayor ATTEST: Judy Weyrens, City Administrator CERTIFICATION I hereby certify that the above is a true and correct copy of a Resolution duly passed, adopted and approved by the City Council of said City on April 19, 2007. (SEAL) Judy Weyrens, City Administrator City of St. Joseph SEH FILE [] \ : \ , ' , i ....\ - -~i'" ..'. , _1.----- : -----r-- I ; I i _nul__' _____ i I --f-. I 1 i ; I i ,____ i1--ui i I -rr---- L_ I I I I 1 I ,.'::=,_ J I : I I-"~::-:'r.-'- ii .-!; --':'-:.,--- i I , I 1- ! I I' ..- L ' ! L --: i~ 1.__ _ Ii; In -.-, , i -T--'-li .---.. :' I" ~ " ,.-.-: """"" I!' I I I I I I Ii ___~..! 1 r -==' ~ f: I 1''''- I i __ _un.!. - ~. D~!@I !1: ~ -a z<c O. :a -tS,: :t:(/) ::E:~ )>(/) r-(n "'"< (/) -t m s: L , ; :~ ~ Ie .I :~ I, , I "~~. AY(.MC. ---I I I . , I I . I I I , ~_L.______ . . ____.J...._......:. ______________ ~!If- -, ."" " ' :~ I " "-l '~"" 'q, "" :1 '-:' : '...""'" I _ , , 'f '''-'' : .. ;l "~, ';'" ,~--- ~- ~ r- - "; I __\___ ____ u~_ l _ i I _. :.1 ~ ~Z Ifr j ,'/ I' I~ 1-. ~ ---__ I ~ ....., , ,- I ;:; o o Council Agenda Item 9b CITY OF ST. Jo...,,,Jl-H MEETING DATE: April 19, 2007 AGENDA ITEM: 2007 Jade Road Improvements Advertisement for Bids SUBMITTED BY: Tracy Ekola BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: Ordered Plans and Specifications BACKGROUND INFORMATION: This project includes trunk water and sewer main, trail improvements and Jade Road relocation to the new school site, The proposed schedule is provided below, Public Improvement Hearing Council orders Advertisement Advertisement Bid Date Assessment Hearing Substantial Completion Final Completion January 18, 2007 April 19, 2007 April 30 and May 7 May 22, 2007 October 2007 October 6, 2007 July 2008 BUDGET/FISCAL IMPACT: See Attachment and per January 18, 2007, Feasibility Study ATTACHMENTS: Opinion of Probable Cost and Advertisement for Bids REQUESTED COUNCIL ACTION: Adopt Resolution 2007-015 Approving Plans and Specifications and Ordering Advertisement for Bids for the 2007 Jade Road Improvements, C:\Documents and Settings\sbialke\Local Settings\ Temporary Internet Files\OLK I 5\0605 Advertisement.doc CITY OF ST. JOSEPH CC RESOLUTION 2007...015 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS 2007 Jade Road Improvements WHEREAS, pursuant to a resolution passed by the council on February 15, 2007, the city engineer (consulting engineer retrained for the purpose) has prepared plans and specifications for the proposed improvements: Properties abutting Jade Road and County Road 121- Improvements to include street, curb, gutter, utilities, trail and turn lanes; Properties abutting Iverson and 3rd Avenue SW -Improvements to include turn lanes on County Road 121 and has presented such plans and specifications to the council for approval; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Administrator shall prepare and cause to be inserted in the official paper (and in the Construction Bulletin) an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, shall specify the work to be done, shall state that bids will be opened and that the responsibility of the bidders will be considered by the council at 7:00 PM on June 7, 2007, in the city council chambers of the St. Joseph City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Administrator and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City Administrator for 5 percent of the amount of such bid. Mayor City Administrator DOCUMENT 00 1113 ADVERTISEMENT FOR BIDS 2007 Jade Road Improvements St, Joseph, Minnesota SEH No. A-STJOE0605 Notice is hereby given that sealed Bids will be received by the City Administrator until II :00 a,m., Tuesday, May 22,2007, at the office ofthe City Administrator, 25 College Ave N, PO Box 668, S1. Joseph, MN 56374-0668, at which time they will be publicly opened and read aloud, for the furnishing of all labor and material for the construction of2007 Jade Road Improvements, St, Joseph, Minnesota. Approximate major quantities are as follows: 6,300 50,000 3,000 27,500 28,700 10,000 3,100 10,800 3,500 1,250 4,800 250 1,150 1,650 2,500 - 15 6,500 SY CY Cy SYIN SYIN LF LF SF LF LF LF LF LF LF SY AC SY Mill Bituminous Pavement Common Excavation Aggregate Base Placed, Class 5 Bituminous Wear Course Bituminous Non-Wear Course Pavement Striping B618 Curb and Gutter 4-Inch Concrete Walk with/4-Inch Sand Bedding IS-Inch PVC Sanitary Sewer, SDR 35 4-Inch PVC Sanitary Sewer, SDR 26 12-Inch DIP Water Main 6-Inch DIP Water Main I-Inch Copper Pipe 12- to 36-Inch RCP Storm Sewer Sodding Seeding Erosion Control Blanket Bids shall be on the form provided for that purpose and according to the Bidding Requirements prepared by Short Elliott Hendrickson Inc" dated April 19, 2007. The Bidding Documents may be seen at the issuing office of Short Elliott Hendrickson Inc. located Short Elliott Hendrickson Inc. 1200 25th Avenue South P.O, Box 1717 S1. Cloud, MN 56302-1717 320.229.4300 Digital copies ofthe Bidding Documents are available at http://www.sehinc,com for a fee of $20, These documents may be downloaded by selecting this project from the "Bidding Documents" link and by entering eBidDoc™ Number 517922 on the "Search Projects" page. For assistance and free membership registration, contact QuestCDN at 952.233,1632 or info@questcdn.com. Paper copies of the Bidding Documents may be obtained from Docunet Corp, located at 151 Chesire Lane, #300, Plymouth, MN 55441 (763.475.9600) for a fee of$IOO. Bids will only be accepted from Contractors who purchase Bidding Documents as noted above. A-ST JOE0605.00 Advertisement for Bids 00 11 13 - 1 Bid security in the amount of 5 percent of the Bid must accompany each Bid in accordance with the Instructions to Bidders, Bids shall be directed to the City Administrator, securely sealed and endorsed upon the outside wrapper, "BID FOR 2007 JADE ROAD IMPROVEMENTS, ST, JOSEPH, MN SEH A-STJOE0605." The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein and to award the Contract in the best interests of the City, Judy Weyrens City Administrator St. Joseph, Minnesota Publish: Construction Bulletin St. Cloud Times Apri130 and May 7,2007 Apri130 and May 7, 2007 Advertisement for Bids 00 11 13 - 2 A-ST JOE0605.00 4/13/2007 JADE ROAD IMPROVEMENTS ST. JOSEPH, MN CITY NO. SEH NO. A-STJOE0605.00 OPINION OF PROBABLE COST ITEM UNIT OF APPROXIMATE NO. ITEM DESCRIPTION MEASUREMENT QUANTITY UNIT PRICE 34 LV3 NON WEAR COURSE MIXTURE (LVNW35030C) SYIIN 28,659.00 $3.25 2 COST $93,141.75 4/12/2007 TOTAL 4/13/2007 3 4/13/2007 JADE ROAD IMPROVEMENTS 4/12/2007 ST. JOSEPH, MN CITY NO. SEH NO. A-STJOE0605.00 OPINION OF PROBABLE COST ITEM UNIT OF APPROXIMATE NO. ITEM DESCRIPTION MEASUREMENT QUANTITY UNIT PRICE COST TOTAL 66 12" WATER MAIN - DUCT IRON CL 50 UN FT 4,779.00 $37.00 $176,823.00 67 8" WATER MAIN - DUCT IRON CL 52 UN FT 80.00 $28.00 $2,240.00 68 6" WATER MAIN - DUCT IRON CL 52 UN FT 274.00 $25.00 $6,850.00 69 HYDRANT EACH 13.00 $2,500.00 $32,500.00 70 12" GATE VALVE AND BOX EACH 17.00 $1,800.00 $30,600.00 71 8" GATE VALVE AND BOX EACH 1.00 $1,000.00 $1,000.00 72 6" GATE VALVE AND BOX EACH 12.00 $750.00 $9,000.00 73 FLEXSTAKE MARKER EACH 11.00 $75.00 $825.00 74 CONNECT TO EXISTING WATER MAIN EACH 3.00 $1,000.00 $3,000.00 75 1" CORPORATION STOP EACH 29.00 $140.00 $4,060.00 76 1" CURB STOP AND BOX EACH 29.00 $150.00 $4,350.00 77 1" TYPE K COPPER PIPE UN FT 1,150.00 $16.00 $18,400.00 78 JACK/BORE 30" STEEL CASING PIPE UN FT 80.00 $275.00 $22,000.00 79 3" INSULATION SQYD 90.00 $25.00 $2,250.00 80 WATER MAIN FITTINGS POUND 3,912.00 $4.50 $17 ,604.00 $331,502.00 81 12" RC PIPE APRON WI TRASH GUARD EACH 2.00 $800.00 $1,600.00 82 15" RC PIPE APRON WI TRASH GUARD EACH 2.00 $900.00 $1,800.00 83 21" RC PIPE APRON WI TRASH GUARD EACH 2.00 $1,100.00 $2,200.00 84 44" RC ARCH PIPE APRON EACH 4.00 $1,800.00 $7,200.00 85 12" RC PIPE SEWER DESIGN 3006 CL V UN FT 476.00 $25.00 $11,900.00 86 15" RC PIPE SEWER DESIGN 3006 CL V UN FT 168.00 $27.00 $4,536.00 87 21" RC PIPE SEWER DESIGN 3006 CL III UN FT 88.00 $32.00 $2,816.00 88 24" RC PIPE SEWER DESIGN 3006 CL III UN FT 898.00 $35.00 $31,430.00 89 44" RC ARCH PIPE SEWER UN FT 32.00 $125.00 $4,000.00 90 CONNECT TO EXISTING STORM SEWER EACH 3.00 $600.00 $1,800.00 91 CONNECT TO EXISTING STORM SEWER MANHOLE EACH 1.00 $750.00 $750.00 92 CONST DRAINAGE STRUCTURE DES H EACH 3.00 $1,300.00 $3,900.00 93 CONST DRAINAGE STRUCTURE DESIGN 48-4020 EACH 5.00 $1,800.00 $9,000.00 94 CONST DRAINAGE STRUCTURE DESIGN 60-4020 EACH 1.00 $3,000.00 $3,000.00 95 CONST POND SKIMMER STRUCTURE EACH 1.00 $3,200.00 $3,200.00 96 RANDOM RIPRAP CL III WI GEOTEXTILE FILTER FAB CUYD 58.00 $75.00 $4,350.00 $93,482.00 4 4/13/2007 JADE ROAD IMPROVEMENTS ST. JOSEPH, MN CITY NO. SEH NO. A-ST JOE0605.00 4/12/2007 OPINION OF PROBABLE COST ITEM UNIT OF APPROXIMATE NO, ITEM DESCRIPTION MEASUREMENT QUANTITY UNIT PRICE COST TOTAL 97 INLET PROTECTION EACH 19.00 $250.00 $4,750.00 98 SODDING TYPE LAWN SQYD 2,555.00 $2,75 $7,026.25 99 SEEDING (TEMPORARY) ACRE 4.25 $500.00 $2,125.00 100 SEEDING ACRE 16.56 $500.00 $8,280.00 101 SEED MIXTURE 150 (TEMPORARY) POUND 170.00 $2.00 $340.00 102 SEED MIXTURE MN/DOT MIX 250 POUND 1,064.00 $2.50 $2,660.00 103 SEED MIXTURE MN/DOT MIX 310 POUND 57.00 $8.00 $456.00 104 SEED MIXTURE MN/DOT MIX 340 POUND 57.00 $3.50 $199.50 105 MULCH MATERIAL (TEMPORARY) TON 8.50 $200.00 $1,700.00 106 MULCH MATERIAL TON 30.40 $200.00 $6,080.00 107 DISC ANCHORING (TEMPORARY) ACRE 4.25 $350.00 . $1,487.50 108 DISC ANCHORING ACRE 15.20 $350.00 $5,320.00 109 EROSION CONTROL BLANKET SQYD 6,576.00 $2.00 $13,152.00 110 COMMERCIAL FERTILIZER (TEMPORARY) POUND 850.00 $1.00 $850.00 111 COMMERCIAL FERTILIZER POUND 5,923.00 $1.00 $5,923.00 112 DITCH CHECK TYPE 3 UN FT 550.00 $4.00 $2,200.00 $62,549.25 SUBTOTAL. CONSTRUCTION $1,466,048.49 $1,466,048.49 CONTINGENCY (10%) $146,604.85 ENGINEERING (18%) $263,888.73 LEGAL, FISCAL, AND ADMINISTRATIVE (10%) $146,604.85 GRAND TOTAL $2,023,146,92 c:\Oocument& and $ettings\sbialke\LocaI Settings\Temporary Internet FiIes\OLK15\estimatB-bidd.xIB 5 4/13/2007 Council Agenda Item l~ Ot em (WST.JO$ItM MEETING DATE: April 19, 2007 AGENDA ITEM: Affordable Housing SUBMITTED BY: Administrator Weyrens BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Joint PowerS Board for the Affordable Housing has considered the conversion of Life Cycle Homes to Community Land Trust Homes at Time of Resale and has recommended that each City authorize such. PREVIOUS COUNCIL ACTION: Jason Krebsbach of the CMHP appeared before the Council on April 5, 2007 requesting the Council approve the conversion to a Community Land Trust. The Council had several questions and the Council Liaison (Renee) for the Joint Powers Board was not present at the Council meeting, A question arose as to whether or not the JP A needed a formal amendment or if the participating Council's could approve the change with a simple motion, Councilor Symanietz will be present at this meeting and will be able to provide additional information. BACKGROUND INFORMATION: Since the last meeting I have had the chance to read the JP A and it appears questionable if an amendment is needed. Rather than expend City resources researching this matter I would recommend question be sent back to the JP A for verification as it will affect all participating Cities, BUDGETIFISCAL IMPACT: ATTACHMENTS: REQUESTED COUNCIL ACTION: Council Agenda Item '~b. crrv (WSOf.J081Wf1 MEETING DATE: April 19, 2007 AGENDA ITEM: District 742 Plat Update SUBMITTED BY: Administrator Weyrens BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission has previously recommended approval of the Preliminary Plat for ISD 742, PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: Since the Planning Commission meeting we have been working on the Development Agreement. This agreement is complex because it requires Arcon, District 742 and the City to sign, Weare making sure that the agreement is complete and hope to forward a the agreement to District 742 by Tuesday. We will be working with all parties involved to resolve any issues and hope to have the final plat and agreement on the May 3, 2007 City Council Agenda, At the same time we are working on the Development Agreement, Inspectron is working with ISD 742 and GL T on the building permit. The project is still on schedule and the staff is committed to working with the School District to make sure that we meet the necessary deadlines. BUDGETIFISCAL IMPACT: ATTACHMENTS: REQUESTED COUNCIL ACTION: No action is required at this time, this is information only, Council Agenda Item ,~c. ttr\" ()ll'sr..JOSIWft MEETING DATE: April 19, 2007 AGENDA ITEM: Compost Area SUBMITTED BY: Administrator Weyrens BOARD/COMMISSION/COMMITTEE RECOMMENDATION: Not applicable PREVIOUS COUNCIL ACTION: Charles Potter appeared before the Council to request the Council waive the compost fee for Senior Citizens. Potter asked the Council in. 2006 at which time the request was denied. BACKGROUND INFORMATION: The City Refuse Fund is responsible for the weekly refuse program and the Compost area. The City provides senior citizens with Yz priced refuse each month (65 and older) and the remaining participants absorb the rest of the cost. In the past the City has sent a bill to the participating Townships to help offset the compost expenditures, We did not have to do that in 2005 or 2006. The following is a summary of the area Cities charges: Waite Park Sartell Sauk Rapids St. Cloud St. Joseph No charge $ 20.00 $ 25,00 $ 20.00 $ 15.00 None of the above Cities provide a senior discount on the compost permit or the monthly refuse service, The City would have to look at the shortfall if additional discount is provided to the senior citizens, The fee charged is a reasonable fee and only covers the expense of the area. BUDGETIFISCAL IMPACT: ATTACHMENTS: REQUESTED COUNCIL ACTION: Establish the compost fee at $ 15,00 with no senior citizen discount. Council Agenda Item I ~.tJ . O'M' OFST.J~I MEETING DATE: April 19,2007 AGENDA ITEM: Request to License Five Dogs SUBMITTED BY: Administrator Weyrens BOARD/COMMISSION/COMMITTEE RECOMMENDATION: Not applicable PREVIOUS COUNCIL ACTION: Not applicable BACKGROUND INFORMATION: In the past the City Council has received a request to license three dogs and they have been granted. Atthat time we sent notice to the adjacent property owners, I have included in the packet an email I received regarding the request to license five animals. Mr. Cordie is proposing to construct a new home in Northland Heights, Since this is a new development not all the adjoining lots are sold, The other requests we have granted were in established neighborhoods, The email indicates that he currently has the five dogs and does not have any complaints from the neighbors or the City. He did not indicate which City he resides in as he only has three dogs licensed, As you can see from the Ordinance, the Council has the authority to grant a special permit. The Ordinance does not require mailed notice to abutting property owners. If the Council grants authority to license five dogs consideration should be given that limit the license to the existing dogs, not granting authority to replace them. BUDGETIFISCAL IMPACT: Not applicable ATTACHMENTS: Email requesting Licensure for five dogs REQUESTED COUNCIL ACTION: Judy Weyrens From: Sent: To: Subject: Joe Cordie [wurknboy@hotmail.com] Monday, April 16, 200710:11 PM Judy Weyrens Consideration Letter To Judy and The City of St, Joseph Council; I write this in the hopes that you will consider my special request. I'm working with Lumber One on designing a new house and would like to build it in the Northland Heights Addition in St. Joseph. I'm a current home owner and have five dogs, three of which are licensed and such. The other two were recently acquired due to medical issues in the extended family. If you were to check with the city officials in our current town you would find that there are no complaints. They are all inside house dogs and have all current vaccinations, They are also cement pad kennel trained, meaning they won't diminish the appearance of our property. From the front curb you would never know that we actually have five dogs, this is because they are all very well mannered. The breeds of our dogs are as follows: l,)Mixed Breed-Lab/Husky -7 years old and Approx. 70Lbs. (Licensed) 2.)Mixed Breed-Golden Retriever/Rottweiler-. 7 years old and Approx. 72Lbs (Licensed) 3.)Mixed Breed- Beagle/ Shepherd- 7 years old and Approx. 60 Lbs (Licensed) 4.)Pomeranian- 6 years old and Approx. 7 Lbs 5,)Chihuahua- 2 years old and Approx. 5 Lbs All dogs are supervised 100% of the time. They are inside the house 95% of the time, 5% of the time is spent outside for potty breaks and exercise. We never intended to have five dogs but we are doing what we have to for family, and it is our hopes that you will approve us to live in your city. Thanks for your time. Joe Cordie MSN is giving away a trip to Vegas to see Elton John. Enter to win today. http://msnconcertcontest.com?icid-nceltontagline 1 J.udy Weyrens Attachments: Thomas G, Jovanovich [T Jovanovich@rajhan,com] Tuesday, April 17 , 2007 11 :42 AM Judy Weyrens Brenda A, Wolbeck FW : dog request Ordinance 104.tif From: Sent: To: Cc: Subject: Ordinance l04.tif (550 KB) Judy, I believe your reading of the ordinance is correct. Tom Jovanovich Rajkowski Hansmeier Ltd. 320-251-1055 tjovanovich@rajhan.com This is a transmission from Rajkowski Hansmeier Ltd. and may contain information which is privileged, confidential, and protected by the attorney-client or attorney work product privileges. If you are not the addressee, note that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you have received this transmission in error, please destroy it and notify my office immediately at our telephone number (320) 251-1055. -----Original Message----- From: Judy Weyrens [mailto:jweyrens@cityofstjoseph.com] Sent: Tuesday, April 17, 2007 2:17 AM To: Thomas G. Jovanovich Cc: Brenda A. Wolbeck Subject: dog request Tom - I have received a request for a resident to have five dogs. I have attached a copy of the Ordinance for your convenience. Am I reading it right that subdivision 2 would allow the Council to grant a special permit to allow five dogs. The person requesting the five dogs will be moving into the new development Northland Heights and their are not many residents around the lot he is proposing to purchase. Please let me know. Thanks Judy 1 ~~ (~rI'Y Oil S.,: J OSItI'U Council Agenda Item l), (e- ~ / MEETING DATE: April 19, 2007 AGENDA ITEM: Scherer Addition Platting SUBMITTED BY: Administrator Weyrens BOARD/COMMISSION/COMMITTEE RECOMMENDATION: Staff has recommended and the Planning Commission has approved the platting of the property owned by Scherer Trucking, This item has been placed on the consent agenda, In reviewing the area to be platted, there are three property owners that abut with metes and bounds descriptions. The staff is recommending the Council approve the platting of the abutting property. PREVIOUS COUNCIL ACTION: By approving the consent agenda the Council has requested Scherer Trucking plat their property before the Final Certificate of Occupancy, BACKGROUND INFORMATION: When reviewing the request of Scherer Trucking to add to their existing office space, it was determined that the property needed to be platted for the office to be constructed, The proposed plans indicated that the building crossed the property line on which the house is located and even though Scherer owns all the property you can still not cross a property line. If the property was platted, a minor subdivision could have been requested, However in reviewing the legal description for Scherer Trucking parcels have been subdivided and combined making it difficult to determine exact legal descriptions, During this time we also discovered that while I ih A venue is recorded through a land purchase from the College of St. Benedict. Since this property abuts the Scherer property, it makes sense to plat the City property at the same time, including the 12th Avenue ROW. The ROW was secured when CR 133 was realigned and as part of the ROW the City had to purchase a parcel owned by the College of St. Benedict. Only a portion of the property was needed, but the acquisition left a small parcel. We have owned the property since that time, In this same area there are two additional parcels that are metes and bounds - Harvey Reber and Ron Molus. It would be to the City's advantage to clean up this section of the City. In discussing this matter with Tracy Ekola it is estimated that the cost of platting will be somewhere between $ 3,000 and $ 5,000. It is the recommendation of staff to plat this area with the cost of the plat being borne by Scherer and the City, The amount each would pay would be based on the percentage of square feet with the City absorbing the cost of platting Reber and Molus, The plat needs to be signed off by all parties. I have talked to Harvey Reber already and he is willing to sign off on the plat and I have a call into Ron Molus. BUDGET/FISCAL IMPACT: $ 1,500 to $ 2,500 to be expended from Engineering A TT ACHMENTS: Map illustrating the area REQUESTED COUNCIL ACTION: Authorize the expenditure to plat the property owned by Scherer Trucking, the City of St. Joseph, Harvey Reber and Ron Molus with the cost split between the City of 8t. Joseph and Scherer Trucking, C:\Documents and Setlings\jweyrensIMy Documents\Council Correspondence\2007 Request for Council Action\Scherer Addition.doc I ~ / / ~ I I~ II I .21 -=---: Vi z g. ~ ... (1) ...., (1) / ...., ;::::0 ""0 ...., (~ 0 -0 ~ (1) ...., ;:___1 q L-_l I 1--'1 ( I'J1 ~ ... (':l ""l (':l ""l > Q. Q. ::;: O' = Council Agenda Item \ ~ ". ClTYOF S'f..lO$lWH MEETING DATE: April 19,2007 AGENDA ITEM: Resolution calling for Hearing for TIP 2-1 SUBMITTED BY: Administrator Weyrens BOARD/COMMISSION/COMMITTEE RECOMMENDATION: Both the St. Joseph City Council and St. Joseph Economic Development Authority have reviewed the Preliminary TIP Application and have agreed to move the project known as Millstream Shop and Lofts forward utilizing Tax Increment Financing, PREVIOUS COUNCIL ACTION: See Above BACKGROUND INFORMATION: The creation ofa TIP District requires a public hearing, I have attached a copy of the public hearing notice. The Council must formally authorize the public hearing, The process for utilizing TIP is very regimented and each step must be followed. BUDGET/FISCAL IMPACT: The beginning of the Downtown Revitalization ATTACHMENTS: 1) Hearing Notice; 2) Resolution calling for Public Hearing REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the Resolution calling for a public hearing to be held on May 3, 2007 at 7:15 PM. CITY OF ST. JOSEPH COUNTY OF STEARNS STATE OF MINNESOTA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council (the "Council") ofthe City of St. Joseph, Stearns County, Minnesota, will hold a public hearing on Thursday, May 3,2007, at 7:15 p.m" at the City Hall, in the City of St. Joseph, Minnesota, relating to the proposed establishment of Development District No, 2 and the adoption of the Development Program for Development District No, 2, the proposed establishment of Tax Increment Financing (Redevelopment) District No, 2-1 within Municipal Development District No.2 and the proposed adoption of a Tax Increment Financing Plan therefor, pursuant to Minnesota Statutes, Section 469,174 through 469.1799, inclusive, as amended. Copies of the Development Program and the Tax Increment Financing Plan as proposed to be adopted will be on file and available for public inspection at the office of the City Administrator - Clerk at City Hall, The property proposed to be included in Development District No.2 and Tax Increment Financing (Redevelopment) District No. 2-1 is described in the Tax Increment Financing Plan on file in the office of the City Administrator - Clerk. A map of Municipal Development District No. 2 and Tax Increment Financing (Redevelopment) District No, 2-1 is set forth below: All interested persons may appear at the hearing and present their views orally or in writing prior to the hearing. Judy Weyrens Administrator \-~-'\ , \ \ \ , \ \ \ \ \ \ EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF S.T, JOSEPH, MINNESOTA HELD: April 19, 2007 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City ofSt. Joseph, Steams County, Minnesota, was duly held at the City Hall on Thursday, the 19th day of April, 2007 at 7:00 p.m. for the purpose, in part, of calling a public hearing on the proposed establishment of Development District No, 2, the proposed adoption of the Development Program relating to Development District No, 2, the proposed establishment of Tax Increment Financing District No. 2-1 within Development District No.2 and the proposed adoption of the Tax Increment Financing Plan relating thereto. The following Council members were present: and the following were absent: Council Member moved its adoption: introduced the following resolution and RESOLUTION CALLING PUBLIC HEARING ON THE PROPOSED ESTABLISHMENT OF DEVELOPMENT DISTRICT NO, 2, THE PROPOSED ADOPTION OF A DEVELOPMENT PROGRAM RELATING TO DEVELOPMENT DISTRICT NO.2, THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 2-1 WITHIN DEVELOPMENT DISTRICT NO, 2 AND THE PROPOSED ADOPTION OF A TAX INCREMENT FINANCING PLAN RELATING THERETO BE IT RESOLVED by the City Council (the "Council") of the City of St. Joseph, Minnesota (the "City"), as follows: 1. Public Hearing, This Council shall meet on May 3, 2007, at approximately 7:00 p,m., to hold a public hearing on the following matters: (a) the proposed establishment of Development District No.2, (b) the proposed adoption of the Development Program relating to 'Development District No.2, (c) the proposed establishment of Tax Increment Financing District No. 2-1 within Development District No.2, and (d) the proposed adoption of a Tax Increment Financing Plan relating thereto, all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 through 469.134, both inclusive, as amended, and Minnesota Statutes, Sections 469.174 through 469.1799, both inclusive, as amended (collectively, the "Act"), 2, Notice of Hearing; Filing of Program and Plan. All actions taken by the City's staff and agents to cause a notice of the hearing to be published as required by the Act is hereby authorized and. ratified and the City Administrator-Clerk is hereby authorized and directed to 1387307v I place a copy of the proposed Development Program and Tax Increment Financing Plan on file in the Administrator-C1erk's Office at City Hall and to make such copies available for inspection by the public. The motion for adoption of the foregoing resolution was duly seconded by member. and, after full discussion thereof, and upon a vote being taken thereof, the following voted in favor thereof: and the following voted against same: Adopted this 19th day of April, 2007. Mayor Attest: City Administrator-Clerk 2018752vl A-2 STATE OF MINNESOtA COUNTY OF STEARNS . CITY OF ST. JOSEPH I, the undersigned, being the duly qualified and acting City Administrator-Clerk of the City of St. Joseph, Minnesota, DO HEREBY CERTIFY that the attached resolution is a true and correct copy of an extract of minutes of a meeting of the City Council of the City of St. Joseph, Minnesota duly called and held, as such minutes relate to the calling of a public hearing on the City's development district and tax increment financing district. City Administrator-Clerk 2018752vl A-3 ~ '5 l. 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CD 0. 41 2' o ~ -i o ~ i l') o :3 :3 CD ::s go Q. jf a- .., (I) l a- :3 Sum_mary of Referen~e Checks City of Shoreview - . Kevin Chimelewski They have been using Badger/Orion System for about 3 'li years. Kevins comments are as follows: . Local Rep/Dealer . Very Good CustomerSevice . Great Availability of meters and parts . Simple System to use . He has also had good experience using this product at a prior City. City of Rice - Mark Sauer, Public Works Director The City of Rice installed the same system the City of St. Joseph is looking at about 18 months ago. They had the following comments: . Installed approximately 500 meters and like the system very well . Hydro has stood behind their product and is very helpful . The office staff likes the billing system and it is faster and easier to use. . Two staff members can read all the meters in approximately 2.5 hours . The City financed the installation City of Annandale,..... Joe Hallen, Public Works Director The City of Annandale installed the system we are looking at about 2 years. They had the following comments: . Are still in the process of converting the meters and have installed approximately 500 meters at this time. . They are very pleased with the system . According to Joe, the office stafflikes the billing system. . They will continue to replace "x" amount of meters each year until the City is completely converted. The City has received a very extensive list of references from the meter company. They are used nationwide.