HomeMy WebLinkAbout03.01.21
www.cityofstjoseph.com
St. Joseph City Council
March 1, 2021
6:00 PM
**The City Council meeting will be conducted in-person in the council chambers of the St.
Joseph Government Center. Members of the public can attend in-person or via Zoom. Zoom
attendees wanting to speak during item 3. Public Comments, please contact City Clerk Kayla
Klein (320) 229-9421, kklein@cityofstjoseph.com. This will ensure that you will be heard at the
appropriate time during the meeting.**
Join Zoom Meeting
https://zoom.us/j/94610571011?pwd=TEpYdUM2TC96RDNSWFhzWkVaMmkvQT09
Meeting ID: 946 1057 1011
Passcode: 384837
One tap mobile
+13126266799,,94610571011#,,,,*384837# US (Chicago)
+19292056099,,94610571011#,,,,*384837# US (New York)
Dial by your location
+1 312 626 6799 US (Chicago)
+1 929 205 6099 US (New York)
+1 301 715 8592 US (Washington DC)
+1 346 248 7799 US (Houston)
+1 669 900 6833 US (San Jose)
+1 253 215 8782 US (Tacoma)
1. 6:00 PM Call to order - Pledge of Allegiance
2. Oath of Office – Kevin Kluesner
3. Public Comments Up to 3 speakers will be allowed for up to 3 minutes each to address
the council with questions/concerns/comments (regarding an item NOT on the agenda). No
Council response or action will be given/taken other than possible referral to Administration.
4. Approve Agenda
5. Consent Agenda
a. Minutes – Requested Action: Approve the minutes of February 16, 2021 and February
18, 2021.
b. Bills Payable – Requested Action: Approve check numbers 057370-057470, Accounts
Payables EFT #1970-1971, Payroll EFT 112027-112040 and Regular Pay Period 3, 3.01,
4, and City Council Pay Period 2.
c. Millstream Shelter Floor – Requested Action: Approve Facility Health Solutions to deep
clean and coat the concrete floor at the Millstream Park Shelter in the amount of
$5,715.00.
d. Salt Shed Cover – Requested Action: Approve Cobra Construction’s bid in the amount
of $14,380.00 to replace the main cover and one end wall of the salt shed.
e. Mayor Appointment Amendments – Requested Action: Approve the amendments to the
Mayor Appointments for 2021.
6. Wastewater System Use Agreement Exhibit C Amendment
7. Community Center Architect
8. Engineer Reports
9. Mayor Reports
10. Adjourn
75 Callaway Street East | Saint Joseph, Minnesota 56374
Email: cityoffices@cityofstjoseph.com | Phone: 320.363.7201 | Fax 320.363.0342
February 16, 2021
Page 1 of 1
Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session
on Tuesday, February 16, 2021, at 6:00 PM in the St. Joseph Government Center.
Members Present: Mayor Rick Schultz. CouncilorsBrian Theisen,Kelly Beniek
City Representatives Present: Administrator Therese Haffner, City Clerk Kayla Klein, Finance Director
Lori Bartlett, Community Development Director Nate Keller, Public Works Superintendent Ryan
Wensmann, Police Chief Dwight Pfannenstein
Approve Agenda: Theisen made a motion to approve the agenda; seconded by Beniek and passed
unanimously.
Consent Agenda: Theisen made a motion to approve the consent agenda; seconded by Beniek and
passed unanimously.
a.Minutes – Requested Action:Approve the minutes ofFebruary 1, 2021.
b.Financial Report – Requested Action: Approve the financial report as presented.
c.Explore MN Grant Acceptance – Requested Action: Accept the Explore MN Phase II Crisis
Marketing Grant in the amount of $1,250.00.
d.Performance Measurement Survey Results – Requested Action: Execute Resolution 2021-009
Accepting St. Joseph’s Performance Measure Results and Report Results to the State Auditor.
e.POST Eyewitness Identification Policy – Requested Action: Adopt the model policy as
recommended by the MN POST Board.
f.Parklet – Requested Action: Approve parklet location in front of Local Blend (two parking spaces)
for the 2021 season.
g.Defeasance of Outstanding Debt – Requested Action: Execute Resolution 2021-010 Providing
for the Defeasance of Outstanding GO Taxable Abatement Bonds, Series 2015B and Authorizing
the Execution of an Escrow Agreement.
Newsletter Update: Klein presented a change to the newsletter that staff has been working on for quite
some time. The city would partner with Rengel Printing to create two newsletters a year. The booklet
would be sent to all households with 56374 as their zip code which includes all units within apartment
buildings. As part of the partnership, Rengel would sell advertisement that would allow the publication to
pay for itself.
Schultz and Beniek expressed concern about going from having 6 publications a year to two.
General consensus was to have staff gather additional options for what can be done with the newsletter
including publication frequency and potentially having the city contribute more to the cost.
Department Reports: Administration, Community Development, Finance, Public Works, and Police
departments presented their monthly reports to the council.
Closed Meeting: Schultz made a motion for the council to enter into closed session pursuant to MN
Statute 13D.05, Subd. 3 to develop or consider offers or counteroffers for the sale of apportion of
PID 84.53457.0005; seconded by Theisen and passed unanimously.
After reconvening the regular meeting, Schultz made a motion to waive the lease payments for Little
Saints Academy from February 15, 2021 to March 31, 2021; seconded by Theisen and passed
unanimously.
Adjourn: Schultz made a motion to adjourn at 6:45 PM; seconded by Theisen and passed
unanimously.
Kayla Klein
City Clerk
February 18, 2021
Page 1 of 1
Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in special session
on Thursday, February 18, 2021, at 4:00 PM in the St. Joseph Government Center.
Members Present: Mayor Rick Schultz. Councilors Brian Theisen, Kelly Beniek
City Representatives Present: Administrator Therese Haffner, City Clerk Kayla Klein
City Council Vacancy Interviews: Interviews were conducted with the following applicants: Carmie Mick,
Tom Dullinger, Jonathan Hazen, Mike Osterman, Paul Orvis, Paul Phillipp, Kevin Kluesner, and Jaclyn
Johnson.
Loso moved to appoint Kevin Kluesner to fill the City Council Vacancy. The term will be March 1,
2021 – December 31, 2022. The motion was seconded by Beniek and passed unanimously.
Adjourn:Schultzmade amotion to adjourn at 6:35PM; seconded byLosoand passed
unanimously.
Kayla Klein
City Clerk
CouncilAgenda Itemb
MEETING DATE: March 1, 2021
AGENDA ITEM: Bills Payable
SUBMITTED BY: Finance
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: None
PREVIOUS COUNCIL ACTION: See below
BACKGROUND INFORMATION:
The council approved staff to make the following payments through the payroll contracts, regular
monthly invoices with due dates prior to the next scheduled council meeting, or actions taken at
previous council meetings. The information here is to provide you all checks and electronic
payments made for verification of the disbursement completeness.
BUDGET/FISCAL IMPACT:
Bills Payable – Checks Mailed Prior to Council Approval
Check Numbers 057370-057449 $206,349.85
Reg PP 3, Reg PP 3.01, Reg PP 4, CC PP 2 $93,793.85
Accounts Payable EFT #1970-1971 $1,719.65
Payroll EFT #112027-112040 $62,122.22
Total $363,985.57
Bills Payable – Checks Awaiting Council Approval
Check Numbers 057450-057470 $17,045.21
Total $17,045.21
Total Budget/Fiscal Impact: $381,030.78 Various Funds
ATTACHMENTS:
Request for Council Action – Bills Payable
Bills Payable – Checks Mailed Prior to Council Approval
REQUESTED COUNCIL ACTION:
Approval of the following:
Check Numbers 057370-057470
Accounts Payable EFT 1970-1971
Payroll EFT 112027-112040
Reg PP 3, Reg PP 3.01, Reg PP 4, CC PP 2
CITY OF ST JOSEPH
Bills Payable – Checks Not Mailed Awaiting Council Approval
Check#Search NameCommentsAmountFUNDDEPARTOBJ
057450BATTERY WHOLESALE, INC. 2021 - U.P.S. Replacements 160.45 60149440220
057450BATTERY WHOLESALE, INC. 2021 - U.P.S. Replacements 160.45 60249450220
057450BATTERY WHOLESALE, INC. 2021 - 2 Batteries 46.00 10145201220
057450BATTERY WHOLESALE, INC. 2021 - U.P.S. Replacements 160.45 10143120220
057450BATTERY WHOLESALE, INC. 2021 - U.P.S. Replacements 160.45 10145202220
057451CENTRAL MN FIRE AID ASSOC. 2021 - Annual Dues 50.00 10542240433
057452COLLINS BROTHERS TOWING, INC.2021 - Tow - 1999 Chevy Silverado EXN174 125.00 10142120436
057453DELTA DENTAL 2021 - March 2021 Dental Insurance 2,050.60 101
057454EAST SIDE OIL COMPANY 2021 - Filters 60.00 10145201210
057455FORTITUDE SENIOR LIVING 2020 - 1st Half 2020 Additional Tax Settlement - TIF 4-1 51.10 15346500622
057456GALL S INC 2021 - Badge - Brutger 132.00 10142120171
057456GALL S INC 2021 - Dress Vest - Brutger 250.33 10142120171
057456GALL S INC 2021 - Class A Pant - Lyon 55.89 10542220585
057457GRANITE ELECTRONICS, INC 2021 - Pager Repair 68.50 10542250220
057458KENSINGTON BANK 2020 - 1st Half 2020 Additional Tax Settlement - TIF 2-3 12.91 15946500622
057459KERN, DEWENTER, VIERE, LLC 2021 - 2020 Audit 7,000.00 10141540301
057460LEAGUE OF MN CITIES 2021 - PATROL Subscription 990.00 10142120433
057461MARCO, INC 2020 - December 2020 Overpayment (466.95) 10141430410
057461MARCO, INC 2021 - January 2021 Admin Copier 322.73 10141430410
057461MARCO, INC 2021 - February 2021 Admin Copier 322.73 10141430410
057462MEIERHOFER, NIEL 2020 - 2020 FEMA Grant Writing 400.00 10542210300
057463O REILLY AUTO PARTS 2021 - Cabin Filter - #27 4.50 10143120230
057463O REILLY AUTO PARTS 2021 - Cabin Filter - #27 4.49 10145202230
057463O REILLY AUTO PARTS 2021 - Cabin Filter - #27 4.49 60149440230
057463O REILLY AUTO PARTS 2021 - Cabin Filter - #27 4.49 60249450230
057464OFFICE DEPOT 2021 - Toner, Labels, Folders, USB Hub 94.47 10141430200
057464OFFICE DEPOT 2021 - Toner 161.99 10141530200
057464OFFICE DEPOT 2021 - Toner 32.40 60149490200
057464OFFICE DEPOT 2021 - Toner 32.40 60249490200
057464OFFICE DEPOT 2021 - Toner 32.40 60343230200
057464OFFICE DEPOT 2021 - Toner 32.39 65149490200
057465PFANNENSTEIN, HARVEY & CAROL 2020 - 1st Half 2020 Additional Tax Settlement - TIF 2-2 8.29 15846500622
057466PRECISE REFRIGERATION INC 2020 - Replace Contactors on Units #2, 3, 4 442.00 10141942220
057466PRECISE REFRIGERATION INC 2020 - Wash Coils 1 and 2 132.00 10141942220
057467RIDGEWATER COLLEGE 2021 - 2 Year EMR Refresher Course 2,600.00 10542240443
057468SHIFT TECHNOLOGIES, INC. 2021 - Renew Jowtownmn.com Domain 139.00 22046500309
057468SHIFT TECHNOLOGIES, INC. 2021 - Set Up Email on Tablets 112.00 40941430581
057468SHIFT TECHNOLOGIES, INC. 2021 - Software Renewal for Exchange 39.60 10141710215
057468SHIFT TECHNOLOGIES, INC. 2021 - Computer Issues 797.60 10141710310
057469ST. JOSEPH NEWSLEADER, INC 2021 - Snowfest 155.00 10145204340
057470WERNER ELECTRIC SUPPLY 2021 - Fire Hall Supplies 103.06 10542280210
17,045.21
Total Bills Payables - Waiting Council Approval
Summary:
EFTs & Payroll 157,635.72
Bills Paid Prior to Council 206,349.85
17,045.21
Bills Waiting for Council
381,030.78
Total Bills Payable
CITY OF ST JOSEPH
EFTs & Payroll – Paid Prior To Council Approval
Check#Search NameCommentsAmountFUNDDEPARTOBJ
ACHPAYROLLREG PP 3, REG PP 3.01, REG PP 4, CC PP 2 93,793.85
001970PAYMENT SERVICE NETWORK 2021 - January 2021 PSN Fees 133.65 10141530300
001971COMMISSIONER OF REVENUE 2021 - January 2021 Sales/Use Tax (0.06)10141430441
001971COMMISSIONER OF REVENUE 2021 - January 2021 Sales/Use Tax 6.86 10142120441
001971COMMISSIONER OF REVENUE 2021 - January 2021 Sales/Use Tax 221.13 10145202441
001971COMMISSIONER OF REVENUE 2021 - January 2021 Sales/Use Tax 3.81 10141430
001971COMMISSIONER OF REVENUE 2021 - January 2021 Sales/Use Tax 464.82 60100000
001971COMMISSIONER OF REVENUE 2021 - January 2021 Sales/Use Tax 889.44 60300000
112027SENTRY BANK 2021 - EE HSA Contributions - Reg PP 3 1,902.40 101
112028EFTPS 2021 - Tax Withholdings - REG PP 3, CC PP 2, REG PP 3.01 5,026.94 101
112028EFTPS 2021 - Tax Withholdings - REG PP 3, CC PP 2, REG PP 3.01 6,952.06 101
112029COMMISSIONER OF REVENUE 2021 - State Withholding - REG PP 3, REG PP 3.01 2,021.94 101
112030PERA 2021 - Retirement - REG PP 3, CC PP 2 13,680.37 101
112031VOYA FINANCIAL 2021 - Deferred Comp - REG PP 3 1,771.70 101
112032AMERICAN FUNDS 2021 - 529 College Savings Plan - REG PP 3 150.00 101
112033MINNESOTA CHILD SUPPORT CENTER2021 - Child Support - REG PP 3 154.13 101
112034SENTRY BANK Employee HSA Contributions - REG PP 4 1,240.42 101
112035EFTPS Tax Withholdings - REG PP 4 5,073.63 101
112035EFTPS Tax Withholdings - REG PP 4 6,614.58 101
112036COMMISSIONER OF REVENUE State Withholding - REG PP 4 2,002.19 101
112037PERA Retirement - REG PP 4 13,592.73 101
112038VOYA FINANCIAL Deferred Comp - REG PP 4 1,635.00 101
112039AMERICAN FUNDS 529 College Savings Plan - REG PP 4 150.00 101
112040MINNESOTA CHILD SUPPORT CENTERChild Support - REG PP 4 154.13 101
EFT Total 157,635.72
CITY OF ST JOSEPH
Bills Payable – Paid Prior To Council Approval
Check#Search NameCommentsAmountFUNDDEPARTOBJ
057370AFSCME COUNCIL 65 2021 - February 2021 Union Dues 468.00 101
057371BROTHERS FIRE & SECURITY 2021 - Annual Alarm Inspection 325.00 10141942220
057372BRUNO PRESS 2021 - February 2021 CVB Social Media Marketing 750.00 22046500300
057373CIVICPLUS 2021 - Annual Hosting/Support Fee 10,369.69 10141710215
057374COUNTRY MANOR ST. JOSEPH 2020 - 2nd Half 2020 Tax Abatement - School District 4,691.00 15046500622
057375ELECTRIC MIKES, INC. 2020 - Cell Booster in Compressor Room 516.00 10141942220
057375ELECTRIC MIKES, INC. 2020 - WTP #1 Chem Pump Feed 812.00 60149420220
057375ELECTRIC MIKES, INC. 2020 - WTP #1 High Service Pump Testing 220.00 60149420220
057376EVOQUA WATER TECHNOLOGIES, LLC2020 - Bioxide 8,643.02 60249480210
057377GOPHER STATE ONE CALL 2021 - January 2021 Locates 7.43 60149440319
057377GOPHER STATE ONE CALL 2021 - January 2021 Locates 7.42 60249490319
057377GOPHER STATE ONE CALL 2020 - October 2020 Locates (Reissue) 36.45 60149440319
057377GOPHER STATE ONE CALL 2020 - October 2020 Locates (Reissue) 36.45 60249490319
057378LAW ENFORCEMENT LABOR SERVICES2021 - February 2021 Union Dues 571.50 101
057379LEXISNEXIS 2021 - January 2021 SSN Software 100.00 10142120300
057380METERING & TECHNOLOGY SOLUTION2021 - Meters 1,615.98 60149430220
057381MOTOROLA, INC 2020 - 3 Pagers for Fire Department 7,761.69 10542250580
057382MVTL LABORATORIES, INC 2021 - Testing 126.50 60249480312
057383O REILLY AUTO PARTS 2021 - LP Hardware 4.99 10142152230
057384POISSANT, ERIC 2021 - Boot Allowance 62.74 10143120171
057384POISSANT, ERIC 2021 - Boot Allowance 33.02 10145202171
057384POISSANT, ERIC 2021 - Boot Allowance 8.80 10141941171
057384POISSANT, ERIC 2021 - Boot Allowance 5.50 60343230171
057385RAPIDS ALTERATIONS 2021 - Uniform Alterations - Walz 366.72 10142120171
057386SCHWEGEL COMMUNICATIONS INC 2020 - Remote System Programming 25.00 10142151320
057386SCHWEGEL COMMUNICATIONS INC 2020 - Remote System Programming 25.00 60149421300
057387SHIFT TECHNOLOGIES, INC. 2021 - Managed Services - February 2021 297.50 10141710215
057388SHRPA 2021 - Joetown MN - Weekender - Annual Fee 900.00 22046500328
057389THE HARTFORD 2021 - February 2021 Life Insurance 204.87 101
057390TIREMAXX SERVICE CENTERS 2021 - Alternator Repair - #35 581.12 60249450230
057391TRAUT WELLS, INC 2021 - Testing 200.00 60149420312
057392VIKING INDUSTRIAL CENTER, INC2021 - Gloves & Ear Plugs 204.34 60249450210
057392VIKING INDUSTRIAL CENTER, INC2021 - Gloves & Ear Plugs 47.12 10145201210
057393WEST BANK 2020 - 2nd Half 2020 Tax Settlement - School District 1,692.43 15746500622
057394XCEL ENERGY January 2021 Electric/Gas 568.42 10542280383
057394XCEL ENERGY January 2021 Electric/Gas 331.90 60149410381
057394XCEL ENERGY January 2021 Electric/Gas 104.97 60149410383
057394XCEL ENERGY January 2021 Electric/Gas 911.28 60149420381
057394XCEL ENERGY January 2021 Electric/Gas 232.88 60149420383
057394XCEL ENERGY January 2021 Electric/Gas 2,233.37 60149421381
057394XCEL ENERGY January 2021 Electric/Gas 744.13 60149421383
057394XCEL ENERGY January 2021 Electric/Gas 295.05 60149435381
057394XCEL ENERGY January 2021 Electric/Gas 301.72 60249470381
057394XCEL ENERGY January 2021 Electric/Gas 55.13 60249471383
057394XCEL ENERGY January 2021 Electric/Gas 159.55 10141941381
057394XCEL ENERGY January 2021 Electric/Gas 40.77 10141941383
057394XCEL ENERGY January 2021 Electric/Gas 1,136.01 10141942381
057394XCEL ENERGY January 2021 Electric/Gas 834.50 10141942383
057394XCEL ENERGY January 2021 Electric/Gas 7.60 10142500326
057394XCEL ENERGY January 2021 Electric/Gas 125.15 10143120381
057394XCEL ENERGY January 2021 Electric/Gas 163.75 10143120383
057394XCEL ENERGY January 2021 Electric/Gas 41.37 10145123381
057394XCEL ENERGY January 2021 Electric/Gas 37.39 10145123383
057394XCEL ENERGY January 2021 Electric/Gas 83.43 10145201381
057394XCEL ENERGY January 2021 Electric/Gas 422.44 10145201383
057394XCEL ENERGY January 2021 Electric/Gas 619.09 10145202381
057394XCEL ENERGY January 2021 Electric/Gas 76.39 10145202383
057394XCEL ENERGY January 2021 Electric/Gas 2,191.33 10145205381
057394XCEL ENERGY January 2021 Electric/Gas 3,220.42 10145205383
057394XCEL ENERGY January 2021 Electric/Gas 544.66 10542280381
057394XCEL ENERGY January 2021 Electric/Gas 453.77 60249480381
057394XCEL ENERGY January 2021 Electric/Gas 85.51 60249480383
057394XCEL ENERGY January 2021 Electric/Gas 2,524.89 65243160386
057395BLUE CROSS BLUE SHIELD MN 2021 - March 2021 Health Insurance Premium 30,472.58 101
057396FACILITY HEALTH SOLUTIONS 2021 - Strip and Re-Coat Break Room 925.00 10141942220
057397HOLIDAY STORES 2021 - January 2021 Excise Tax Credit (20.90)10145202235
057397HOLIDAY STORES 2021 - January 2021 Excise Tax Credit (37.53)60149440235
057397HOLIDAY STORES 2021 - January 2021 Excise Tax Credit (35.22)60249450235
057397HOLIDAY STORES 2021 - January 2021 PD Car Wash 2.00 10142152235
CITY OF ST JOSEPH
Bills Payable – Paid Prior To Council Approval
Check#Search NameCommentsAmountFUNDDEPARTOBJ
057397HOLIDAY STORES 2021 - January 2021 Fuel Purchases 26.62 10542220235
057397HOLIDAY STORES 2021 - January 2021 Fuel Purchases 17.34 10142152235
057397HOLIDAY STORES 2021 - January 2021 Fuel Purchases 180.08 10143120235
057397HOLIDAY STORES 2021 - January 2021 Fuel Purchases 353.24 10143125235
057397HOLIDAY STORES 2021 - January 2021 Fuel Purchases 180.08 10145202235
057397HOLIDAY STORES 2021 - January 2021 Fuel Purchases 297.27 60149440235
057397HOLIDAY STORES 2021 - January 2021 Fuel Purchases 311.08 60249450235
057397HOLIDAY STORES 2021 - January 2021 Excise Tax Credit (3.13)10542220235
057397HOLIDAY STORES 2021 - January 2021 Excise Tax Credit (1.93)10142152235
057397HOLIDAY STORES 2021 - January 2021 Excise Tax Credit (20.90)10143120235
057397HOLIDAY STORES 2021 - January 2021 Excise Tax Credit (46.12)10143125235
057398MINNESOTA DNR - OMB 2020 - DNR Report - Permit 1898-3101 1,749.85 60149440442
057399RUBINSKI WORKS 2021 - Commercial Video - Feb/Mar/Apr 2021 600.00 15046500300
057400CENTRAL MCGOWAN, INC 2021 - Argon/CO2 32.09 10143120220
057400CENTRAL MCGOWAN, INC 2021 - Argon/CO2 32.09 10145202220
057400CENTRAL MCGOWAN, INC 2021 - Argon/CO2 32.09 60149440220
057400CENTRAL MCGOWAN, INC 2021 - Argon/CO2 32.08 60249450220
057401CINTAS CORPORATION NO. 2 2021 - January Uniforms 36.97 60249450171
057401CINTAS CORPORATION NO. 2 2021 - January Uniforms 2.83 60343230171
057401CINTAS CORPORATION NO. 2 2021 - January Uniforms 3.13 65149900171
057401CINTAS CORPORATION NO. 2 2021 - January Uniforms 37.11 60149440171
057401CINTAS CORPORATION NO. 2 2021 - January Uniforms 16.40 10145202171
057401CINTAS CORPORATION NO. 2 2021 - January Uniforms 16.84 10143120171
057401CINTAS CORPORATION NO. 2 2021 - January Mats/Towels 66.34 60249490210
057401CINTAS CORPORATION NO. 2 2021 - January Mats/Towels 66.34 60149490210
057401CINTAS CORPORATION NO. 2 2021 - January Mats/Towels 66.34 10145201210
057401CINTAS CORPORATION NO. 2 2021 - January Mats/Towels 23.52 10142120210
057401CINTAS CORPORATION NO. 2 2021 - January Mats/Towels 157.60 10141430210
057402FIRSTNET 2021 - January 2021 Cell Phones 76.46 10542250321
057402FIRSTNET 2021 - January 2021 Cell Phones 148.72 10143120321
057402FIRSTNET 2021 - January 2021 Cell Phones 148.72 10145202321
057402FIRSTNET 2021 - January 2021 Cell Phones 97.14 60149440321
057402FIRSTNET 2021 - January 2021 Cell Phones 82.48 60249450321
057402FIRSTNET 2021 - January 2021 Cell Phones 85.36 65149900321
057402FIRSTNET 2021 - January 2021 Cell Phones 44.90 10145204321
057402FIRSTNET 2021 - January 2021 Cell Phones 23.57 10145205321
057402FIRSTNET 2021 - January 2021 Cell Phones 23.57 10141942321
057402FIRSTNET 2021 - January 2021 Cell Phones 35.70 10141910321
057402FIRSTNET 2021 - January 2021 Cell Phones 83.13 10141430321
057402FIRSTNET 2021 - January 2021 Cell Phones 49.93 10141530321
057403FIRSTNET 2021 - January 2021 PD Cell Phones 461.78 10142151321
057404GALL S INC 2021 - Pen - Daniel Pfannenstein 15.99 10142120171
057405INSPECTRON INC 2021 - January 2021 Inspection Services 7,500.00 10142401300
057406JACKS OIL DISTRIBUTING, INC. 2021 - Fuel Tank & Pump 1,512.25 49043120580
057406JACKS OIL DISTRIBUTING, INC. 2021 - Fuel Tank & Pump 1,512.25 49045202580
057406JACKS OIL DISTRIBUTING, INC. 2021 - Fuel Tank & Pump 1,512.25 60149440580
057406JACKS OIL DISTRIBUTING, INC. 2021 - Fuel Tank & Pump 1,512.25 60249450580
057406JACKS OIL DISTRIBUTING, INC. 2021 - Dyed Fuel 552.97 10143120235
057406JACKS OIL DISTRIBUTING, INC. 2021 - Dyed Fuel 552.97 10145202235
057406JACKS OIL DISTRIBUTING, INC. 2021 - Dyed Fuel 552.97 60149440235
057406JACKS OIL DISTRIBUTING, INC. 2021 - Dyed Fuel 552.97 60249450235
057407KWIK TRIP 2021 - January 2021 PD Fuel Purchases 1,968.20 10142152235
057407KWIK TRIP 2021 - January 2021 Excise Tax Credit (228.46)10142152235
057407KWIK TRIP 2021 - January 2021 PD Car Washes 94.00 10142152235
057408KWIK TRIP 2021 - January 2021 Fuel Purchases 16.96 10143120235
057408KWIK TRIP 2021 - January 2021 Fuel Purchases 85.91 10143125235
057408KWIK TRIP 2021 - January 2021 Fuel Purchases 16.96 10145202235
057408KWIK TRIP 2021 - January 2021 Fuel Purchases 16.96 60149440235
057408KWIK TRIP 2021 - January 2021 Fuel Purchases 16.96 60249450235
057408KWIK TRIP 2021 - January 2021 Excise Tax Credit (1.63)10143120235
057408KWIK TRIP 2021 - January 2021 Excise Tax Credit (9.29)10143125235
057408KWIK TRIP 2021 - January 2021 Excise Tax Credit (1.62)10145202235
057408KWIK TRIP 2021 - January 2021 Excise Tax Credit (1.62)60149440235
057408KWIK TRIP 2021 - January 2021 Excise Tax Credit (1.62)60249450235
057409MIDCONTINENT COMMUNICATIONS 2021 - February 2021 Telephone/Fiber 441.20 60149421321
057409MIDCONTINENT COMMUNICATIONS 2021 - February 2021 Telephone/Fiber 356.20 60149420321
057409MIDCONTINENT COMMUNICATIONS 2021 - February 2021 Telephone/Fiber 356.20 10542250321
057409MIDCONTINENT COMMUNICATIONS 2021 - February 2021 Telephone/Fiber 356.20 10145201321
057409MIDCONTINENT COMMUNICATIONS 2021 - February 2021 Telephone/Fiber 149.48 10145205321
CITY OF ST JOSEPH
Bills Payable – Paid Prior To Council Approval
Check#Search NameCommentsAmountFUNDDEPARTOBJ
057409MIDCONTINENT COMMUNICATIONS 2021 - February 2021 Telephone/Fiber 116.20 15046500321
057409MIDCONTINENT COMMUNICATIONS 2021 - February 2021 Telephone/Fiber 220.60 10141430321
057409MIDCONTINENT COMMUNICATIONS 2021 - February 2021 Telephone/Fiber 220.60 10142151321
057409MIDCONTINENT COMMUNICATIONS 2021 - February 2021 Telephone/Fiber 321.19 60149435321
057409MIDCONTINENT COMMUNICATIONS 2021 - February 2021 Telephone/Fiber 321.19 60249480321
057410MN DEPARTMENT OF HEALTH 2021 - 1st Quarter 2021 Service Connection Fees 4,429.00 60149440444
057411NORTHLAND BUSINESS SOLUTIONS 2020 - USB Foot Control Panel 84.90 10142120210
057414O REILLY AUTO PARTS 2021 - Wiper Fluid & Oil 23.94 10143125230
057414O REILLY AUTO PARTS 2021 - Battery Main - Sewer Easement Machine 32.98 60249450220
057414O REILLY AUTO PARTS 2021 - Antifreeze - #91 65.94 10143125230
057415REPUBLIC SERVICES 2021 - January 2021 Refuse Service - Residential 26,215.05 60343230384
057415REPUBLIC SERVICES 2021 - January 2021 Refuse Service - Memorial Park 49.10 60343230384
057416ALL CARE TOWING, INC. 2021 - Tow on 1/8/21 - Toyota Rav 4 72.00 10142120210
057417BATTERY WHOLESALE, INC. 2021 - Batteries - Gen Sets 157.15 60149440230
057417BATTERY WHOLESALE, INC. 2021 - Batteries - Gen Sets 157.15 60249450230
057417BATTERY WHOLESALE, INC. 2021 - Batteries - Gen Sets 31.88 10143120220
057417BATTERY WHOLESALE, INC. 2021 - Batteries - Gen Sets 31.87 10145202220
057418BROTHERS FIRE & SECURITY 2021 - Annual Monitoring 288.00 60149421300
057418BROTHERS FIRE & SECURITY 2021 - Annual Sprinkler Inspections 195.00 10141942300
057419CENTRACARE CLINC 2021 - Random Drug Testing 28.25 60149440300
057419CENTRACARE CLINC 2021 - Random Drug Testing 28.25 60249450300
057420CENTRAL MCGOWAN, INC 2021 - Cylinder 17.36 10145201210
057421CMS, INC 2021 - Door Repair - #27 29.74 10143120230
057421CMS, INC 2021 - Door Repair - #27 29.74 10145202230
057421CMS, INC 2021 - Door Repair - #27 29.73 60149440230
057421CMS, INC 2021 - Door Repair - #27 29.73 60249450230
057422DESIGN ELECTRIC, INC 2021 - Repair Light Pole 146.79 60149420220
057422DESIGN ELECTRIC, INC 2021 - Wire Diesel Dispenser 238.60 10145201220
057423EO JOHNSON BUSINESS TECH 2021 - February 2021 Firewall 352.00 10141710215
057424EVOQUA WATER TECHNOLOGIES, LLC2021 - Bioxide 9,322.33 60249480210
057425FINKEN INC 2021 - Coffee Pot Maintenance 82.50 10141942220
057426FLAHERTY & HOOD, P.A. 2021 - January Labor/Employment Relations 67.50 10141610304
057427FLEET & SURPLUS SERVICES 2021 - January Squad Lease (2 Squads) 1,238.18 10142152414
057428FRONTLINE PLUS INC 2021 - Annual Service/Maintenance of Siren System 650.00 10142500326
057429JOVANOVICH, DEGE & ATHMANN 2021 - General Legal - January 2021 152.00 10141610304
057429JOVANOVICH, DEGE & ATHMANN 2021 - Redevelopment Issue - January 2021 57.00 10141910304
057429JOVANOVICH, DEGE & ATHMANN 2021 - 2021 MN Streetsape Improvements - January 2021 133.00 41143120530
057429JOVANOVICH, DEGE & ATHMANN 2021 - Opatz Lawsuit - January 2021 342.00 10141610304
057430KRIS ENGINEERING INC 2021 - Plow Blades 527.60 10143125230
057431LEAGUE OF MN CITIES 2021 - Annual Regional Safety Group 128.57 10141430212
057431LEAGUE OF MN CITIES 2021 - Annual Regional Safety Group 128.57 10142120212
057431LEAGUE OF MN CITIES 2021 - Annual Regional Safety Group 128.57 10143120212
057431LEAGUE OF MN CITIES 2021 - Annual Regional Safety Group 128.57 10145202212
057431LEAGUE OF MN CITIES 2021 - Annual Regional Safety Group 128.57 10542220212
057431LEAGUE OF MN CITIES 2021 - Annual Regional Safety Group 128.57 60149440212
057431LEAGUE OF MN CITIES 2021 - Annual Regional Safety Group 128.58 60249490212
057432LEES ACE HARDWARE 2021 - Office Supplies 4.68 10542210200
057433MARKETING CONNECTION 2021 - Development of Strategic Plan 1,000.00 15046500300
057434MN COUNTY ATTORNEY ASSOC 2021 - Forfeiture Forms & Property Receipts 44.00 10142120350
057435OPG-3, INC. 2021 - LF Annual Support 1,375.78 10141430215
057435OPG-3, INC. 2021 - LF Annual Support 1,375.78 10141530215
057435OPG-3, INC. 2021 - LF Annual Support 1,375.78 10142120215
057435OPG-3, INC. 2021 - LF Annual Support 687.89 10143120215
057435OPG-3, INC. 2021 - LF Annual Support 687.89 10145202215
057435OPG-3, INC. 2021 - LF Annual Support 1,375.78 10542210215
057435OPG-3, INC. 2021 - LF Annual Support 687.89 15046500215
057435OPG-3, INC. 2021 - LF Annual Support 1,375.78 60149490215
057435OPG-3, INC. 2021 - LF Annual Support 1,375.78 60249490215
057435OPG-3, INC. 2021 - LF Annual Support 687.89 60343230215
057435OPG-3, INC. 2021 - LF Annual Support 1,375.76 65149490215
057436RENGEL PRINTING, INC 2021 - Business Cards - Keller 35.00 10141910200
057437SEH, INC 2021 - MN Home Improvement Devel - January 2021 828.00 10143131303
057437SEH, INC 2021 - Knife River - January 2021 104.00 10143131303
057437SEH, INC 2021 - Distribution Center - January 2021 96.00 10143131303
057437SEH, INC 2021 - Development Inquiries - January 2021 268.80 10141910303
057437SEH, INC 2021 - 2021 Street & Utility Improvement Project - January 2021 557.04 41143120530
057437SEH, INC 2021 - APO - January 2021 96.00 10143131303
057437SEH, INC 2021 - MSA - January 2021 96.00 10143131303
057437SEH, INC 2021 - Project 153724 CO Addendum - January 2021 358.00 10143131303
CITY OF ST JOSEPH
Bills Payable – Paid Prior To Council Approval
Check#Search NameCommentsAmountFUNDDEPARTOBJ
057437SEH, INC 2021 - CIP/General - January 2021 317.80 10143131303
057437SEH, INC 2021 - Phase II/III CR2 Trail - January 2021 1,048.00 20045202530
057437SEH, INC 2021 - Industrial Park E - January 2021 655.65 40843120530
057437SEH, INC 2021 - CR2 Sewer Main Extension - January 2021 2,070.60 60249450530
057437SEH, INC 2021 - Kennedy SW Questions - January 2021 244.00 65149900303
057437SEH, INC 2021 - MS4/GIS Mapping Updates - January 2021 230.00 65149900303
057437SEH, INC 2021 - Dredge Millstream Pond - January 2021 76.80 49045202530
057437SEH, INC 2021 - SJGC ALTA Survey - January 2021 5,064.50 35345204303
057437SEH, INC 2021 - Vista Apartment Development - January 2021 96.00 10143131303
057437SEH, INC 2021 - Phase II/III CR2 Trail - January 2021 1,287.00 20045202303
057437SEH, INC 2021 - 2021 Street & Utility Improvement Project - January 2021 1,550.00 41143120530
057437SEH, INC 2021 - 2019 Street Project - January 2021 838.60 40743120530
057437SEH, INC 2021 - 2020 20th Ave SE Watermain - January 2021 107.50 41043120530
057438SHIFT TECHNOLOGIES, INC. 2021 - Setup Email on Mac - Beniek 68.40 10141110200
057438SHIFT TECHNOLOGIES, INC. 2021 - January 2021 Antivirus 236.25 10141710215
057439SHRED-IT 2021 - January 2021 Shred Service 36.98 10142120300
057439SHRED-IT 2021 - January 2021 Shred Service 36.97 10141430300
057440ST. CLOUD TIMES 2021 - PH Notice - Preliminary Plat 91.17 10141910340
057440ST. CLOUD TIMES 2021 - PH Notice - Variance Request 118.02 10141910340
057441ST. JOSEPH NEWSLEADER, INC 2021 - Budget Summary 189.75 10141530340
057442STEARNS ELECTRIC ASSOCIATION 2021 - January 2021 Electric Service 1,583.29 65243160386
057442STEARNS ELECTRIC ASSOCIATION 2021 - January 2021 Electric Service 50.50 10141942381
057442STEARNS ELECTRIC ASSOCIATION 2021 - January 2021 Electric Service 545.98 10145201381
057442STEARNS ELECTRIC ASSOCIATION 2021 - January 2021 Electric Service 167.02 60249473381
057442STEARNS ELECTRIC ASSOCIATION 2021 - January 2021 Electric Service 98.66 60249472381
057442STEARNS ELECTRIC ASSOCIATION 2021 - January 2021 Electric Service 78.73 60249471381
057443TACTICAL ADVANTAGE 2021 - Duty Belt Loop - Etshokin 19.99 10142120210
057444TIREMAXX SERVICE CENTERS 2021 - Oil Change - #702 69.70 10142152230
057445UNUM LIFE INSURANCE 2021 - March 2021 LTD Insurance 1,187.78 101
057446WRUCK SEWER & PORTABLE RENTAL2021 - January 2021 Portable Toilet 244.00 20545203410
057447STEARNS COUNTY AUDITOR-TREASUR2021 - St. Joseph City Hall Addition Plat Taxes 7,896.00 10145205437
057448STEARNS COUNTY RECORDER 2021 - St. Joseph City Hall Addition Plat Recording Fees 114.00 10141910431
057449UTKE, LAURA 2021 - Refund 2 Dog Licenses - Incorrect City 20.00 10142120
206,349.85
Total Bills Payable - Mailed Prior to Council Approval
CouncilAgenda Item
MEETING DATE:March 1, 2021
AGENDA ITEM: Millstream Shelter Floor
SUBMITTED BY: Public Works
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: Bid approval for sealing concrete
floor at the Millstream shelter.
PREVIOUS COUNCIL ACTION: None
BACKGROUND INFORMATION: Concrete floor at the Millstream shelter has never been sealed and
is showing wear along with many grease stains. The 2021 budget had $10,000.00 set aside for this
project, Facility Health Solutions (FHS) has submitted a bid for $5715.00 which includes deep clean and
coat the concrete floor with high impact performance floor coating. This bid also includes wrap around
floor savers for all chairs and a stain option for the coating. Sealing the concrete would extend the life of
the floor.
BUDGET/FISCAL IMPACT: $5,715.0
ATTACHMENTS: Quote from FHS
REQUESTED COUNCIL ACTION: Approve FHS bid for $5,715.00
26733 168th Ave
Cold Spring, MN 56320 US
(320) 250-1121
Tim@facilityhealth.net
ADDRESSPROPOSAL #21292
DATE 02/19/2021
City of St Joseph MN
Millstream Building
DESCRIPTIONQTYRATEAMOUNT
Deep clean and coat concrete floor with Impact high performance floor 15,295.005,295.00T
coating. Wrap around floor savers for 60 chairs included.
Optional - stain concrete before coating application.1420.00420.00T
SUBTOTAL5,715.00
TAX (0%)0.00
TOTAL
$5,715.00
Accepted ByAccepted Date
CouncilAgenda Item
MEETING DATE:March 1, 2021
AGENDA ITEM: Salt Shed Cover
SUBMITTED BY: Public Works
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: Bid approval for replacement of
salt shed cover.
PREVIOUS COUNCIL ACTION: None
BACKGROUND INFORMATION: Salt shed cover located at the Public Works Building has exceeded
its life expectancy and needs to be replaced. The city has received two bids for this project, Greystone
Construction at $18,995.00 and Cobra Construction at $17,030.00. Cobra allows us the option to replace
the main cover and/or end walls. I recommend the Cobra bid for the main cover and one end wall totaling
$14,380.00.
BUDGET/FISCAL IMPACT: $14,380.00
ATTACHMENTS: Request for Council Action
Quote from Graystone and Cobra Construction
REQUESTED COUNCIL ACTION: Approve Cobra Construction bid for $14,380.00
CouncilAgenda Item
MEETING DATE:March 1, 2021
AGENDA ITEM:
SUBMITTED BY: Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
th
PREVIOUS COUNCIL ACTION: Mayor appointments were approved on January 19.
BACKGROUND INFORMATION: The resignation of Anne Buckvold and the appointment of Kevin
Kluesner to fill the vacancy resulted in the annual Appointments having to be amended. The changes are
as follows:
APO Policy Board Alternate Kevin Kluesner
EDA Kevin Kluesner
Hiring Committee
Kevin Kluesner
Park Board
Kelly Beniek
Personnel Committee Brian Theisen
Rec. Assocation Kelly Beniek
BUDGET/FISCAL IMPACT:
ATTACHMENTS: Amended Mayor Appointments
REQUESTED COUNCIL ACTION: Approve the amendments to the Mayor Appointments for 2021.
Members Brian TheisenMayor SchultzKevin KluesnerInspectron IncKevin KluesnerDale Wick Larry Hosch Doug Danielson Mayor SchultzNate KellerDwight PfannensteinJeff TaufenBob LosoTherese
HaffnerDoug FredricksonGreg SalkJeff TaufenDavid SalzerPaul PhillippKen JacobsonDan MuyresKeith LouwagieAndy LosoMayor SchultzTherese HaffnerGary DonabauerMayor SchultzBrian TheisenKevin
KluesnerBob LosoKelly BeniekBrian TheisenChad Hausmann Carmie MickMike OstermanSentry BankCentral MN Credit UnionRBC FinancialPMA 4MOppenheimer & Co. Inc.UBS Financial NetworkSt. Cloud
TimesSt. Joseph NewsleadersLinda Butenhoff
2021
Fire ChiefAlternate
\[alternate\]2019-2022
2019-20252018-20242018-20242021-2022
City Council
EDA Director
City Administrator
01-01-20 - 01-01-22
St. Joseph Township
Council voting liaison
St. Wendel Township
01-01-21 to 01-01-2301-01-21 to 01-01-2301-01-20 to 01-01-2201-01-20 to 01-01-2201-01-21 to 01-01-2301-01-21 to 01-01-22Planning CommissionPlanning CommissionPlanning Commission
Term Length
One year term
Two Year TermTwo Year TermTwo Year TermTwo Year TermTwo Year TermTwo Year Term
Mayoral Appointments - Amended 3/1/21
Meeting Time & Place 2nd Thursday, 5:00PM, 2nd Tuesday of the following months: February, May, August, November5:30 PM. Fire HallOnly meets for hiring of Department Heads2nd Tuesday,
6:00 PM, Ciy Hall - As needed3rd Monday each month
3rd Tuesday, 12:00 PM, City Hall6 year term, 5 members
CaptainCaptainCaptainCaptainCaptain
All terms are one year in length unless otherwise noted. Longer terms expire January 1 of the cited year.
Administrator
Assistant Fire Chief
Fire Department Officers Fire Chief
Committee Name Acting Mayor APO Policy BoardBuilding Inspector & Compliance OfficerEconomic Development AuthorityEmergency Services Director \[Ord 207\]Fire Advisory BoardFire Relief
Association - MayorForesterHiring CommitteeJoint Planning BoardOfficial DepositoriesOfficial Newspaper - Legal NoticesPark and Rec Board
Members Abby LyonAndy RenneckeTim RockyElijah StenmanKeith SchleperJohn AndersonKelly BeniekMayor SchultzBrian TheisenTherese HaffnerGina DullingerMike OstermanChad Hausmann Anne JarrellCarmie
MickMichael RossBrian TheisenNate KellerRyan WensmanKelly BeniekMayor SchultzEric PoissantKelly BeniekTracy SmithMary BrunoPeter GilitzerAaron RielandKim PoganskiPia LopezAnn & Shawn
RiesnerLeslie LaneNate Keller
20222022202220232023202320212021
Director
\[assistant\]
2020-20232020-20232020-20232019-20222020-20232021-20242019-20222020-20232021-20242019-2022
EDA Director
Council voting liaison
Council non voting liaisonCouncil non voting liaison
St. Joseph Lion Representative
Term Length
Mayoral Appointments - Amended 3/1/21
Meeting Time & Place 6:00PM, City Hall3 year term, 6 members2nd Monday, 6:00 PM, City Hall3 year term, 7 members1st Sunday of the month - St. Joe Legion2nd Monday
All terms are one year in length unless otherwise noted. Longer terms expire January 1 of the cited year.
Committee Name Personnel Committee Planning CommissionRSVP BoardSafety CoordinatorSt. Joseph Recreation AssociationWeed Control CommissionerConvention and Visitor Bureau
CouncilAgenda Item f
MEETING DATE: March 1, 2021
AGENDA ITEM: Off-Site Gambling Permit
SUBMITTED BY: Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION:
BACKGROUND INFORMATION: The Council must review and accept gambling permits that will
allow lawful gambling at specific sites. The St. Joseph Lions has submitted a gambling permit for an
event to be held on April 2, 2021 at Sal’s Bar and Grill.
BUDGET/FISCAL IMPACT:
ATTACHMENTS: Gambling Application
Resolution 2021-012
REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute Resolution
2021-012 Approving the Application to Conduct Off-Site Gambling for St. Joseph Lions.
RESOLUTION 2021-012
APPROVING APPLICATION TO CONDUCT OFF-SITE GAMBLING
FOR ST. JOSEPH LIONS
WHEREAS, Ordinance 602 of the St. Joseph Code of Ordinances outlines the regulations regarding
lawful gambling activities; and
WHEREAS, the St. Joseph Lions has submitted the required application; and
WHEREAS, the St. Joseph Lions has historically complied with all the requirements of Ordinance 602 of
the St. Joseph Code of Ordinances.
NOW THEREFORE BE IT RESOLVED: by the City Council for the City of St. Joseph that the
application submitted by St. Joseph Lions to conduct off-site gambling on April 22, 2021 at Sal’s Bar and
Grill, 109 Minnesota St W, St. Joseph, MN 56374, is hereby approved.
st
Adopted by the City Council of St. Joseph, this 1 day of March, 2021.
Rick Schultz, Mayor
ATTEST
Therese Haffner, City Administrator
CouncilAgenda Item
MEETING DATE: March 1, 2021
AGENDA ITEM: Wastewater System Use Agreement Exhibit C Amendment
SUBMITTED BY: Finance/Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: None
PREVIOUS COUNCIL ACTION: Council reviewed the request for Foley to purchase pooled capacity
from the City of St. Joseph at a workshop in 2019 and Nov. 23, 2020 council meeting consenting to
modifications to the pooled capacity agreement to allow Foley to join the system. The City of St. Joseph
entered into the St. Cloud Area Wastewater Use Agreement in 2010. St. Joseph connected to the St.
Cloud treatment facility in 1986.
BACKGROUND INFORMATION: The City of St. Joseph has been part of the St. Cloud wastewater
treatment since 1986. In early 2000’s, the area cities met to discuss entering into a joint sewer use
agreement managed by the St. Cloud Area Wastewater Advisory Committee (SCAWAC). Prior to this,
each community had their own agreements with St. Cloud. Based on plant expansion needs at the time,
the area cities agreed to a joint agreement that allocated conveyance capacity (pipes and lift stations) and
treatment capacity. In 2010, the Wastewater Treatment Use Agreement was approved. Along with this
agreement, a pooled capacity agreement was adopted. St. Augusta, St. Cloud, Sartell, Sauk Rapids, Waite
Park and St. Joseph make up the St. Cloud Area Wastewater Treatment System.
During the design phase of the plant expansion that began in 2006, the area communities agreed to the
capacity needs in the treatment facility. Each community purchased a portion of the 17.9M gal/day (the
total treatment plant capacity). The capacity is expected to provide current and future capacity through
2030. Because the future is unknown, SCAWAC reserved a pooled capacity of 1.35M gal/day to handle a
possible large industrial user and be reallocated from one community to the other when their capacity
limits are reached. The pooled capacity in 2010 was allocated to each community as follows:
Pool Capacity
City Gal/Day Units (PCU) Percent
St. Cloud 350,000 14 25.92%
Sartell 225,000 9 16.67%
Sauk Rapids 225,000 9 16.67%
St. Joseph 225,000 9 16.67%
Waite Park 225,000 9 16.67%
St. Augusta 100,000 4 7.40%
Total 1,350,000 54 100%
The City of St. Joseph purchased a total of 1.72M gal/day capacity, including the 225K gal/day pooled
capacity. The current average daily flow is under 400K gal/day, approximately 24% of the purchased
capacity. Staff does not anticipate needing the remaining capacity before the next upgrade in 2030.
In 2018/2019, the City of Foley began exploring options to expand their wastewater plant. Due to
regulations and sustainability efforts, Foley requested connecting to the St. Cloud treatment system.
SCAWAC reviewed the options and determined the best way for Foley to attend is to buy the pooled
capacity from the communities that have capacity to sell. Attached is the current flows and capacity
allocation for each community. St. Augusta, St. Joseph and Sartell have the most capacity to sell. St.
Cloud hired AE2S to assist with how to allocate and the cost to purchase from willing communities.
Based on previous meetings with the SCAWAC communities, the table below allocated the pooled
capacity to Foley. Foley is asked to purchase their projected dry weather flow through 2040.
Sale Total
Contract Amount Sale Upfront Debt Service Anticipated New New
CityMGDPCUReimbursementsRedistributionBenefitMDGPCU
St. Cloud 0.000 0$0$0$0 0.35014
Sartell 0.128 5.12 $640,259$621,184 $1,261,443 0.0973.88
Sauk Rapids 0.000 0$0$0$0 0.2259
St. Joseph 0.2259$1,125,455$1,097,000$2,222,4550.0000
Waite Park 0.000 0$0$0$0 0.2259
St. Augusta 0.100 4$772,728$189,764 $962,492 0.0000
Foley 0 0$0$0$0 0.45318.12
Total 0.453 18.12 $2,538,442$1,907,948 $4,446,390 1.35054
Staff reviewed the proposed modifications to Exhibit C of the Wastewater Treatment System Use
Agreement. Modifications proposed allowing for a new user to contract for wastewater treatment and
how the new pool capacity units will be valued and allocated. In addition, Exhibit C is proposed to
change how reimbursements are made when purchasing pool capacity from a contract user. In the
original agreement, the reimbursement would be placed in a fund held by the City of St. Cloud until a
future time when all pool capacity is exhausted. The proposed modifications allow for an upfront
reimbursement to be paid directly to the contract city selling the pool capacity. The new allocation of
pool capacity will allocate future debt and operational payments.
The attached summary memorandum from the City of St. Cloud walks through the changes to the
agreement. The agreement with the redlined changes is also attached along with the clean amended
version. Attachments A and B walk through the calculation of selling capacity to the City of Foley based
on a purchase date of December 2021.
The City of Foley is designing the connection to the St. Cloud Wastewater system. The upfront
reimbursement is not expected until sometime later in 2021, early 2022. The 2022 operational budget
will be modified for the St. Cloud charges based on the new allocations of debt and capacity.
BUDGET/FISCAL IMPACT: $2,222,455 possible benefit
ATTACHMENTS: Request for Council Action – WWSUA Exhibit C Amendment
Summary Memorandum from City of St. Cloud
Resolution 2021-011 Authorizing Approval of the Amendment
Pool Capacity Agreement (Clean)
Attachment A & B
Pool Capacity Agreement (Redlines)
REQUESTED COUNCIL ACTION: Consider adoption of Resolution 2021-011 Authorizing
Approval of the Wastewater Treatment Sewer Use Agreement Exhibit C Wastewater Treatment Facility
Pool Capacity Amendment No. 1 between the City of St. Joseph, Minnesota and the City of St. Cloud,
Minnesota.
SUMMARYMEMORANDUM
To: Tracy Hodel - Public Services Director
City of St. Cloud, MN
From: Shawn Gaddie, P.E.
AE2S Nexus
Re: Proposed Modifications to Exhibit C of the Wastewater Treatment System Use
Agreement: WWTF Pool Capacity
Date: December 10, 2020
Introduction
This memorandum is being provided as a summary overview ofthe proposed amendments and revisions
to Wastewater Treatment Facility (WWTF) Pool Capacity Agreement (PCA), which exists as Exhibit C to all
existing Contract City Wastewater Treatment System Use Agreements, executed by all cities in 2010.
Summary of Request from the City of Foley
The City of Foley, MN has requested to connect to the City’s WWTS, with a total capacity requirement of
0.453 million gallons per day (MGD) through year 2040. PC is defined as the reserve of wastewater
treatment capacity (beyond identified growth needs) constructed in the WWTF expansion project that is
being paid for proportionally by all existing Contract Cities, but that has not been specifically allocated to
any Contract City. The total Pool Capacity constructed in the WWTF expansion project is 1,350,000
gallons per day (1.35 MGD). After sale of capacity to the City of Foley, 0.897 MGD of Pool Capacity will
remain. This amount is in addition to standard capacity for growth that all Contract Cities currently
maintain in the WWTF.
Coordination to Date with Existing Contract Cities
The City of St. Cloud first met with Contract Cities to discuss the sale of PC to the City of Foley in
November of 2019, with additional meetings in December of 2019 and November of 2020. Through these
discussions, a series of modifications to the PCA were identified to allow for the sale of PC to the City of
Foley. In general, the requested modifications can be attributed to two primary points which require
modification to the PCA:
Primary PCA Modification Request #1 – New Contract User: As stated prior, the existing PCA
only allows for the purchase of PC by existing Contract Cities (versus a new Contract User).
Multiple edits are proposed throughout the PCA to allow for this new contemplated PC sale
qualifying event.
Page 1 of 3
Summary Memorandum
Re: Proposed Modifications to Exhibit C of the Wastewater Treatment System Use
Agreement: WWTF Pool Capacity
December 10, 2020
Primary PCA Modification Request #2 – Reimbursement Approach Revision: The existing
PCA specifies that any payments for purchase of PC be held in a Pool Capacity Account to be
distributed to selling Contract Users at a future undetermined point in time when all PC is
exhausted. In lieu of this approach, Contract Cities requested to receive some upfront and
ongoing benefit for any individual PC sale. AE2S Nexus presented a proposed methodology that
was reviewed by all Contract Cities which allowed for an equitable reimbursement and offset of
debt service payments for any proportional sale of PC to a new Contract User. This modification
to allow for upfront reimbursement also require modifications to the PCA.
Summary of Proposed Revisions to the PCA
Provided below is a summary of the identified PCA modifications and their respective purpose, with a
redlined version of the PCA attached. It should be noted that in addition to the two primary points of
modification outlined there are also other minor modifications to the PCA outlined below. These minor
modifications are proposed to clarify various points of ambiguity that were identified through the review
process.
Proposed Edits throughout:
o Revised to allow for Pool Capacity sale in units rounded to the nearest hundredth of an
MGD versus “whole units” of PC which are equal to 0.025 MGD. This change is being
made due to the nature of the capacity request from the City of Foley which did not
match well with the “whole units” approach.
o Revised to use ENR Minneapolis Construction Cost Index (CCI) for the indexation of all
past project costs to today’s dollars versus 20-City CCI. This change is being made to
more accurately represent the construction market conditions for the St. Cloud WWTS.
Article I: Definitions
o Eliminated definition for Pool Capacity Account as this will no longer be utilized under
proposed reimbursement approach.
Article II: Pool Capacity
o Value of Pool Capacity Units: Revised language to include final PCU Value for RUE
project. This final value was never incorporated as intended in the existing PCA. Also
included language to allow for future treatment improvement or expansion projects to be
included to the PCU Value, such as the NR2 project and any other future WWTS
improvement projects.
o Sale of Pool Capacity to New Contract User: Added section to allow for sale of Pool
Capacity to a new Contract User, versus an existing Contract User.
o Payment for Allocation of PCU: This section needed to be amended to allow for
Contract User reimbursements, versus holding the funds in a Pool Capacity Account.
o Payment Timing: Included language to allow for flexibility in exact timing of Purchasing
Contract User’s PCU Payment.
o Distribution of Pool Capacity Account Funds: Eliminated this section as the Pool
Capacity Account will no longer be utilized under revised reimbursement approach.
Page 2 of 3
Summary Memorandum
Re: Proposed Modifications to Exhibit C of the Wastewater Treatment System Use
Agreement: WWTF Pool Capacity
December 10, 2020
Article III: Lease Capacity
o Lease Terms: Revised language for Annual Lease Payment to consider all applicable
projects (i.e. PCU Value for RUE as well as any future applicable projects).
Addition of Attachments:
o A new Attachment A is proposed as an exhibit to better define in a tabular format the
steps outlined for the calculation of upfront reimbursements and the recalculation of
future debt service payments.
o A new Attachment B (Pool Capacity and Cost Allocation, March 4, 2009, Black & Veatch
Corporation) is proposed as an exhibit to clarify the original approach to the calculation
of cost allocation percentages for Contract Users. This memo outlined the foundation for
proportioning of debt service payments for applicable improvements to the WWTS.
Page 3 of 3
RESOLUTION 2021-011
AUTHORIZING APPROVAL OF EXHIBIT C OF THE WASTEWATER
TREATMENT SYSTEM USE AGREEMENT WASTEWATER TREATMENT
FACILITY POOL CAPACITY AMENDMENT NO. 1 BETWEEN THE CITY OF ST.
JOSEPH, MINNESOTA AND THE CITY OF ST. CLOUD, MINNESOTA
WHEREAS, the City of St. Joseph has an interest and desire to continue receiving wastewater
conveyance and treatment services for the City of St. Joseph from the City of St. Cloud through
its St. Cloud Wastewater Treatment System;
WHEREAS, the City of St. Joseph, a contract city, entered into a wastewater treatment system
use agreement with the City of St. Cloud in 2009;
WHEREAS, together with the cities of St. Augusta, St. Joseph, Sauk Rapids, Sartell, St. Cloud
and Waite Park cooperatively adopted the Wastewater Treatment System Use Agreement, which
includes Exhibit C Wastewater Treatment Facility (WWTF) Pool Capacity Agreement, executed
by all cities in 2010;
WHEREAS, the (WWTF) Pool Capacity Agreement set aside 1.35 million gallons per day
reserve in the Wastewater Treatment Facility to lease between contract cities as purchased
capacity is reached before future expansion of the facility;
WHEREAS, the City of Foley requested connection to the St. Cloud Area Wastewater Treatment
Facility with a total capacity requirement of 0.453 million gallons per day through year 2040;
WHEREAS, the City of St. Cloud and the contract cities determined the wastewater treatment
system has the capacity to allow the City of Foley to connect to the system, and determined the
City of Foley will purchase the capacity through Exhibit C WWTF Pool Capacity Agreement;
WHEREAS, the WWTF Pool Capacity Agreement allows for contract cities to purchase
treatment capacity from other contract cities. The agreement modification allows for new cities
to purchase capacity from the contract cities upon agreement by the contract cities;
WHEREAS, the WWTF Pool Capacity Agreement modification revises the calculation of the
value of pool capacity units sold, the cost reimbursement and new distribution of pool capacity
between each contract city;
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED, that the St. Joseph City
Council hereby authorized approval of the Wastewater Treatment System Use Agreement
modifications attached hereto.
st
Adopted by the City Council of the City of St. Joseph this 1 day of March, 2021.
Rick Schultz, Mayor
ATTEST:
Therese Haffner, City Administrator
EXHIBIT C
OF THE WASTEWATER TREATMENT SYSTEM USE AGREEMENT
WWTF POOL CAPACITY
ARTICLE I
DEFINITIONS
Pool Capacity (PC):Pool Capacity is the reserve of wastewater treatment capacity to be
constructed in the WWTF expansion project, but not to be initially allocated to any of the
Contract Users. The total Pool Capacity to be constructed in the WWTF expansion project is
1,350,000 gallons per day (1.35 MGD).
Pool Capacity Unit (PCU):A PCU is a unit of wastewater treatment capacity equal to 25,000
gallons per day (0.025 MGD) of domestic strength wastewater.
Contract Users: Includes all of the parties to this Agreement (i.e. - the cities of St. Cloud, St.
Augusta, St. Joseph, Sartell, Sauk Rapids and Waite Park) who are working together
cooperatively to provide for the rehabilitation, upgrade and expansion of the St. Cloud Area
Wastewater Treatment Facilities (WWTF).
Review Committee: The purpose/role of this committee shall be to review and decide requests
to purchase, sell, or reallocate Pool Capacity and to take related actions as necessary to fulfill the
terms of this Agreement. This committee shall consist of the following members: The St. Cloud
Public Utilities Director or her/his designee, the St. Cloud Public Services Director or her/his
designee, a St. Cloud City Council Member, and one representative each to be appointed by the
City Councils of St. Augusta, St. Joseph, Sartell, Sauk Rapids and Waite Park. The St. Cloud
Public Utilities Director or designee (Director) shall act as chair of the Review Committee.
Review Committee proceedings shall be governed by Roberts Rules. A simple majority vote of
the full committee (i.e.- five affirmative votes) shall be required for approval of Committee
actions.
Wet Weather Period (WWP): A WWP is a time when the total monthly wastewater flow to the
WWTF is elevated by ten percent (10%) or more above the average flow rate due to inflow
and/or infiltration as determined by the St. Cloud Public Utilities Director and presented to the
Review Committee.
ARTICLE II
POOL CAPACITY
Initial Responsibility for Payment:Contract Users shall be responsible for the payment of a
portion of the initial cost to construct Pool Capacity in accordance with the following table:
1
TABLE “A”
Initial Responsibility for Payment of Pool Capacity Construction Costs
**Initial Share of Pool Capacity Costs**
City Gals./day PCU’s Percent
St. Cloud350,000 1425.92%
Sartell 225,000 9 16.67%
Sauk Rapids 225,000 9 16.67%
St. Joseph 225,000 9 16.67%
Waite Park 225,000 9 16.67%
St. Augusta100,00047.40%
Total: 1,350,00054100.00%
The payments to be made by each Contract User for its proportionate share of Pool Capacity are
included in the overall payments for expansion and rehabilitation of the WWTF as provided
elsewhere in this Agreement.
Value of Pool Capacity Units: The cost/value of each PCU shall be based on the actual bid
prices and construction costs for the WWTF Rehab, Upgrade and Expansion (RUE). In addition
to the RUE, any applicable additions to treatment facility capital value (i.e. future improvement
or expansion projects) that benefit the Contract User will be valued as a cost per PCU to be
considered in addition to the RUE. The value of the PCU shall be formally set by the Review
Committee following receipt of bids and construction of each applicable treatment facility
project. The PCU value for each applicable project thusly set by the Review Committee shall be
known as the “Initial PCU Value”. The Initial PCU Value for the WWTF RUE had been
th
determined at $135,073.343 in 2010 dollars. The PCU value will be adjusted on January 15 of
each year by application of the below formula. The adjustment formula shall be applied
separately to each Initial PCU Value for each applicable project.
Adjusted PCU Value = Initial PCU Value multiplied by the ratio of the Engineering News
Record (ENR) Construction Cost Indexat the time of adjustment
divided by the ENR Construction Cost Index at the time of
construction.
Adjusted PCU Value = Initial PCU Value x (ENR2 / ENR1)
Where ENR1 = ENR Minneapolis Construction Cost Index,
General Purpose, at time of construction
and ENR 2 =ENR Minneapolis Construction Cost Index,
General Purpose, at time of adjustment
Qualifying Criteria to Apply for Pool Capacity: A Contract User may, under any of the
following circumstances, make application to purchase Pool Capacity:
2
1. Ordinary Growth - In the event that a Contract User’s monthly average flow during any
period of six consecutive months, exclusive of WWP periods, exceeds 90% of theContract
User’s allocated capacity.
2. Annexation of Existing Developed Areas - In the event that a Contract User is about to enter
an annexation agreement that involves the provision of wastewater collection services to an
existing developed area and the resultant increase in wastewater flow is expected to cause the
Contract User’s monthly average flow to exceed 90% of that Contract User’s allocated
capacity within the subsequent 24-month period. This provision does not apply to orderly
annexation areas that exist as of the date of this Agreement.
3. Pending Commercial or Industrial Development - In the event that a Contract Useris about to
enter an agreement that involves the provision of wastewater collection services to a
proposed significant commercial or industrial development and the resultant wastewater flow
increase is expected to cause the City’s monthly average flow to exceed 90% of that Contract
User’s allocated capacity within the subsequent 24-month period.
Sale of Pool Capacity to New Contract User: If the City of St. Cloud receives a request from
an entity that is not currently a Contract User to receive conveyance and treatment of wastewater,
Pool Capacity may be sold by any one, or a combination of, existing Contract User(s) to meet the
capacity request of the potential newContract User. Pool Capacity for each Contract User
choosing to sell will be reduced by the amount of each Contract User’s respective sale amount,
reducing total Pool Capacity available in reserve. Determination of selling Contract Users will be
based on Contract User’s desire to sell, in consideration of desire to sell of all Contract Users.
Contract Users with a desire to sell agree to offer a sale amount and convene in the interest of
determining the sale distribution amongst willing sellers. If a sale distribution cannot be agreed
upon, and if the quantity of PCUs desired to be sold from all Contract Users exceeds the total
purchase request, the sale will be proportioned amongst all selling Contract Users based on
existing PCU units available.
Submission of Applications:
1. Applications to purchase Pool Capacity Units must be made in writing and submitted to the
Director of Public Utilities for the City of St. Cloud (Director). Applications shall include
background and supporting information as necessary to allow for the fair evaluation of the
Application, or as requested by the Director or the Review Committee.
2. PCU requests shall be in units rounded to the nearest hundredth. Multiple PCU allocations
may be requested/considered, however, if necessary to meet near term needs of existing
developed areas that are in the process of being annexed and/or the needs of pending
commercial or industrial development areas.
3. Applications for Pool Capacity will not be accepted unless PC is available. If PC is not
available, qualifying Contract User’s may apply for Lease Capacity, if available, as provided
under another section of this Agreement.
3
Consideration of Applications:
1. The Director shall, within 30 days of receipt, convene a meeting of the Review Committee to
consider applications for Pool Capacity. This will include a review of available PCUs,
existing capacity utilization, determination of willing sellers, and distribution of sale amounts
amongst willing sellers. The applicant will be invited to the Review Committee meeting to
present information and answer questions.
2. If the Review Committee finds that an Application meets the qualifying criteria set forth
herein, and the cumulative amount of this and all previous PCU’s requested for purchase by
the applicant is less than or equal to that it’s initial cost share of PCU’s as shown in Table
“A”, then the Review Committee shall approve the Application without additional payment.
3. If the Review Committee finds that an Application is consistent with the terms of this
Agreement, but the cumulative amount of this and all previous PCU’s requested for purchase
by the applicant exceeds that it’s initial cost share of PCU’s as shown in Table “A”, then the
Review Committee shall approve the Application subject to the payment of the amount
indicated in the “Payment” section below.
4. If an Application is approved, PC will ordinarily be allocated in units rounded to the nearest
hundredth. If the Review Committee approves only a portion of such request, it shall be in
units rounded to the nearest hundredth and accompanied by a written statement stating the
reasons for such action.
5. If the Review Committee finds that an Application does not meet the qualifying criteria or
does not otherwise comply with the terms of this Agreement, then the Committee shall deny
the request. In this event the Review Committee shall prepare a written statement indicating
the reasons for the denial.
PCU Payment, Debt Service Redistribution, and Reimbursement Methodology
An applicant shall be required to make payment for PCU requests in the form of an Upfront
Payment as well as participation in remaining debt service. The value of the Upfront Payment
will be dependent upon applicable project debt principal paid down at the time of the sale versus
debt principal remaining on each underlying project component of the established PCU value.
Selling Contract Users will be reimbursed based on the percentage of the sale applicable to each
Contract User less any outstanding debt service to be offset by purchasing Contract User’s new
debt allocation percent. A PCU purchase request will involve determining the Upfront Payment
for the purchasing Contract User, redistributing any remaining debt service based on revised debt
service allocations due to redistribution of PCU units, and calculating reimbursements for selling
Contract Users. The steps for determining each of these components are outlined belowwith an
example calculation included in Attachment A.
Upfront Payment Calculation for Purchasing Contract User
Steps for calculation of the Upfront Payment are as follows:
4
1. Determine Value of Sale: Value of Sale will be equal to approved number of PCU units
being sold multiplied by the value of each PCU, defined herein.
2. Recalculate Debt Service Allocation Percentages: Existing Debt Service allocation
percentages will be revised using cost allocation methodology within the existing
contract user agreements, considering reallocation of PCU units due to purchase request.
The original cost allocation methodology is outlined in the 2009 Pool Capacity and Cost
Allocation memorandum (Pool Capacity and Cost Allocation, March 4, 2009, Black &
Veatch Corporation) included as Attachment B.
3. Determine Change in Debt Allocation Percent for Purchasing Contract User: Change
in Debt Allocation Percent equals New Debt Allocation Percent less Existing Debt
Allocation Percent.
4. Identify Outstanding Principal: Outstanding Principal equals principal remaining on
applicable debt service as of date of sale.
5. Determine Change in Debt Allocation Value for Purchasing Contract User:Purchasing
Contract User’s Change in Debt Allocation Value is equal to Change in Debt
Allocation Percent multiplied by Outstanding Principal.
6. Determine Upfront Payment: Upfront Payment is equal to Value of Sale less Change
in Debt Allocation Value for purchasing Contract User.
Debt Service Redistribution
The recalculated debt service allocation percentages for the WWTF RUE as well as recalculated
debt service allocation for any applicable additions to treatment facility PCU value will be used
to redistribute remaining debt service payments for each project component.
Reimbursements for Selling Contract User
The Contract User Reimbursements are a distribution of the Total Upfront Payment. Steps
for calculation of Contract User Reimbursements are as follows:
1. Calculate Reimbursements for Selling Contract Userswithout Debt Outstanding:For
Selling Contract Users without debt outstanding (i.e. project cost share was prepaid),
Contract User Reimbursement equals PCU Value multiplied by PCUs sold.
2. Calculate Reimbursements for Selling Contract Users with Debt Outstanding: For
Selling Contract Users with debt outstanding, Contract User Reimbursement equals Total
Upfront Payment less reimbursements calculated under Step 1, multiplied by proportion
of remaining PCUs sold, excluding PCUs accounted for in Step 1.
Payment Timing:The amount required herein shall be paid in full within 60 days of the date of
approval by the Review Committee. Payment shall be made to the City of St. Cloud Public
Utilitiesfor reimbursement to selling Contract UsersIf payment is not received within the time
specified, the Review Committee’s action to allocate PCU to the applicant shall be considered
5
null and void. If applicant cannot meet specified timeline, a written requestto adjust the payment
timingcan be submitted to the Review Committee for consideration.
Capacity Report: The Director shall annually provide a written report to the Contract Users
summarizing the wastewater flow rates, allocated WWTF capacity, and allocated Pool Capacity
for each Contract User, and the status of the Pool Capacity reserve.
ARTICLE III
LEASE CAPACITY
Application for Lease Capacity: If a Contract User meets the qualifying criteria to apply for
Pool Capacity, but all 54 PCU’s have been allocated, then that Contract User may make
application to lease Unused Capacity, if available.
Unused Capacity: In the event that a Contract User makes application to lease Unused Capacity
from other Contract Users, then the Review Committee shall review the existing flow rates for
all Contract Users. If at that time the Review Committee finds that the average flow for any
Contract User during any period of six consecutive months, exclusive of WWP periods, is less
than 90% of that Contract User’s allocated capacity, then the Review Committee may declare a
portion of that Contract User’s allocated capacity to be Unused Capacity
The maximum amount of a City’s allocated capacity that may be declared to be Unused Capacity
shall be determined by multiplying a City’s total allocated capacity by ninety percent (90%) and
then subtracting that City’s average monthly flow during the preceding six consecutive month
period exclusive of WWP periods, and then rounding PCU’s to the nearest hundredth.
Unused Capacity will be removed from the City’s allocated capacity until additional plant
capacity is made available by expansion or other means and shall be assigned to the Unused
Capacity Pool as described below. Unused capacity will be returned to a City when additional
plant capacity is made available to all lease holders.
A City may opt not to allow the reassignment of any portion of its allocated capacity to the
Unused Capacity Pool, however, in this event, that City shall agree to work proactively with the
other Contract Users in good faith to expand the capacity of the WWTF.
Unused Capacity Pool: The Unused Capacity thusly determined from all Cities shall be
assigned to the Unused Capacity Pool. Unused Capacity may then be subject to the Lease
provisions set forth herein if so determined by the Review Committee.
Lease of Unused Capacity:
1. If Unused Capacity from one or more cities has been declared by the Review Committee and
a City meets the qualifying criteria to apply for Pool Capacity then that City is eligible to
lease Unused Capacity from the Unused Capacity Pool.
2. Unused Capacity will be allocated by the Review Committee in PCU’s rounded to the nearest
hundredth whenever possible up to the number of PCU’s that exceeds the applicant’s
6
demonstrated need according to the qualifying criteria for Pool Capacity. Unused Capacity
thusly allocated to an applicant shall also be known as Lease Capacity.
3. If the Review Committee finds that an Application does not meet the qualifying criteria or
does not otherwise comply with the terms of this Agreement, then the Committee shall deny
the request. In this event the Review Committee shall prepare a written statement indicating
the reasons for the denial.
Lease Terms:
1. Once allocated, Lease Capacity shall be assigned to the applicant City until any of the
following events occur: a) the WWTF is expanded, b) theReview Committee determines that
the applicant no longer needs or qualifies for Lease Capacity, or c) this Agreement is
otherwise lawfully terminated.
2. An applicant shall be required to make annual payment in the following amount in
consideration for Lease Capacity:
Annual Lease Payment = Number of leased PCU’s multiplied by the most recently
determined PCU value for each applicable project multiplied by a factor of .05 (5.0%).
Annual Lease Payment = Number of PCU’s x Adjusted PCU Value for each applicable
project x .050
3. The lease payment shall be made in a lump sum within 30 days of the approval of the lease
by the Review Committee, and shall thereafter be paid annually within 30 days of receipt of
th
invoice which will follow after the January 15 PCU value adjustment. The initial lease
payment will be pro-rated from the date of approval of the Lease Capacity to the end of the
year.
4. Payments shall be made directly to the City of St. Cloud Public Utilities and deposited in the
Lease Capacity Account. If payment is not received within the time specified, the Review
Committee may take action to revoke the lease.
Distribution of Lease Capacity Account Funds:
The distribution of lease capacity account funds will be made annually. Funds will be distributed
to those Cities for which an Unused Capacity determination has been made in proportionate to
each Contract User’s share of the Total Unused Capacity Pool. Distributions shall be made
within 30 days after the Lease Capacity Payments are due.
ARTICLE IV
DISPUTES AND REMEDIES
In addition to the remedies provided in this Exhibit and Article IV of Wastewater Treatment
System Use Agreementand those normal remedies provided by law for breach of contract, the
parties specifically agree that this Agreement may be enforced in a Court of competent
jurisdiction by an action to require specific performance.
7
POOL CAPACITY AGREEMENT – AMENDMENT NO. 1 – SIGNATURE PAGE
CITY OF ST CLOUD CITY OF WAITE PARK
____________________________ ____________________________
Mayor Mayor
____________________________ ____________________________
Date Date
____________________________ ____________________________
City Clerk City Clerk
____________________________ ____________________________
Date Date
CITY OF SARTELLCITY OF SAUK RAPIDS
____________________________ ____________________________
Mayor Mayor
____________________________ ____________________________
Date Date
____________________________ ____________________________
City Clerk City Clerk
____________________________ ____________________________
Date Date
CITY OF ST. JOSEPHCITY OF ST AUGUSTA
____________________________ ____________________________
Mayor Mayor
____________________________ ____________________________
Date Date
____________________________ ____________________________
City Clerk City Clerk
____________________________ ____________________________
Date Date
8
ATTACHMENT A
PCU PAYMENT, DEBT SERVICE REDISTRIBUTION, AND REIMBURSEMENT METHODOLOGY
Inputs
POOL CAPACITY SALE DETAILS
Sale Overview
Purchasing User - "New" or Existing Contract User NameNew
Purchase Amount - MGD0.453
Purchase Amount - PCU Units18.120
Purchase Date - Month and YearDecember 2021
Sale Distribution
Existing Pool Capacity
Available
Sale - MGDSale - PCU Sale Distribution
St. Cloud0.3500.0000.0000%
Sartell0.2250.1285.12028%
Sauk Rapids0.2250.0000.0000%
St. Augusta*0.1000.1004.00022%
St. Joseph0.2250.2259.00050%
Waite Park0.2250.0000.0000%
Total1.350.45318.120100%
PCU Value
RUENR2
Project Cost Year20102018
PCU Value - Project Cost Year$ 135,075.43 $ 54,902.28
ENR CCI - Project Cost Year 10,086.5 13,127.9
ENR CCI- Sale Month and Year 13,455.00 13,455.00
PCU Value - Sale Year 180,186 56,270
UPFRONT PAYMENT CALCULATION FOR PURCHASING CONTRACT USER
Step 1: Determine Value of Sale
Value of Sale will be equal to approved number of PCU units being sold multiplied by the value of each PCU.
RUENR2
PCU Units18.12018.120
PCU Value - Sale Year 180,186 56,270
Value of Sale$ 3,264,966 $ 1,019,614
Step 2: Recalculate Debt Service Allocation Percentages
Debt Service Allocation Percentages are revised using cost allocation methodology within the existing contract user
agreements, considering reallocation of PCU units due to purchase request. The original cost allocation methodology is
outlined in the 2009 Pool Capacity and Cost Allocation memorandum (Pool Capacity and Cost Allocation, March 4, 2009,
Black & Veatch Corporation).
RUE Debt Service Allocation
Contract UserExisting Allocation %Revised Allocation %
St. Cloud37.26%37.26%
Sartell29.89%28.17%
Sauk Rapids12.96%12.96%
St. Augusta0.00%0.00%
St. Joseph11.28%8.27%
Waite Park8.61%8.61%
New0.00%4.73%
Total100.00%100.00%
NR2 Debt Allocation
Contract UserExisting Allocation %Revised Allocation %
St. Cloud34.47%34.47%
Sartell27.65%26.06%
Sauk Rapids11.99%11.99%
St. Augusta7.50%6.26%
St. Joseph10.44%7.65%
Waite Park7.96%7.96%
New0.00%5.61%
Total100.00%100.00%
ATTACHMENT A
PCU PAYMENT, DEBT SERVICE REDISTRIBUTION, AND REIMBURSEMENT METHODOLOGY
Inputs
Step 3: Determine Change in Debt Allocation Percent for Purchasing Contract User
Change in Debt Allocation Percent equals New Debt Allocation Percent less Existing Debt Allocation Percent.
RUENR2
Purchasing Contract User - Existing Debt Allocation Percent0.00%0.00%
Purchasing Contract User - New Debt Allocation Percent4.73%5.61%
Purchasing Contract User - Change in Debt Allocation Percent4.73%5.61%
Step 4: Identify Outstanding Principal
Principal Remaining on applicable projects as of date of sale.
RUENR2
Remaining Debt Principal (12/31/2021)$ 20,343,000$ 13,968,000
Step 5: Determine Change in Debt Allocation Value for Purchasing Contract User
Change in Debt Allocation Value equals Change in Debt Allocation Percent multiplied by Outstanding Principal
Purchasing Contract User - Change in Debt Allocation Percent4.73%5.61%
Remaining Debt Principal (12/31/2021)$ 20,343,000$ 13,968,000
Purchasing Contract User - Change in Debt Allocation Value$ 962,016$ 784,121
Step 6: Determine Upfront Payment
Upfront Payment is equal to Value of Sale less Change in Debt Allocation Value for Purchasing Contract User.
Value of Sale$ 3,264,966$ 1,019,614
Purchasing Contract User - Change in Debt Allocation Value$ 962,016 $ 784,121
Purchasing Contract User - Total Upfront Payment 2,302,950 235,492
REIMBURSEMENTS FOR SELLING CONTRACT USERS
Step 1: Calculate Reimbursements for Selling Contract Users without Debt Outstanding
For Selling Contract Users without debt outstanding, (i.e. project cost share was prepaid), Contract User Reimbursement equals PCU Value multiplied by PCUs
sold.
Contract UserRUENR2
St. Cloud$ - $ -
Sartell$ - $ -
Sauk Rapids$ - $ -
St. Augusta*$ 720,742.95 $ -
St. Joseph$ - $ -
Waite Park$ - $ -
Total$ 720,742.95 $ -
Step 2: Calculate Reimbursements for Selling Contract Users with Debt Outstanding
For Selling Contract Users with debt outstanding, Contract User Reimbursement equals Total Upfront Payment less reimbursements calculated under Step 1
multiplied by proportion of remaining PCUs sold, excluding PCUs accounted for in Step 1.
RUENR2
Remaining Contract User Reimbursements $ 1,582,207 $ 235,492
Contract UserRUENR2
St. Cloud$ - $ -
Sartell$ 573,718 $ 66,541
Sauk Rapids$ - $ -
St. Augusta$ - $ 51,985
St. Joseph$ 1,008,489$ 116,966
Waite Park$ - $ -
Total$ 1,582,207 $ 235,492
Total Reimbursement Summary
Contract UserRUENR2Total
St. Cloud$ - $ - $ -
Sartell$ 573,718 $ 66,541$ 640,259
Sauk Rapids$ - $ - $ -
St. Augusta$ 720,743 $ 51,985$ 772,728
St. Joseph$ 1,008,489$ 116,966 $ 1,125,455
Waite Park$ - $ - $ -
Total$ 2,302,950 $ 235,492 $ 2,538,442
City of St. Cloud, MN
Pool Capacity and Cost Allocations
A.Introduction
This memorandumdiscusses the inclusion of capacity in excess of that projected as necessary to
meet the joint future needs of the cities of St. Cloud (facility owner), Sartell, Sauk Rapids, St
August, St. Joseph, and Waite Park to accommodate unanticipated growth.This additional
capacity is termed pool.
Also discussed is the methodology for allocation of treatment upgrade, expansion, and
rehabilitation flows and costs by city.
B. Pool Capacity
Pool capacity would be available to any Project Partner on a first come first serve basis and
would not be pre-allocated to any city.The cost for the initially assigned pool capacity for each
Partner would be included in the overall payments for the Phase I project costs (treatment
upgrade, expansion, and rehabilitation).Each Partner would receive a credit equal to their initial
pool assignment.Following are the proposed initial pool capacities.
Table 1
Initial Phase I Pool Capacities
CityCapacity, gpdPercent of Total, %
St. Cloud350,00025.93
Sartell225,00016.67
Sauk Rapids225,00016.67
St. Augusta100,0007.41
St. Joseph225,00016.67
Waite Park225,00016.67
Total1,350,000100.00
It is anticipated that the pool capacity will be evaluated as part of any expansion that follows
Phase I and reestablished as desired at that time.
C. Flow Allocations
It is currently planned that the facility would be expanded in two phases.Phase I construction
willbe completed by year 2012and operational through year 2017.Phase II construction will
be completed in year 2017 operational through year 2030.Due to the uncertainties in treatment,
capacity, and pool requirements beyond year 2017, it is recommended that a facility plan be
commissioned in the future as the need for the Phase II expansion approaches.Therefore, cost
allocations are presented only for Phase I.Flow allocations are shown for both phases however,
no pool allowance is included in the Phase II projections.
Following are the projected flow allocations for each city.
St. Cloud, MNPage 1
March 4, 2009
City of St. Cloud, MN
Table 2
Phase I Flow AllocationsPhase II
Total Flow
Allocation
(no pool)
Current Contract,Flow Projection, Pool Allocation, Total FlowTotal Flow,
CitymgdmgdmgdAllocation,mgd
mgd
St Cloud9.277.560.3507.9108.80
Sartell0.812.200.2252.4253.11
Sauk Rapids1.331.570.2251.7951.96
St Augusta0.000.380.1000.4800.88
St Joseph0.600.890.2251.1151.72
Waite Park0.991.050.2251.2751.43
Total13.0013.651.35015.00017.90
D.Cost Allocations
The facility improvement costs were separated into the following three categories.The costs are
for construction and do not include engineering.
Treatment Upgrades–This category includes improvements to the existing facilities and new
facilities that will be necessary to meet the anticipated more stringent NPDES permit
requirements.Based on several discussions with the Minnesota Pollution Control Agency
(MPCA), the additional requirements will likely be imposed on the facility as part of the permit
renewal process in future years.The upgrade costs were allocated to each community based on
their Phase I projected flows relative to the overall total projected flow.The estimated total
Phase I treatment upgrade cost is $15,930,909.
Table 3
Treatment Upgrade Costs
City2017 Flow2017 Total Percent of Total Total Upgrade City’s Share of
Projection (no Plant Demand, Demand, %Cost,Total Upgrade
pool), mgdmgd$Cost, $
1
St Cloud7.9113.6557.9515,930,9099,231,757
Sartell2.206.0936.136,699,1522,420,055
Sauk Rapids1.576.0925.786,699,1521,727,039
St Augusta0.386.096.246,699,152418,009
St Joseph0.896.0914.616,699,152979,022
Waite Park1.056.0917.246,699,1521,155,026
----
Total15,930,909
1
St Cloud’scurrent contract amount of 9.27 mgd is greater than their 2017 allocation of 7.91
mgd. Therefore, no expansion is required to meet St Cloud’s demands.St Cloud’s share of the
treatment upgrade cost is based on their percentage of the total 2017 flow projection of 13.65
mgd and their total allocation of 7.91 mgd.. The other cities’costs are based on their percentage
of the combined projected flowfor the 5 cities. The sum of the other cities’ flow is 6.09 mgd, so
their individual portion of the total upgrade cost is their individual component of the fraction not
paid by St Cloud ($15,930,090-$9,231,757=$6,699,152).
St. Cloud, MNPage 2
March 4, 2009
City of St. Cloud, MN
Expansion–This category includes improvements to the existing facilities and new facilities that
would be needed to meet the total projected flow demands for each community plus the pool
allowance.The expansion costs were allocated to each community based on their total flow
allocation for Phase I (projected + pool) minus their current contracted flow.The estimated total
Phase I expansion cost is $17,194,066.
Table 4
ExpansionCosts
CityCurrent 2017 Total Flow Expansion Flow Percent of City’s Share of
Contract, mgdAllocation, mgdRequirement, Expansion Total
mgdFlow, %Expansion
Cost, $
St Cloud9.277.91000.000
Sartell0.812.4251.6248.38%8,265,397
Sauk Rapids1.331.7950.4713.86%2,397,985
St Augusta0.000.4800.4814.16%2,449,006
St Joseph0.601.1150.5115.04%2,602,069
Waite Park0.991.2750.298.55%1,479,608
Total13.0015.0003.37100.0017,194,066
Rehabilitation–This category includes renovation and replacement of existing facilities due to
physical condition, obsolescence, or incompatibility with current operations.The conversion
from gaseous chlorine to ultraviolet disinfection is also planned.Only the costs for
rehabilitations needed within the next 5 years were included. Since the rehabilitation
improvements will have a useful life until the end of Phase II, these costs were allocated to each
community based on their Phase II total projected flow relative to the total projected Phase II
flow of 17.90 mgd.The estimated total Phase I rehabilitation cost is $14,875,025.
Table 5
Rehabilitation Costs
CityPhase II Total Percentage of City’s Share of Total
Flow Total Phase II Rehabilitation Cost, $
Allocation, mgdFlow, %
St Cloud8.8049.167,312,861
Sartell3.1117.372,584,432
Sauk Rapids1.9610.951,628,774
St Augusta0.884.92731,286
St Joseph1.729.611,429,332
Waite Park1.437.991,188,340
Total17.90100.0014,875,025
St. Cloud, MNPage 3
March 4, 2009
City of St. Cloud, MN
Basis of Costs-The construction costs (includes constructionandcontingency) were estimated
based on conceptual designs and facility condition assessments and priced using historical data
from similar projects.No engineering costs are included. All costs were based on January, 2006
estimated pricesand projected to January 1, 2010 using an annual inflation rate of 5.5 percent.
Following are the cost allocations for each city.
Table6
Construction Cost Allocations
Upgrades, $
Expansion, $Rehabilitation, $TotalConstruction
CityCost, $
St Cloud9,231,75707,312,86116,544,618
Sartell2,420,0558,265,3972,584,43213,269,884
Sauk Rapids1,727,0392,397,9851,628,7745,753,799
St Augusta418,0092,449,006731,2863,598,302
St Joseph979,0222,602,0691,429,3325,010,424
Waite Park1,155,0261,479,6081,188,3403,822,974
Total15,930,90917,194,06614,875,02548,000,000
St. Cloud, MNPage 4
March 4, 2009
EXHIBIT C
OF THE WASTEWATER TREATMENT SYSTEM USE AGREEMENT
WWTF POOL CAPACITY
ARTICLE I
DEFINITIONS
Pool Capacity (PC): Pool Capacity is the reserve of wastewater treatment capacity to be
constructed in the WWTF expansion project, but not to be initially allocated to any of the the
Contract UsersProject Partners. The total Pool Capacity to be constructed in the WWTF
expansion project is 1,350,000 gallons per day (1.35 MGD).
Pool Capacity Account (PCA): This is a special account to be established by the City of St.
Cloud for the deposition of payments received from the Project Partners in consideration for the
allocation of excess Pool Capacity as provided elsewhere in this Agreement. Funds that are
deposited in this account shall be invested by the City of St. Cloud, with interest to accrue to the
PCA.
Pool Capacity Unit (PCU): A PCU is a unit of wastewater treatment capacity equal to 25,000
gallons per day (0.025 MGD) of domestic strength wastewater.
Contract UsersProject Partners: Includes all of the parties to this Agreement (i.e. - the cities of
St. Cloud, St. Augusta, St. Joseph, Sartell, Sauk Rapids and Waite Park) who are working
together cooperatively to provide for the rehabilitation, upgrade and expansion of the St. Cloud
Area Wastewater Treatment Facilities (WWTF).
Review Committee: The purpose/role of this committee shall be to review and decide requests
to purchase, sell, or reallocate Pool Capacity and to take related actions as necessary to fulfill the
terms of this Agreement. This committee shall consist of the following members: The St. Cloud
Public Utilities Director or her/his designee, the St. Cloud Public Services Director or her/his
designee, a St. Cloud City Council Member, and one representative each to be appointed by the
City Councils of St. Augusta, St. Joseph, Sartell, Sauk Rapids and Waite Park. The St. Cloud
Public Utilities Director or designee (Director) shall act as chair of the Review Committee.
Review Committee proceedings shall be governed by Roberts Rules. A simple majority vote of
the full committee (i.e.- five affirmative votes) shall be required for approval of Committee
actions.
Wet Weather Period (WWP): A WWP is a time when the total monthly wastewater flow to the
WWTF is elevated by ten percent (10%) or more above the average flow rate due to inflow
and/or infiltration as determined by the St. Cloud Public Utilities Director and presented to the
Review Committee.
1
ARTICLE II
POOL CAPACITY
Initial Responsibility for Payment: Contract Users Project Partners shall be responsible for the
payment of a portion of the initial cost to construct Pool Capacity in accordance with the
following table:
Initial Responsibility for Payment of Pool Capacity Construction Costs
**Initial Share of Pool Capacity Costs**
City Gals./day Percent
St. Cloud 350,000 14 25.92%
Sartell 225,000 9 16.67%
Sauk Rapids 225,000 9 16.67%
St. Joseph 225,000 9 16.67%
Waite Park 225,000 9 16.67%
St. Augusta 100,000 4 7.40%
Total: 1,350,000 54 100.00%
The payments to be made by each Contract User City for its proportionate share of Pool Capacity
are included in the overall payments for expansion and rehabilitation of the WWTF as provided
elsewhere in this Agreement.
Value of Pool Capacity Units: The cost/value of each PCU shall be based on the actual bid
prices and construction costs for the WWTF Rehab, Upgrade and Eexpansion (RUE). In addition
to the RUE, any applicable additions to treatment facility capital value (i.e. future improvement
or expansion projects) that benefit the Project PartnersContract User will be valued as a cost per
PCU to be considered in addition to the RUE. The value of the PCU shall be formally set by the
Review Committee following receipt of bids and construction of each applicable treatment
facility projectthe WWTF expansion project. The PCU value for each applicable project thusly
The Initial PCU Value
for the WWTF RUE had been determined at $135,073.343 in 2010 dollars.At this time it is
estimated that the Initial PCU Value will be approximately $100,000. The PCU value will be
th
adjusted on January 15 of each year by application of the below following formula.: The
adjustment formula shall be applied separately to each Initial PCU Value for each applicable
project.
Adjusted PCU Value = Initial PCU Value multiplied by the ratio of the Engineering News
Record (ENR) Construction Cost Index at the time of adjustment
divided by the ENR Construction Cost Index at the time of
construction.
2
Adjusted PCU Value = Initial PCU Value x (ENR2 / ENR1)
Where ENR1 = ENR Minneapolis20-City Construction Cost
Index, General Purpose, at time of
construction
and ENR 2 = ENR Minneapolis20-City Construction Cost
Index, General Purpose, at time of
adjustment
Qualifying Criteria to Apply for Pool Capacity: A Contract User City may, under any of the
following circumstances, make application to purchase Pool Capacity:
1. Ordinary Growth - In the event that a Contract UserCity
period of six consecutive months, exclusive of WWP periods, exceeds 90% of the Contract
UserCity
2. Annexation of Existing Developed Areas - In the event that a City Contract User is about to
enter an annexation agreement that involves the provision of wastewater collection services
to an existing developed area and the resultant increase in wastewater flow is expected to
cause the Contract UserCityContract
Userallocated capacity within the subsequent 24-month period. This provision does not
apply to orderly annexation areas that exist as of the date of this Agreement.
3. Pending Commercial or Industrial Development - In the event that a Contract UserCity is
about to enter an agreement that involves the provision of wastewater collection services to a
proposed significant commercial or industrial development and the resultant wastewater flow
Contract
UserCity-month period.
Sale of Pool Capacity to New Contract User: If the City of St. Cloud receives a request from
an entity that is not currently a Contract User to receive conveyance and treatment of wastewater,
Pool Capacity may be sold by any one, or a combination of, existing Contract User(s) to meet the
capacity request of the potential new Contract User. Pool Capacity for each Contract User
choosing to sell will be reduced by the amount of each respective sale amount,
reducing total Pool Capacity available in reserve. Determination of selling Contract Users will be
based on Contra desire to sell, in consideration of desire to sell of all Contract Users.
Contract Users with a desire to sell agree to offer a sale amount and convene in the interest of
determining the sale distribution amongst willing sellers. If a sale distribution cannot be agreed
upon, and if the quantity of PCUs desired to be sold from all Contract Users exceeds the total
purchase request, the sale will be proportioned amongst all selling Contract Users based on
existing PCU units available.
Submission of Applications:
3
1. Applications to purchase Pool Capacity Units must be made in writing and submitted to the
Director of Public Utilities for the City of St. Cloud (Director). Applications shall include
background and supporting information as necessary to allow for the fair evaluation of the
Application, or as requested by the Director or the Review Committee.
2. PCU requests shall be in whole units rounded to the nearest hundredth. Multiple PCU
allocations may be requested/considered, however, if necessary to meet near term needs of
existing developed areas that are in the process of being annexed and/or the needs of pending
commercial or industrial development areas.
3. Applications for Pool Capacity will not be accepted unless PC is available. If PC is not
available, qualifying Contract UserCity
provided under another section of this Agreement.
Consideration of Applications:
1. The Director shall, within 30 days of receipt, convene a meeting of the Review Committee to
consider applications for Pool Capacity. This will include a review of available PCUs,
existing capacity utilization, determination of willing sellers, and distribution of sale amounts
amongst willing sellers. The applicant City will be invited to the Review Committee meeting
to present information and answer questions.
2. If the Review Committee finds that an Application meets the qualifying criteria set forth
the applicant City is less than or equal to that itCity
payment.
3. If the Review Committee finds that an Application is consistent with the terms of this
by the applicant City exceeds that itCity
then the Review Committee shall approve the Application subject to the payment of the
4. If an Application is approved, PC will ordinarily be allocated in units rounded to the nearest
hundredth. increments of one PCU at a time. If the Review Committee approves only a
portion of such request, it shall be in whole units rounded to the nearest hundredth and
accompanied by a written statement stating the reasons for such action.
5. If the Review Committee finds that an Application does not meet the qualifying criteria or
does not otherwise comply with the terms of this Agreement, then the Committee shall deny
the request. In this event the Review Committee shall prepare a written statement indicating
the reasons for the denial.
Payment for the Allocation of PCU:
1.
4
2. An applicant City shall be required to make payment in the following amount for the
a
Payment = The payment amount shall be equal to the approved number of Pool
value of each Pool Capacity Unit as defined herein, multiplied by the
factor 1.075 (7.5%).
Payment = Excess PCU x Adjusted PCU Value x 1.075
PCU Payment, Debt Service Redistribution, and Reimbursement Methodology
An applicant shall be required to make payment for PCU requests in the form of an Upfront
Payment as well as participation in remaining debt service. The value of the Upfront Payment
will be dependent upon applicable project debt principal paid down at the time of the sale versus
debt principal remaining on each underlying project component of the established PCU value.
Selling Contract Users will be reimbursed based on the percentage of the sale applicable to each
Contract User less any outstanding debt service to be offset by purchasing Contract Us new
debt allocation percent. A PCU purchase request will involve determining the Upfront Payment
for the purchasing Contract User, redistributing any remaining debt service based on revised debt
service allocations due to redistribution of PCU units, and calculating reimbursements for selling
Contract Users. The steps for determining each of these components are outlined below with an
example calculation included in Attachment A.
Upfront Payment Calculation for Purchasing Contract User
Steps for calculation of the Upfront Payment are as follows:
1. Determine Value of Sale: Value of Sale will be equal to approved number of PCU units
being sold multiplied by the value of each PCU, defined herein.
2. Recalculate Debt Service Allocation Percentages: Existing Debt Service allocation
percentages will be revised using cost allocation methodology within the existing
contract user agreements, considering reallocation of PCU units due to purchase request.
The original cost allocation methodology is outlined in the 2009 Pool Capacity and Cost
Allocation memorandum (Pool Capacity and Cost Allocation, March 4, 2009, Black &
Veatch Corporation) included as Attachment B.
3. Determine Change in Debt Allocation Percent for Purchasing Contract User: Change
in Debt Allocation Percent equals New Debt Allocation Percent less Existing Debt
Allocation Percent.
4. Identify Outstanding Principal: Outstanding Principal equals principal remaining on
applicable debt service as of date of sale.
5. Determine Change in Debt Allocation Value for Purchasing Contract User: Purchasing
Change in Debt Allocation Value is equal to Change in Debt
Allocation Percent multiplied by Outstanding Principal.
5
6. Determine Upfront Payment: Upfront Payment is equal to Value of Sale less Change
in Debt Allocation Value for purchasing Contract User.
Debt Service Redistribution
The recalculated debt service allocation percentages for the WWTF RUE as well as recalculated
debt service allocation for any applicable additions to treatment facility PCU value will be used
to redistribute remaining debt service payments for each project component.
Reimbursements for Selling Contract User
The Contract User Reimbursements are a distribution of the Total Upfront Payment. Steps
for calculation of Contract User Reimbursements are as follows:
1. Calculate Reimbursements for Selling Contract Users without Debt Outstanding: For
Selling Contract Users without debt outstanding (i.e. project cost share was prepaid),
Contract User Reimbursement equals PCU Value multiplied by PCUs sold.
2. Calculate Reimbursements for Selling Contract Users with Debt Outstanding: For
Selling Contract Users with debt outstanding, Contract User Reimbursement equals Total
Upfront Payment less reimbursements calculated under Step 1, multiplied by proportion
of remaining PCUs sold, excluding PCUs accounted for in Step 1.
Payment Timing: The amount required herein shall be paid in full within 60 days of the date of
approval by the Review Committee. Payment shall be made to the City of St. Cloud Public
Utilities for reimbursement to selling Contract Users for deposit in the Pool Capacity Account. If
PCU to the applicant City shall be considered null and void. If applicant cannot meet specified
timeline, a written request to adjust the payment timing can be submitted to the Review
Committee for consideration.
Distribution of Pool Capacity Account Funds:
When the PC is exhausted, the balance in the Pool Capacity Account will be distributed to all
e.
Capacity Report: The Director shall annually provide a written report to the Project Partners
Contract Users summarizing the wastewater flow rates, allocated WWTF capacity, and allocated
Pool Capacity for each Contract UserCity, and the status of the Pool Capacity reserve.
6
ARTICLE III
LEASE CAPACITY
Application for Lease Capacity: If a City Contract User meets the qualifying criteria to apply
en allocated, then that City Contract User may make
application to lease Unused Capacity, if available.
Unused Capacity: In the event that a Contract User City makes application to lease Unused
Capacity from other Contract Userscities, then the Review Committee shall review the existing
flow rates for all CitiesContract Users. If at that time the Review Committee finds that the
average flow for any City Contract User during any period of six consecutive months, exclusive
of WWP periods, is less than 90% of that Contract Userallocated capacity, then the
Review Committee may declare a portion of that Contract UserCity
Unused Capacity
ed capacity by ninety percent (90%) and
period exclusive of WWP periods, and then rounding to the nearest whole number of to
the nearest hundredth.
Unused
capacity is made available by expansion or other means and shall be assigned to the Unused
Capacity Pool as described below. Unused capacity will be returned to a City when additional
plant capacity is made available to all lease holders.
A City may opt not to allow the reassignment of any portion of its allocated capacity to the
Unused Capacity Pool, however, in this event, that City shall agree to work proactively with the
other Contract Users Project Partners in good faith to expand the capacity of the WWTF.
Unused Capacity Pool: The Unused Capacity thusly determined from all Cities shall be
assigned to the Unused Capacity Pool. Unused Capacity may then be subject to the Lease
provisions set forth herein if so determined by the Review Committee.
Lease of Unused Capacity:
1. If Unused Capacity from one or more cities has been declared by the Review Committee and
a City meets the qualifying criteria to apply for Pool Capacity then that City is eligible to
lease Unused Capacity from the Unused Capacity Pool.
2. Unused Capacity will be allocated by the Review Committee in whole rounded to the
nearest hundredth licant
demonstrated need according to the qualifying criteria for Pool Capacity. Unused
Capacity thusly allocated to an applicant City shall also be known as Lease Capacity.
7
3. If the Review Committee finds that an Application does not meet the qualifying criteria or
does not otherwise comply with the terms of this Agreement, then the Committee shall deny
the request. In this event the Review Committee shall prepare a written statement indicating
the reasons for the denial.
Lease Terms:
1. Once allocated, Lease Capacity shall be assigned to the applicant City until any of the
following events occur: a) the WWTF is expanded, b) the Review Committee determines that
the applicant City no longer needs or qualifies for Lease Capacity, or c) this Agreement is
otherwise lawfully terminated.
2. An applicant City shall be required to make annual payment in the following amount in
consideration for Lease Capacity:
determined PCU value for each applicable project multiplied by a factor of .05 (5.0%).
Adjusted PCU Value for each applicable
project x .050
3. The lease payment shall be made in a lump sum within 30 days of the approval of the lease
by the Review Committee, and shall thereafter be paid annually within 30 days of receipt of
th
invoice which will follow after the January 15 PCU value adjustment. The initial lease
payment will be pro-rated from the date of approval of the Lease Capacity to the end of the
year.
4. Payments shall be made directly to the City of St. Cloud Public Utilities and deposited in the
Lease Capacity Account. If payment is not received within the time specified, the Review
Committee may take action to revoke the lease.
Distribution of Lease Capacity Account Funds:
The distribution of lease capacity account funds will be made annually. Funds will be distributed
to those Cities for which an Unused Capacity determination has been made in proportionate to
each Contract UserCity
within 30 days after the Lease Capacity Payments are due.
ARTICLE IV
DISPUTES AND REMEDIES
In addition to the remedies provided in this Exhibit and Article IV of Wastewater Treatment
System Use Agreement and those normal remedies provided by law for breach of contract, the
parties specifically agree that this Agreement may be enforced in a Court of competent
jurisdiction by an action to require specific performance.
8
Council Agenda Item
MEETING DATE: March 1, 2021
AGENDA ITEM: Community Center Architect
SUBMITTED BY: Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Community Center Planning
Committee met most recently on February 23, 2021 and recommends the City Council hire HMA
Architects as the architect for Community Center/Jacob Wetterling Recreation Center.
PREVIOUS COUNCIL ACTION: The City Council had hired HMA Architects as the Architect for the
Government Center Campus (St. Joseph Government Center, and Community Center).
BACKGROUND INFORMATION: There has been an effort to construct a community center for a
number of years. In the fall of 2015, the City purchased the former Kennedy School property for a new
city hall and police facility and a future community center. HMA Architects had prepared the St. Joseph
Community and Recreation Center Schematic/Conceptual Design Package (2017). Last fall, the City of
St. Joseph was made aware that the City’s bonding request for $4 million for the Jacob Wetterling
Recreation Center had been approved. The City Council has committed $6 million toward the project
from half cent regional sales tax dollars. Additional fundraising efforts will be forth coming.
The Community Center Planning Committee’s recommendation to hire HMA Architects was made
because this firm completed the conceptual design package for the Community/Recreation Center and
because of their positive working relationship with the firm. Another option is for the City to issue a
Request for Proposal (RFP) to solicit proposals from qualified firms.
BUDGET/FISCAL IMPACT: Funding would come out of the half cent sales tax fund.
ATTACHMENTS:
REQUESTED COUNCIL ACTION:
Motion to approve HMA Architects as the architect for the Community/Recreation Center project
contingent on contract review and approval by the City Council.
or
Motion to approve the RFP process to hire an architect for the Community/Recreation Center project.
Staff would prepare the RFP document and present to City Council for review and approval at a future
meeting.