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HomeMy WebLinkAbout04.05.21 www.cityofstjoseph.com St. Joseph City Council April 5, 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 2. Public Comments, contact City Clerk Kayla Klein by noon on the day of the meeting. This will ensure (320) 229-9421, kklein@cityofstjoseph.com that you will be heard at the appropriate time during the meeting.** Join Zoom Meeting https://zoom.us/j/95347963659?pwd=M0s4Q2MyeGo4Qi9HR2pZZzBycXYzUT09 Meeting ID: 953 4796 3659 Passcode: 646101 One tap mobile +13017158592,,95347963659#,,,,*646101# US (Washington DC) +13126266799,,95347963659#,,,,*646101# US (Chicago) Dial by your location +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) 1. 6:00 PM Call to order - Pledge of Allegiance 2. 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. 3. Approve Agenda 4. Consent Agenda a. Minutes – Requested Action: Approve the minutes of March 15, 2021 and March 23, 2021. b. Bills Payable – Requested Action: Approve check numbers 057527-057591, Accounts Payables EFT #1976, Payroll EFT 112048-112055 and Regular Pay Period 6, 6.01, 6.02 and City Council Pay Period 3.01. c. Transfers and Budget Amendment – Requested Action: Authorize the 2020 and 2021 transfers as presented. d. Equity Designations. Financial Year 2020 – Requested Action: Approve the equity designations as presented. e. Recreation Director Hiring Process – Requested Action: Authorize staff to begin the hiring process for the Recreation Director. 5. Public Hearing, Delinquent Assessments 6. Chokecherry Acres LLC: Parcel 84.53300.0293 7. 2021-2022 Liquor License Fees 8. Little Saints Lease Waiver Request 9. Ordinance Amendments a. Section 502.22 Outdoor Patios & Sidewalks b. Section 506 Fence 75 Callaway Street East | Saint Joseph, Minnesota 56374 Email: cityoffices@cityofstjoseph.com | Phone: 320.363.7201 | Fax 320.363.0342 www.cityofstjoseph.com c. Section 502.12, subd 1 Accessory Structures d. Section 502.10 & 502.10 Parking Lot Standards & Wetland Setbacks 10. Zoning Ordinance Variances – 7967 Sterling Drive 11. Wastewater System Use Agreement Exhibit C Amendment 12. Mobile Sewer Camera 13. Engineer Reports 14. Mayor Reports 15. Adjourn 75 Callaway Street East | Saint Joseph, Minnesota 56374 Email: cityoffices@cityofstjoseph.com | Phone: 320.363.7201 | Fax 320.363.0342 March 15, 2021 Page 1 of 2 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Monday, March 15, 2021, at 6:00 PM in the St. Joseph Government Center. Members Present:Mayor Rick Schultz.CouncilorsBob Loso, Kelly Beniek, Brian Theisen, Kevin Kluesner 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, City Engineer Randy Sabart Approve Agenda: Schultz made a motion to approve the agenda; seconded by Loso and passed unanimously. Consent Agenda: Theisen made a motion to approve consent agenda items a-f and i-k; seconded by Beniek and passed unanimously. a. Minutes – Requested Action: Approve the minutes of March 1, 2021. b. Bills Payable – Requested Action: Approve check #’s 057471-057526, Accounts Payable EFT 1972-1975, Payroll EFT 112041-112047, Regular Pay Periods 5, 5.01 and City Council Pay Period 3. c. Financial Report – Requested Action: Approve the February 2021 financial report as presented. d. Donations – Requested Action: Approve Resolution 2021-013 Accepting Donations. th e. Gambling Report – Requested Action: Accept the 4Quarter 2020 Gambling Report. f. Police Officer Position – Requested Action: Authorize staff to begin the hiring process for a full- time police officer. g. Resignation – Requested Action: Accept the resignation of Recreation Director John Anderson effective March 31, 2021. h. Mayor Appointments – Requested Action: Approve the amendments to the Mayor Appointments for 2021. nd i. Release of Mortgage – Requested Action: Approve the Mortgage Satisfaction for 31 2 Ave SE, St. Joseph, MN 56374. j. Equity Designations/Squad Purchase – Requested Action: Approve the general fund equity designations and approve the purchase of squad 707. k. Transfers – Requested Action: Authorize the 2020 transfers as presented. Consent Agenda Item g, Resignation: Schultz thanked Recreation Director John Anderson for his service in the role of director and also his commitment to the City and the Park Board. Consent Agenda Item h, Mayor Appointments: Loso stated that he would not approve the amended appointments unless Councilmember Beniek officially steps down from EDA as appointing someone else is against the EDA’s establishing resolution. Beniek stated she will step down from the EDA. Schultz will remain the council liaison for the Park Board until a replacement for the Recreation Director is hired. Schultz moved to approve consent agenda items g&h; seconded by Theisen and passed unanimously. Public Hearing, Foreclosed Auction Sale Proposed Re-Assessment: MN Statutes allows local governments to assess unpaid fees for charges noted in the City Ordinances. Charges include weed cutting, snow removal, street sweeping, utility bills, tree trimming, etc. Statute also allows the City to re- assess property maintenance costs and street assessments that fell off the tax rolls due to foreclosure once the property sells. In the past, the Council has agreed to allow up to five years for repayment of the re-assessments at 0% interest rate. If the property is developed or changes hands, the remaining assessments due would become due and payable at the time of the sale. Schultz moved to adopt Resolution 2021-014 Adopting Re-Assessment from Foreclosure Sale; seconded by Loso and passed unanimously. March 15, 2021 Page 2 of 2 st Purchase Agreement Addendum: On February 1, the Council approved to extend the closing date of the purchase agreement from February 15, 2021 to March 31, 2021. The Council also approved to waive the lease payment from February 15, 2021 to March 31, 2021. The purchaser has requested the closing date be extended again to on or before April 30, 2021 as well as the waiving of the April lease payment. Loso moved to adopt Resolution 2021-015 Approving an Addendum to Purchase Agreement for the sale of PID 84.53797.0951; seconded by Schultz and passed unanimously. Schultz moved to approve the waiver for the April 2021 lease payment; seconded by Theisen. Motion failed. Aye: Schultz, Theisen Nay: Beniek, Kluesner, Loso Sale of Property –Portion of PID 84.53843.0005:Currently there are three parties interested in purchasing the old fire hall building and garage. The sale would require platting through a Common Interest Community (CIC) plat. The building would require separation and re-routing of utilities, including water, sanitary sewer, gas and electric. The intent would be for the buyer to cover the costs of plumbing, gas, and electrical upgrades and separation. The City would need to complete sanitary sewer and water main work. General consensus of the Council was to sell both buildings together. Loso made a motion authorizing staff to draft an RFP for the sale of the former fire hall and garage, a portion of PID 84.53843.0005; seconded by Theisen and passed unanimously. Department Reports: Mayor Reports: Schultz reported on the following: Staff met with the college regarding Case Day and ways to keep the event maintained. Loso questioned why the city is not doing more to prevent it. Schultz noted that it will happen no matter what and it is better to keep maintained. The APO met and had discussions on earmarking federal dollars for projects. The council discussed the likelihood of having the properties north of the water tower connect to city services. Staff had not received many inquiries about it from residents, but it would be a cost to those homeowners if connected. Adjourn: Theisen made a motion to adjourn at 7:02 PM; seconded by Beniek and passed unanimously. Kayla Klein City Clerk March 23, 2021 Page 1 of 1 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in a workshop setting at 5:30 PM on Tuesday, March 23, 2021, in the St. Joseph Government Center. Members Present:Mayor Rick Schultz.CouncilorsBrian Theisen, Bob Loso, Kelly Beniek, Kevin Kluesner 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, City Engineer Randy Sabart, Recreation Director John Anderson Also present were select members of the Planning Commission, EDA, and Park Board. Linda Butenhoff, Mike Ross, Tim Rocky, Andy Rennecke, Elijah Stenman, Carmie Mick, Mike Osterman, Larry Hosch, Staffing Update: Introductions were held and staffing needs were discussed. It was noted that the Police Department needs additional administrative staff. Other future potential needs include a City Planner, Office Specialist, mechanic in order to keep up with the growing population and needs. The goal is to plan for the future. City Facilities/City Owner Properties: Sabart presented a map of all the city owned parcels for others to get an idea of all the property the city has to maintain. There is a city owned lot north of the Lake Wobegon Trail that kids use as a bike area. That space could be used for a bike park, although there is limited visibility for law enforcement and emergency personnel. Downtown Redevelopment: Keller reported that the City is continuing to grow and discussions are being had on redevelopment in the downtown area. More specifically, the area along Birch St E. An option includes closing Birch St E and having the alley become the main road. Keller is also looking at expanding the City’s current business subsidy programs by earmarking more money for these programs. The old fire hall and garage, referred to as the butterscotch building, has four interested parties that potentially want to buy. At the last City Council meeting, the Council directed staff to draft an RFP in order to solicit proposals for the purchase. Recreation Goals: Recreation Director Anderson stated his tenure as Recreation Director has been limited due to COVID. His main focus during this time was on family and lifelong activities. Building a summer recreation program is an uphill battle when starting from scratch. Some events coming up include a disc golf clinic and a little league camp. Schultz added that a summer recreation program is needed in the community. Once established then the city can look at developing activities for seniors. It was asked if the city could partner with the College of St. Benedicts to use their facilities for these programs. Schultz noted that those discussions have not occurred in some time, but should be revisited as leadership for both parties has changed. Community Center: Haffner reported the Community Center Committee met and decided to move forward with the RFP process for an architect. Future Goals: Commissioner Dullinger stated that she has been contacted by residents that were annexed with concerns over the services provided by the city verses their expectations. From a Park Board standpoint, discussions are being had on the development of East Park and constructing a shelter with bathrooms at Klinefelter Park. The work session was adjourned at 6:45 PM. Kayla Klein City Clerk Council Agenda Item 4b MEETING DATE:April 5, 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 057527-057566 $108,632.60 Reg PP 6, Reg PP 6.01, Reg PP 6.02, CC PP 3.01 $46,596.82 Accounts Payable EFT #1976 $1,824.21 Payroll EFT #112048-112055$30,730.79 Total $187,784.42 Bills Payable – Checks Awaiting Council Approval Check Numbers 057567-057591 $169,266.70 Total $169,266.70 Total Budget/Fiscal Impact: $357,051.12 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 057527-057591 Accounts Payable EFT 1976 Payroll EFT 112048-112055 Reg PP 6, Reg PP 6.01, Reg PP 6.02, CC PP 3.01 CITY OF ST JOSEPH Bills Payable – Checks Not Mailed Awaiting Council Approval Check#DateSearch NameCommentsAmountFUNDDEPARTOBJ 0575674/1/2021AFSCME COUNCIL 65 April 2021 Union Dues 468.00101 0575684/1/2021BATTERY WHOLESALE, INC. Battery - #33 40.19 10143120230 0575684/1/2021BATTERY WHOLESALE, INC. Battery - #33 40.20 10145202230 0575684/1/2021BATTERY WHOLESALE, INC. Battery - Patch Wagon 67.03 10143120230 0575694/1/2021BRUNO PRESS April 2021 CVB Social Media Marketing 750.0022046500300 0575704/1/2021CUMMINS SALES & SERVICE Full Service on Generator - Gov't Center 813.2810141942300 0575704/1/2021CUMMINS SALES & SERVICE Full Service on Generator - WTP #2 1,382.07 60149421300 0575704/1/2021CUMMINS SALES & SERVICE Full Service on Generator - Baker Lift Station 456.6060249470300 0575714/1/2021DANIELSON, DOUG EDA Meeting Attendance - 1st Quarter 2021 35.00 15046500103 0575724/1/2021DELTA DENTAL April 2021 Dental Insurance Premiums 2,007.45 101 0575734/1/2021DULLINGER, GINA Planning Commission Meeting Attendance - 1st Quarter 20 35.00 10141120103 0575744/1/2021FASTSIGNS 2021 Compost Permit Stickers 424.0060343230210 0575754/1/2021HAUSMANN, CHAD & DEANNA Planning Commission Meeting Attendance - 1st Quarter 20 70.00 10141120103 0575764/1/2021HOLIDAY STORES March 2021 Fuel Purchases 45.66 10142152235 0575764/1/2021HOLIDAY STORES March 2021 Excise Tax Credit (4.45) 10142152235 0575764/1/2021HOLIDAY STORES March 2021 PD Car Washes 2.31 10142152235 0575774/1/2021HOSCH, LARRY EDA Meeting Attendance - 1st Quarter 2021 70.00 15046500103 0575784/1/2021JARRELL, ANNE Planning Commission Meeting Attendance - 1st Quarter 20 105.0010141120103 0575794/1/2021KERN, DEWENTER, VIERE, LLC Audit Services - Year Ended 2020 16,600.00 10141540301 0575804/1/2021LEAGUE OF MN CITIES INS TRUST2021 General Liability Insurance 327.0010141110361 0575804/1/2021LEAGUE OF MN CITIES INS TRUST2021 General Liability Insurance 94.00 10141310361 0575804/1/2021LEAGUE OF MN CITIES INS TRUST2021 General Liability Insurance 9,031.68 10141430361 0575804/1/2021LEAGUE OF MN CITIES INS TRUST2021 General Liability Insurance 5,498.00 10141941361 0575804/1/2021LEAGUE OF MN CITIES INS TRUST2021 General Liability Insurance 3,541.72 10141942361 0575804/1/2021LEAGUE OF MN CITIES INS TRUST2021 General Liability Insurance 34,544.48 10142120361 0575804/1/2021LEAGUE OF MN CITIES INS TRUST2021 General Liability Insurance 9,001.47 10143120361 0575804/1/2021LEAGUE OF MN CITIES INS TRUST2021 General Liability Insurance 39,856.94 10145202361 0575804/1/2021LEAGUE OF MN CITIES INS TRUST2021 General Liability Insurance 6,402.94 10145205361 0575804/1/2021LEAGUE OF MN CITIES INS TRUST2021 General Liability Insurance 5,759.08 10542220361 0575804/1/2021LEAGUE OF MN CITIES INS TRUST2021 General Liability Insurance 15,534.89 60149440361 0575804/1/2021LEAGUE OF MN CITIES INS TRUST2021 General Liability Insurance 12,531.80 60249450361 0575814/1/2021LEWIS MOTOR REPAIR, INC. Air Compressor Pressure Switch 43.19 10145205220 0575824/1/2021MICK, CARMIE Planning Commission Meeting Attendance - 1st Quarter 20 70.00 10141120103 0575834/1/2021MVTL LABORATORIES, INC Testing 200.0060249480312 0575844/1/2021OSTERMAN, MIKE Planning Commission Meeting Attendance - 1st Quarter 20 70.00 10141120103 0575854/1/2021QUADIENT LEASING 2nd Quarter Postage Machine Lease 47.66 10141430410 0575854/1/2021QUADIENT LEASING 2nd Quarter Postage Machine Lease 47.66 60149490410 0575854/1/2021QUADIENT LEASING 2nd Quarter Postage Machine Lease 47.66 60249490410 0575854/1/2021QUADIENT LEASING 2nd Quarter Postage Machine Lease 47.67 60343230410 0575864/1/2021RENGEL PRINTING, INC Utility Billing Paper & Envelopes 241.9960343230200 0575864/1/2021RENGEL PRINTING, INC Utility Billing Paper & Envelopes 241.9965149490200 0575864/1/2021RENGEL PRINTING, INC Utility Billing Paper & Envelopes 242.0060149490200 0575864/1/2021RENGEL PRINTING, INC Utility Billing Paper & Envelopes 242.0060249490200 0575874/1/2021ROSS, MICHAEL R. Planning Commission Meeting Attendance - 1st Quarter 20 70.00 10141120103 0575884/1/2021SPEEDWAY March 2021 Fuel Purchases 273.4010542220235 0575884/1/2021SPEEDWAY March 2021 Fuel Purchases 182.2010143120235 0575884/1/2021SPEEDWAY March 2021 Fuel Purchases 100.0110143125235 0575884/1/2021SPEEDWAY March 2021 Fuel Purchases 232.1710145202235 0575884/1/2021SPEEDWAY March 2021 Fuel Purchases 323.2460149440235 0575884/1/2021SPEEDWAY March 2021 Fuel Purchases 473.0360249450235 0575884/1/2021SPEEDWAY March 2021 Excise Tax Credit (25.59) 10542220235 0575884/1/2021SPEEDWAY March 2021 Excise Tax Credit (17.62) 10143120235 0575884/1/2021SPEEDWAY March 2021 Excise Tax Credit (9.52) 10143125235 0575884/1/2021SPEEDWAY March 2021 Excise Tax Credit (31.20) 60149440235 0575884/1/2021SPEEDWAY March 2021 Excise Tax Credit (22.86) 10145202235 0575884/1/2021SPEEDWAY March 2021 Fuel Purchases (46.62) 60249450235 0575894/1/2021THE HARTFORD April 2021 Life Insurance Premiums 172.90 101 0575904/1/2021WATAB, INC Sewer Line Camera Services 450.00 10145202300 0575914/1/2021WICK, DALE & BARBARA EDA Meeting Attendance - 1st Quarter 2021 70.00 15046500103 169,266.70 Total Bills Payables - Waiting Council Approval Summary: CITY OF ST JOSEPH Bills Payable – Checks Not Mailed Awaiting Council Approval Check#DateSearch NameCommentsAmountFUNDDEPARTOBJ EFTs & Payroll 79,151.82 Bills Paid Prior to Council 108,632.60 169,266.70 Bills Waiting for Council 357,051.12 Total Bills Payable CITY OF ST JOSEPH EFTs & Payroll – Paid Prior To Council Approval Check#DateSearch NameCommentsAmountFUNDDEPARTOBJ ACHPAYROLLREG PP 6, REG PP 6.01, REG PP 6.02, CC PP 3.01 46,596.82 1120483/24/2021SENTRY BANK EE HSA Contribution - REG PP 6 1,240.42 101 1120493/24/2021EFTPS Tax Withholdings - REG PP 6, REG PP 6.01, CC PP 3.01 5,070.67 101 1120493/24/2021EFTPS Tax Withholdings - REG PP 6, REG PP 6.01, CC PP 3.01 6,617.40 101 1120503/24/2021COMMISSIONER OF REVENUE State Withholding - REG PP 6 1,986.44 101 1120513/24/2021PERA Retirement - REG PP 6, REG PP 6.01 13,894.59 101 1120523/24/2021VOYA FINANCIAL Deferred Comp - REG PP 6 1,585.00 101 1120533/24/2021AMERICAN FUNDS 529 College Savings Plan - REG PP 6 150.00 101 1120543/24/2021MINNESOTA CHILD SUPPORT CENTERChild Support - REG PP 6 154.13 101 1120553/24/2021EFTPS Tax Withholdings - REG PP 6.02 32.14 101 0019763/10/2021SENTRY BANK-CREDIT CARD Feb 2021 Department Meeting 81.30 101 0019763/10/2021SENTRY BANK-CREDIT CARD Water 2.50 10141430210 0019763/10/2021SENTRY BANK-CREDIT CARD Napkins 11.28 10141430210 0019763/10/2021SENTRY BANK-CREDIT CARD Monthly Adobe Subscription - Klein, Haffner 36.57 10141430300 0019763/10/2021SENTRY BANK-CREDIT CARD Monthly Beacon Subscription 1.00 10141430300 0019763/10/2021SENTRY BANK-CREDIT CARD Monthly Adobe Subscription - Bartlett, Kurkowski 36.57 10141530300 0019763/10/2021SENTRY BANK-CREDIT CARD Monthly Adobe Subscription - Keller 18.29 10141910300 0019763/10/2021SENTRY BANK-CREDIT CARD AICP Dues - Keller 100.00 10141910433 0019763/10/2021SENTRY BANK-CREDIT CARD Government Center Cleaning Supplies 43.97 10141942210 0019763/10/2021SENTRY BANK-CREDIT CARD Government Center Sink Repair 12.52 10141942210 0019763/10/2021SENTRY BANK-CREDIT CARD Government Center Cleaning Supplies 43.79 10141942210 0019763/10/2021SENTRY BANK-CREDIT CARD Window Punches 89.75 10142120211 0019763/10/2021SENTRY BANK-CREDIT CARD Batteries 79.23 10142120220 0019763/10/2021SENTRY BANK-CREDIT CARD Velcro 16.58 10142120220 0019763/10/2021SENTRY BANK-CREDIT CARD Motor Oil 31.16 10142152230 0019763/10/2021SENTRY BANK-CREDIT CARD Zoom Standard Pro Monthly 32.04 10342500215 0019763/10/2021SENTRY BANK-CREDIT CARD Tail Light 9.18 10143120230 0019763/10/2021SENTRY BANK-CREDIT CARD Front Mount Blower Supplies 16.17 10143125210 0019763/10/2021SENTRY BANK-CREDIT CARD Snow Plow Repair 12.50 10143125210 0019763/10/2021SENTRY BANK-CREDIT CARD Snow Plow Cutting Edge 138.83 10143125210 0019763/10/2021SENTRY BANK-CREDIT CARD Blasting Crystals, Pains 110.30 10143125210 0019763/10/2021SENTRY BANK-CREDIT CARD Supplies 5.14 10143125220 0019763/10/2021SENTRY BANK-CREDIT CARD Hub for New Sweeper 188.45 10143220220 0019763/10/2021SENTRY BANK-CREDIT CARD Fastners for Shop 14.00 10145201210 0019763/10/2021SENTRY BANK-CREDIT CARD Strap 2.07 10145201210 0019763/10/2021SENTRY BANK-CREDIT CARD Welding Helmet Lens 26.97 10145201210 0019763/10/2021SENTRY BANK-CREDIT CARD Shop Supplies 16.73 10145201210 0019763/10/2021SENTRY BANK-CREDIT CARD Shop Supplies 24.97 10145201210 0019763/10/2021SENTRY BANK-CREDIT CARD Shop Supplies 13.47 10145201220 0019763/10/2021SENTRY BANK-CREDIT CARD Weed Sprayer 4.49 10145202220 0019763/10/2021SENTRY BANK-CREDIT CARD Weed Sprayer 8.00 10145202220 0019763/10/2021SENTRY BANK-CREDIT CARD Chainsaw Repair 116.51 10145202230 0019763/10/2021SENTRY BANK-CREDIT CARD Marking Paint 7.09 10145204210 0019763/10/2021SENTRY BANK-CREDIT CARD Snow Fest Ribbons 150.00 10145204308 0019763/10/2021SENTRY BANK-CREDIT CARD Picnic Tables 151.94 10342500210 0019763/10/2021SENTRY BANK-CREDIT CARD Water Plant II Supplies 45.43 60149421220 0019763/10/2021SENTRY BANK-CREDIT CARD Water Plant II Supplies 40.46 60149421220 0019763/10/2021SENTRY BANK-CREDIT CARD Shop Supplies 13.99 60249450210 0019763/10/2021SENTRY BANK-CREDIT CARD Sewer Line Repair 14.77 60249450220 0019763/10/2021SENTRY BANK-CREDIT CARD Shop Supplies 56.20 10145201210 EFT Total 79,151.82 CITY OF ST JOSEPH Bills Payable – Paid Prior To Council Approval Check#DateSearch NameCommentsAmountFUNDDEPARTOBJ 0575273/12/2021POSTMASTER 2021 - March 2021 Utility Bills 228.38 60149490322 0575273/12/2021POSTMASTER 2021 - March 2021 Utility Bills 228.38 60249490322 0575273/12/2021POSTMASTER 2021 - March 2021 Utility Bills 228.37 60343230322 0575273/12/2021POSTMASTER 2021 - March 2021 Utility Bills 228.37 10141430322 0575283/18/2021AMERICAN SOLUTION FOR BUSINESS2021 - AP Checks 302.94 10141530200 0575293/18/2021CARGILL, INC. 2021 - De-Icer 7,790.94 10143125210 0575303/18/2021EO JOHNSON BUSINESS TECH 2021 - March 2021 Firewall 352.00 10141710215 0575313/18/2021FLAHERTY & HOOD, P.A. 2021 - Feb 2021 Labor & Employment Services 101.25 10141610304 0575313/18/2021FLAHERTY & HOOD, P.A. 2021 - Feb 2021 Real Estate Matters 1,357.50 35345204304 0575323/18/2021GALL S INC 2021 - Boots - Brutger 159.95 10142120171 0575333/18/2021INSPECTRON INC 2020 - December 2020 Inspection Services 7,500.00 10142401300 0575343/18/2021J. P. COOKE COMPANY 2021 - OK to Pay Stamper 91.60 10141530200 0575353/18/2021JOVANOVICH, DEGE & ATHMANN 2021 - RFP Process for Refuse - Feb 2021 57.00 60343230304 0575353/18/2021JOVANOVICH, DEGE & ATHMANN 2021 - Opatz Lawsuit - Feb 2021 76.00 10141610304 0575363/18/2021KWIK TRIP 2021 - February 2021 Fuel Purchases 101.00 10143125235 0575363/18/2021KWIK TRIP 2021 - February 2021 Excise Tax Credit (8.90)10143125235 0575373/18/2021MINNESOTA COMPUTER SYSTEMS,INC2021 - PW Printer 475.00 60149440200 0575373/18/2021MINNESOTA COMPUTER SYSTEMS,INC2021 - PW Printer 475.00 60249450200 0575373/18/2021MINNESOTA COMPUTER SYSTEMS,INC2021 - PW Printer 475.00 10143120200 0575373/18/2021MINNESOTA COMPUTER SYSTEMS,INC2021 - PW Printer 475.00 10145202200 0575383/18/2021MINNESOTA RURAL WATER ASSOC. 2021 - Membership Dues 300.00 60149440433 0575393/18/2021O REILLY AUTO PARTS 2021 - Oil Filters 4.06 10143120220 0575393/18/2021O REILLY AUTO PARTS 2021 - Oil Filters 4.06 10145202220 0575393/18/2021O REILLY AUTO PARTS 2021 - Oil Filters 4.06 60149440220 0575393/18/2021O REILLY AUTO PARTS 2021 - Oil Filters 4.06 60249450220 0575403/18/2021REPUBLIC SERVICES 2021 - February 2021 Refuse - Residential ONLY 26,222.33 60343230384 0575413/18/2021SHIFT TECHNOLOGIES, INC. 2021 - Network Down 39.60 10141710220 0575413/18/2021SHIFT TECHNOLOGIES, INC. 2021 - Cyber Backup 3 Year Renewal 1,206.48 10141710215 0575423/18/2021ST. CLOUD TIMES 2021 - PH Notice - Delinquent Assessments 152.03 10141530340 0575423/18/2021ST. CLOUD TIMES 2021 - PH Notice - Ordinance Amendments 114.44 10141910340 0575433/18/2021VOIGT, DAN 2021 - March Meeting 111.56 101 0575443/18/2021WERNER ELECTRIC SUPPLY 2021 - Cable Ties 179.83 10145201210 0575453/18/2021XCEL ENERGY 2020 - Annual Holiday Lights Electric 140.02 65243160386 0575463/25/2021CENTRAL MCGOWAN, INC Snow Plow Cutting Rack 63.13 10143125210 0575473/25/2021EMERGENCY MEDICAL PRODUCTS,INCGloves & Stethoscope 190.02 10542270210 0575483/25/2021FIRE EQUIPMENT SPECIALTIES INCReplacement Hoses from 2020 Hose Testing 2,448.11 10542220585 0575493/25/2021GOODIN COMPANY Test Ball and Hose Assembly Kit 111.82 60249450220 0575503/25/2021GRANITE ELECTRONICS, INC Pager Repair 11.79 10542250220 0575513/25/2021IDIGITAL OUTDOOR Advertising for Firefighters 995.00 10542210340 0575523/25/2021MACQUEEN EMERGENCY, INC CO Detectors for Medical Bags - Units 5 & 6 574.24 10542270580 0575533/25/2021MARCO, INC Admin Copier - March 2021 322.73 10141430410 0575543/25/2021MIDWAY IRON AND METAL, INC Steel 19.80 10145202210 0575553/25/2021NCPERS GROUP LIFE INSURANCE April 2021 Life Insurance Premiums 57.00 101 0575563/25/2021NORTH CENTRAL INTERNATIONAL Replacement Headlights for #2 207.42 10542260230 0575573/25/2021OFFICE DEPOT Office Supplies 12.21 10141430200 0575583/25/2021PRECISE REFRIGERATION INC Maintenance on Government Center 834.00 10141942220 0575593/25/2021QUADIENT POSTAGE FUNDING Prepaid Postage 500.00 10141430322 0575603/25/2021RUBINSKI WORKS Payment 2/3 - Commercial Video Session 600.00 15046500300 0575613/25/2021SEH, INC CR2 Sewer Main Extension - Feb 2021 146.25 60249450530 0575613/25/2021SEH, INC MS4/NPDES/GID Updates - Feb 2021 953.10 65149900303 0575613/25/2021SEH, INC Hove Property Water/Sewer - Feb 2021 200.96 10143131303 0575613/25/2021SEH, INC SJGC Alta Survey - Feb 2021 1,748.18 35345204303 0575613/25/2021SEH, INC Community Center - Feb 2021 240.00 10145205303 0575613/25/2021SEH, INC Old PD/FD Building Sale - Feb 2021 664.05 10143131303 0575613/25/2021SEH, INC MN Home Improvements Development - Feb 2021 208.00 10143131303 0575613/25/2021SEH, INC Honer Property Utilities - Feb 2021 288.00 10143131303 0575613/25/2021SEH, INC Knife River - Feb 2021 392.96 10143131303 0575613/25/2021SEH, INC Development Inquiries - Feb 2021 268.80 10141910303 0575613/25/2021SEH, INC 2021 MN Streetscape - Feb 2021 38.00 41143120530 0575613/25/2021SEH, INC APO - Feb 2021 537.60 10143131303 0575613/25/2021SEH, INC Ordinance Updates - Feb 2021 57.60 10141130303 0575613/25/2021SEH, INC MSA - Feb 2021 956.80 10143131303 0575613/25/2021SEH, INC ADA/CIP/General - Feb 2021 633.96 10143131303 0575613/25/2021SEH, INC Industrial Park - Feb 2021 664.20 40843120530 0575613/25/2021SEH, INC 2021 Street & Utility Improvements - Feb 2021 37,875.00 41143120530 0575613/25/2021SEH, INC 2019 Street Project - Feb 2021 183.00 40743120530 0575623/25/2021SHIFT TECHNOLOGIES, INC. Set Up New Council Member Kluesener 109.60 10141710310 0575623/25/2021SHIFT TECHNOLOGIES, INC. Copier Install Assistance 39.60 10145201300 0575623/25/2021SHIFT TECHNOLOGIES, INC. Exchange Update 1,502.40 10141710310 0575623/25/2021SHIFT TECHNOLOGIES, INC. New Printer Driver at FD 112.00 10542210215 0575633/25/2021STEARNS COUNTY AUDITOR-TREASUR2021 Special Assessments & TNT 802.20 10141530300 0575643/25/2021TAFT STETTINIUS & HOLLISTER GO Tax Abatement Bonds - Series 2015B 2,000.00 35345204300 0575653/25/2021ZEP MANUFACTURING, INC Cleaning Supplies 135.99 10143120210 0575653/25/2021ZEP MANUFACTURING, INC Cleaning Supplies 135.99 10145202210 0575653/25/2021ZEP MANUFACTURING, INC Cleaning Supplies 135.98 60149440210 CITY OF ST JOSEPH Bills Payable – Paid Prior To Council Approval Check#DateSearch NameCommentsAmountFUNDDEPARTOBJ 0575653/25/2021ZEP MANUFACTURING, INC Cleaning Supplies 135.98 60249450210 0575663/26/2021WALZ, CELESTE Pay Period 6 Re-Issue 1,341.82 10142120101 108,632.60 Total Bills Payable - Mailed Prior to Council Approval Council Agenda Item 4c ______ MEETING DATE: April 5, 2021 AGENDA ITEM: Transfers/Budget Amendment SUBMITTED BY: Finance BOARD/COMMISSION/COMMITTEE RECOMMENDATION: None PREVIOUS COUNCIL ACTION: None BACKGROUND INFORMATION: The transfers are broken down by reporting year 2020 and 2021. The final transfer for 2020 financial statements pays back the enterprise funds for the severance payouts. The enterprise funds transfer money annually to the Fund 102 severance payout fund (as requested below for the next year). The retirements are paid out of Fund 102. For financial statement reporting, the retirement payouts need to be reported in the enterprise funds due to the net pension liability. 2021 transfers include annual transfers to fund the Fund 102 severance payout fund. The budget is set with employees all receiving family insurance. Some employees elect single, some opted out. To be prudent, the budget is not set by what employees currently elect. The budget is set by a position and estimated cost for the full-time position. The Fund 200 to Fund 353 transfer is an annual transfer of local option sales tax to cover debt payments for the 2015B abatement bonds. Similar to Fund 200 to Fund 304, local option sales tax covers a portion of the Field Street improvement bonds of 2016B. The transfer from the General Fund 101 to Fund 490 is the designated equity set aside for the squad 707 purchase. Staff recommends placing the funds in Fund 490 to track with the rest of the police general capital equipment purchases. Finally, the chargebacks are annual transfers to reimburse the General Fund 101 for street sweeping that is required for storm sewers and composting administrative and maintenance time to offer the service. The budget amendment resolution request is to add the 2021 unbudgeted portion of the LGA into the Fund 390 Debt Service Relief fund. The State OMB report shows stronger than expected projections, and the impact of the March 2021 federal stimulus bill indicates a reduced likelihood of reductions to the 2021 certified LGA. The city council opted to adopt the 2021 with a reduced LGA based on past OMB projections showing large State deficits. In now appears the City will receive the full allocation for 2021. Staff recommends adding to the Debt Relief Fund to use for future projects. BUDGET/FISCAL IMPACT: $583,1220.92 between funds ATTACHMENTS: Request for Council Action – Transfers 2020 Transfers 2021 Transfers Resolution 2021-017 Adopting 2021 Budget Amendment REQUESTED COUNCIL ACTION: Authorize the 2020 and 2021 transfers as presented. Consider adoption of Resolution 2021-017 amending the 2021 budget. City of St. Joseph, Minnesota Transfers Requested April 5, 2021 for 2020 Financial Year FundDescriptionAmount InAmount OutPurpose Operating: Severance Payout Fund 1029,539.92 Severance payouts are budgeted in fund 102 601 Water Fund 2,384.98 For audit purposes, we need to show the 602 Sewer Fund 2,384.98 expenses in the enterprise funds. This journal 603 Refuse Fund 2,384.98 entry pays back the enterprise funds to match 651 Storm Water Fund 1,430.99 the budgeted fund. 652 Street Light Utility 953.99 additional 9,539.929,539.92 City of St. Joseph, Minnesota Operating Transfers Requested April 5, 2021 for Financial Year 2021 FundDescriptionAmount InAmount Ou tPurpose Operating: General Fund 101 71,935.00 Annual Transfer for retirement 601Water Fund 19,295.00 reserve funding from amount not used Sewer Fund 602 18,575.00 for employee insurance benefits 603Refuse Fund 10,425.00 651Storm Water Fund 8,345.00 652Street Light Utility Fund 102Employee retirement reserve fund128,575.00 Local Option Sales Tax 200 160,000.00 Transfer sales tax revenues committed 353 2015B GO Abatement Bonds 160,000.00 for 2015 community center abatement bonds 3042016B GO Bonds - Field Street 20,000.00 Portion of Field St covered by local option sales 200Local Option Sales Tax Fund20,000.00 tax as part of the transportation funding for debt pmt. General Fund 101 50,000.00 Transfer 2020 designated fund balance to 490 General Capital Equipment 50,000.00 equip reserve for squad 707 Chargebacks: 101General Fund 101-43120-36300 14,000.00 Annual Transfer for Street Sweeping costs 651Storm Water Fund 651-49900-302 14,000.00 Annual transfer for compost permits/old site pile 101General Fund 101-43120-36300 3,135.00 603Refuse Fund 603-43230-302 3,135.00(admin staff time/loader reimbursement) 375,710.00375,710.00 Resolution 2021-017 Resolution Adopting 2021 Budget Amendment WHEREAS, the City of St. Joseph adopted Resolution 2020-064 setting the final 2021 budget with Local Government Aid (LGA) set less than the State certified amount, and; WHEREAS, the State of Minnesota Office of Budget and Management (OMB) released their February 2021 State Budget Forecast showing a positive state budget projection for the current and next biennium budgets, and; WHEREAS, the President signed the American Rescue Plan into law on March 11, 2021 providing pandemic relief aid to state and local governments. The Recovery Fund provides additional positive impact to the State of Minnesota’s current and next biennium budgets; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA: 1. The Fund 390 Debt Service Relief Fund shall add a budget line of $197,873.00 for Local Government Aid. 2. The budget addition of Local Government Aid shall be used for future general city projects as directed by City Council. th Adopted by the council this 5 day of April 2021. Rick Schultz, Mayor ATTEST Therese Haffner, Administrator Council Agenda Item 4d MEETING DATE: April 5, 2021 AGENDA ITEM: Equity Classifications –for Financial Year 2020 SUBMITTED BY: Finance BOARD/COMMISSION/COMMITTEE RECOMMENDATION: None PREVIOUS COUNCIL ACTION: The City Council adopted the fund balance policy \[revised\] on 12-15-11. Council also adopted Resolution 2011-024 committing specific revenue sources as required under GASB 54. The City Council approved the General Fund and EDA Fund 2020 working capital and designated balances on March 15, 2021. BACKGROUND INFORMATION: The revised fund balance policy on 10-23-14 and Resolution 2011-024 dictate the classification of fund balance based on internal and external factors, and GASB 54. The following classifications are provided for the governmental funds. The actual break-outs are attached. Nonspendable fund balances are for items not expected to be converted to cash. For 2020 the City had prepaid expenses for the January dental and life insurance premiums. Health insurance had a refund for over payments for a couple employees. By nature of the items, the amounts are set aside as a prepaid asset. Restricted fund balances are for items externally restricting the use of the funds. The restrictions include unspent bond proceeds, TIF, park dedication, PEG access, charitable gambling and revolving loan proceeds. State Statutes, grantors and creditors dictate the use of the funds with the City accepting the restrictions. Committed fund balances are amounts constrained for a specific purpose by Council resolution. The City Council committed the remaining balance of the EDA for economic development functions. Assigned fund balances are unspent non-general fund amounts not classified as nonspendable, restricted or committed. The restraint of the use is self-imposed as approved by City Council and demonstrate a specific purpose. The amounts may also include a portion of the general fund constrained in its use as determined by the City Council. Unassigned fund balance is for the general fund and residual deficit fund balances in other governmental funds not classified in any other category. Unassigned amounts are available for any purpose. Council established a stabilization arrangement for working capital of 4-6 months in the general fund. For year- ended 2020, the calculated working capital for the general fund is approximately 5 months of the 2021 expenditures. The Enterprise Funds have four classifications to the equity. The classifications are contributed from other governmental funds, contributed from developers, designed for unspent capital outlay and undesignated. The attached spreadsheet shows the allocation of the enterprise equity. The amounts presented for unassigned are preliminary final. The 2020 audited financial statements will th not be considered for final approval until May 17. Additional journal entries may come up before then, but is not expected. BUDGET/FISCAL IMPACT: Restrictions of the use of funds only. ATTACHMENTS: Request for Council Action – Equity Classifications Equity 2020 – GASB 54 Equity 2020 – Working Capital Equity 2020 - Enterprise REQUESTED COUNCIL ACTION: Approve the equity designations as presented. CityofSt.Joseph GASB54EquityBreakDown December31,2020 Nonmajor MajorGovernmentalFunds Governmental G.O.Industrial ParkBondsof General(101108)2019A(308)FundsTotal Nonspendable Prepaids4,490 4,490 Restricted DebtService1,5012,349,760.732,351,262 TaxIncrements44,51844,518 StateCollectedSalesTaxProjects1,325,1611,325,161 ParkDedicationFees206,529206,529 PEGAccessFees(+only) CharitableGambling650650 DEEDCDAP47,40247,402 LodgingTax22,24022,240 RevolvingLoan11,97911,979 1,5014,008,2404,009,741 1,662,970 Committed EDA 314,051314,051 Assigned StreetSealCoating/CrackFilling169,805169,805 LoaderTires9,3899,389 Elections8,8728,872 PoliceSquad50,00050,000 PoliceForfeiture13,41913,419 SeverancePay202,358202,358 FireOperations20,00020,000 FireCapital610,857610,857 FireDebtRelief17,69917,699 CapitalOutlayReserves2,649,236.362,649,236 1,102,4002,649,2363,751,636 Unassigned WorkingCapital(5months)1,644,6981,644,698 RemainingUnassigned62,367(58,417)3,949 1,707,065(58,417)1,648,648 GovernmentalFundsNetPosition2,813,9551,5016,913,1109,728,566 2,813,954.561,500.986,697,402.729,728,565.88 CityofSt.Joseph EquityDesignationsGeneralFund December31,2020 Designated/ReservedFundBalance: Reservedfor:Designatedfor: PrepaidsDebtServiceCapitalProjectsWorkingCapitalTotal GeneralFund(101through108)4,490.1117,698.57853,470.511,875,770.362,746,939.44 WorkingCapitalCalculation: 2021GFExpenditureBudget3,868,710.00 5monthsdesignated42% 1,624,858.20 RoundedDesignation1,625,000.00 GeneralFundEquityat12/31/20: WorkingCapital1,625,000.001,644,698.18 SchneiderField797.25 BikeShareProgram158.39 CompPlanUpdate12,242.54 GASBUpdates MasterParkPlanUpdate1,500.00 Pavement/TransportationPlanUpdate5,000.00 PoliceForfeiture13,419.31242,613.14 PoliceSquad50,000.00 StreetSealcoating/CrackFill169,805.21 LoaderTires9,388.62 Elections8,872.31 FireFundOperating20,000.00 FireFundCapital610,857.37 FireFundDebtRelief17,698.57 Designated102Severance202,358.26 Undesignated108CableAccess(1,408.78) Undesignated10170,850.66 Undesignated103(4,767.40) Undesignated105(2,307.86) 2,813,954.56 TotalUndesignated62,366.62 TotalReserved4,490.11 TotalDesignated2,747,097.83 GeneralFundbalance2,813,954.56 Committedfor EDA EDA(150)113,996.95 75,904.64 248,623.42 528,145.62 5,144,971.99 2,560,399.21 3,088,544.83 10,883,220.3810,552,817.5626,905,537.99 27,433,683.61 24,345,138.78 Lights 75,904.64 75,904.64 44,497.39 201,210.96 195,415.34 201,210.96 4,075,422.202,948,039.442,668,428.249,931,802.614,943,761.03 4,943,761.03 459.46 459.46 CapitalUndesignatedTotal Equity 2020 11,192.6234,228.4931,407.25 248,163.96 Joseph 170,406.60259,139.91506,374.87 248,163.96 31, Funds St. Designated Unspent of December City Enterprise 28,754.48 558,019.19 579,461.21459,696.48 586,773.67 1,668,518.732,707,676.42 9,994,798.37 (5,919,551.00) 15,914,349.37 Contributed FundDeveloperfor WaterSewerRefuseStormStreet Other 13,759,684.09 Contributed stmt1,477,100.46 wide1,976,491.60 Debt9,406,119.92 (652) fund principle net PayablePremium Premium (651)1,982,618.78 Utility CA Assets13,344,612.92 502499,391.14 Payable(3,938,493.00) in BondBond & (603)42,015.46 (601)6,057,930.37 (602)5,677,119.48 WaterLight Unrestricted,gov BondDeferred 14A14A Unrestricted, accounting 501 Capital in WaterSewerRefuseStormStreetNetLessAddAddLess Invested add Council Agenda Item 4 MEETING DATE: April 5, 2021 AGENDA ITEM: Re SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: Accepted the resignation of Rec. Director John Anderson effective March 31, 2021. BACKGROUND INFORMATION: Staff would like to begin the hiring process for the part-time recreation director as directed by the personnel committee. BUDGET/FISCAL IMPACT: ATTACHMENTS: REQUESTED COUNCIL ACTION: Authorize staff to begin the hiring process for the part-time Recreation Director position. Council Agenda Item 5 MEETING DATE: April 5, 2021 AGENDA ITEM: Public Hearing - Delinquent Accounts Proposed Assessment SUBMITTED BY: Finance BOARD/COMMISSION/COMMITTEE RECOMMENDATION: N/A PREVIOUS COUNCIL ACTION: None BACKGROUND INFORMATION: The attached listing includes addresses over three periods delinquent on their utility bills and unpaid final accounts. City ordinance allows utility bills over three periods past due to be certified to taxes. With the peacetime emergency, staff recommends certifying the accounts to avoid adding additional penalties and interest. A 14-day notice of the pending assessment has been given to the affected property owners. The public hearing notice was also placed in the St. Cloud Times. Other collection measures have been taken prior to collection under MN § 429.101. The property owners will be given until May 5, 2021 at 10:00am to pay their delinquent invoices prior to sending the assessment to Stearns County for collection. Staff recommends waiving the $50 assessment fee due to hardships with the peacetime emergency. st As of April 1, sixout of twelve accounts have been paid in full. The budget impact reflects the balance due after these payments were removed. BUDGET/FISCAL IMPACT: up to $8,713.76 in various funds ATTACHMENTS: Resolution 2021-0016 Adopting Assessment Outstanding Invoices Delinquent Account Listings Public Hearing Notice REQUESTED COUNCIL ACTION: Hold public hearing and consider adoption of Resolution 2021- 016 certifying the delinquent accounts as presented with a one installment payment in 2021, 0% interest charge, waiving the $50 certification fee per item for accounts. Resolution 2021-016 Resolution Adopting Assessment Outstanding Invoices WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the outstanding fees relating utility services. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA: 1.Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2.Such assessment for all items shall be payable in equal annual installments extending over a period of 1 year, 0% interest rate, with the first of the installments to be payable on or before the first Monday in January 2021. 3.The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property. 5.The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. th Adopted by the council this 5 day of April 2021. Rick Schultz, Mayor ATTEST Therese Haffner, Administrator Delinquent UB 3+ periods past due as of 3-8-21 AccountServAddrBalance 050000067500314310thAveSE$639.86 020000054100030BIRCHSTE$1,025.74 07000001150029163rdAveNE$1,368.01 04000005140061161stAveNE$1,733.44 0900000141009141317thAveSE$3,832.95 $8,600.00 UB Final Account Balances with Amounts Owing March 08 2021 AccountServAddrBalance 0000000951012211IRISLANEE$113.76 Total unpaid as of 3-31-21$8,713.76 CITY OF ST. JOSEPH PUBLIC HEARING Notice is hereby given that the Council will meet at or shortly thereafter at 6:00 pm on April 5, 2021 in the City Hall Council Chambers to consider, and possibly adopt, the proposed assessment for delinquent City invoices. Adoption by the Council of the proposed assessment may occur at the hearing. The proposed assessment role is on file for public inspection at the City Clerk’s office. The total amount of the proposed assessment is $12,178.05. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners, as it deems advisable. An owner may appeal an assessment to district court pursuant to Minn. Stat. 429.081 by serving notice of the appeal upon the mayor or clerk within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the mayor or clerk. Therese Haffner Administrator Publish: March 12, 2021 Council Agenda Item MEETING DATE: April 5, 2021 AGENDA ITEM: Chokecherry Acres LLC: Parcel 84.53300.0293 SUBMITTED BY: Administration STAFF RECOMMENDATION: Provide Input PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: Chokecherry Acres LLC, property owner, has shared with city staff that they would like the City of St. Joseph to extend public utilities to their 120.36 Acre parcel located in the City of St. Joseph, east of the St. Joseph Industrial Park East subdivision. The property boundary abuts the city limits of St. Joseph and St. Cloud. The property is guided for Light Industrial. Extension of public improvements (water, sanitary sewer, storm sewer, street, curb, gutter, lights, trail, etc.) is generally development driven and costs are typically the responsibility of the developer and/or property owner. The property owners have requested to present and discuss with the City Council the availability of water, sewer and access. BUDGET/FISCAL IMPACT: ATTACHMENTS: Location Map Letter from Property Owner Emails between city and property owner REQUESTED COUNCIL ACTION: Provide Input Chokecherry Acres LLC, Parcel 84.53300.0293 Legend Road Labels Roads Parcels (aerial overlay) 03206401,280 Auditor/Treasurer Feet Division of Land Management ± Data is as represented in Stearns County March 24, 2021 Databases, It is NOT Intended for Locational Use and Stearns County waives all liability from this product.This map is made available on an "as is" basis, without express or implied warranty of any sort including, specifically, any implied warranties of fitness for a particular purpose, warranties of merchantability or warranties relating to the accuracy or completeness of the database(s). March 10, 2021 City of St. Joseph Mn City Council 75 Callaway Street East St Joseph, Mn 5637 Attention: Therese Haffner Members of the City Council As property owners in the city of St. Joseph, the LLC of Chokecherry Acres request to be put on the agenda for the Council Meeting for April 5, 2021. Would like to discuss the availability of water and sewer on the property and the blockage of the road access of 76 Avenue th Please send us a copy of the agenda for April 5meeting to lorna.boone@hotmail.com and wblonigen@yahoo.com. Thank You Chokecherry Acres LLC From:Therese Haffner To:"lorna.boone@hotmail.com"; "wblonigen@yahoo.com"; "momsowada@gmail.com"; "karenbechtold@msn.com" Cc:Nate Keller; "Randy Sabart" Subject:FW: Bechtold property development Date:Thursday, March 4, 2021 3:51:00 PM Attachments:Hall Industrial Park.pdf image001.png Good afternoon, Here is information on the right of way access. Let me know if you have further questions on this. Thank you, Therese Haffner City Administrator City of St. Joseph 75 Callaway St. E St. Joseph, MN 56374 Phone: 320.229.9424 www.cityofstjoseph.com From: Therese Haffner Sent: Friday, September 18, 2020 12:51 PM To: lorna.boone@hotmail.com; wblonigen@yahoo.com; momsowada@gmail.com; karenbechtold@msn.com Subject: FW: Bechtold property development From: Therese Haffner Sent: Tuesday, September 15, 2020 4:22 PM To: 'lorna.boone@hotmail.com' <lorna.boone@hotmail.com> Subject: RE: Bechtold property development Hi Lorna, The access below on the map is right of way for public use. See attached plat dedicating as public right of way. Let me know if you have any further questions. Take care, Therese Haffner City Administrator City of St. Joseph 75 Callaway St. E St. Joseph, MN 56374 Phone: 320.229.9424 www.cityofstjoseph.com From: Therese Haffner Sent: Monday, September 14, 2020 3:08 PM To: 'lorna.boone@hotmail.com' <lorna.boone@hotmail.com> Subject: Bechtold property development Hi Lorna, Following your question on city ordinances, here is the link to the city’s subdivision ordinance: http://doclf.cityofstjoseph.com:8080/weblink/0/doc/474916/Page1.aspx. Prior to development, the property would need to go through subdivision (plat) approval. Here are additional ordinance requirements related to water and sewer utilities: Ordinance 401 Municipal Water System, Section 401.09: Use of Municipal Water System: http://doclf.cityofstjoseph.com:8080/weblink/0/doc/454895/Page1.aspx Ordinance 501 Building Ordinance, Section 501.02: Sewer and Water Hook Up: http://doclf.cityofstjoseph.com:8080/weblink/0/doc/454959/Page1.aspx Ordinance 502 Zoning Ordinance: General Performance Standards Subd. 8a: http://doclf.cityofstjoseph.com:8080/weblink/0/doc/715290/Page1.aspx I reached out to Stearns County regarding your access question since I could not find any information on file. I will let you know what I find out from them. Thank you, Therese Haffner City Administrator City of St. Joseph 75 Callaway St. E St. Joseph, MN 56374 Phone: 320.229.9424 www.cityofstjoseph.com Council Agenda Item 7 MEETING DATE:April 5, 2021 AGENDA ITEM: 2021-2022 Liquor License Fees SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: The City Council waived 50% of the license fees for liquor establishments for the period July 1, 2020 – June 30, 2021. The payment due date was also extended 60 days, BACKGROUND INFORMATION: Because of COVID-19, many establishments have been impacted and are still unable to open at full capacity. Last year, the Council reduced the license fees by 50% and granted a 60-day extension for payment of the fees. The City received a letter from the St. Cloud Area Chamber of Commerce encouraging cities to consider additional reductions and waivers of fees for the 2021 licensing period. BUDGET/FISCAL IMPACT: ATTACHMENTS: Letter from St. Cloud Chamber of Commerce REQUESTED COUNCIL ACTION: Consider reducing or waiving the 2021-2022 liquor license fees for on/off sale intoxicating liquor, special Sunday, wine, strong beer, and brewery licenses. Council Agenda Item MEETING DATE: April 5, 2021 AGENDA ITEM: Moxie Investments LLC/Little Saints Academy – Lease Payment SUBMITTED BY: Administration STAFF RECOMMENDATION: Consider the request to waive the lease payment from April 1, 2021 – April 30, 2021. PREVIOUS COUNCIL ACTION: On February 1, 2021, the City Council extended the closing to March 31, 2021 (original closing: Feb. 15, 2021), followed by waiving the lease payments at a subsequent meeting for the timeline from February 15 to March 31, 2021. On March 15, 2021, the City Council extended the closing to April 30, 2021 and considered waiving the lease payment for April but did not approve a waiver. BACKGROUND INFORMATION: The SBA lender for Moxie Investments LLC (buyer) required an environmental review as part of the loan application review process. According to a Record Search Risk Assessment completed, there was evidence of underground fuel oil storage tanks on the property between 1967 and 1992. On March 16, 2021, the Phase I Environmental Site Assessment Report was completed and recommended a Phase II due to the lack of documentation of the removal of the underground fuel storage tanks. As such, the lender is requiring the Phase II be completed. This involves soil borings to take soil samples and test for contamination. nd The buyers met with staff on March 22 and indicated that they have spent $6,000 on environmental review so far. Because of this unexpected expense that was not budgeted and the closing delay, they are requesting the City Council reconsider waiving the lease payment for April. The monthly lease payment is $4,634.12. Additionally, they are in the process of planning programming for this year but have not been able to move forward with that because of the environmental review and closing delays. ATTACHMENTS: REQUESTED COUNCIL ACTION: Motion 1: Determine whether to waive the April 2021 lease payment. Council Agenda Item a th MEETING DATE: April 5, 2021 AGENDA ITEM: Ordinance Amendment – Outdoor Patios & Sidewalks SUBMITTED BY: Community Development BOARD/COMMISSION/COMMITTEE RECOMMENDATION: Planning Commission th recommended approval of the proposed ordinance amendments at their March 8, 2021 meeting. Planning Commission conducted a public hearing at their March meeting - - no public comments have been received to date. BACKGROUND INFORMATION: Last year flexibility was given for outdoor patio areas/sidewalk cafes as it related to ordinance language. Staff would like to streamline some of those aspects of flexibility while making permanent changes to the ordinance. We do not know what this spring/summer will entail with the pandemic and ensuing executive orders or public health requirements. As such the proposed changes to the ordinance are meant to be flexible, and streamline the approval process but also maintain minimum standards that are reflective of St. Joseph’s character and expectations. Currently both outdoor patio and sidewalk cafes require Planning Commission/City council review. The proposed language would eliminate the need to obtain Planning Commission/City Council review/approval. BUDGET/FISCAL IMPACT: ATTACHMENTS: 1.Drafted amendments for outdoor patios and sidewalk cafes REQUESTED COUNCIL ACTION: 1.Staff requests action (approve/deny) the proposed ORDINANCE 502.22 – ZONING ORDINANCE ORDINANCE NO. 2021-0 AN ORDINANCE AMENDING THE CITY OF SAINT JOSEPH OUTDOOR DINING AND SIDEWALK CAFE ORDINANCE CITY OF SAINT JOSEPH COUNTY OF STEARNS STATE OF MINNESOTA Purpose and Intent: The purpose of this ordinance amendment is to amend Ordinance 502.22 Amendment: Ordinance 502.22 are hearby amended as follows: Section 502.22: OUTDOOR DINING/SMOKING PATIO AREAS AND SIDEWALK CAFÉS Subd. 1: Intent: The intent of this section of the zoning ordinance is to establish general standards for outdoor dining areas and sidewalk cafés. Subd. 2: Definitions: a)“Outdoor DiningPatio” – an area set aside which is designed to accommodate formal dining outdoors outdoor dining where beverages and/or food is served; that is subordinate to a permitted use on the same property. b)“Sidewalk Café” – an outdoor dining area located within the public right of way in front or adjoining a restaurant or other eating and drinking establishment. a seating area located outside of an establishment in which there is not enough room to provide formal dining Subd. 3: Outdoor Patio Areas Dining/Smoking Areas: Outdoor smoking/dining patio areas are permitted accessory uses in conjunction with a restaurant, coffee shop, or other eating and drinking facility provided a site plan is approved by the Zoning Administrator. The Planning Commission The Zoning Administrator shall forward copies of application and site plan to the appropriate staff, and consultants for review and recommendation. The following requirements are must be met: a)Application for site plan review shall be filed with the Zoning Administrator and shall be accompanied by the appropriate fee and the following submittal information: 1.Existing boundaries with lot dimension and lot area. 2.Existing buildings and structures. 3.Location, setback and dimensions on proposed patio, walkways and structures. 502.22- 1 ORDINANCE 502.22 – ZONING ORDINANCE 4.Location and type of all proposed lighting, including fixture details. 5. Landscaping plan, including landscaping material, location, type of plant and size. alculations for impervious surface. 6.C 7.Additional information determined necessary by the Zoning Administrator to ensure compliance with City Ordinance. b)No portion of the outdoor smoking/dining area shall be located or occur within a public right-of-way or be located or occur closer than two feet from any property line. b)If the outdoor smoking/dining area is proposed to be within a City drainage and utility easement, the property owner shall enter into a written agreement authorizing the use of the City’s easement. b)Patrons must gain entrance to the outdoor patio area from within the main facility, however at least one exit must be provided for fire safety. c)If intoxicating liquor is intended to be served in the outdoor patio dining/smoking area, the standards of the St. Joseph Code of Ordinances as may be amended shall apply. d)The Planning Commission and/or City Council may restrict days, hours, nature and volume, and other aspects of entertainment in any outdoor smoking/dining area, including a prohibition against If any all forms of music, radio, television, and other entertainment, are proposed within the outdoor patio area the entertainment shall meet all applicable noise ordinances. Special events shall obtain a Special Event permit. to protect the safety, repose, and welfare of residents, businesses and other uses near the establishment. e)The Planning Commission and/or City Council may restrict the hours of operation of an outdoor smoking/dining area based upon the proximity of the area to residential dwelling units, and upon considerations relating to the safety, repose, and welfare of residents, businesses, and other uses near the establishment. ge) The outdoor smoking/dining patio area shall be handicap accessible and not restrict accessibility in other areas inside or outside the restaurant or food establishment. H f) The outdoor smoking/dining patio area shall be subordinate to the principal restaurant coffee shop, or other eating/drinking establishment and shall not exceed 33% in area of the square footage of the principal restaurant building. 502.22- 2 ORDINANCE 502.22 – ZONING ORDINANCE g) The design and finish of the outdoor smoking/dining patio area shall be compatible with the main structure in terms of scale (ancillary), color, architectural features, finish grade, materials and the like. a. Prohibited fencing and barrier materials include but is not limited to: chain link, chicken wire, snow fencing, untreated wood, fabric inserts. b. Prohibited materials for tables includes but is not limited to: plastic, glass table tops. Picnic tables are only allowed in the rear or side of the property unless the picnic tables are authorized by the city to be placed in the front. c. Prohibited materials for chairs includes but is not limited to: unfinished wood jh) The outdoor smoking/diningpatio area shall be a well-defined space surrounded and delineated by decorative bollards, planters or fencing. A fence surrounding an outdoor smoking/dining area shall be suitable for the intended use.If a fence is proposed, a fencing plan shall be submitted for review and approval by the City. ki) The outdoor smoking/diningpatio area shall be kept in a clean and orderly manner. No food or beverages may be stored outdoors. lj) The outdoor smoking/diningpatio area shall be designed and serviced to prevent debris from blowing off the premises. The business and/or property owner shall be responsible to ensure that the area is properly maintained and litter-free. mk) The outdoor smoking/diningpatio area must conform to all fire and building codes related to the number and types of exits that are required and maximum structural occupancy limits. l) Outdoor patio areas shall only be used between the hours of 7 am and 10 pm. n) The Planning Commission or the City Council may require the notification of property owners if the outdoor smoking/dining area is located closer than 350 feet from residential properties may restrict the hours of operation based upon the proximity of the area to residential dwelling units, and upon considerations relating to the safety, repose, and welfare of residents, businesses, and other uses near the establishment. om) The parking regulations related to minimum required spaces as set forth in this chapter shall apply and compliance therewith shall be maintained. pn) The maximum surface coverage requirements set forth in this chapter shall apply and compliance therewith shall be maintained. 502.22- 3 ORDINANCE 502.22 – ZONING ORDINANCE q) Smoking shall not be allowed in areas meeting the definition of “indoor area” as defined by the Freedom to Breathe Provisionof the Minnesota Clean Indoor Air Act. “Indoor area” means all space between a floor and a ceiling that is bounded by walls, doorways, or windows (whether open or closed) covering more than 50 percent of the combined surface area of the wall space constituting the perimeter of the area. A screen is not considered a wall. Subd. 4: Sidewalk Cafés: Sidewalk cafés are permitted accessory uses within the B-1 Central Business District in conjunction with a restaurant, coffee shop, or other eating and drinking facility provided a site plan specifying the area in which the café will be operated is approved by the Zoning Administrator. Application for site plan review shall be filed with the Zoning Administrator and shall be accompanied by the appropriatefee. The Zoning Administrator shall forward copies of application and site plan to the appropriate staff, and consultants for review and recommendation. Planning Commission The following requirements must be met: a) Sidewalk cafés shall be limited to the placement of tables, benches, chairs on portions of sidewalks immediately adjacent to the business operating them. Allowable materials shall be consistent with the outdoor patio ordinance. b) A sidewalk café may not occupy any portion of a public street unless it’s part of an approved parklet plan. c) Maintenance of all private facilities on public property shall be the owner’s responsibility. d) A minimum of five (5) feet of sidewalk width remains unobstructed to maintain pedestrian clearance. The pedestrian clearance shall be measured from the edge of the dining area to the curbline. d) Sidewalk café facilities including, but not limited to, tables chairs, and benches shall not be left outdoors after business hours or between the hours of 10 p.m. and 6 a.m. e) Umbrellas/canopies shall not extend into the pedestrian clearance zone and shall not be higher than seven (7) feet in height. f) At no time shall the sidewalk café area be used for consumption of alcoholic beverages. f) Patrons shall not be served food or beverages outside, except that employees may refill beverage containers in the seating area. At no time, shall the sidewalk café area be used for consumption of alcoholic beverages. 502.22- 4 ORDINANCE 502.22 – ZONING ORDINANCE g) The business and/or property owner shall be responsible to ensure the sidewalk café area is properly maintained and litter-free. Sites of sidewalk cafés shall be maintained in an orderly, clean and sanitary manner and be free of debris at all times. Trash containers and staffing shall be available at all times to facilitate this condition. Litter shall be picked up on a daily basis. h)The City Planning Commission and/or City Council mayshall require businesses operating sidewalk cafés routinely sweep and/or wash portions of sidewalks impacted by such cafés. i) The sidewalk café area shall not block access to the building entrance or required exits. j) The sidewalk cafe area shall only be used between the hours of 7 am and 10 pm. k) A written encroachment agreement shall be agreed to and signed by the property owner and the City if the sidewalk café is proposed to encroach into the right of way. l) Sidewalk café operators shall provide proof of insurance on an annual basis. Owners of sidewalk cafés shall hold the City harmless from all liability associated with the operation and maintenance of a sidewalk café. This ordinance becomes effective from and after its passage and publication. th Passed by the City Council of St. Joseph, Minnesota the 5 day of April, 2021 Rick Schultz, Mayor ATTEST Therese Haffner, City Administrator This amendment was published on , 2021. 502.22- 5 Council Agenda Item b th MEETING DATE: April 5, 2021 AGENDA ITEM: Ordinance Amendment - Fences SUBMITTED BY: Community Development BOARD/COMMISSION/COMMITTEE RECOMMENDATION: Planning Commission th recommended approval of the proposed ordinance amendments at their March 8, 2021 meeting. Planning Commission conducted a public hearing at their March meeting. BACKGROUND INFORMATION: The fence ordinance amendment is meant to: clarify the application and inspection process Eliminate unnecessary and redundant language Clarify fence placement requirements Clarify expectations for fences that are non-compliant with current code BUDGET/FISCAL IMPACT: ATTACHMENTS: 1.Drafted amendments for fences REQUESTED COUNCIL ACTION: 1.Staff requests action (approve/deny) the proposed ORDINANCE NO. 2021-0 AN ORDINANCE AMENDING THE CITY OF SAINT JOSEPH FENCE ORDINANCE CITY OF SAINT JOSEPH COUNTY OF STEARNS STATE OF MINNESOTA Purpose and Intent: The purpose of this ordinance amendment is to amend Ordinance 506 Amendment: Ordinance 506 are hearby amended as follows: ORDINANCE 506 FENCE ORDINANCE ............................................................................ 506- 1 Section 506.01: APPLICATION .................................................................................... 506- 1 Section 506.02: PURPOSE ............................................................................................. 506-1 Section 506.03: PERMIT ................................................................................................ 506-1 Section 506.04: FENCE HEIGHT .................................................................................. 506- 2 Section 506.05: FENCE MATERIALS .......................................................................... 506- 2 Section 506.06: FENCE PLACEMENT 506-42 Section 506.07: LIVING FENCES ................................................................................. 506- 4 Section 506.0: BORDER FENCE OR WALL ............................................................... 506-4 Section 506.08: VARIANCE .......................................................................................... 506-4 Section 506.9: PRE-EXISTING FENCES ..................................................................... 506-4 Section 506.10: MAINTENANCE OF FENCE ............................................................. 506-5 Section 506.11: EMERGENCY ACCESS TO FENCED AREAS ................................ 506-5 Section 506.12: RESTRICTIONS ON FENCES OVER PUBLIC EASEMENTS ........ 506- 5 Section 506.13: PENALTIES/REMEDIES .................................................................... 506- 5 Definitions to add: Decorative fence – split rail, or picket fences that are open and not opaque in nature. Decorative fences define boundaries but do not enclose. ORDINANCE 506 FENCE ORDINANCE Section 506.01: APPLICATION. This ordinance shall apply to the construction and maintenance of all walls or fences, to include living fences as defined herein, within the City. The requirements of this Ordinance may also be subject to modification by the terms or conditions of a Conditional Use Permit or Rezoning applicable to an individual parcel of property. Section 506.02: PURPOSE. This Ordinance was enacted for the following purposes: a) To regulate fence or wall construction and location. b) To protect property from a loss of use, enjoyment or value due to the construction of aesthetically objectionable fencesor walls on adjacent property. c)To assure that fences and walls are constructed adjacent to the property line or within the property of the party who will maintain the wall or fence. d) o assure consistency in the location of fences and walls constructed in residential districts. e) To require walls and fences be constructed of a low maintenance material. f) To require walls or fences to be constructed of non-toxic materials. Section 506.03: PERMIT. Prior to constructing or reconstructing a fence or wall within the City, the person or entity owning the property on which the wall or fence is to be constructed or reconstructed shall first secure a fence permit from the City Building Official. A permit fee, in an amount set by resolution of the City Council, shall be paid at the time the application for a permit is submitted. The application shall contain the following: a) Legal description of the property on which the fence or wall is to be constructed or reconstructed, b) Sketch showing the location of the fence or wall on the property, c) A description of the materials to be used in the construction of the fence or wall, d) A description or sketch of the design and dimensions of the fence or wall, e) Compliance with the provisions of Section 506.07 (Border fence or wall). f) Other information as requested by the Zoning Administrator. 1. Application procedure and inspections The application and inspection process are as follows (unless waived by the city): 1. The application shall be reviewed by the City Building Inspectorfor issuance of a building permit upon a determination that the proposal complies with this Ordinance. 2.Upon approval of a permit but prior to construction or installation of fence orwall an initial inspection of the property shall be required unless waived by the City. The property owner shall expose at least two (2) property pins to verify proof of the property line location at the time of initial inspection. 3. Following approval of the initial inspection the applicant is allowed to construct the fence in accordance to the approved plans and conditions of the permit. 4. The fence or wall shall be final inspected by the City Building Inspector upon completion of construction or reconstruction, to assure compliance with this Ordinance. Section 506.04: FENCE HEIGHT. a) Fences and walls located within a residential area shall not exceed the height of seven feet; except fences located between the front of the residential structure and the adjacent roadway shall not exceed fourthree and a half (3 ½) feet. b) Fences and walls located in a commercial area shall not exceed the height of eight feet; except no fence shall be permitted in the front yard, unless the fence enhances the visual appearance of the site/landscaping and the fence does not exceed two feet in height and is of a reasonable linear length. Chain link fences, including those with slats are prohibited when visible from the public right of way. c) Fences and walls in an industrial area shall not exceed eight feet unless a higher fence or wall is approved as part of the special use permit allowing the industrial use; except fences located between the front of the industrial structure and the adjacent roadway shall not exceed four feet in height. d) If two different zones abut, the zoning requirements of the property owner constructing the fence shall control. Section 506.05: FENCE MATERIALS. 1. Fences constructed in residential zoning districts shall not be constructed with prohibited materials as listed in Section 506.05 Subd. 4. All wood fences, other than those constructed out of redwood or cedar shall be stained or painted upon completion of construction or reconstruction. Chain link fences shall be made out of a non-rust material. 2. Decorative, landscape, retaining and/or privacy walls may be constructed out of stone masonry or brick provided they are: not less than four inches or more than 24 inches in widths. Such walls over four (4) feet in height shall require footings that support the structure as required by the MN State Building Code. 3. Concrete decorative, landscape, retaining and/or privacy walls shall be prohibited unless they are formed from decorative and/or colored concrete, less than 24 inches in height and included as part of an overall landscape theme which has been developed. 3. The following materials are prohibited for fences:, but not limited to: a. Barbed wire and electrical fences, except in agricultural districts; b. Creosote lumber; c. Chicken wire; d. Woven or welded wire, except in the industrial district e. Snow Fences, except in the Agricultural/Rural Residential District f. Plastic webbing, except when used for police control. This shall not prohibit the use of plastic materials intended to resemble wood products; g. Makeshift, flimsy materials, or material such as paper, twine, rope, wood pallets, tin, except when used for traffic control or police security. 4. Decorative, landscape, retaining and/or privacy walls may be constructed out of stone masonry or brick provided they are: not less than four inches or more than 24 inches in widths. Such walls over four (4) feet in height shall require footings that support the structure as required by the MN State Building Code. 5. Concrete decorative, landscape, retaining and/or privacy walls shall be prohibited unless they are formed from decorative and/or colored concrete, less than 24 inches in height and included as part of an overall landscape theme which has been developed. 6. Other materials which are not specifically allowed by this Section, nor specifically prohibited may be permitted subject to City Council review and approval. Section 506.06: FENCE PLACEMENT 1. Fences that are not maintenance free can be placed directly on the shared property line provided the adjacent property owner (s) provide written consent in the form of a notarized signature at the time of permit application. If adjacent property owner (s) do not provide written consent then the fence shall be placed at least two (2) feet off the shared property line. Fences that are maintenance free can be constructed on the shared property line without notarized signature. Maintenance free for the purposes of this section shall mean: stone, brick, stucco, vinyl, plastic, or chain-link which is finished with a rust resistant material. 2. No fence shall be constructed that is less than two feet and parallel to an existing fence so as to create an area between the fences which has limited accessibility for purposes of maintenance. 3. Fences shall only be allowed in the side and rear yards except decorative fences may be allowed in the front yard provided they are no higher than three and a half (3 ½) feet and are not designed to enclose the entire front yard. 4. Fences shall not extend into public right-of-way and be setback a minimum of ten (10) feet from the surface of any street. 5. Fences shall be setback at least two (2) feet from any trail, or sidewalk. 6. The finished side of the fence shall face adjacent property. Section 506.07: LIVING FENCES. Living fences may be constructed out of trees or shrubs. Trees and shrubs used as fencing are not restricted in height; except the height of the living fence located to the front of a residential structure shall not exceed four feet. The owner of the property adjacent to a living fence may trim or prune that part of the tree or shrub which extends across the property line over his or her property. Living fencesdo not require a permit. Section 506.08: BORDER FENCE OR WALL. a) A fence or wall constructed of maintenance-free materials may be constructed adjacent to the property line so long as all parts of the fence, including post anchors, are located within the property of the owner and so long as the bottom of the fence (exclusive of posts or anchors) is at least two inches above the ground. For purposes of this paragraph, the term "maintenance-free materials" shall include stone, brick, stucco, vinyl, plastic, or chain-link which is finished with a rust resistant material. b) Fences and walls shall be constructed at least two feet inside the property line or adjacent to the property line, unless the, fence or wall is constructed of maintenance-free materials in accordance with paragraph (a) of this section. c) For any fence or wall located within six feet of a property line, that side of the fence which presents the most finished appearance, shall be the side which faces the adjacent property. d) No fence shall be constructed which is approximately parallel to an existing fence, and closer than two feet so as to create an area between the fences which has limited accessibility for purposes of maintenance. Section 506.08: VARIANCE. Provisionsof this ordinance may be varied by the City Council upon application, and after consideration and hearing by the Planning Commission with recommendation to the City Council. A fence variance application fee may be established by resolution of the City Council. Section 506.9: PRE-EXISTING FENCES. This Ordinance shall apply only to fences and walls constructed or reconstructed after July 1, 2012. Any pre-existing fence that does not conform with the provisions thereof shall not be altered, extended or reconstructed replaced except in conformance with this Ordinance. Section 506.10: MAINTENANCE OF FENCE. a) All fence and walls located within the City shall be maintained in a safe condition. The owner of the property on which a fence or wall is located shall be responsible for the maintenance and repair of the fence. b)No fence or wall may be maintained in a location which obstructs the ability of a driver of a motor vehicle to see other drivers or pedestrians on any street or alley. Section 506.11: EMERGENCY ACCESS TO FENCED AREAS. An access opening for emergency entrance shall be incorporated into any fenced areas within which a building is totally or partially located. For residential use property, the access opening shall be at least four (4) feet in width. For commercial or industrial use property, the access opening shall be at least fourteen (14) feet in width. A gate or unfenced area shall qualify as an access opening if of sufficient width. Section 506.12: RESTRICTIONS ON FENCES OVER PUBLIC EASEMENTS. Fences may only be erected over an easement if the landowner meets the requirements of St. Joseph Ordinance Section 302.03(b). If the request for the fence is approved, the City retains the right to require the landowner to remove or abate the fence where the fence interferes in any manner with the City’s easement use. If there is an emergency necessitating immediate access to the easement, the City reserves the right to remove the fence to obtain access to the easement. The landowner shall bear all costs for removal and restoration of the fence in the event the landowner is required to remove the fence for access to the easement or in the event the City removes the fence in the case of an emergency. The City specifically reserves all rights of an easement holder afforded under the common law of the State of Minnesota. Section 506.13: PENALTIES/REMEDIES. Violation of this ordinance shall constitute a misdemeanor as defined in this Code of Ordinance. When conditions are made a part of the terms under which this permit is granted, violation of the conditions is a violation of this ordinance. The City of St. Joseph may also seek civil remedies, including but not limited to a Court order directing maintenance or removal of the fence or injunctive relief prohibiting construction or maintenance of a fence in violation of this ordinance. This ordinance becomes effective from and after its passage and publication. th Passed by the City Council of St. Joseph, Minnesota the 5 day of April, 2021 Rick Schultz, Mayor ATTEST Therese Haffner, City Administrator This amendment was published on , 2021. Council Agenda Item c th MEETING DATE: April 5, 2021 AGENDA ITEM: Accessory Structure Ordinance Amendment SUBMITTED BY: Community Development BOARD/COMMISSION/COMMITTEE RECOMMENDATION: Planning Commission th recommended approval of the proposed ordinance amendments at their March 8, 2021 meeting. Planning Commission conducted a public hearing at their March meeting. BACKGROUND INFORMATION: The accessory structure amended ordinance is meant to: Create consistency between city code language and other applicable codes (building, fire, etc.) Clarify and eliminate redundant language Provide less restrictive options as it relates to maximum size requirements for detached buildings. BUDGET/FISCAL IMPACT: ATTACHMENTS: 1.Drafted amendments for accessory structures REQUESTED COUNCIL ACTION: 1.Staff requests action (approve/deny) the proposed ORDINANCE NO. 2021-0 AN ORDINANCE AMENDING THE CITY OF SAINT JOSEPH ZONING ORDINANCE REGARDING ACCESSORY BUILDINGS IN RESIDENTIAL DISTRICTS CITY OF SAINT JOSEPH COUNTY OF STEARNS STATE OF MINNESOTA Purpose and Intent: The purpose of this ordinance amendment is to amend Section 502.12 I, and M Subd. 1 Section B, D, E, Amendment: 502.12 Subd. 1 Sections B, D, E, I, and M are hearby amended as follows: Section502.12: GENERAL PERFORMANCE STANDARDS The intent of this section of the zoning ordinance is to establish general development performance standards. The regulations provided herein shall apply equally to all districts except where special provisions provide otherwise. Subd. 1: Accessory Buildings in Residential Districts. a)Detached accessory buildings shall be located in the rear yard. b)Detached accessory buildings which are greater than fifty (50) square feet, but less than two-hundred (200) square feet shall require a zoning permit. The Zoning Permit Fee shall be established and amended from time to time by resolution of the City Council. c)Detached accessory buildings two-hundred (200) square feet or greater shall require a building permit. d)Attached accessory buildings and structures shall comply with the setback regulations in the respective zoning district. Detached accessory buildings shall be setback a minimum of ten feet (10’) from the rear and side yard lot lines, except that on corner lots shall have a side yard setback of twenty feet (20’) feet from the property line on the intersecting street. Accessory buildings shall not be located over any easement.Any accessory building proposed to be within five feet, overhang to overhang of the principal building shall either be made structurally a part of the principle building or the wall and soffit area of the accessory building that is within five feet of the principal building shall be constructed to a one-hour fire rating. e) Accessory buildings shall not to exceed over one (l) story of or sixteen (16) feet in height whichever is less. f)All garages shall, if the vehicle entrance backs upon a public alley, be setback at least ten (10) feet from the public alley right-of-way. g) In no case shall the door of any structure, building, fence or improvement be erected or constructed so as to extend beyond any lot line. h) In business and manufacturing districts, accessory buildings and uses may occupy any of the ground area which the principal building is permitted to occupy. Accessory buildings such as buildings for parking attendants, guard shelters, gate houses and transformer buildings, may be located in the front or side yard in the Industrial District. i) Within the R-1, R-2 and R-4 districts no detached accessory structures, shall exceed the maximum lot coverage requirements outlined within the respective districts or the maximum allowable accessory structure square footage (floor area) as shown in table 1: Size of lot Maximum allowable square footage (floor area) 0-.5 acres 1,200 .51 aces – 1 acre 1,800 1.1-2 acres 2,200 2.1 acres and more No limits as long as lot coverage requirements are not exceeded Table 1 excluding decks, porches and patios but including attached garages, or any combination of accessory structures shall exceed 1,350 square feet or ten percent (10%), whichever is the lesser, of the total lot area. In addition, lot coverage requirements outlined within the respective districts shall be adhered to. j) Within the R-1, R-2, and R-4 districts no lot may have more than two (2) accessory buildings, excluding decks, porches and patios. k) Accessory building of less than fifty (50) square feet shall not be considered when computing the limitations of paragraph i. and j. above; but the combined area of accessory building of less than 50 square feet shall not exceed a total of 100 square feet. l) The same or similar exterior building material (such as siding, shingles, etc.) shall be used on the accessory building and the principal building except for sheds that are 100 square feet or less can be constructed of prefabricated plastic. Metal roofs are allowed provided they are constructed with standing seams and concealed or exposed fasteners. Sheds 200 square feet or less shall be anchored through a manufacture’s approved anchoring kit. m) Pole barns and/or post frame construction and hoop tubular frame buildings are prohibited. This ordinance becomes effective from and after its passage and publication. th Passed by the City Council of St. Joseph, Minnesota the 5 day of April, 2021 Rick Schultz, Mayor ATTEST Therese Haffner, City Administrator This amendment was published on , 2021. Council Agenda Item d th MEETING DATE: April 5, 2021 AGENDA ITEM: Parking lot standards Wetland setbacks SUBMITTED BY: Community Development BOARD/COMMISSION/COMMITTEE RECOMMENDATION: Planning Commission conducted th a public hearing at their March 8, 2021 meeting and recommended approval of the ordinance amendments (for both wetland setbacks and parking lot standards). PREVIOUS COUNCIL ACTION: N/A BACKGROUND INFORMATION: Proposed ordinance – wetland setback For your consideration, is a draft ordinance amendment reducing the wetland setback to 50 feet for drive and parking areas. This language will be consistent with language for building setbacks from wetlands. This setback will still provide the needed buffer for drainage and to filter stormwater before the wetland. 50’ setback is a larger setback distance then many of the communities in the surrounding area have. For example, the city of Sartell has a 20’ or 30’ setback for driveways (distance depends on the size of the wetland). Proposed ordinance – parking lot standards Staff has drafted an ordinance amendment to allow exceptions to curbing requirements if certain criteria are met. One of the main reasons for curb and gutter is for stormwater collection and runoff and to create consistent aesthetic standards. The proposed language allows the city to provide exemptions in certain situations and allows the city to place conditions on a project if an exemption is granted. The overwhelming majority of properties will still be required to curb but this language allows some departure if unique conditions warrant exploring the exemption. BUDGET/FISCAL IMPACT: N/A ATTACHMENTS: Ordinance doc – parking lot standards Ordinance doc – wetland setbacks REQUESTED COUNCIL ACTION: Staff requests action (approve/deny) the proposed rdinance for parking lot standards Staff requests action (approve/deny) the proposed rdinance for wetland setbacks. ORDINANCE NO. 2021-0 AN ORDINANCE AMENDING THE CITY OF SAINT JOSEPH ZONING ORDINANCE REGARDING OFF STREET PARKING LOT STANDARDS CITY OF SAINT JOSEPH COUNTY OF STEARNS STATE OF MINNESOTA The City Council of the City of Saint Joseph does ordain as follows: Purpose and Intent: The purpose of this ordinance amendment is to amend Section 502.10 Subd. 5 Section D and E “Parking Lot Standards” and renumber the remaining sections Amendment: 502.10 Subd. 5 Section D-N are hearby amended as follows: d)Necessary curbs or other protection against damages to adjoining properties, streets and sidewalks shall be provided and maintained. Concrete curbs to MnDOT Design B612 specifications shall be used for all automobile stops and for all drive and parking areas. Following a review by city staff, curbing requirements may be waived if any of the following conditions are met: 1. The city engineer has determined sheet drainage over ground would improve storm water quality. 2.Where an adjacent future development phase excluding future parking would be built that would result in the removal of the curbing. 3.The parking lot will be porous pavement, along with the installation and maintenance of rain gardens or infiltration features. 4.The City Engineer finds the area can be reasonably serviced by an alternative storm water structures/facilities and infiltration. 5.The development application illustrates that: a.Reasonable visual separation from adjoining properties, streets, and sidewalks is provided and maintained through the employment of alternate treatments such as landscaping or striping; or, b.The site is subject to a unified design/development that contains joint parking or public parking facilities. 6.The city may place conditions on properties allowed a waiver. Conditions can include but are not limited to: landscaping, buffering, stormwater control. e)For the purpose of promoting redevelopment of property, parcels within the Central Business District may be exempted from perimeter curbing requirements provided: 1.The City Engineer finds the area is reasonably serviced by area storm water structures/facilities. 2.The development application illustrates that: i.Reasonable visual separation from adjoining properties, streets, and sidewalks is provided and maintained through the employment of alternate treatments such as landscaping or striping; or, ii.The site is subject to a unified design/development that contains joint parking or public parking facilities. e)No sign shall be so located as to restrict the sight, orderly operation and traffic movement within any parking area. Only signs necessary for the orderly operation of traffic movement or parking regulation shall be permitted in any parking area (e.g. visitor parking, deliveries, handicap parking). Such signs shall not be considered part of the permitted advertising space and shall be subject to signage regulations. f)All parking lots shall be screened and landscaped from abutting residential uses or districts by a wall, fence or densely-planted compact hedge or tree cover not less than four (4) feet. g)Except in the case of single-family, two-family, and townhouse developments, parking areas shall be designed so that circulation between parking aisles or driveways occurs within the designated parking lot and does not depend upon a public street or alley and such design does not require backing onto the public street. h)A parking space shall be at least nine feet wide by twenty feet long (9’x 20’). In areas where the parking space may accommodate for the overhang of the front or rear bumper, such as the perimeter of the parking lot, the parking space may be a minimum of nine feet by 18 feet (9’x 18’). i)Parking Lot. Parking lot dimensions are set forth in the table below. Circulation patterns shall allow adequate room for emergency vehicles. Angle and Standard Depth Depth to Aisle Wall/wall Interlock traffic flow stall width to wall interlock width module Module 90 deg 2-way 9' 17.5' 17.5' 26' 61' 61.0 60 deg 2-way 9' 18.0' 16.5' 26' 62' 59.0 75 deg 1-way 9' 18.5' 17.5' 22' 59' 57.0 60 deg 1-way 9' 18.0' 16.5' 18' 54' 51.0 j)Drainage and Surfacing. Driveways shall not exceed a grade of six (6) percent and all parking lots except those for less than four (4) vehicles shall be graded according to a drainage plan which has been approved by the City Engineer. Catch basins, sumps and underground storm sewers may be required. k)Striping. All lots for five (5) or more vehicles shall have the organization of spaces painted on the surface according to the plan approved by the City. l)Circulation. Lots shall be so designed that internal circulation shall be available without utilizing the public street. m)Maintenance. It shall be the responsibility of the lessee and/or owner of the principal use, uses or building to maintain in a neat and adequate manner, the parking area, striping, landscaping and screening. n)Lighting. All lighting used to illuminate an off-street parking area shall be shaded or diffused so as to reflect the light away from the adjoining property and away from abutting traffic flow. This ordinance becomes effective from and after its passage and publication. th Passed by the City Council of St. Joseph, Minnesota the 5 day of April, 2021 Rick Schultz, Mayor TTEST A Therese Haffner, City Administrator This amendment was published on , 2021. ORDINANCE NO. 2021-0 AN ORDINANCE AMENDING THE CITY OF SAINT JOSEPH ZONING ORDINANCE REGARDING WETLAND SETBACKS FOR DRIVEWAY AND PARKING AREAS CITY OF SAINT JOSEPH COUNTY OF STEARNS STATE OF MINNESOTA Purpose and Intent: The purpose of this ordinance amendment is to amend Section 502.19 Subd. 4 Section A and B “Regulation of Activities Adjacent to Wetlands” and renumber the remaining sections Amendment: 502.19 Subd. 4 Section A-B are hearby amended as follows: Section 502.19: LAND, WOODLAND AND WETLAND PRESERVATION Subd. 4: Regulation of Activities Adjacent to Wetlands. a)The following activity shall be subject to a 50 foot setback from wetlands: The construction or maintenance of a building attached to a foundation, including but not limited to, pole buildings, and the construction or maintenance of paved driveways or areas designed for parking of vehicles or trailers. For purposes of this paragraph, pump houses, moveable storage sheds, recreational docks and storm water or erosion control devices shall not be considered buildings. b)The following activity shall be subject to a 75 foot setback from wetlands: The construction or maintenance of paved driveways or areas designed for the parking of a vehicle or trailer. b)The following activities shall be subject to a 100 foot setback from wetlands: 1.The construction or maintenance of a well used for agricultural irrigation, or any well less than 50 feet in depth. 2.External storage of materials used in conjunction with industrial or commercial processing or manufacturing. 1.The storage of waste or refuse generated by industrial or commercial activities. This ordinance becomes effective from and after its passage and publication. th Passed by the City Council of St. Joseph, Minnesota the 5 day of April, 2021 Rick Schultz, Mayor ATTEST Therese Haffner, City Administrator This amendment was published on , 2021. Resolution 2021-021 RESOLUTION DIRECTING SUMMARY PUBLICATION OF ORDINANCE NOS. The following official summary of the ordinance referred to has been approved by the City Council of St. Joseph as clearly informing the public of the intent and effect of the amendments. Accessory Structures 502.12 Subd 1 sections B, D, E, I, L and M o Purpose – specify size restrictions for detached accessory structures and clarify material requirements. Fence Ordinance 506 o Purpose – clarify review and inspection process, location requirements, and material standards. Outdoor dining and sidewalk cafes 502.22 o Purpose – Clarify language and review process along with material requirements, and appropriate standards. Land, Woodland, and Wetland Preservation 502.19 Subd. 4 Regulation of Activities Adjacent to Wetlands o Purpose – decrease the wetland setback for driveways from 75’ to 50’. Off Street Parking lot standards 502.10 Subd 5 Sections D-N o Purpose – changes to curbing standards. Copies of the entire text of the ordinances are available for inspection by any person at the office of the City Clerk any Monday through Friday between the hours of 8:00a.m. and 4:30 p.m. or on the City website at www.cityofstjoseph.com th d by the City Council of St. Joseph on the 5 Adopte day of April, 2021 _____________________________ Rick Schultz, Mayor ATTEST: _____________________________ Therese Haffner, City Administrator Council Agenda Items th MEETING DATE: April 5, 2021 AGENDA ITEM: Zoning Ordinance Variances – 7967 Sterling Dr. SUBMITTED BY: Community Development BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the variance requests. Staff recommends denial of the variance requests. PREVIOUS COUNCIL ACTION: None BACKGROUND INFORMATION: Applicant: MN Home Improvements Existing Zoning: Light Industrial Future Land Use: Light Industrial Andy Fischer from MN Home Improvements has requested variances from the parking lot material, curbing requirements and wetland setback for the property addressed as 7967 Sterling Dr, St. Joseph and within the St. Joseph Industrial Park East Plat 3 Subdivision. The subdivision was annexed into the City in 2019. The applicant purchased the property in October 2020 and was aware of city code standards prior to purchasing the lot (see attached email correspondence). The applicant has requested site plan approval for a new building to be constructed on the subject parcel. City ordinance requirements parking lots and all circulation areas to be paved with bituminous, concrete, or pavers, along with curb and gutter. The wetland ordinance requires buildings to be 50 feet from the wetland, while parking lots and circulation areas must be 75 feet. More information pertaining to the requests can be found on the following tables: Ordinance Variance Request by Staff recommendation Planning applicant Commission (PC) recommendation Zoning regulation Applicant is requesting Staff recommends denial PC recommended 502.19 Subd. 4 A). a variance to encroach of the variance but approval of a “The following activity into the required 75’ recommends amending the variance for a 35’ shall be subject to a 75 setback for driveways. ordinance to a 50’ setback driveway setback foot setback from for driveways from to wetland. wetlands: The Variance request is to wetland areas. This construction or be 35’ setback from language would be PC also maintenance of paved consistent with wetland recommended to wetland driveways or areas setbacks for buildings amend ordinances designed for the parking which is also 50’ to 50’ wetland of a vehicle or trailer.” setback Zoning regulation Applicant is requesting Staff recommends denial PC recommended 502.10 Subd. 3 N)varianceto deviate of variance request based approval of “All off-street parking from requirement of on attached findings of variance to do class and loading spaces, factresolution 2 gravel in all areas hard surfacing for together with driveways, driveway and of the site except aisles, and other circulation areas. on and to required circulation areas, shall ADA parking be a hard surface Variance request is to spaces constructed of concrete, permit applicant to bituminous, or paver install class 2 crushed stone.” gravel on the entire area of the site (driveway, loading and circulation areas) Zoning regulation Applicant is requesting Staff recommends PC recommended 502.10 Subd. 5 D) variance to do no amending the ordinance to approval of “Necessary curbs or curbing on the site allow exemptions to the variance to not do other protection against standard curbing curbing damages to adjoining requirements provided properties, streets and certain conditions/factors PC also sidewalks shall be are met and approved. recommended provided and approving maintained. Concrete ordinance curbs to MnDOT Design amendments to B612 specifications shall allow exemptions be used for all to curbing automobile stops and for requirements. all drive and parking areas.” A variance may be granted if enforcement of a zoning ordinance provision on a particular property would cause the landowner practical difficulties as defined by MN State Statute 462.357. A variance shall only be permitted if all of the following facts and conditions exists: 1. The variance is consistent with the adopted St. Joseph Comprehensive Plan. 2. The variance is in harmony with the general purposes and intent of this Ordinance. 3. The applicant establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties as used in connection with the granting of a variance shall mean: a.The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. This factor means that the landowner would like to use the property in a particular reasonable way but cannot do so under the rules of the ordinance. Staff Response: The purpose of the wetland setbacks is to provide an adequate buffer for pre-treatment prior to drainage entering the wetland. The purpose of the off-street parking regulation is to provide accessible, attractive, secure and well-maintained off-street parking and loading areas with the appropriate number of spaces in proportion to the needs of the proposed use. b.The plight of the landowner is due to the circumstances unique to the property not created by the landowner. Staff Response: The applicant was made aware of parking paving requirements prior to purchasing the lot. Staff is recommending an amendment to the off-street parking ordinance related to curbing requirements in certain situations i.e. sheet drainage is more appropriate as determined by city engineer. An amendment to the wetland ordinance setback is recommended for parking/drive areas to be consistent with the building setback requirement, while still providing adequate buffer and drainage area. Ordinance amendments provide an equitable application of regulations. c.The variance, if granted will not alter the essential character of the locality. Under this factor consider whether the resulting structure will be out of scale, out of place, or otherwise inconsistent with the surrounding area. Staff Response: There currently is a mix of bituminous and gravel parking lots/drives without curbing within the industrial park. Therefore, proposed portions of gravel and the absence of curbing would not be out of character within the industrial park. 4.Economic considerations alone shall not constitute practical difficulties under the terms of this Ordinance. 5.Practical difficulties shall include, but are not limited to, inadequate access to direct sunlight for solar energy systems. 6.Variances shall be granted for earth sheltered construction as defined in MN Statute 216C.06, Subd. 14 as may be amended, when in harmony with the zoning ordinance. 7.Additional Conditions: If granting a variance, the City Council may impose conditions to ensure compliance with this Ordinance and to protect adjacent properties. BUDGET/FISCAL IMPACT: N/A ATTACHMENTS: Variance application Site plan Email correspondence Industrial Park East pics (provided by staff) setback) Staff recommended Resolution for denial of variance #1 (wetland Resolution for support of variance #1 (wetland setback and Planning Commissionrecommended) Resolution for denial of variance #2 (driveway material requirements) Staff recommended Resolution for support of variance #2 (driveway material requirements and PlanningCommission recommended) Resolution for denial of variance #3 (curbing requirements) Staff recommended Resolution for support of variance #3 (curbing requirements and Planning Commissionrecommended) REQUESTED COUNCIL ACTION: Staff requests separate action on each of the following: Variance #1 resolution denial of variance to wetland setback Variance #2 resolution denial of variance to driveway material requirements Variance #3 resolution denial of variance to curbing requirements The council may in lieu of the denial resolutions make a recommendation on the Planning Commission recommendations. also make a recommendation on each of the resolutions that the Planning Commission recommended (should Council support said resolutions in lieu of the denial resolutions). www.schultzengineeringdesign.com 4 ST. JOSEPH, MN License No.: 43129Date: XX/XX/2020 schultzeng@live.comSartell, MN 56377 7967 STERLING DRIVE Fx: (866) 633-1830Suite 230 AND WETLAND SETBACKS 3 Brian J. Schultz, PE Ph: (320) 339-066918 South Riverside Avenue 1 ADDED IMPERVIOUS AREA INFORMATION01/13/2021 2 & SITE DESIGN ADDED TRASH ENCLOSURE01/04/2021 OF 1 NEW FACILITY SCHULTZ ENGINEERING DESCRIPTIONDATENO. Engineer under the laws of the state of Minnesota MINNESOTA HOME IMPROVEMENTS by me or under my direct supervision and that I am a duly licensed I hereby certify that this plan, specification or report was prepared20036 CS1 REVISIONS 1"=30' SCALE: PROJECT NUMBER: PRELIMINARY - NOT FOR CONSTRUCTION PRELIMINARY CIVIL CHECK SET - 01/13/2021 (REV) NTS 120 4" CONCRETE4" MNDOT 3149.2B2 SELECTAPPROVED COMPACTEDSUBGRADE (MNDOT CONCRETE MIX 3F52)GRANULAR BORROW 60 30 NTS 0 SITE PLAN MNDOT CLASS 2AGGREGATE SURFACINGMNDOT CLASS 5AGGREGATE BASE APPROVED COMPACTEDSUBGRADE CONTRACTION AND EXPANSION JOINTS SHALLBE CONSTRUCTED AS PER MNDOT SPEC.2521.3C2 THE REQUIRED COMPACTION DESCRIBED IN THE GENERAL NOTES (SHEET C1). TEST ROLLING OF THE SUBGRADE SHALL BE OBSERVED BY A QUALIFIED GEOTECHNICAL ENGINEER OR TECHNICIAN. LOCATIONS EXHIBITING EXCESSIVE RUTTING (PER MNDOT SPEC. 2111) SHALL BE REPAIRED TO THE SATISFACTION OF THE ENGINEER PRIOR TO THE PLACEMENT OF AGGREGATE BASE. COMPACTION TESTING IN UTILITY TRENCHES SHALL BE PERFORMED BY AN INDEPENDENT TESTING FIRM. GRAVEL BASE SHALL BE OBSERVED BY A SOILS ENGINEER TO VERIFY STABILITY. OR CONCRETE SURFACING SHALL BE SAWCUT TO OBTAIN A VERTICAL EDGE. ABUTS EXISTING CONCRETE, AND AT ALL LOCATIONS WHERE SEPARATE CONCRETE POURS ABUT EACH OTHER. TIED TO THE FLOOR SLAB WITH #4 BARS ALONG THE ENTIRE WIDTH OF THE DOORWAY. (SEE 2/C1). AND CURB AND GUTTER. 2. GRAVEL BASE COURSES SHALL BE ROLLED AND COMPACTED. TEST ROLLING OF THE3. ALL EXISTING BITUMINOUS OR CONCRETE EDGES, WHICH WILL ABUT NEW BITUMINOUS4. EXPANSION JOINTS SHALL BE PLACED AT ALL LOCATIONS WHERE NEW CONCRETE5. CONCRETE PAVEMENT OR APRONS, WHICH ABUT DOORWAY OPENINGS SHALL BE6. SEE SHEET C1 FOR SPECIFICATIONS REGARDING THE CONSTRUCTION OF PAVEMENTS, SURFACING NOTES:1. SUBGRADES SHALL BE SCARIFIED AND/OR COMPACTED AS NECESSARY TO ATTAIN CONCRETE SIDEWALK SECTION 3 CIVIL SHEET INDEXCS1...........................................................................................................................................SITE PLANC1............................. .................................................................STANDARD NOTES & SPECIFICATIONSC2..................................................................................................... ..............................GRADING PLANC3....................................................................................................................................SWPPP - NOTESC4............................................................................................................................SWPPP - PLAN VIEW NTS NTS CONCRETEFLOOR SLAB APPROVED COMPACTEDSUBGRADE 6" CONCRETE(MNDOT CONCRETE MIX 3A41)6" MNDOT 3149.2B2 SELECTGRANULAR BORROW GRAVEL SURFACING 3"5" CONCRETEAPRON 4 4" (TYP) #4 BARS AT 24" O.C., EACH WAY REINFORCEMENT: #4 BARS JOINT 4" (TYP) THE MIDDLE OF THE PAVEMENT THICKNESS NOTE: PLACE CONCRETE REINFORCEMENT AT 2. BAR SPACING: 12" O.C. FOR 8" CONCRETE APRONS 18" O.C. FOR 6" CONCRETE APRONS3. BARS SHALL BE PLACED AT THE CENTER OF THE THINNEST APRON OR SLAB, BUT SHALL4. BARS SHALL BE PLACED ACROSS TOTAL WIDTH OF BUILDING ENTRANCE NOTES:1. REINFORCEMENT SHALL BE PROVIDED AT ALL BUILDING ENTRANCES WHERECONCRETE APRONS ABUT CONCRETE FLOOR SLABSHAVE A MINIMUM BAR COVER OF 3" CONCRETE APRON/PAVEMENT SECTION APRON/FLOOR SLAB JOINT REINFORCEMENT 1 2 T S 18" CULVERTINV=1064.72 T 13 SPACES 13 SPACES S T MATCH EXISTINGPAVEMENT (TYP) S " 0 760 1- ' 0 3 : R 6 6 0 1 5""""""""""""""""""""""""""""""""""""""""" 6 0 1 4 5 ' 8 9 6 1 0 " 1 11111111111111111111111111111111111111111 18" CULVERTINV=1063.78 0 0 0 - . 4 5' 60 1 0 53.6=0 6 11111111111111111111111111111111111111111 3 2D 4 : TOTAL LOT AREA = 83,672 SFTOTAL IMPERVIOUS AREA = 24,500 SF% IMPERVIOUS AREA = 29.3%TOTAL BUILDING AREA = 4,995 SF% BUILDING AREA = 6.0% .IMPERVIOUS AREA CALCULATION = 8 R 36 01 R 2 2 = L 9 1 . 0 2 ST. JOSEPH ORDINANCE:"OFFICE" USE: 1 SPACE PER 250-SF BUILDING AREA"WAREHOUSE" USE: 1 SPACE PER 1,000-SF BUILDING AREAOFFICE = 2,375-SFWAREHOUSE = 2,620-SFOFFICE: 2,375 / 250 = 9.5 SPACESWAREHOUSE: 2,620 / 1,000 = 2.6 SPACESTOTAL REQUIRED PARKING SPACES = TOTAL PROVIDED PARKING SPACES = PARKING SPACE CALCULATION BUILDING AREASREQUIRED PARKING SPACESPROPOSED PARKING SPACES (OF WHICH 1 SPACE IS HANDICAP ACCESSIBLE) 7 6 0 1 3 T HA PL EP F S T O OS SJA " . 0 EE '- T 0 NK 3 S I R , L 1A . P EK L C F A O O I L . R B ,T W .6S TU & F D 5 0 N 0SI . T 0 E'LY LINE OF LOT 6, BLOCK 1,ST. JOSEPH INDUSTRIAL PARKEAST PLAT 3 & W'LY ROW LINEOF STERLING DRIVE1 O 3L E 6N I 0 L 1 5 7 46 6 60 0 1 01 7 8 1 6 6 0 10 MATCH EXISTINGPAVEMENT (TYP) 6 1 6 0 1 2 6 0 1 99999999999999999999999999999999999999999 K 0 C . 00000000000000000000000000000000000000000 """"""""""""""""""""""""""""""""""""""""" A B 9 0 " T 7 0 - ' E.0 7 3 : S 3 R 01 ' G 9 = 8 N I 3 D 1L L I = GRAVELSURFACING (TYP)U " B 6 R ' 0 0 2- ' 3 =0 3 K: D R C A B 7 T 6 E S 0 4 1 4 E BENCHMARK=1069.76 (88 DATUM)-"X" ON SOUTHEAST CORNER OFELECTRIC PEDESTAL . 8 V 6 7 I 0 1 1 R D WELL /(BY OTHERS) G N 20FT DRAINAGE & UTILITYEASEMENT PER ST. JOSEPHINDUSTRIAL PARK EAST PLAT 3 I K 8 K C R 0 .A A B 3"P T 0 -" ' 3 E 0 0D- ' 3S 3 0 N3 C G A L N I T E D """"""""""""""""""""""""""""""""""""""""" L E I W '1 U 7 B5 6 7 2 0C D 1 ' 00000000000000000000000000000000000000000 N 4 " A 0 44444444444444444444444444444444444444444 L0 7 T""- .5 )' E 2 00 0 P -- DRAINAGE & UTILITYEASEMENT & WETLANDS PERST. JOSEPH INDUSTRIALPARK EAST PLAT 3 ''.0 53 W Y: '08 T R LOT 6 0 702 31( BLOCK 1 : 5 C )PYT( 1 R 2 7 "0-'9 1 = = " = 0 ) R -D " ' P 0 8- )'L Y P 0 Y1 T T (3 E "( LOT 5 0 -' 9 7 6 0 "1 0 - ' 2 3 6 4 0 1" GRAVELSURFACING (TYP) SURFACING GRAVEL (TYP)0 - ' 6 5 2 6C E 0 "0- '8 1 4 "0-'8 6 0 110FT DRAINAGE & UTILITYEASEMENT PER ST. JOSEPHINDUSTRIAL PARK EAST PLAT 3 1 " 0 - ' 8 1 " C E 6 "0-'5 - ' 5 6 6 5 0 EDGE OF WATER(AS LOCATED 9-24-20)1 4-FT CONCRETEAPRON (TYP)7 CONCRETESIDEWALK (TYP) PROPOSEDBUILDING 6 CONCRETEPAVEMENT(TYP) 0 1 TRASH C ENCLOSURE E "0-'5 W LINE OF LOT 5, BLOCK 1,ST. JOSEPH INDUSTRIALPARK EAST PLAT 3 KCABTE S GNIDLIUB '5 2 " 0-'09 NW CORNER OF LOT 5, BLOCK 1,ST. JOSEPH INDUSTRIAL PARK EAST PLAT 3 " 0 - ' 5 86.9 5 2 EC 69.4 52 6 6 0 1 STATUTE 169.346 ($200.00 FINE) AND MN MUTCD PROVIDE HANDICAP SPACE SIGNAGE AS PER MNPROVIDE "NO PARKING" SIGNAGE AT THE HEAD OFHANDICAP ACCESS AISLES, NO MORE THAN 8-FTFROM THE HEAD OF THE AISLES 2. 1. HANDICAP SIGNAGE ACCESS AISLE "NO PARKING"SIGNAGE (TYP)INDUSTRIAL PARK HANDICAP SIGNAGE W/SW CORNER OF LOT 5,BLOCK 1, ST. JOSEPHEAST PLAT 3 SEPTIC SYSTEM/DRAINFIELDTO REMAIN UNDISTURBED (BY OTHERS) www.schultzengineeringdesign.com 4 ST. JOSEPH, MN License No.: 43129Date: XX/XX/2020 schultzeng@live.comSartell, MN 56377 7967 STERLING DRIVE Fx: (866) 633-1830Suite 230 3 Brian J. Schultz, PE Ph: (320) 339-066918 South Riverside Avenue 4 2 & SITE DESIGN OF 1 NEW FACILITY SCHULTZ ENGINEERING DESCRIPTIONDATENO. Engineer under the laws of the state of Minnesota MINNESOTA HOME IMPROVEMENTS by me or under my direct supervision and that I am a duly licensed C1 I hereby certify that this plan, specification or report was prepared20036 REVISIONS PROJECT NUMBER: PRELIMINARY - NOT FOR CONSTRUCTION PRELIMINARY CIVIL CHECK SET -11/20/2020 STANDARD NOTES& SPECIFICATIONS - 3" slump, 4500 psi, 5-8% air 1 2 2) Concrete Specifications: a) 3F32: b) 3F52: 2 - 5" slump, 4500 psi, 5-8% air c) 3A41: 2 - 5" slump, 4500 psi, 5-8% air d) Temperatures of all concrete during placement shall be 50-deg F to 90-deg F 1) Place concrete as soon as possible after mixing. Place before initial set has occurred, and in no event after it has contained its water content for more than one hour. 2) Avoid overworking concrete or allowing concrete to fall unrestricted for excessive vertical distances, and other situations which can cause segregation of the aggregates. 3) Concrete pavements shall be placed in accordance with applicable portions of MnDOT 2301. 4) Sidewalks shall be placed in accordance with MnDOT 2521. 5) Curb and gutter shall be placed in accordance with MnDOT 2531. 1) Provide adequate protection against rain, sleet and snow before and during placement and finishing of concrete. 2) Protect concrete from premature drying. Provide temporary covering as required. Keep concrete continuously moist for 7 days. 3) Treat concrete with membrane curing compound in accordance with MnDOT 2531.3G. 1) Do not place concrete when the atmospheric temperature is below 40 degrees F., or when the concrete is likely to be subjected to freezing temperatures within 24 hours after it has been deposited unless adequate temporary heating is provided. 2) Maintain concrete temperature of 40 to 90 degrees F. for 3 days. Protect from freezing for the following 5 days. 3) No frozen materials may be used in the concrete. Chemicals may not be used to prevent freezing unless approved by the Engineer. 4) Perform all cold weather concreting in accord with ACI 306. 1) Do not place concrete when the atmospheric temperature is above 100 degrees F. 2) Maintain concrete temperature of 40 to 90 degrees F. for 3 days. Protect from temperatures over 90 degrees for the following 5 days. 3) Thoroughly wet dry porous surfaces before concreting. 4) Water reducing admixtures with retarding properties are required for all concrete placed when the temperature exceeds 80 degrees F. 5) Perform all hot weather concreting in accord with ACI 305. 1) Provide a broomed finish on exterior sidewalks and ramps unless noted otherwise. 1) The Contractor shall hire an independent testing firm to provide the following tests: a) The independent testing technician shall perform random field testing of the fresh concrete including slump, air content, and temperature. (ASTM C143, C173, C231 and C138). One series of the aforementioned tests shall be performed on the first load of concrete. b) The independent testing technician shall cast a set of four compression test cylinders for the first load of concrete as well as 1 set for every 100 cubic yards, or fraction thereof, of concrete thereafter. Compression tests shall be performed on one test cylinder at 7 days and two test cylinders at 28 days. The fourth test cylinder shall be retained in the event of failing compression tests on the 28-day test cylinders. CONCRETE PLACEMENTPROTECTIONCOLD WEATHER CONCRETEHOT WEATHER CONCRETEFINISHINGQUALITY CONTROL 1) Coarse: MnDOT Spec. 3137. 2) Fine: MnDOT Spec. 3126.WATER 1) Clean, fresh and potable, MnDOT Spec. 3906.AIR ENTRAINING ADMIXTURES 1) ASTM C260. 2) Provide entrainment of 4 - 7 percent by volume. 1) ASTM C150, Type I plus an approved air entraining agent, or Type IA air-entraining Portland cement.OTHER ADMIXTURES 1) MnDOT Spec. 3113. 2) Calcium Chloride or materials containing chlorides or nitrates shall not be allowed.PROPORTIONING AND DESIGN OF MIXES 1) Concrete Classifications a) Curb and gutter, slip-formed concrete: MNDOT Spec. 2461, Mix Design 3F32 b) Sidewalk, aprons, incidental concrete, manual curb & gutter: MNDOT Spec. 2461, Mix Design 3F52 c) Concrete pavements: MNDOT Spec. 2301, Mix Design 3A41 d) Repair concrete, fast strength concrete: MNDOT Spec. 2301, Mix Design 3A41HE AGGREGATESPORTLAND CEMENT CONCRETE PAVEMENT, CURB & GUTTER, AND SIDEWALKSTANDARDS 1) ACI 318, ACI 315, CRSI, ACI 301, latest adoptions. 2) Minnesota Standard Specifications for Construction, most recent editionGRANULAR BASE COURSE MATERIAL 1) Compacted thickness of finished base: 6" - Concrete Pavement/Aprons 4" - Concrete Sidewalk 2) Base material shall consist of MNDOT 3149.2B2 Select Granular Borrow. 4) Wet base material to approximate optimum moisture content either prior to delivery to job site or as soon as practical after being placed on subgrade. 5) Place in layers not exceeding 4" thickness (loose). 6) Compact with pneumatic or vibrating steel drum rollers. 7) After base course has been graded and compacted, thoroughly wet and slush roll with roller until all aggregates are thoroughly embedded. STANDARDS 1) Minnesota Standard Specifications for Highway Construction, most recent edition. 1) Compacted thickness of finished gravel courses: Class 5 base - 5" Class 2 surfacing - 3" 2) Process material for aggregate base shall meet the requirements of MNDOT Spec. 3138, Class 5. Process material for aggregate surfacing shall meet the requirements of MNDOT Spec. 3138, Class 2. 3) The subgrade shall be tested and observed to the satisfaction of the Engineer prior to placement of aggregate base material. Install base material as required to accommodate new plan grades. 1) End sections shall be provided at all pipe inlets and outlets. 2) The end sections shall consist of material matching the material of the pipe, which it is being connected to. Materials and joints shall be as per the specifications described above for the applicable pipe material. 3) The last 3 joints of RCP shall be tied, and the end section shall the be provided with an approved trash guard. 1) Unless otherwise noted, manhole and catch basin structures shall consist of precast concrete, and meet the requirements of Section 719.6 of the UPC (sanitary only), and Sections 2621.2C and 2621.3D of the CEAM Standard Specifications 2) Catch basins shall be provided with the following castings: a) Along curbline: 27" Structure: Neenah R-3075-L, 48" (or larger) Structure: Neenah R-3067-L b) Isolated (in paved area): Neenah R-2553 c) Isolated (in vegetated area): Neenah R-2560-EA w/ type "C" grate 3) Manholes shall be provided with the following castings: a) Sanitary: Neenah R-1733 w/ concealed pick hole b) Storm: Neenah R-1733 lettered "STORM", center pick hole 1) Unless otherwise noted, installation of all water and sewer pipe, fittings, and appurtenances shall be as per the CEAM Standard Specifications.TESTING REQUIREMENTS 1) Water and sewer pipe, fittings, and appurtances shall be inspected and tested as per Sections 2611.3E-2611.3H and 2621,3F-2621.3H of the CEAM Standard Specifications. 2) In the event of discrepancies between the testing requirements of the MN Plumbing Code and the CEAM Standard Specifications, the most stringent will govern.GRAVEL SURFACING NOTESGRANULAR BASE AND SURFACE COURSES END SECTIONS - STORMMANHOLES AND CATCH BASINS - SANITARY AND STORMINSTALLATION 5) Optimum moisture-density relationship will be determined by testing laboratory in accordance with ASTM D698 and maximum density determination made by Method D of ASTM D698 unless otherwise noted in these specifications.SUBGRADE PREPARATION 1) Finished subgrade elevations shall be as follows: a) Gravel surfacing: 8" below finish grade. b) Concrete pavement/apron: 12" below finish grade. c) Concrete sidewalk: 8" below finish grade (plus thickened edge). d) Lawn areas: 4" below finish grade. e) Planting areas: See Landscaping Plans/Details 2) The tolerance for areas to be paved shall not exceed 0.15 feet above or below plan subgrade. 3) The Contractor shall protect newly graded areas from erosion. Settlement or washing that occurs prior to acceptance of the Work shall be repaired and grades re-established. 1) RCP pipe and fittings shall meet the requirements of ASTM C76, and Section 2621.2A3 of the CEAM Standard Specifications 2) Pipe joints shall meet the requirements of Section 2621.3A3 of the CEAM Standard Specifications 3) The ASTM strength class of pipe shall be Class III unless otherwise shown on the Plans. 4) The pipe shall be drawn together by some approved method of jacking or winching. This pressure must be maintained until sufficient backfill is placed to keep the joint from opening. STANDARD SPECIFICATIONS 1) The following standard specifications shall apply to this project: a) Minnesota Plumbing Code - MN Rules Chapter 4714 (MN Dept. of Labor and Industry-MNDLI) b) Uniform Plumbing Code, latest edition (UPC) c) "What you need to know about utility service connections in the 2015 Minnesota Plumbing Code" http://www.dli.mn.gov/CCLD/PDF/pe_usc.pd f d) City Engineers Association of Minnesota (CEAM) Standard Specifications e) American Society for Testing Materials (ASTM) f) American National Standards Institute (ANSI) g) American Water Works Association (AWWA) h) Minnesota Department of Transportation "Standard Specifications for Construction" (MN/DOT) 2) The Contractor shall comply with all local ordinances and codes 3) Certifications of all utility materials, as well as shop drawings, shall be submitted to the Engineer for review 1) HDPE pipe and fittings shall meet the requirements of ASTM F2306, and Section 2621.2A8 of the CEAM Standard Specifications 2) Pipe joints shall meet the requirements Section 2621.3A3 of the CEAM Standard Specifications 3) Minimum wall thickness shall be 0.035 inches for 12 and 15 inch diameter pipe, and shall be 0.05 inches for 18 and 24 inch diameter pipe. 4) Storm sewer crossing above and within 10-ft of existing or proposed water main or services shall meet the requirements of schedule 40 PVC.REINFORCED CONCRETE SEWER PIPE (RCP) AND FITTINGS - STORM UTILITY NOTESHIGH DENSITY POLYETHYLENE PIPE (HDPE) AND FITTINGS - STORM 1) The Contractor shall remove excess excavated material, debris, and waste materials, from the Owner's property and legally dispose of it in accordance with all governing codes. 1) Scarify subgrade to depth of 3" prior to placing topsoil. Spread topsoil evenly over complete subgrade as follows: a) Lawn Areas on Private Property: Spread 4" lightly compacted layer of topsoil. b) Lawn Areas in Public Right-of-way: Per City requirements c) Planting Areas: See Landscape Plan/Details 2) Finish grade accurately within 0.15 feet of finish grades shown on the project drawings, less the thickness of any sod where it is to be installed. Slope all grades away from buildings to provide positive drainage. 3) Prepare topsoil suitable to receive seed and/or sod. Grading of areas designated for topsoil shall be reasonably smooth and even, and in accordance with MNDOT Spec. 2105.3G and 2574.3A4. All debris and stones exceeding 3" in diameter shall be removed from the soil surface of these areas prior to seeding. Areas compacted by vehicles or storage of materials shall be plowed, disked and harrowed to match texture of other finish graded areas. 4) Grass seed shall be in accordance with MnDOT Spec. 3876, seed mix No. 25-131, applied at the rate of 220 pounds per acre or as indicated on the landscape plans. Mulch shall be applied and discanchored to all seeded areas and shall meet the requirements of MnDOT Spec. 3882, Type 3 or as otherwise indicated by the Engineer. DISPOSAL OF EXCESS WASTE MATERIALSSPREADING TOPSOIL AND FINISH GRADING 3) Areas exhibiting a failed compaction test shall be re-compacted and re-m tested to the satisfaction of the Engineer prior to acceptance of the project. 4) Copies of all compaction testing and test roll observation reports shall be provided to the Engineer. 1) Utility Trench Backfill: The Contractor's independent soils technician and approved testing laboratory shall perform in-place density and moisture tests at random depths in trench backfill at 100 foot intervals, or fraction thereof. Compaction of trenches shall be a minimum of 95% of the maximum dry density (as determined by the independent testing laboratory) in lawn areas, and at depths greater than 3 feet below areas designated for pavement. Compaction of trenches at depths within 3 feet of paved surfaces shall be a minimum of 100% of the maximum dry density. 2) Compacted Fill Under Pavements: Compaction tests shall not be required beneath new pavements. Adequate compaction of materials under pavements shall be determined by test rolling the subgrade, and checking for excessive rutting. Test rolling shall be performed as per MNDOT Spec. 2111. STANDARDS AND REFERENCESSpecifications for Construction and review the specification sections applicable to the plans.specification sections. 1) The Contractor shall maintain all benchmarks, monuments and other reference points. If any are disturbed or destroyed, they shall be replaced at the Contractor's expense. 2). The Contractor shall contact the Engineer immediately if any unknown functioning underground utilities are discovered during the course of the project, which may interfere with construction. The Contractor shall wait for instructions before proceeding. 3) The Contractor shall be responsible for any damage to functioning underground or overhead utility lines. Damaged utilities shall be repaired immediately and service restored at no additional cost to the Owner. 4) The Contractor shall provide barricades, shoring and other safety measures required by OSHA. 5) The Contractor shall protect all adjacent existing facilities from damage, including, but not limited to settlement due to excavations, erosion, etc. The Contractor shall be responsible for the repair of such damages. 1) The Contractor shall become familiar with the project site, and compare actual conditions in the field with those shown on the project drawings. The Contractor shall contact the Engineer immediately if any inconsistencies are found between the existing conditions and the project drawings. 2) No extra compensation will be allowed due to unusual conditions which could have reasonably been determined or anticipated by examination of the project site and project drawings. 1) Elevations shown on the project drawings are finished grade elevations, unless noted otherwise. Elevations not specifically indicated shall be determined by interpolation of uniform slope between spot elevations and/or contours, or between such points and existing elevations. Adequate slope shall be constructed to provide positive drainage away from structures. 2) If inconsistencies exist on the plans between contours and spot elevations, the spot elevations shall govern.TOPSOIL 1) Adequate imported and/or stockpiled salvageable topsoil shall be utilized for this project. 2) Topsoil shall be free of clay lumps, roots, brush, large stones, and debris, and shall have a minimum organic content of 5 percent. 3) Remove topsoil to its entire depth from areas, which are to be disturbed by new construction work. Existing lawn areas, which are not in the proposed construction area(s) shall remain in place. The Contractor shall field verify topsoil depths between any soil borings, and remove to greater depths than indicated in the soils report if such conditions are encountered. Salvaged topsoil shall be maintained in stockpiles. 4) Stockpiled topsoil shall only be used for finish grading of new lawn areas. Excess topsoil shall be removed from the site by the Contractor. 5) Protect all existing lawn areas, plantings, and other landscaping to remain in place. Any damaged areas shall be replaced at the Contractor's expense. 1) The Engineer shall be contacted immediately if any unforeseen major obstacles are encountered during excavation, such as abandoned wells, abandoned or functioning utilities, subsurface streams or rock, etc., which would add significant expense to the Contractor. 2) The Contractor shall still be responsible for completing all work required for this project where encountered conditions may be reasonably determined from a soils/geotechnical report and review of the project site and contract documents. 1) Surface drainage shall be provided during construction in a manner so as not to create a nuisance to adjacent areas. 2) All excavations shall be free of water during construction within the excavations. Dewatering shall be accomplished by pumping or trenching, and shall be conducted regardless of the cause, source, or nature of the water. 3) Berms, cofferdams, or piling shall be provided as necessary to protect excavations. 4) Excavations shall be sloped to drain, and necessary pumps, hoses and other equipment shall be provided to keep excavation free of water. 5) All temporary equipment used for dewatering shall be removed from the site when no longer necessary. 1) Rough grading of all areas within the construction limits, including adjacent transition areas shall be reasonably smooth and compacted. The rough graded subgrade surface generally shall not be more than 6 inches above or below the established subgrade elevations. All ditches, swales, and gutters shall be graded to drain adequately. The subgrade shall be evenly sloped to provide drainage away from building walls in all directions at a minimum slope of 1%. The Contractor shall provide rounded transitions at top and bottom of banks and other breaks in grade. 2) Fill and backfill materials shall be inorganic soils free of roots, rocks, boulders, and debris. 3) Bedding material or granular backfill larger than 2" in its largest dimension shall not be allowed within 2 feet of new underground pipes. Material larger than 3" in its largest dimension shall not be allowed within 1 foot of subgrade elevation. 4) Imported compacted fill material shall have a maximum of 12 percent passing the #200 sieve, by weight. The proposed fill material shall be tested by an independent testing lab for suitability as compacted fill for this project. The Contractor shall pay for the testing services and provide a copy of the test results to the Engineer. 5) The Contractor shall fill and grade as necessary to bring surface to required elevations, and provide all materials necessary, whether obtained on or off the project site. 6) The Contractor shall place compacted material in uniform horizontal lifts not exceeding 8" in depth for clay soils, and 12" in depth for sandy soils, and compact as required to achieve specified density. 7) Compaction shall be obtained with the use of vibratory rollers or rammers. During compaction, fill material shall contain moisture content, as necessary, for the required compaction as indicated by an independent testing laboratory. The moisture shall be uniform throughout each lift. If the material is too dry, water shall be added with approved equipment and methods, which will not wash out fine material. If the material is too wet, it shall be dried by harrowing, disking, blading, or other approved methods recommended by the independent testing laboratory. 8) Areas designated for pavement in excavated (cut) areas shall be scarified to a depth of 1 foot. The Contractor shall bring the subgrade material to optimum moisture content as indicated by the independent testing laboratory, and compact the subgrade to the specified density listed below for soils underneath pavements. 9) The Contractor shall not place fill material when either the fill material, or the material on which it is to be placed, is frozen. Any soft or yielding areas appearing in the fill resulting from frost, rain, or any other reason whatsoever shall be scarified, removed, recompacted and/or otherwise rectified to the satisfaction of the Engineer before any new fill is placed.COMPACTION TESTS Materials and construction methods specified in the plans reference the Minnesota Department of Transportation(MNDOT) Standard Specifications for Construction. The Contractor shall obtain a current copy of MNDOT's StandardIt is mandatory that the Contractor be knowledgable of the applicable MNDOT specification sections during construction.No additional compensation will be paid to the Contractor for additional work due to unfamiliarity with the applicableContractor shall refer to the geotechnical report for additional requirements and recommendations.EARTHWORK NOTESPROTECTIONPROJECT CONDITIONSPLAN GRADESUNFORESEEN OBSTACLESDEWATERINGFILLING AND GRADING www.schultzengineeringdesign.com 4 ST. JOSEPH, MN License No.: 43129Date: XX/XX/2020 schultzeng@live.comSartell, MN 56377 7967 STERLING DRIVE Fx: (866) 633-1830Suite 230 3 Brian J. Schultz, PE Ph: (320) 339-066918 South Riverside Avenue 4 2 & SITE DESIGN ADDED TRASH ENCLOSURE01/04/2021 OF 1 NEW FACILITY SCHULTZ ENGINEERING DESCRIPTIONDATENO. Engineer under the laws of the state of Minnesota MINNESOTA HOME IMPROVEMENTS by me or under my direct supervision and that I am a duly licensed C2 I hereby certify that this plan, specification or report was prepared20036 REVISIONS 1"=30' SCALE: PROJECT NUMBER: PRELIMINARY - NOT FOR CONSTRUCTION PRELIMINARY CIVIL CHECK SET - 01/04/2021 (REV) 120 NTSNTS 60 COMPACTED GRANULARBEDDING MATERIALMEETING THEREQUIREMENTS OFMNDOT SPEC. 3149.2H RUBBER GASKET(S) ASTM C443-79 TOP OF BERM = SEE PLAN SHAPE BEDDING TOMATCH BELL SECTIONS BASIN BOTTOM = SEE PLAN WITH SEE PLAN FOR INTERIOR DIAMETER (ID)WATERSTOP GASKET, OR APPROVEDEQUIVALENT W/ NON-SHRINK PATCHINGCOMPOUND, AT PIPE/STRUCTURECONNECTION PRECAST CONCRETE BARREL(S)SEE PLAN FOR PIPE DIAMETER 5" TOPSOIL 130 ANCHORS, OR APPROVED EQUIVALENT: HAALA PS48-58S CASTING W/ WEDGE(INSTALL PER MANUFACTURER'SREQUIREMENTS AND SPECIFICATIONS 4 PRECAST CONCRETE BASE 6" MIN. 12" 0 GRADING PLAN 16" (TYP) 12" SEE SPECIFICATIONS FOR BACKFILL AND COMPACTIONREQUIREMENTS SIDE SLOPES OF TRENCH SHALL MEET OSHA REQUIREMENTS GROUT INVERT TOOUTLET PROVIDE POSITIVEDRAINAGE TO PLASTICSTEPS 1 : 3 RIM ELEVSEE PLAN CONVENTIONAL LAWNGRASS SEEDINGOUTLET ELEV, AND OUTSIDEOF BASIN) (ABOVE BASIN OVERFLOW/ STORM MANHOLE OR CATCH BASIN 4. FILL ANNULAR SPACE BETWEEN PIPE AND BARREL WITH NON-SHRINK GROUT.4. PLASTIC STEPS SHALL BE AS PER MNDOT STANDARD PLATE 4180 AND SHALL BE PLACED NOTES2. SEE PLAN FOR PIPE CUT-OUT SECTIONS3. CONSTRUCT GROUTED FLOW LINES WITHIN STRUCTURE TO DIRECT FLOW TO OUTLETWITH NON-SHRINK GROUT3. PRECAST CONCRETE COVERS, BARREL SECTIONS, AND BASES SHALL MEET THEREQUIREMENTS OF STANDARD MNDOT PLATES 4011 AND 4020OVER THE OUTLET PIPE 1. SEE PLAN FOR INTERIOR DIAMETERS (ID) OF PRECAST CONCRETE BARREL SECTIONS PIPE BEDDING DETAIL WIRE WITH "GREEN"COATING (SANITARY)OR "BLUE" COATING 12 AWG TRACER(WATER) 12 BASIN OUTLET = SEE PLAN 5" SOIL MEDIA:70% CLEAN SAND30% COMPOSTSEEDING AREA) (WITHIN NATIVE GRASS SOILS NATIVE SAND NATIVE GRASS SEEDINGOUTLET ELEV, AND WITHIN BASIN) (BELOW BASIN OVERFLOW/ 5" TOPSOIL 1 : 3 CONVENTIONAL LAWNGRASS SEEDINGOUTLET ELEV) (ABOVE BASIN OVERFLOW/ SOIL MEDIA SHALL CONSIST OF MINNESOTA STORM WATER MANUAL SOIL MIX "B": 70% CLEAN, WASHED SAND, AND 30% MNDOT 3890 GRADE 2 COMPOST, BY VOLUME.THE BASIN BOTTOM AND SIDEWALLS SHALL BE SEEDED WITH NATIVE GRASS SEED MIX TO THE BASIN OVERFLOW/ OUTLET ELEV. BASIN SHALL BE EXCAVATED THROUGH ANY EXISTING CLAY/SILT SOILS UNSUITABLE FOR INFILTRATION, SUCH THAT NATIVE SANDS ARE EXPOSED. THIS SHALL BE FIELD VERIFIED, AND CERTIFIED BY A QUALIFIEDGEOTECHNICAL ENGINEER/TECHNICIAN, OR SOIL SCIENTIST. ONCE EXCAVATED TO FINAL GRADE INFILTRATION AREAS SHALL BE INSPECTED TO ENSURE TO CONTRACTORS FOR PREPARING BIDS. IN ORDER TO RECEIVE THE CADD FILES,THE CONTRACTOR WILL NEED TO SIGN A HOLD-HARMLESS AGREEMENT PROVIDED ACROSS INFILTRATION BASIN AREAS, AND BE ONLY LOW IMPACT TRACK EQUIPMENT. BASIN AREAS SHALL BE EXCAVATED WITH A BACKHOE STATIONED OUTSIDE OF THE AREA AS MUCH AS POSSIBLE.2. DURING CONSTRUCTION OF THE ADJACENT PARKING LOT AND BUILDING, THE INFILTRATION BASIN AREAS SHALL BE PROTECTED FROM TRAFFIC AND SEDIMENT WITH SILT FENCE. SEE SHEET C5.3. ONCE THE INFILTRATION BASINS HAVE BEEN EXCAVATED TO NATIVE SUBGRADE SOILS (BELOW ANY SOIL MEDIA, GRANULAR BACKFILL, ETC.) THE CONTRACTOR SHALL ARRANGE AND PAY FOR TESTING THE INFILTRATION RATES OF THE NATIVE SUBGRADE SOILS. THE TEST RESULTS SHALL BE SUBMITTED TO THE CITY AND THE ENGINEER. INFILTRATION TESTING SHALL BE ON NATIVE SUB-SOILS, PRIOR TO RIPPING/SOIL MEDIA BACKFILLING.2.3. NOTE: CADD FILES FOR ESTIMATING EARTHWORK QUANTITIES ARE AVAILABLEBY SCHULTZ ENGINEERING & SITE DESIGN, AND AGREE TO PAY A $50 PROCESSINGFEE. THE CADD FILES WILL BE RELEASED UPON RECEIPT OF THE CHECK1. TRAFFIC FROM CONSTRUCTION EQUIPMENT SHALL BE LIMITED AS MUCH AS POSSIBLE4. IN ORDER TO PASS, INFILTRATION TESTING RESULTS SHALL BE IN A SATURATED STATE AND MUST BE NO LESS THAN DOUBLE THE DESIGN RATE. FOR THIS PROJECT, THE DESIGN INFILTRATION RATE FOR THE INFILTRATION BASIN IS 0.8-IN/HR, THUS INFILTRATION TEST RESULTS MUST BE NO LESS THAN 1.6-IN/HR.5. UPON PASSING OF INFILTRATION TESTING, THE BOTTOM OF THE EXCAVATIONS SHALL BE SCARIFIED TO A MINIMUM DEPTH OF 24 INCHES WITH THE USE OF APPROPRIATE EQUIPMENT (TILLER, RIPPER, ETC.). AFTER SCARIFICATION, THE BASIN SIDEWALLS AND BOTTOM SHALL BE LINED WITH A MINIMUM OF 5-INCHES OF SAND/COMPOST MIX TO THE BASIN OUTLET ELEVATION. SAND/COMPOST MIX SHALL BE PLACED AS LOOSELY AS POSSIBLE. THAT NO SEDIMENT FROM ONGOING CONSTRUCTION ACTIVITY IS REACHING THE INFILTRATION AREA. ALL INFILTRATION AREAS SHALL BE INSPECTED TO ENSURE THAT UNAUTHORIZED EQUIPMENT IS NOT BEING DRIVEN ACROSS THE INFILTRATION AREAS.1. INFILTRATION BASIN NOTES:6. THE UPSTREAM DRAINAGE AREAS HAVE BEEN STABILIZED. 7. FINAL STABILIZATION OF THE INFILTRATION BASINS SHALL NOT BE COMPLETED UNTIL INFILTRATION BASIN PROFILE NOTES: 9. FINISHED ELEVATIONS OF LAWN/GREEN AREAS ADJACENT TO BUILDINGS SHALL BE A MINIMUM OF 6" BELOW FINISHED FLOOR OR TOP-OF-BLOCK ELEVATION. AND INVERT ELEVATIONS, OF EXISTING DRAINAGE AND SANITARY STRUCTURES. LOCATION AND SIZE OF EXISTING SANITARY, WATER, AND STORM SEWER STUBS, AND EXISTING GRADES SHALL ALSO BE VERIFIED.2. EXISTING TOPOGRAPHICAL INFORMATION WAS OBTAINED FROM A TOPOGRAPHICAL SURVEY PROVIDED BY O'MALLEY & KRON LAND SURVERYORS, INC, COLD SPRING, MN. (320) 685-59053. BENCHMARK: SOUTHEAST CORNER OF PEDESTAL LOCATED ACROSS STERLING DRIVE FROM SOUTHWEST CORNER OF PROPERTY. ELEV = 1069.76 (88 DATUM)4. NOTIFY ENGINEER IMMEDIATELY IF ANY INCONSISTENCIES ARE DISCOVERED BETWEEN ACTUAL SITE CONDITIONS AND WHAT IS SHOWN ON THE PLANS, WHICH ARE SIGNIFICANT ENOUGH TO ALTER THE INTENT OF THE DRAWINGS.5. IF REQUIRED BY THE MINNESOTA DEPARTMENT OF LABOR AND INDUSTRY, THE OWNER OR CONTRACTOR SHALL OBTAIN A PLUMBING PERMIT PRIOR TO THE INSTALLATION OF ANY STORM SEWER UTILITIES.6. THE CONTRACTOR SHALL CONTACT GOPHER ONE CALL AT (800) 252-1166 FOR A UTILITY LOCATE PRIOR TO THE START OF CONSTRUCTION AND VERIFY LOCATIONS OF UTILITIES BEFORE BEGINNING WORK.7. ALL LENGTHS OF STORM SEWER OR CULVERT PIPE SPECIFIED ON THIS PLAN INCLUDE THE LENGTHS OF ANY ASSOCIATED FLARED END SECTIONS.8. TRASH GUARDS SHALL BE INSTALLED ON ALL STORM SEWER END SECTIONS. CONTRACTOR'S BID SHALL BE BASED ON EARTHWORK CALCULATIONS COMPLETED BY THE CONTRACTOR INDICATED. TOP OF CURB ELEVATIONS ARE 6" ABOVE THE FLOW LINE SPOT ELEVATION SHOWN ON THE PLANS, UNLESS NOTED OTHERWISE. OTHERWISE. PROPOSED ELEVATIONS ARE INTENDED TO PROVIDE POSITIVE DRAINAGE TOWARDS CATCH BASINS AND/OR OUTLETS. THE CONTRACTOR SHALL BE RESPONSIBLE TO PROVIDE THE REQUIRED ELEVATIONS, WHICH WILL PROMOTE POSITIVE DRAINAGE THROUGHOUT THE PROJECT SITE. 1. CONTRACTOR SHALL VERIFY ALL EXISTING CONDITIONS INCLUDING LOCATIONS, AND RIM10. CONTRACTOR SHALL PERFORM CALCULATIONS TO VERIFY EARTHWORK QUANTITIES.11. SPOT ELEVATIONS ARE FLOW LINE AND/OR FINISHED GRADES, UNLESS OTHERWISE12. "EX" DENOTES EXISTING SPOT ELEVATIONS. "HP" DENOTES HIGH POINTS.13. ALL PROPOSED ELEVATIONS ARE TOP OF PAVING OR GUTTER, UNLESS NOTED GRADING NOTES: 1 T S 18" CULVERTINV=1064.72 T S T S 760 1 EX 6 6 0 1 5""""""""""""""""""""""""""""""""""""""""" 6 0 1 4 5 EX ' 8 9 6 1 0 1 11111111111111111111111111111111111111111 18" CULVERTINV=1063.78 0 0 . 4 5 60 1 0 53.6= 6 11111111111111111111111111111111111111111 2D 4 . = 8 36 01 R 2 2 = L 9 1 . 0 2 7 6 0 1 3 T HA PL EP F TOP OF BASIN= 1067.0 S INFILTRATION BASIN #1 (IB1)BOTTOM OF BASIN = 1065.5BASIN OUTLET = 1066.5 T O OS SJA . EE T NK S I R , L 1A . P EK L C F A O O I L . R B ,T W .6S TU & F D 5 0 N 0SI . T 0 E'LY LINE OF LOT 6, BLOCK 1,ST. JOSEPH INDUSTRIAL PARKEAST PLAT 3 & W'LY ROW LINEOF STERLING DRIVE1 O 3L E 6N I 0 L 1 6 6 0 5 1 7 46 6 60 0 1 01 7 8 1 6 6 0 10 6 1 6 0 1 6 2 6 60 LF12" HDPE@ 2.50% 6 4 0 0 6 1 1 0 99999999999999999999999999999999999999999 1CB1 (48" ID) RIM = 1066.50INV = 1063.50(SEE 2/C2) 0 EX . 00000000000000000000000000000000000000000 """"""""""""""""""""""""""""""""""""""""" 9 0 7 . 7 3 01 ' 9 = 8 3 1L = 6 R 8 6 2 EX 0 1 = D 7 6 6 0 4 6 1 4 0 BENCHMARK=1069.76 (88 DATUM)-"X" ON SOUTHEAST CORNER OFELECTRIC PEDESTAL . 8 1 6 7 0 1 1 WELL (BY OTHERS) 20FT DRAINAGE & UTILITYEASEMENT PER ST. JOSEPHINDUSTRIAL PARK EAST PLAT 3 8 0 . 3 3 3 C """"""""""""""""""""""""""""""""""""""""" E 1 7 6 2 0C 1 ' 00000000000000000000000000000000000000000 4 0 44444444444444444444444444444444444444444 .5 2 DRAINAGE & UTILITYEASEMENT & WETLANDS PERST. JOSEPH INDUSTRIALPARK EAST PLAT 3 .0 LOT 6 702 BLOCK 1 8 C 6 1.92+/- Acres 1 0 2 7 1 1 6= = END SECTIONINV = 1062.006 12" FLARED 0= 4 1 R 6 D 0 L 1 E LOT 5 7 6 106 8 0 1 3 6 0 1 5 6C E 0 1 4 6 0 110FT DRAINAGE & UTILITYEASEMENT PER ST. JOSEPHINDUSTRIAL PARK EAST PLAT 3 8 6 0 1 C E 8 6 6 6 0 0 EDGE OF WATER(AS LOCATED 9-24-20)1 1 7 6 0 1 C E PROPOSED BUILDINGFFE = 1068.75 6 6 0 1 W LINE OF LOT 5, BLOCK 1,ST. JOSEPH INDUSTRIALPARK EAST PLAT 3 8601 NW CORNER OF LOT 5, BLOCK 1,ST. JOSEPH INDUSTRIAL PARK EAST PLAT 3 6 106 86.9 5 EC 69.4 52 6 6 0 1 5-FT BASINOVERFLOW INV = 1066.75 CONSTRUCT 1-FT BERM (TYP) INDUSTRIAL PARK SW CORNER OF LOT 5,BLOCK 1, ST. JOSEPHEAST PLAT 3 SEPTIC SYSTEM/DRAINFIELDTO REMAIN UNDISTURBED (BY OTHERS) TOP OF BASIN= 1066.75 INFILTRATION BASIN #2 (IB2)BOTTOM OF BASIN = 1065.50 www.schultzengineeringdesign.com 4 ST. JOSEPH, MN License No.: 43129Date: XX/XX/2020 schultzeng@live.comSartell, MN 56377 7967 STERLING DRIVE Fx: (866) 633-1830Suite 230 3 Brian J. Schultz, PE Ph: (320) 339-066918 South Riverside Avenue 4 2 & SITE DESIGN OF 1 NEW FACILITY SCHULTZ ENGINEERING DESCRIPTIONDATENO. Engineer under the laws of the state of Minnesota MINNESOTA HOME IMPROVEMENTS by me or under my direct supervision and that I am a duly licensed C3 I hereby certify that this plan, specification or report was prepared20036 REVISIONS PROJECT NUMBER: PRELIMINARY - NOT FOR CONSTRUCTION PRELIMINARY CIVIL CHECK SET -11/20/2020 based products, - SWPPP - NOTES 4). Temporary Rock Construction Entrance a). Temporary rock construction entrances shall be installed at the locations shown on the plan included in this SWPPP. See detail for temporary rock entrance design. b). If the Contractor chooses to access the site from locations other than where temporary rock entrances are specified on the plans, additional temporary rock entrances shall be placed at these locations, as well. c). Temporary rock entrance shall be constructed prior to the start of grading operations, and shall remain in place and be adequately maintained until Final Stabilization has been established. d). Temporary rock entrances shall be maintained in such a manner that the entrances prevent sediment tracking onto adjacent streets. If a temporary rock entrance is found to be ineffective, it shall be replaced or improved within 24 hours of discovery. e). The Contractor has the option to place Type 4 geotextile fabric beneath the temporary rock entrance. The fabric may extend the life of the entrance as it will reduce rock "sinking" into the underlying soils. If the Contractor chooses to use fabric, it should meet the requirements of MNDOT Spec. 3733 and shall be installed as per MNDOT Spec. 2511.3B2. f). If sediment tracking from the site is discovered on adjacent streets, the sediment shall be removed with a street sweeper or other approved method within 24 hours of discovery. This shall be done throughout construction of the project. This sediment may be returned and graded over exposed areas of the site, or disposed of off site per MPCA requirements. The City may order street sweeping to be performed at the Contractor's or Owner's expense if City staff find that construction activities are resulting in sediment or debris being tracked onto City streets.surface water. Treatment of discharge shall be achieved with the use of a "Dandy Dewatering Bag" (or approved equivalent), aswww.dandyproducts. com. The "Dandy Dewatering Bag" shall be installed, utilized, and maintained per the manufacturer'sinstructions and specifications.checked to ensure that it is relatively clean and not visibly different from any receiving waters. If discharge is noticeably "dirty", theAdequate erosion control shall be provided at the point of discharge if it is located in an area with exposed soils or established turf.This erosion control may consist of temporarily placed rip rap, or other approved energy dissipation measures. The type of erosioncontrol measure shall be at the Contractor's discretion, depending on the location of the dewatering discharge and the unique sitecharacteristics. The erosion control measures shall be effective and shall be maintained adequately such that no erosion occurs atthe point of discharge.Solid waste accumulated during construction, including collected sediment, construction materials, floating debris, construction temporary roofs) to prevent the discharge of pollutants or protected by a similarly effective means designed to minimize contact with storm water.2). Pesticides, herbicides, insecticides, fertilizers, treatment chemicals, and landscape materials shall be maintained under cover (e.g., plastic sheeting or temporary roofs) to prevent the discharge of pollutants or protected by similarly effective means designed to minimize contact with stormwater.3). Hazardous materials, toxic waste, (including oil, diesel fuel, gasoline, hydraulic fluids, paint solvents, petroleum wood preservatives, additives, curing compounds, and acids) shall be properly stored in sealed containers to prevent spills, leaks or other discharge. Restricted access storage areas shall be provided to prevent vandalism. Storage and disposal of hazardous waste or hazardous materials shall be in compliance with Minn. R. ch. 7045 including secondary containment as applicable.4). Solid waste shall be stored, collected and disposed of properly in compliance with Minn. R. ch. 7035. disposed of properly in accordance with Minn. R. ch. 7041.The Contractor shall take steps to prevent the discharge of spilled or leaked chemicals, including fuel, from any area wheresite. Runoff from the washing area shall be contained in a sediment basin or other similarly effective controls and waste from thewashing activity shall be properly disposed of. The Contractor shall properly use and store soaps, detergents, or solvents. No engineThe Contractor shall provide effective containment for all liquid and solid wastes generated by washout operations (concrete,stucco, paint, form release oils, curing compounds and other construction materials) related to the construction activity. The liquidsign must be installed adjacent to each washout facility that requires site personnel to utilize the proper facilities for disposal of2). The permanent storm water management system is constructed, and is operating as designed. Temporary or permanentsedimentation basins that are to be used as permanent water quality management basins have been cleaned of any accumulatedsediment. All sediment has been removed from conveyance systems and ditches are stabilized with permanent cover.3). All temporary synthetic and structural erosion prevention and sediment control BMPs have been removed from the project site. DewateringIf dewatering of sandy subsoils is required for this project, the pump discharge shall be treated prior to discharge off-site or into amanufactured by Dandy Products,Inc. Dandy Products, Inc. can be contacted at (877) 307-0141, and their web page isOnce dewatering water has been treated, it may be discharged off-site or to a surface water. The discharge shall be visuallyEngineer shall be contacted as additional treatment methods may be necessary.Pollution Prevention Management debris, paper, plastics, and other solid wastes shall be disposed of in accordance with MPCA disposal requirements:5). Portable toilets shall be positioned so that they are secure and will not be tipped or knocked over. Sanitary waste must bechemicals or fuel will be loaded or unloaded including the use of drip pans or absorbents unless infeasible. The Contractor shallconduct fueling in a contained area unless infeasible. The Contractor shall ensure adequate supplies are available at all times toclean up discharged materials and that an appropriate disposal method is available for recovered spilled materials. The ContractorIf the Contractor washes the exterior of vehicles or equipment on the project site, washing shall be limited to a defined area of thedegreasing shall be allowed on site.and solid washout wastes shall not contact the ground, and the containment shall be designed so that it does not result in runofffrom the washout operations or areas. Liquid and solid wastes shall be disposed of properly and in compliance with MPCA rules. Aconcrete and other washout wastes.FINAL STABILIZATION Final Stabilization shall be considered established once the following requirements have been achieved:a density of 70 percent of its expected final growth density over the entire pervious surface area, or other equivalent means necessaryto prevent soil failure under erosive conditions.BMPs designed to decompose on site may be left in place. 1). Building products that have the potential to leach pollutants shall be maintained under cover (e.g., plastic sheeting or1). All soil disturbing activities at the site have been completed and all soils are stabilized by a uniform perennial vegetative cover with a). Filter logs shall be installed at the locations shown on the plan included in this SWPPP. b). Filter logs shall consist of Type Wood Fiber biorolls and meet the requirements of MNDOT Spec. 3897. c). Filter logs shall be installed as per MNDOT Spec. 2573.3F. d). Filter logs shall be installed immediately after placement of erosion control blanket. e). Filter logs shall remain in place for the life of the project, and shall be allowed to degrade naturally. 5). Filter Logs ADDITIONAL COMMENTS The Contractor is solely responsible for the cleanup of any wetlands, rivers, streams, lakes, reservoirs, other waters of the State (as definedby the MPCA's General Storm Water Permit), ground or roadway surfaces or other property damaged by construction activity related tothis project.necessary local government permits related to storm water management, and erosion and sediment control, if applicable (ie:Watershed District, City, MNDOT, etc.).This SWPPP is intended to provide a plan for addressing the erosion prevention and storm water management issues associated with thisproject. It is to be used in conjunction with the project plans, specifications, and the MPCA General Storm Water Permit. In addition tothe SWPPP, the Owner, Contractor, and SWPPP Coordinator shall familiarize themselves with the actual requirements indicated in theMPCA General Storm Water Permit itself and are responsible for compliance with the permit's terms, requirements, and conditions. The Besides the NPDES permit (MPCA General Storm Water Permit), the Contractor and/or Owner shall also be responsible to obtain all otherEngineer can provide a copy of the permit upon request. a). WIMCO Road Drain protection devices, as manufactured by WIMCO, shall be used for catch basin protection on this project. WIMCO can be contacted at (952)-233-3055, and their web page is www.roaddrain.com. b). "Road Drain Top Slab" devices shall be installed at all catch basin locations immediately after placement of the catch basin structures. "Road Drain Top Slab" devices shall remain in place and be adequately maintained until permanent surfacing is constructed (ie: curb and gutter, pavements, and/or gravel surfacing). In areas designated for turf establishment, "Road Drain Top Slab" devices shall remain in place until Final Stabilization of all upgradient areas is established. c). Upon construction of the permanent surfacing, the "Road Drain Top Slab" devices shall be replaced with the WIMCO product specified on the plans. The WIMCO devices shall remain in place until Final Stabilization of all upgradient areas has been established. d). The contractor shall install and maintain the catch basin protection devices as per the manufacturer's instructions and specifications. a). Culvert inlet protection shall be provided at all culvert inlet locations immediately after construction of the culvert. See plan included in this SWPPP for culvert inlet locations. b). Culvert inlet protection shall consist of geotextile fabric wrapped around, and completely covering the inlet end section. The geotextile fabric shall be the same fabric used in silt fence applications and meet the requirements of MNDOT Spec. 3886. c). The culvert inlet protection shall remain in place and adequately maintained until Final Stabilization of all upgradient areas has been established. d). Culvert inlet protection shall be repaired or replaced if damaged during, or after, rain events, or if accumulated sediment reaches 1/2 of the diameter of the culvert pipe. Repair or replacement of culvert inlet protection shall be completed within 24 hours of discovery. 2). Temporary Seeding with Mulch a). Temporary seeding with mulch may be used in areas of the site (or the whole site) if the Contractor is halting grading operations for a period that is relatively long. Although mulch still needs to be applied as described above, once the temporary seeding/turf is established, the mulch will no longer need to be maintained. The temporary seeding/turf will require very little maintenance. b). Prior to the sowing of temporary seed, the soils shall be loosened and the area smooth-rough graded per MNDOT 2574. c). Contractor shall utilize Seed Mixes 21-111, 21-112, or 21-113 per MNDOT Spec. 3876 for temporary seeding. d). Temporary seeding shall be sown per MNDOT Spec. 2575.3B. e). Once temporary seeding has been sown, mulch shall be placed over the area as described above.within 14 days of the completion of finish grading, temporary cover shall be provided in these areas, as described above, until thewithin, 200 lineal feet of a property line or surface water, shall be provided with permanent cover within 24 hours of connection.2). Catch Basin Protection3). Culvert Inlet Protection Permanent Cover:Upon completion of finish grading and/or placement of topsoil, initiation of the placement of permanent cover shall beginimmediately over all exposed areas. This includes areas designated for impervious surfacing (ie: buildings, pavements/gravelbases, sidewalks, etc.). Where the construction schedule will not allow for the placement of the permanent impervious surfacingpermanent impervious surfacing can be constructed. Affected areas consisting of drainage ditches or swales connected to, andAreas designated for permanent turf establishment shall be provided with one or more of the following BMPs (see plan): a). Unless otherwise noted on the plans, all areas designated for turf establishment shall be provided with permanent seeding. b). In addition to the plan included as part of this SWPPP, the Contractor shall verify if a Landscaping Plan has been included in the plans by the Architect. If a Landscape Architect has specified higher quality permanent cover (ie: sod, hydroseeding, etc.), the Contractor shall provide this permanent cover in lieu of the permanent seeding specified in this SWPPP. c). Prior to the sowing of permanent seed, the soils shall be loosened and the area smooth-rough graded per MNDOT 2574. d). Contractor shall utilize Seed Mix 25-131 per MNDOT Spec. 3876 for permanent seeding. e). Permanent seeding shall be sown per MNDOT Spec. 2575.3B. f). Once permanent seeding has been sown, mulch shall be placed over the area as described above (under Temporary Cover), unless noted otherwise. a). Erosion control blanket shall be placed in areas as shown on the plan included in this SWPPP. These areas shall still be provided with permanent seeding, as described above, beneath the erosion control blanket. b). Erosion control blanket shall meet the requirements indicated in MNDOT Spec. 3885. See plan for category(s) of erosion control blanket. c). Erosion control blanket shall be installed as per MNDOT Spec. 2575.3G2. d). Erosion control blanket specified in drainage ditches and swales connected to, and within 200 lineal feet, of a property line or surface water shall be installed within 24 hours of the completion of finish grading (including permanent seeding). 1). Permanent Seeding with Mulch2). Erosion Control Blanket 3). Riprap a). Riprap shall be placed in areas as shown on the plan included in this SWPPP. b). All riprap shall be underlain with Type 4 geotextile fabric. The fabric shall meet the requirements of MNDOT Spec. 3733 and shall be installed as per MNDOT Spec. 2511.3B2. c). Riprap materials shall meet the requirements of MNDOT Spec. 3601, and shall be Class 3, unless noted otherwise on the plans. d). Riprap shall be considered "Random Riprap" and shall be placed as per MNDOT Spec. 2511. e). Although it is permitted for the riprap to be placed with machinery, it will be necessary for the Contractor to hand place some of the riprap in order to provide a dense, well-keyed layer of stones with the least practical quantity of void space. f). The minimum thickness of the riprap shall be 18 inches, unless otherwise noted on the plans. g). Riprap designated at the end of pipe outlets shall be placed within 24 hours of installation of the pipe outlet end section. h). Riprap specified in drainage ditches and swales connected to, and within 200 lineal feet, of a property line or surface water shall be installed within 24 hours of the completion of finish grading.Sediment ControlThe following sediment control BMPs shall be implemented as part of this project: a). Silt fence shall be installed at the locations shown on the plan included in this SWPPP. b). Silt fence shall be machine sliced and materials shall meet the requirements of MNDOT Spec. 3886. c). Silt fence shall be installed as per MNDOT Spec. 2573.3B2. d). Silt fence shall be installed prior to any upgradient grading operations, and shall remain in place and maintained adequately until upgradient areas achieve Final Stabilization (see below) e). Silt fence shall be repaired or replaced if damaged during, or after, rain events, or if accumulated sediment on the upstream side of the fence reaches 1/3 of the height of the fence. Repair or replacement of silt fence shall be completed within 24 hours of discovery. f). Portions of silt fence may be removed to accommodate short-term activities, such as vehicle passage. Short-term activities shall be completed as quickly as possible, and new silt fence installed immediately after completion of the short-term activity. If rainfall is imminent or forecasted in the near future, new silt shall be installed regardless of if the short term activity has been completed or not. The Contractor is advised to schedule short term activities during dry weather as much as practicable. No additional compensation will be paid due to additional silt fence associated with short-term activities. g). Temporary soil stockpiles shall be placed on the site in areas upgradient from silt fence. Where the Contractor chooses to place temporary soil stockpiles outside designated silt fenced areas, the stockpiles shall be surrounded by additional silt fence. Under no circumstances shall temporary soil stockpiles be placed over surface waters, curb and gutter, catch basins, culvert inlets or outlets, or ditches. 1). Silt Fence way, contracts, - of - Temporary and Permanent Stabilizationwhich drain off-site or to a surface water, and are within 200 lineal feet of the property line or surface water shall be providedwith temporary or permanent cover within 24 hours of construction. Placement of temporary or permanent cover shall beTemporary Cover: a). Discanchored mulch may be used in an area of the site (or the whole site) if the Contractor is halting grading operations for a period that is relatively short, but exceeds 14 days. b). The mulch shall be Type 3 per MNDOT Spec. 3882 c). An adequate quantity of mulch shall be evenly distributed to achieve 90% coverage of the exposed soils. d). Mulch shall be placed as per MNDOT 2575.3C. e). All mulch shall be disc anchored as per MNDOT 2575.3D. Prior to the placement and discanchoring of the mulch, the soils shall be loosened and the area smooth-rough graded per MNDOT 2574. f). Any areas that are exposed as a result of wind action after the initial mulch placement shall be covered with additional mulch to maintain 90% coverage. stakes, signs, silt fence, etc., and shall be completed prior to the start of any grading operations. Regardless of the delineationThe Contractor shall minimize compaction and preserve topsoil as much as possible at the site. In pervious ("green") areas thatAll exposed soil areas (including stockpiles) shall be provided with temporary or permanent cover within 14 days of constructionactivity temporarily or permanently ceasing in that portion of the site. Temporary or permanent drainage ditches or swales,initiated immediately upon suspension or completion of excavation operations.If the Contractor chooses to halt grading operations in a portion of the site (or the whole site) for a period exceeding 14 days,and grading operations (rough or finish grading) in the affected areas has not yet been completed, temporary cover shall beplaced. Affected areas consisting of drainage ditches or swales connected to, and within, 200 lineal feet of a property line orsurface water shall be provided with temporary cover within 24 hours of connection. Depending on the Contractor's schedule,the temporary cover shall consist of one of the following BMPs: these specification sections.Undisturbed AreasIf shown on the plan, the Contractor shall delineate areas that are not to be disturbed on the site. This may be done with flags,method the Contractor chooses to use, the Contractor must communicate to his/her personnel and subcontractors that theseareas are not to be disturbed and construction equipment (including trucks and personal vehicles) shall not be allowed in theseareas.are not essential to the construction of the project, the Contractor shall avoid construction traffic and maintain the existingcondition of these areas.1). Discanchored Mulch Standards and ReferencesMaterials and construction methods of all BMPs included in this SWPPP shall be as per the Minnesota Department ofTransportation (MNDOT) Standard Specifications for Construction, latest edition. The Contractor and SWPPP Coordinator shallobtain a current copy of MNDOT's Standard Specifications for Construction and familiarize themselves with the specificationsections applicable to this SWPPP, as there are several BMPs that specifically reference these sections.The Contractor and SWPPP Coordinator shall be expected to be familiar with the applicable MNDOT specification sectionsduring construction. No additional compensation will be paid to the Contractor for additional work due to unfamiliarity with Should it be determined, during construction, by the SWPPP Coordinator, Engineer, or Regulatory Officials that deficiencies in thisSWPPP exist, or if significant changes are made to the design/scope of this project that impact erosion prevention and sedimentcontrol, the Engineer shall be notified immediately. The Engineer will then review potential deficiencies and/or significantchanges to project design/scope, and make necessary changes to the SWPPP.After changes are made to the SWPPP, the Engineer will issue the necessary documentation, reflecting the changes, to theowner and to the SWPPP Coordinator. The SWPPP Coordinator shall be responsible to make sure that this documentation isadded to the on-site SWPPP copy and that the changes described in the documentation is implemented on-site.EROSION PREVENTION AND SEDIMENT CONTROL BMPS 7). Documentation of any changes to the SWPPP made during construction a). If the SWPPP coordinator observes that a BMP fails on a regular basis and believes that it is ineffective, it shall be his/her responsibility to notify the Engineer of such deficiencies. The Engineer may then amend the SWPPP (see "Amending the SWPPP")AMENDING THE SWPPP inspecting and maintaining the erosion and sediment control devices and techniques described in this SWPPP be transferredfrom the current Contractor to another Contractor, or from the current Contractor to the Owner, this SWPPP shall be updatedaccordingly. The Owner will also be required to complete an "Permit Modification Form". The SWPPP Coordinator shall inspect, or designate someone else who is qualified to inspect (see above), the construction site2). Within 24 hours of a rain event (1/2" or greater over 24 hours) with permanent cover may be reduced to once per month2). Where construction sites have permanent cover on all exposed soil areas and no construction activity is occurring anywhere on the site, the site must be inspected for a period of 12 months (inspections may be suspended during frozen ground conditions). Following the 12th month of permanent cover with no construction activity, inspections may be terminated until construction activity is once again initiated or sooner if notified in writing by the MPCA.3). Where work has been suspended due to frozen ground conditions, the required inspections and maintenance schedule must begin within 24 hours after runoff occurs at the site or prior to resuming construction, whichever occurs first.The SWPPP Coordinator shall maintain inspection records during construction. These must be recorded in writing within 24 hoursof the inspection and/or maintenance activity. The inspection records shall include the following:2). Name of person(s) conducting inspection3). Findings of inspections, including recommendations for corrective actions4). Corrective actions taken (including dates, times, and party completing maintenance activities)5). Date and amount of any rainfall events greater than 1/2" in 24 hours a). The Contractor shall install and maintain a rain gauge at the construction site in order to verify rainfall amounts. discharge must be made, and the discharge shall be described (i.e., color, odor, floating, settled, or suspended solids, foam, oil sheen, and other obvious indicators of pollutants) and photographed.Note: Copies of all inspection records shall be submitted to the Engineer.During the construction of this project it may become necessary to amend this SWPPP. Should the responsibility of installing, BMP INSPECTIONS Inspection Frequencyerosion prevention and sediment control BMPs per the following time frames:1). Once every 7 daysInspections shall be conducted per the time frames listed above with the following exceptions:1). Where parts of the construction site have permanent cover, but work remains on other parts of the site, inspections of areasInspection Records1). Date and time of inspections6). If any discharge is observed to be occurring during the inspection, a record of all points of the property from which there is a The SWPPP and associated records shall be stored and maintained by an employee or representative of the Owner for 3 yearsafter the submission of the Notice of Termination (NOT) Responsibility for overseeing the records will be transferred to anotheremployee or representative should the current personnel become uninvolved with the project or Owner. These records shallinclude the following:2). Any other stormwater related permits required for the project3). Records of all inspection and maintenance conducted during construction4). All permanent operation and maintenance agreements that have been implemented, including all right covenants and other binding requirements regarding perpetual maintenance5). All required calculations for design of the temporary and permanent Stormwater Management Systems. Record Retention1). The final SWPPP 18 hrs, 45 min 15 hrs, 00 min Comments 48 hrs, 0 min48 hrs, 0 min (Printed Name)acknowledge that I will be serving as SWPPPCoordinator for this project and will beresponsible for overseeing the items identified inthis section. _________________________________ (Signature) _______________ (Date) I, __________________________, hereby NoNo for Impaired Water? USEPA Approved TMDL the University of Minnesota. The Engineer's certificationfor "Design of SWPPP" is current, and will expire May 31,2023. Certification documentation is on file at the * "Design of SWPPP" is a recertification course offered byEngineer's office and a copy can be provided uponrequest. NoNo Draw Down TimeAssumed underlying soils: Poorly graded sands with silt (SP-SM)Assumed groundwater elevation: 1162.5Assumed infiltration rate: 0.80 in/hrMaximum time of infiltration = Design time of infiltration = 12 in (1.0-ft) / 0.80 in/hr = Draw Down TimeAssumed underlying soils: Poorly graded sands with silt (SP-SM)Assumed groundwater elevation: 1162.5Assumed www.schultzengineeringdesign.com 4 ST. JOSEPH, MN License No.: 43129Date: XX/XX/2020 schultzeng@live.comSartell, MN 56377 7967 STERLING DRIVE Fx: (866) 633-1830Suite 230 3 Brian J. Schultz, PE Ph: (320) 339-066918 South Riverside Avenue 4 2 & SITE DESIGN ADDED TRASH ENCLOSURE01/04/2021 OF 1 NEW FACILITY SCHULTZ ENGINEERING DESCRIPTIONDATENO. Engineer under the laws of the state of Minnesota MINNESOTA HOME IMPROVEMENTS by me or under my direct supervision and that I am a duly licensed I hereby certify that this plan, specification or report was prepared20036 C4 REVISIONS 1"=30' SCALE: PROJECT NUMBER: PRELIMINARY - NOT FOR CONSTRUCTION PRELIMINARY CIVIL CHECK SET - 01/04/2021 (REV) NTSNTS 120 NTSNTS NOTE: FILTER LOGSSHALL BE INSTALLEDPER MNDOT 2573.3J INTERTWINE OUTER MESHAROUND STAKES. NOTE: FILTER LOGS SHALLCONSIST OF TYPE WOOD FIBER BIOROLL PER MNDOT 3897 60 30 1' TO 3' 6" 10'X10' CONCRETE WASHOUT AREA AND DISPOSE OF PER MPCA REQUIREMENTS WHEN WASHOUT AREA BECOMES HALF FULL. LOCATION FOR THE CONCRETE WASHOUT 2. CONTRACTOR SHALL REMOVE WASH LIQUID FROM3. CONTRACTOR SHALL SELECT THE MOST OPTIMAL 1. BOTTOM OF CONCRETE WASHOUT AREA SHALL BE 0 SWPPP - PLAN VIEW " X 2" X 16" WOOD 6" 12STAKES EVERY 12" O.C.TO SECURE FILTER LOG6" - 7" FILTER LOG A CHECK SLOT SHALL BE CONSTRUCTED AT THE TOPOF STEEP SLOPES (4:1 OR STEEPER) WHERE EROSION CONTROL2. LAY BLANKET END INTO TRENCH3. STAPLE BLANKET IN BOTTOM OF TRENCH EVERY 1 FT4. BACKFILL TRENCH WITH SOIL AND COMPACT5. IF SLOPE LENGTH (L) IS GREATER THAN 100 FT DIG A CHECK SLOT 1/3 FROM THE BOTTOM OF THE SLOPE AND STAPLE THE BLANKET IN AS IN THE TOP TRENCH.EROSION CONTROL BLANKETFILTER LOG DITCH CHECK BLANKET IS PLACED AS PER THE FOLLOWING:1. DIG 6" X 6" TRENCH OF THE STAKE POINTING UPSTREAM ENDS STAKED NOTES:2) ENDS OF MULTIPLE LOGS SHALL BE OVERLAPPED A MINIMUM OF 6" WITH BOTH 46 START OF GRADING OPERATIONS.2. THE ENTRANCE SHALL BE GRADED SUCH THAT POSITIVE DRAINAGE DURING CONSTRUCTION IS PROVIDED.3. THE ENTRANCE SHALL BE MAINTAINED IN SUCH A CONDITION SUCH THAT IT PREVENTS MUD TRACKING OFF SITE. ADDITIONAL ROCK OR REPLACEMENT OF THE ENTRANCE MAY BE REQUIRED PERIODICALLY IF MUD STARTS TO TRACK OFF SITE.4. THE ROCK ENTRANCE MAY BE REMOVED JUST PRIOR TO THE PLACEMENT OF AGGREGATE BASE. SHEETING LINERWASHOUT AREA 1. THE ROCK ENTRANCE SHALL BE CONSTRUCTED PRIOR TO THE10 MIL PLASTICPLACED WITHIN NTS NTS CONSTRUCT BERMAROUND ENTIREWASHOUT AREA MNDOT 3733 TYPE 4GEOTEXTILE FABRIC MINIMUM 6" BEDDING PERMNDOT SPEC. 3601.2B REQUIREMENTS OF MNDOT SPEC. 36012. SEE PLANS FOR CLASS OF RIP RAP3. D=PIPE DIAMETER IN FEET (SEE PLANS)4. OUTLETS ON STEEP SLOPES SHALL BE PROVIDED WITH RIP RAP FROM THE OUTLET TO THE TOE OF THE SLOPE. NOTES:1. RIP RAP SHALL MEET THE TIRE COMPACTION ZONE MACHINE SLICE8" - 12" DEPTH 5' MINIMUM LENGTH STEEL T-POST6' MAXIMUM SPACINGGEOTEXTILE FABRICGEOTEXTILE FABRIC3' WIDE POST NIPPLES FACES AWAY FROM USE PROPER EQUIPMENT SUCH THAT THE SOIL ISSLICED, NOT TURNED OVER.AFTER SILT FENCE INSTALLATION, COMPACT THE SOILIMMEDIATELY NEXT TO THE GEOTEXTILE BY DRIVINGOVER IT WITH A TRACTOR TIRE AT LEAST TWICE 1. 2. 6" CA-1 COARSEAGGREGATE 4 STAPLE PLASTICSHEETINGEVERY 5' (TYP) 1 1' 2' 6" BUMP FORKEEPING RUNOFFON SITE 2' (TYP) 2' (TYP) RIP RAP AT PIPE OUTLETS (50LB TENSILE) OF STEEL POST NOTE: PLACING FILTER FABRIC UNDER THE ROCK ENTRANCE MAYREDUCE THE AMOUNT OF MAINTENANCE IT WOULD REQUIRE. TEMPORARY ROCK CONSTRUCTION ENTRANCECONCRETE WASHOUTSILT FENCE (MACHINE SLICED) 3 PLASTIC ZIP TIES AT LEAST 1" APART LOCATED IN TOP 8" MATERIALS PER MNDOT 3886INSTALLATION PER MNDOT 2573.3C1 1235 T S 18" CULVERTINV=1064.72 T S T S 760 1 6 6 0 1 PERIMETER SILTFENCE (TYP) 5""""""""""""""""""""""""""""""""""""""""" 6 0 1 4 5 ' 8 9 6 1 0 1 11111111111111111111111111111111111111111 18" CULVERTINV=1063.78 0 0 . 4 5 60 1 0 53.6= 6 11111111111111111111111111111111111111111 2D 4 . = 8 36 01 R 2 2 = L 9 1 . 0 2 7 6 0 1 3 SILT FENCE AROUNDAREA (TYP) INFILTRATION BASIN T HA PL EP F S T O OS SJA . EE T NK S I R , L 1A . P EK L C F A O O PERIMETER SILTFENCE (TYP) I L . R B ,T W .6S TU & F D 5 0 N 0SI . T 0 E'LY LINE OF LOT 6, BLOCK 1,ST. JOSEPH INDUSTRIAL PARKEAST PLAT 3 & W'LY ROW LINEOF STERLING DRIVE1 O 3L E 6N I 0 L 1 6 6 0 5 1 7 46 6 60 0 1 01 7 8 1 6 6 0 10 6 1 6 0 TEMPORARY ROCKCONSTRUCTION 1 ENTRANCE (TYP) CATEGORY 3EROSION CONTROLBLANKET (TYP) 6 2 6 6 4 0 0 6 1 1 0 99999999999999999999999999999999999999999 1 0 . 00000000000000000000000000000000000000000 """"""""""""""""""""""""""""""""""""""""" PERIMETER SILTFENCE (TYP) 9 0 7 . 7 3 CATEGORY 3EROSION CONTROLBLANKET (TYP) 01 ' 9 = 8 3 1L = 6 TYPE 4 GEOTEXTILE R 10 CY CLASS III RIPRAP OVERLAYINGFABRIC (TYP)8 6 2 0 1 = D SILT FENCE AROUND INFILTRATION BASINAREA (TYP) 7 6 6 0 4 6 1 4 0 BENCHMARK=1069.76 (88 DATUM)-"X" ON SOUTHEAST CORNER OFELECTRIC PEDESTAL . 8 1 6 7 0 1 1 WELL (BY OTHERS) 20FT DRAINAGE & UTILITYEASEMENT PER ST. JOSEPHINDUSTRIAL PARK EAST PLAT 3 8 0 . 3 3 3 C """"""""""""""""""""""""""""""""""""""""" E 1 7 6 2 0C 1 ' 00000000000000000000000000000000000000000 4 0 44444444444444444444444444444444444444444 .5 2 DRAINAGE & UTILITYEASEMENT & WETLANDS PERST. JOSEPH INDUSTRIALPARK EAST PLAT 3 .0 LOT 6 702 BLOCK 1 8 PERIMETER SILTFENCE (TYP) C 6 1.92+/- Acres 1 0 2 7 1 1 6= = 6 0= 4 1 R 6 D 0 L 1 E LOT 5 7 6 106PERIMETER SILTFENCE (TYP) 8 0 1 3 6 0 1 5 6C E 0 1 SILT FENCEAROUND SEPTICSYSTEM/DRAINFIELD (TYP) 4 6 CATEGORY 3EROSION CONTROLBLANKET (TYP) 0 110FT DRAINAGE & UTILITYEASEMENT PER ST. JOSEPHINDUSTRIAL PARK EAST PLAT 3 8 6 0 1 C E 88 6 66 6 0 00 EDGE OF WATER(AS LOCATED 9-24-20)1 11 7 6 0 1 FILTER LOG (TYP) C E PROPOSED BUILDINGFFE = 1068.75 6 6 0 1 W LINE OF LOT 5, BLOCK 1,ST. JOSEPH INDUSTRIALPARK EAST PLAT 3 NW CORNER OF LOT 5, BLOCK 1,ST. JOSEPH INDUSTRIAL PARK EAST PLAT 3 86.9 5 EC 69.4 52 6 6 0 1 PERIMETER SILTFENCE (TYP) FILTER LOG (TYP) CATEGORY 3EROSION CONTROL BLANKET (TYP)INDUSTRIAL PARK SW CORNER OF LOT 5,BLOCK 1, ST. JOSEPHEAST PLAT 3 VERIFY CONCENTRATED FLOW CATEGORY 3 EROSIONCONTROL BLANKET ALONGCONCENTRATED FLOW - FIELDPATH (TYP) SEPTIC SYSTEM/DRAIN FIELDTO REMAIN UNDISTURBED (BY OTHERS) PERIMETER SILTFENCE (TYP) PERIMETER SILTFENCE (TYP) From:Therese Haffner To:"Andy Fischer" Cc:Mike Wallen Subject:RE: lot info. for 84.53300.0405 Date:Tuesday, November 3, 2020 4:20:00 PM Attachments:St. Joseph Industrial Park E Plat 3.pdf Site Plan Application.pdf Ordinance 502.62 LI-Light Industrial District.pdf Ok. Site plan approval must be obtained before you apply for a building permit. I have attached the plat showing the lots (Lot 5 & part of lot 6 of Block 1 St. Joseph Industrial Park E Plat 3) and since these lots were combined, a survey would need to be submitted with the site plan approval application. Additionally, the property has a wetland on it and the setback from the wetland edge is 50 feet. I would welcome the opportunity to meet with you as it may be easier to go over the process and requirements in person. I have attached the Light Industrial District ordinance and site plan approval application. Let me know if you would like to meet to discuss and your availability. Thank you, Therese Haffner City Administrator City of St. Joseph 75 Callaway St. E St. Joseph, MN 56374 Phone: 320.229.9424 www.cityofstjoseph.com From: Andy Fischer <andy@mnhomeimprovements.com> Sent: Tuesday, November 3, 2020 3:00 PM To: Therese Haffner <thaffner@cityofstjoseph.com> Cc: Mike Wallen <mwallen@inspectroninc.com> Subject: Re: lot info. for 84.53300.0405 No. We decided that one wasn't big enough. We bought the one around the circle a little farther. 7967 Sterling Dr # 84.53300.0402 Thanks On Tue, Nov 3, 2020, 1:10 PM Therese Haffner <thaffner@cityofstjoseph.com> wrote: Good afternoon Andy, I received your voicemail on building. Is this the same proposal you shared with me in the spring to build a new building on the vacant corner lot on Sterling Dr. and Pearl Dr. (map below)? Therese Haffner City Administrator City of St. Joseph 75 Callaway St. E St. Joseph, MN 56374 Phone: 320.229.9424 www.cityofstjoseph.com From: Andy Fischer <andy@mnhomeimprovements.com> Sent: Monday, April 13, 2020 9:34 AM To: Therese Haffner <thaffner@cityofstjoseph.com> Subject: Re: lot info. for 84.53300.0405 This looks great. Thank you. Andy Fischer / President & Owner 320.309.8848 www.mnhomeimprovements.com TwitterFacebookGoogle +LinkedInInstagramYoutubePinterestWordpress On Mon, Apr 13, 2020 at 8:39 AM Therese Haffner <thaffner@cityofstjoseph.com> wrote: Good Morning Andy, Thank you for your patience. I have attached the plat showing lot dimensions and easements for the parcel noted below in the map. Let me know if this is the incorrect parcel. Please note, the gas easement. The parcel is Lot 9, Block 1 (page 2). The property is zoned Light Industrial. I have attached the Light Industrial District ordinance, which includes standards that must be met, including setbacks, building materials, etc. There are additional requirements, including but not limited to landscaping, parking lot paving, etc. that must be met. You would be required to go through site plan approval prior a building permit application. I have attached the site plan approval application form. Let me know if you have any questions. Thank you, Therese Haffner Community Development Director City of St. Joseph 75 Callaway St. E St. Joseph, MN 56374 Phone: 320.229.9424 www.cityofstjoseph.com Total Control Panel Login To: thaffner@cityofstjoseph.comRemove this sender from my allow list From: andy@mnhomeimprovements.com You received this message because the sender is on your allow list. East Industrial park Overview picture Pictures of other developments with paving Floor to Ceiling 8075 Sterling Dr Baldwin Supply Company 30577 Pearl Dr Gold Country Trucking Cole papers 30701 Pearl Dr Battery Wholesale 8250 Delta Circle STAFF RECOMMENDED RESOLUTION ST. JOSEPH CITY COUNCIL RESOLUTION 2021-018 A RESOLUTION OF DENIAL REGARDING A VARIANCE TO THE MINIUM WETLAND SETBACKS FOR DRIVEWAYS WHEREAS, MHI Properties, LLP, owner, hereinafter referred to as “Applicant,” has properly applied for a variance from the minimum wetland setback established in St. Joseph Ordinance 502.19 Subd. 4 Section B on the property generally described as 7967 Sterling Dr, St. Joseph, Minnesota and Parcel ID 84.53300.0402: (“Subject Property”) and; a.That the matter was duly published and notice was provided to property owners within 350 feet of the Subject property. b.That City Ordinance 502.19 Subd. 4 Section B requires a wetland setback of 75 feet for driveways. c.That the applicant appeared before the St. Joseph Planning Commission on March 8th, 2021 d. That the variance request was presented and heard by the St. Joseph City Council on th , 2021 April 5 e. That the applicant is requesting a variance to encroach the wetland setback for proposed driveway by approximately 40 feet (min. setback required is 75 feet) f. That the Subject Property is zoned I-1 Light Industrial th g. That the Planning Commission conducted a Public Hearing on February 8, 2021 and th continued the public hearing at their March 8, 2021 meeting h. That the variance is not consistent with the St. Joseph Comprehensive Plan i. That the variance is not in harmony with the general purpose and intent of the Ordinance j. That the Applicant has not established practical difficulties in complying with the zoning ordinance NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, HEREBY MAKES THE FOLLOWING FINDINGS TO DENY THE VARIANCE: 1. The variance is not consistent with the adopted St. Joseph Comprehensive Plan and following goals: a. Land Use Goals. Goal 3 “Promote Sustainable Development” Strategy 3.4 which states “Protect and enhance natural resources such as rivers, lakes, wetlands, woodlands, and wildlife habitat as growth occurs in suburban and rural areas.” b. Sustainability and Resiliency Goals. Goal 3 “Protect and Improve Water quality”. Strategy 3.4 “Maintain and enforce the wetland buffer and setback ordinance”. 2. The variance is not in harmony with the general purposes and intent of this Ordinance. STAFF RECOMMENDED RESOLUTION a. Allowing departure from the ordinance goes directly against the purpose of the ordinance which is to minimize adverse effects development may have on the environment. b. The proposed encroachment of 40 feet into the wetland setback will result in the driveway area being only 35 feet from the wetland. This encroachment is a significant departure from City code and would result in increased runoff and pollutants entering the wetland located on the subject property. 3.The applicant has not established that there are practical difficulties in complying with the zoning ordinance due to the following reasons: a. Encroaching 40’ into the wetland setback is excessive and unreasonable and does not equate to practical difficulties. There are other options the applicant can pursue which avoids an excessive and unnecessary encroachment. b. The circumstances and proposed encroachment are a direct result of the landowner. Other driveway layouts can be explored to lessen the encroachment and more directly meet the intent of the ordinance. c. The subject property was annexed into the city in 2019 prior to applicant purchasing the property. The landowner purchased the land after it was annexed into the city therefore the plight has been caused by the landowner. c. The requested variance will alter the essential character as it will result in setting a precedence in the expectations of wetland setbacks for driveway/circulation areas and result in direct conflict with city code and comprehensive plan goals. 4. Economic considerations alone shall do not constitute practical difficulties. Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council th day of April, 2021 this 5 CITY OF ST. JOSEPH By Rick Schultz, Mayor By Therese Haffner, City Administrator PLANNING COMMISSION RECOMMENDED RESOLUTION ST. JOSEPH CITY COUNCIL RESOLUTION 2021-018A A RESOLUTION OF APPROVAL REGARDING A VARIANCE TO THE MINIUM WETLAND SETBACKS FOR DRIVEWAYS WHEREAS, MHI Properties, LLP, owner, hereinafter referred to as “Applicant,” has properly appliedfor a variance from the minimum wetland setback established in St. Joseph Ordinance 502.19 Subd. 4 Section B on the property generally described as 7967 Sterling Dr, St. Joseph, Minnesota and Parcel ID 84.53300.0402: (“Subject Property”) and; a. That the matter was duly published and notice was provided to property owners within 350 feet of the Subject property. b. That City Ordinance 502.19 Subd. 4 Section B requires a wetland setback of 75 feet for driveways. c. That the applicant appeared before the St. Joseph Planning Commission on March 8th, 2021. th , 2021 and d. That the Planning Commission conducted a Public Hearing on February 8 th continued the public hearing at their March 8, 2021 meeting. e. That the variance request was presented and heard by the St. Joseph City Council on th April 5, 2021. f. That the applicant is requesting a variance to encroach the wetland setback for proposed driveway by approximately 40 feet (min. setback required is 75 feet). g. That the Subject Property is zoned I-1 Light Industrial h. That the variance is consistent with the St. Joseph Comprehensive Plan i. That the variance is in harmony with the general purpose and intent of the Ordinance j. That the Applicant has established practical difficulties in complying with the zoning ordinance NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, HEREBY MAKES THE FOLLOWING FINDINGS TO APPROVE THE VARIANCE: 1. The variance is consistent with the adopted St. Joseph Comprehensive Plan 2. The variance is in harmony withthe general purposes and intent of this Ordinance. a. The proposed encroachment of 40 feet into the wetland setback will result in the driveway area being 35 feet from the wetland. This encroachment is consistent with surrounding development where buildings and driveways are setback at an even closer distance to the wetland area. b. When the Industrial Park East Plat was constructed it was within Saint Joseph Township. When the subject property was annexed into the city in 2019 the standards of the city apply but are burdensome given the nature, and size of the subject property and existing city regulations. In addition, city services are not available for the lot so applying all the standards of City code is burdensome on the applicant. PLANNING COMMISSION RECOMMENDED RESOLUTION 3. The applicant has established that there are practical difficulties in complying with the zoning ordinance due to the following reasons: a. The property owner is proposing to utilize the property in a reasonable manner. Constructing the driveway closer to the wetland is a reasonable use of the property. b. The subject property was developed and constructed with Saint Joseph Township standards and classified as “Urban Expansion” within Stearns County Zoning ordinances. The circumstances and limitations of the buildable area therefore are a result of the property and annexation that occurred in 2019 and have not been created by the landowner. In addition, city services are not provided to the lot so additional areas have to be designed to accommodate septic systemswhich decreases the overall buildable area of the subject property. C. The variance will not alter the essential character of the locality. Adjacent properties have buildings, and driveways that are constructed closer to the wetland then what the applicant is proposing. 4. Economic considerations alone are not reasons behind the variance request. NOW THERFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, THAT A VARIANCE TO THE MINIUM DRIVEWAY MATERIAL REQUIREMENT IS APPROVED WITH THE FOLLOWING CONDITIONS OF APPROVAL: 1. Failure to adhere to these conditions is grounds for the city to revoke the variance. 2. The Applicant shall be responsible for all City costs incurred in administering and enforcing this variance. 3. This resolution shall be recorded at Stearns County recorder’s office within one year otherwise this variance shall become null and void unless petition for an extension has been approved by the City Council. Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council th day of April, 2021 this 5 CITY OF ST. JOSEPH By Rick Schultz, Mayor By Therese Haffner, City Administrator STAFF RECOMMENDED RESOLUTION ST. JOSEPH CITY COUNCIL RESOLUTION 2021-019 A RESOLUTION OF DENIAL REGARDING A VARIANCE TO THE MINIUM DRIVEWAY MATERIAL REQUIREMENTS WHEREAS, MHI Properties, LLP, owner, hereinafterreferred to as “Applicant,” has properly applied for a variance from the minimum driveway material requirements as indicated in St. Joseph Ordinances 502.10 Subd.3 N) and 502.10 Subd. 5 D) on the property described as 7967 Sterling Dr, St. Joseph, Minnesota and Parcel ID 84.53300.0402:(“Subject Property”) and; a. That the Applicant appeared before the St. Joseph Planning Commission on March 8th, 2021 b. That City Ordinance 502.10 Subd. 3 N requires driveway and circulation areas to be constructed of a hard surface such as concrete, bituminous, pavement or paver stone c. That the applicant is requesting a variance to install class two gravel surfacing in lieu of City ordinance 502.10 Subd. 3 N d. That the Subject Property is zoned I-1 Light Industrial th e. That the Planning Commission conducted a Public Hearing on February 8, 2021 and th continued the public hearing on March 8, 2021 f. That the variance request was presented and heard by the St. Joseph City Council on th April 5, 2021 g. That the variance is not consistent with the St. Joseph Comprehensive Plan h. That the variance is not in harmony with the general purpose and intent of the Ordinance. i. That the Applicant has not established practical difficulties in complying with the zoning ordinance. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, HEREBY MAKES THE FOLLOWING FINDINGS TO DENY THE VARIANCE 1. The variance is not in harmony with the general purposes and intent of this Ordinance. The intent of the ordinance is to create aesthetically consistent and well-maintained areas of Commercial, Industrial, and Residential development. Deviating from the required material standards would set a precedence in this expectation and be a departure from the city standards, regulations, and overall goals as indicated in the Comprehensive Plan. 2.The applicant has not established that there are practical difficulties in complying with the zoning ordinance as installing class two gravel is not a reasonable alternative to the ordinance standards. a. Installing class two gravel is not a reasonable solution to address the standards of the ordinance. STAFF RECOMMENDED RESOLUTION b. The circumstance has been caused by the landowner as the proposed class two gravel is a choice being pursued by the landownermerely based on financial costs. The subject property was annexed into the city in 2019 and the applicant purchased the property after annexation therefore the landowner was aware that the city ordinances apply. c. The variance if granted will alter the essential character of the locality. Departing from surfacing material requirements will set a precedent on future expectations and improvements. Any new developments/improvements would be required to meet city standards. Avariance to allow class two gravel is not consistent with historical or current enforcement of the prescribed regulations. 3.Applicant has stated paving the driveway area will be a financial hardship. Economic considerations cannot constitute practical difficulties. Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council th , 2021. on April 5 CITY OF ST. JOSEPH By Rick Schultz, Mayor By Therese Haffner, City Administrator PLANNING COMMISSION RECOMMENDED RESOLUTION ST. JOSEPH CITY COUNCIL RESOLUTION 2021-019A A RESOLUTION APPROVING A VARIANCE TO THE MINIUM DRIVEWAY MATERIAL REQUIREMENTS WHEREAS, MHI Properties, LLP, owner, hereinafter referred to as “Applicant,” has properly applied for a variance from the minimum driveway material requirements as indicated in St. Joseph Ordinances 502.10 Subd.3 N) on the property described as 7967 Sterling Dr, St. Joseph, Minnesota and Parcel ID 84.53300.0402: (“Subject Property”) and; a. That the Applicant appeared before the St. Joseph Planning Commission on March 8th, 2021 b.That the Subject Property is zoned I-1 Light Industrial th c. That the Planning Commission conducted a Public Hearing on February 8, 2021 and th continued the public hearing on March 8, 2021 d. That the variance request was presented and heard by the St. Joseph City Council on th April 5, 2021 e. That the variance is consistent with the St. Joseph Comprehensive Plan f. That the variance is in harmony with thegeneral purpose and intent of the Ordinance. g.That the Applicant has established practical difficulties in complying with the zoning ordinance as the property is proposed to be used in a reasonable manner that is consistent with adjacent property and the variance will not alter the essential character of the locality, and the circumstances are unique to the property. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, HERBY MAKES THE FOLLOWING FINDINGS TO SUPPORT THE APPROVAL OF THE VARIANCE: 1.The variance is consistent with the adopted St. Joseph Comprehensive Plan 2.The variance is in harmony with the general purposes and intent of this Ordinance. a. The intent of the ordinance is to have consistency for developments based on the area they are located. Considering the location of the subject parcel the requested variance would align with the historical standards of the area. 3.The applicant establishes that there are practical difficulties in complying with the zoning ordinance. a.The property owner is proposing to utilize the property in a reasonable manner. Allowing class two gravel throughout the site is a reasonable use and would be consistent with adjacent developments who have a mixture of gravel and hard surfacing. b.The plight of the landowner is due to circumstances unique to the property and not caused by the landowner. The subject property was developed and constructed with Saint Joseph Township standards and classified as “Urban Expansion” within Stearns County Zoning ordinances. City services including storm sewer are not provided to the lot. PLANNING COMMISSION RECOMMENDED RESOLUTION c. The variance will not alter the essential character of the locality. Adjacent development within the Saint Joseph Industrial Park East Plat contains a mixture of gravel and hard surfacing. Allowing a variance to do class two gravel will be consistent with surrounding properties. 4.Economic considerations alone are not a basis for this variance request according to the applicant. NOW THERFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, THAT A VARIANCE TO THE MINIUM DRIVEWAY MATERIAL REQUIREMENT IS APPROVED WITH THE FOLLOWING CONDITIONS OF APPROVAL: 1.The proposed parking area shown in Exhibit A as “area B” is granted a variance to be Class Two gravel. The proposed ADA parking areas shown in Exhibit A as “Area A” is required to be hard surfacing such as asphalt, concrete, or pavers. 2.Dust control methods shall be deployed on the gravel area on a consistent and scheduled basis. These methods include: watering, and other applicable means as directed by the city. The schedule shall be provided to the city and attached as “Exhibit B”. 3.The owner shall ensure no gravel is tracked onto the public right-of-way/street. 4. Failure to adhere to these conditions is grounds for the city to revoke the variance. 5. The Applicant shall be responsible for all City costs incurred in administering and enforcing this variance. 6. This resolution shall be recorded at Stearns County recorder’s office within one year otherwise this variance shall become null and void unless petition for an extension has been approved by the City Council. Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council th this 5 day of April, 2021. CITY OF ST. JOSEPH By___________________________ Rick Schultz, Mayor By____________________________ Therese Haffner, City Administrator PLANNING COMMISSION RECOMMENDED RESOLUTION Exhibit A Area B Area A ***A new exhibit will need to be provided by the applicant. This exhibit is for example purposesonly.*** STAFF RECOMMENDED RESOLUTION ST. JOSEPH CITY COUNCIL RESOLUTION 2021-020 A RESOLUTION OF DENIAL REGARDING A VARIANCE TO THE MINIUM CURBING REQUIREMENTS WHEREAS, MHI Properties, LLP, owner, hereinafter referred to as “Applicant,” has properly applied for a variance from the minimum curbing requirements as indicated in St. Joseph Ordinances 502.10 Subd. 5 D) on the property described as 7967 Sterling Dr, St. Joseph, Minnesota and Parcel ID 84.53300.0402: (“Subject Property”) and; a. That the matter was duly published and notice was provided to property owners within 350 feet of the Subject property. b. That City Ordinance 502.10 Sudb. 5 D) requires curbing for properties with driveway and parking areas c. That the Applicant appeared before the St. Joseph Planning Commission on March 8th, 2021 d. That the applicant requested a variance to the requirement to curb their parking lot and circulation area e. That the Subject Property is zoned I-1 Light Industrial th , 2021 and f. That the Planning Commission conducted a Public Hearing on February 8 th continued the public hearing on March 8, 2021 g. That the variance request was presented and heard by the St. Joseph City Council on th April 5, 2021 h. That the variance is not consistent with the St. Joseph Comprehensive Plan i. That the variance is not in harmony with the general purpose and intent of the Ordinance. j. That the Applicant has not established practical difficulties in complying with the zoning ordinance. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, HERBY MAKES THE FOLLOWING FINDINGS TO SUPPORT THE DENIAL: 1. The variance is not in harmony with the general purposes and intent of this Ordinance. The intent of the ordinance is to foster developments that have consistent aesthetic standards and stormwater runoff control. Deviating from the required curbing standard would set a precedence in this expectation/standard and conflict with overall goals and standards indicated in the Comprehensive Plan. 2. The circumstances have been created by the landowner. When the land was purchased by the landowner the property was within the city of St Joseph. The owner therefore purchased this land knowing the standards and ordinances of St. Joseph apply. STAFF RECOMMENDED RESOLUTION 3. Economic considerations alone shall not constitute practical difficulties. The applicant cites that the financial cost to curb will put the project at jeopardy. Cost and economic considerations do not constitute practical difficulties. Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council th on April 5 , 2021 CITY OF ST. JOSEPH By Rick Schultz, Mayor By Therese Haffner, City Administrator PLANNING COMMISSION RECOMMENDED RESOLUTION ST. JOSEPH CITY COUNCIL RESOLUTION 2021-020A A RESOLUTION OF APPROVAL REGARDING A VARIANCE TO THE MINIUM CURBING REQUIREMENTS WHEREAS, MHI Properties, LLP, owner, hereinafter referred to as “Applicant,” has properly applied for a variance from the minimum curbing requirements as indicated in St. Joseph Ordinances 502.10 Subd. 5 D) on the property described as 7967 Sterling Dr, St. Joseph, Minnesota and Parcel ID 84.53300.0402: (“Subject Property”) and; a. That the matter was duly published and notice was provided to property owners within 350 feet of the Subject property. b. That City Ordinance 502.10 Sudb. 5 D) requires curbing for properties with driveway and parking areas c. That the Applicant appeared before the St. Joseph Planning Commission on March 8th, 2021 th d. That the Planning Commission conducted a Public Hearing on February 8, 2021 and th continued the public hearing on March 8, 2021 e. That the applicant requested a variance to the requirement to curb their parking lot and circulation area f. That the Subject Property is zoned I-1 Light Industrial g. That the variance request was presented and heard by the St. Joseph City Council on th April 5, 2021 h. That the variance is consistent with the St. Joseph Comprehensive Plan i. That the variance is in harmony with the general purpose and intent of the Ordinance. j. That the Applicant has established practical difficulties in complying with the zoning ordinance. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, HERBY MAKES THE FOLLOWING FINDINGS TO SUPPORT THE APPROVAL OF THE VARIANCE: 1. The variance is consistent with the adopted St. Joseph Comprehensive Plan 2. The variance is in harmony with the general purposes and intent of this Ordinance. a. Curbing is intended for properties that are serviced with utilities and storm sewer. The subject property is not serviced with utilities and will not contain storm sewer system. 3. The applicant establishes that there are practical difficulties in complyingwith the zoning ordinance. a.The property owner is proposing to utilize the property in a reasonable manner. Not curbing the subject property is a reasonable solution given that no city services are provided to the property specifically storm sewer. PLANNING COMMISSION RECOMMENDED RESOLUTION b. The plight of the landowner is due to circumstances unique to the property and not caused by the landowner. The circumstances have not been created by the landowner. The subject property was developed and constructed with Saint Joseph Township standards and classified as “Urban Expansion” within Stearns County Zoning ordinances. City services including storm sewer are not provided to the lot. Allowing a variance to curbing standards will not negatively impact stormwater runoff or public health, and safety. c. The variance will not alter the essential character of the locality. Adjacent development within the Saint Joseph Industrial Park East Plat contains no curbing. Allowing a variance to the required curbing standards will be consistent with surrounding properties. 4.Economic considerations alone shall not constitute practical difficulties. NOW THERFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, THAT A VARIANCE TO THE MINIUM DRIVEWAY MATERIAL REQUIREMENT IS APPROVED WITH THE FOLLOWING CONDITIONS OF APPROVAL: 1. Failure to adhere to these conditions is grounds for the city to revoke the variance. 2. The Applicant shall be responsible for all City costs incurred in administering and enforcing this variance. 3. This resolution shall be recorded at Stearns County recorder’s office within one year otherwise this variance shall become null and void unless petition for an extension has been approved by the City Council. Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council th , 2021 on April 5 CITY OF ST. JOSEPH By Rick Schultz, Mayor By Therese Haffner, City Administrator Council Agenda Item 11 MEETING DATE:April 5, 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. City council reviewed the pooled capacity amendment at their March 1, 2021 council meeting and requested the area cities meet another time to review before approval. BACKGROUND INFORMATION: The City of Foley requested to connect to the St. Cloud Wastewater Treatment Facility and has been approved for funding to complete the project. The City of St. Cloud hired AE2S to determine if and how the City of Foley could connect. The area cities belonging to the St. Cloud Wastewater Advisory Commission (SCAWAC) met to review the findings. SCAWAC agreed to the pooled capacity amendment and funding reimbursements. In addition, St. Joseph, St. Augusta and Sartell agreed to sell all or a portion of their pooled capacity to Foley. Before the amended pooled capacity agreement was approved by each area city, SCAWAC members requested another meeting to understand what the City of Foley would be paying for each part of the connection, including conveyance. The SCAWAC members agreed the most appropriate way to connect the City of Foley was the proposed pooled capacity agreement. This would not require the Sewer Use Agreement to be opened up. The last SUA took several years to development and gain approval from all member cities. The next phase of expansion is estimated to be around 2030. St. Cloud will be reaching out to the member cities in 2021 to begin updating the SUA for the expansion. After meeting with SCAWAC and understanding the terms, staff recommends approval of the Pooled Capacity agreement proposed by the City of St. Cloud. BUDGET/FISCAL IMPACT: $2,222,455 possible benefit ATTACHMENTS: 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 OFTHE WASTEWATER TREATMENT SYSTEM USE AGREEMENT EXHIBIT C WASTEWATER TREATMENT FACILITY POOL CAPACITY AMENDMENT NO. 1BETWEEN THE CITY OF ST. JOSEPH, MINNESOTAAND 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 WWTFPool 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. th Adopted by the City Council of the City of St. Joseph this 5 day of April, 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 12 MEETING DATE: April 5, 2021 AGENDA ITEM: Mobile Sewer Camera SUBMITTED BY: Public Works BOARD/COMMISSION/COMMITTEE RECOMMENDATION: Purchase of sewer camera. PREVIOUS COUNCIL ACTION: None BACKGROUND INFORMATION: The City of Saint Joseph for years has been out sourcing its televising of sanitary sewer for inspections, future underground utility projects, and root foaming. In the last three years we have spent just under $10,000 in services. With the increasing requirements of sanitary and storm sewer inspections I believe it is the city best interest to purchase their own system. We have reached out to other cities for their input and have also tested a few models. I am requesting the approval for a used system that is completely self-contained in a trailer. This trailer provides the tools, power, heat and air conditioning for all types of conditions. This camera was owned by the City of Arden Hills and they have purchased a new system. The entire system has been serviced by Flexible Pipe Tool Company out of Richmond, MN and the camera has all new moving parts. Camera is equipped with the following: 1000’ line Color display Recording with notes and measurement Rotating camera left/right up/down Zoom Self-propelled Wheel kits for different sized pipe This system new would cost around $180,000.00 BUDGET/FISCAL IMPACT: $33,500.00 ATTACHMENTS: None REQUESTED COUNCIL ACTION: Approve purchase of sewer camera for $33,500.00 using existing 2021 sanitary and storm sewer budget.