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HomeMy WebLinkAbout04.01.24 CITY OF ST. JOSEPH www.cityofstjoseph.com 75 Callaway Street East | Saint Joseph, Minnesota 56374 Email: cityoffices@cityofstjoseph.com | Phone: 320.363.7201 | Fax 320.363.0342 St. Joseph City Council April 1, 2024 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. ** Join Zoom Meeting https://us06web.zoom.us/j/89498431048?pwd=Knbp6HDiEEaUiTkNOphMKbj6xYFdJl.1 Meeting ID: 894 9843 1048 Passcode: 374112 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. Bills Payable – Requested Action: Approve Check Numbers 61690-61743, Payroll & Account Payable EFT #3312-3323; Regular Pay Period 6. b. Transfers – Requested Action: Approve the transfers as presented. c. Equity Designations – Requested Action: Approve the 2023 Equity Classifications as presented. d. Pay Application #3 – Requested Action: Approve final payment application for the Morningside Loop Drainage Improvements. e. Temporary On-Sale Liquor Permit – Requested Action: Approve the temporary on-sale liquor permit for Obbink Distilling for Joetown Blocks on June 9, 2024. f. Maintenance Position Hires – Requested Action: Approve the hires of Trent Merkling at grade 5 step 6 and Jacob Reber at grade 5 step 4 on the base pay scale to fill the maintenance position vacancies in the Public Works Department. 5. Public Hearing – Sal’s Bar Special Event 6. Public Hearing – Moratorium on Sale of Cannabis Products 7. Scott Justvig, Kinetic 8. St. Joseph Township Fire Contract 9. Engagement Letter for Pickleball Court Design 10. Resolution Approving the Amended Wastewater Treatment Use Agreement 11. Engineer Reports 12. Department Reports 13. Mayor and Council Reports/Updates 14. Adjourn STAFF MEMO Prepared by: Debbie Kulzer Meeting Date: 4/01/24 ☒Consent Agenda Item ☐Regular Agenda Item Agenda Item # 4a Reviewed by: Item: Bills Payables ACTION REQUESTED Approve the bills payables as presented. BOARD/COMMISSION/COMMITTEE RECOMMENDATION none PREVIOUS COUNCIL ACTION See below REFERENCE AND BACKGROUND 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 IMPACT Bills Payable – Checks Mailed Prior to Council Approval Regular PP 6 $69,168.21 Payroll & Accounts Payable EFT #3312 - #3323 $59,413.77 Check Numbers #61690 - #61721 $64,818.09 __________________________________________________ Total $193,400.07 Bills Payable – Checks Awaiting Council Approval Check Numbers - #61722 - #61743 $58,422.68 Total $58,422.68 Total Budget/Fiscal Impact: $251,822.75 Various Funds STAFF RECOMMENDED ACTION Approve the bills payables as presented. SUPPORTING DATA/ATTACHMENTS Bill listing by EFT, paid prior to council approval and awaiting to be paid upon council approval. GL Check Check Vendor Invoice Invoice Check Period Issue Date Number Number Payee Number GL Account Amount 3/24/2024 3/20/2024 ACH PAYROLL REG PP 6 VARIOUS 69,168.21$ 24-Mar 3/18/2024 3312 106514 DELTA DENTAL RIS0005525359 101-21706 2,643.06$ 24-Mar 3/18/2024 3313 106422 KWIK TRIP FEB 24 STMT - PW & FIRE 602-49450-205 416.25$ 24-Mar 3/18/2024 3313 106422 KWIK TRIP FEB24 STMT - PD 101-42152-230 2,385.44$ 24-Mar 3/18/2024 3314 1349 NCPERS GROUP LIFE INSURANCE 7.35E+11 101-21711 57.00$ 24-Mar 3/18/2024 3315 106543 THE HARTFORD 3.95922E+11 101-21711 206.15$ 24-Mar 3/21/2024 3316 106468 AMERICAN FUNDS PR0315241 101-21705 150.00$ 24-Mar 3/21/2024 3317 1224 EFTPS PR0315241 101-21703 18,795.34$ 24-Mar 3/21/2024 3318 108258 MAGNIFI FINANCIAL CREDIT CARD Feb 24 STMT - David 101-41430-331 179.81$ 24-Mar 3/21/2024 3318 108258 MAGNIFI FINANCIAL CREDIT CARD Feb 24 STMT - Kayla 101-41110-331 1,059.59$ 24-Mar 3/21/2024 3318 108258 MAGNIFI FINANCIAL CREDIT CARD Feb 24 STMT - Lori 101-41530-433 70.00$ 24-Mar 3/21/2024 3318 108258 MAGNIFI FINANCIAL CREDIT CARD Feb 24 STMT - Nate 101-41910-300 1.00$ 24-Mar 3/21/2024 3318 108258 MAGNIFI FINANCIAL CREDIT CARD Feb 24 STMT - PD 101-42120-210 287.01$ 24-Mar 3/21/2024 3318 108258 MAGNIFI FINANCIAL CREDIT CARD Feb 24 STMT - PW 601-49440-331 4,455.75$ 24-Mar 3/21/2024 3318 108258 MAGNIFI FINANCIAL CREDIT CARD Feb 24 STMT - Rhonda 101-45204-328 355.47$ 24-Mar 3/21/2024 3319 897 MN DEPARTMENT OF REVENUE PR0315241 101-21702 4,214.22$ 24-Mar 3/21/2024 3320 63 PERA PR0315241 101-21704 19,873.08$ 24-Mar 3/21/2024 3321 105209 SENTRY BANK PR0315241 101-21715 1,796.68$ 24-Mar 3/21/2024 3322 106189 VOYA FINANCIAL PR0315241 101-21705 1,775.00$ 24-Mar 3/21/2024 3323 108126 WEX PR0315241 101-21715 692.92$ 24-Mar 3/14/2024 61690 107530 CENTRAL SQUARE TECHNOLOGIES 405020 101-42120-310 1,878.41$ 24-Mar 3/14/2024 61691 108296 GRANITE CITY GYMANASTICS REFUND ESCROW 12/31/23 101-41430-34103 1,065.77$ 24-Mar 3/14/2024 61692 108295 JK TECHNOLOGIES 248 101-42151-220 110.00$ 24-Mar 3/14/2024 61693 421 KNIFE RIVER CORPORATION UNUSED ESCROW 2024 101-41430-34104 625.50$ 24-Mar 3/14/2024 61694 107502 LEXISNEXIS 1694850-20240229 101-42120-300 109.27$ 24-Mar 3/14/2024 61695 151 MACQUEEN EMERGENCY, INC P26909 210-42220-300 442.68$ 24-Mar 3/14/2024 61696 105417 MIDCONTINENT COMMUNICATION 1.57323E+13 101-42151-220 30.00$ 24-Mar 3/14/2024 61696 105417 MIDCONTINENT COMMUNICATION 1.64557E+13 602-49480-321 2,675.77$ 24-Mar 3/14/2024 61697 108254 MIGHTY AUTO PARTS IV103282 -PD 101-42152-230 66.79$ 24-Mar 3/14/2024 61697 108254 MIGHTY AUTO PARTS IV103282 -PW & PD 101-42120-214 66.78$ 24-Mar 3/14/2024 61697 108254 MIGHTY AUTO PARTS IV103388 101-43201-210 32.88$ 24-Mar 3/14/2024 61698 108297 NORMA PINA 03.09.24 101-45202-34782 200.00$ 24-Mar 3/14/2024 61698 108297 NORMA PINA 03.11.24 101-45202-34782 200.00$ 24-Mar 3/14/2024 61699 13 REPUBLIC SERVICES 0891-001343640 603-43230-384 44,746.70$ 24-Mar 3/14/2024 61700 107028 SPECTRUM SUPPLY 94425 210-42220-210 140.28$ 24-Mar 3/14/2024 61700 107028 SPECTRUM SUPPLY 94471 210-42220-210 267.19$ 24-Mar 3/14/2024 61701 11 STEARNS ELECTRIC ASSOCIATION FEB 2024 STMT 602-49471-381 3,019.01$ 24-Mar 3/14/2024 61702 108298 STORAGE LINK OF ST. CLOUD - BRY UNUSED ESCROW 101-41430-34103 582.10$ 24-Mar 3/14/2024 61703 690 VERIZON WIRELESS 9957424807 210-42250-321 2,016.61$ 24-Mar 3/21/2024 61704 38 AUTO VALUE PARTS STORES - WEST 8042261 602-49450-230 37.45$ 24-Mar 3/21/2024 61704 38 AUTO VALUE PARTS STORES - WEST 8042262 602-49450-230 22.47$ 24-Mar 3/21/2024 61705 105401 BEST-WAY FABRICATING, INC.27862 601-49421-220 288.00$ 24-Mar 3/21/2024 61706 106 CENTRAL MCGOWAN, INC 0000818147 - Fire 210-42270-210 40.70$ 24-Mar 3/21/2024 61706 106 CENTRAL MCGOWAN, INC 0000818147 -PD 101-42120-210 40.69$ 24-Mar 3/21/2024 61707 1265 CINTAS CORPORATION NO. 2 FEB 24 STMT 101-41430-210 2,082.91$ 24-Mar 3/21/2024 61708 102901 CORE & MAIN LP U445303 601-49430-220 862.46$ 24-Mar 3/21/2024 61709 108162 FARRELL EQUIPMENT & SUPPLY CO 112804 601-49440-214 35.98$ 24-Mar 3/21/2024 61710 342 FASTENAL COMPANY MNST1203136 110-43201-580 290.92$ 24-Mar 3/21/2024 61710 342 FASTENAL COMPANY MNST1203225 110-43201-580 450.16$ 24-Mar 3/21/2024 61711 95 GOPHER STATE ONE CALL 4020767 602-49490-319 22.95$ 24-Mar 3/21/2024 61712 983 LEAGUE OF MN CITIES INS TRUST 22346 101-43125-300 290.70$ 24-Mar 3/21/2024 61713 460 MINNESOTA COMPUTER SYSTEMS,393456 101-43201-200 118.51$ 24-Mar 3/21/2024 61714 1616 MVTL LABORATORIES, INC 1241639 602-49480-312 155.50$ 24-Mar 3/21/2024 61715 106764 O REILLY AUTO PARTS 5771-325839 101-43201-210 74.42$ 24-Mar 3/21/2024 61715 106764 O REILLY AUTO PARTS 5771-326189 101-43201-220 15.71$ 24-Mar 3/21/2024 61715 106764 O REILLY AUTO PARTS 5771-326190 101-43220-230 26.87$ 24-Mar 3/21/2024 61715 106764 O REILLY AUTO PARTS 5771-326589 101-42152-230 30.34$ 24-Mar 3/21/2024 61715 106764 O REILLY AUTO PARTS 577326183 101-43220-230 115.53$ 24-Mar 3/21/2024 61716 108292 RADCO STC-53072-01 602-49450-230 742.02$ 24-Mar 3/21/2024 61717 103727 SCHWIETERS CHEV-COLD SPRING 347471 101-42152-230 109.20$ 24-Mar 3/21/2024 61718 108095 SNAP-ON INDUSTRIAL ARV/60651741 109-43201-580 147.96$ 24-Mar 3/21/2024 61719 6 ST. CLOUD TIMES 6253561 101-41410-340 35.90$ 24-Mar 3/21/2024 61720 307 TRAUT COMPANIES 367263 601-49420-312 280.00$ 24-Mar 3/25/2024 61721 103570 CITY OF ST. JOSEPH FLASHLIGHT DASH 2024 101-45204-308 225.00$ 24-Mar 3/28/2024 61722 108212 Buersken, Jeff 2024 - 1st Qtr PARK/REC Stpd 101-41120-103 80.00$ 24-Mar 3/28/2024 61723 106890 BYE, JOSEPH 2024 - 1st Qtr EDA Stipend 250-46500-103 120.00$ 24-Mar 3/28/2024 61724 102871 C & L EXCAVATING, INC Final PMT #3 651-49900-530 2,889.88$ 24-Mar 3/28/2024 61725 103578 DULLINGER, GINA 2024 - 1st Qtr Planning Stpd 101-41120-103 80.00$ 24-Mar 3/28/2024 61726 108284 FES, INC 21094 210-42220-585 97.98$ 24-Mar 3/28/2024 61727 108210 Hazen, Jonathan 2024 - 1st Qtr Joint Planning 101-41120-103 40.00$ 24-Mar 3/28/2024 61727 108210 Hazen, Jonathan 2024 - 1st Qtr Planning Stpd 101-41120-103 80.00$ 24-Mar 3/28/2024 61728 1546 HOSCH, LARRY 2024 - 1st Qtr EDA Stipend 250-46500-103 120.00$ 24-Mar 3/28/2024 61729 108299 LEXIPOL, LLC INVLEX11233286 109-42120-580 6,725.29$ 24-Mar 3/28/2024 61730 103876 LOUWAGIE, KEITH 2024 - 1st Qtr Planning Stpd 101-41120-103 120.00$ 24-Mar 3/28/2024 61731 107578 LYON, ABBY 2024 - 1st Qtr PARK/REC Stpd 101-41120-103 40.00$ 24-Mar 3/28/2024 61732 108262 MARGL, ISABELLA 2024 - 1st Qtr Planning Stpd 101-41120-103 80.00$ 24-Mar 3/28/2024 61733 107634 MICK, CARMIE 2024 - 1st Joint Plan Stipend 101-41120-103 40.00$ 24-Mar 3/28/2024 61733 107634 MICK, CARMIE 2024 - 1st Qtr Planning Stpd 101-41120-103 80.00$ 24-Mar 3/28/2024 61734 1147 MID CENTRAL DOOR COMPANY SI015937 210-42280-220 322.26$ 24-Mar 3/28/2024 61735 146 MIDWAY IRON AND METAL, INC 575384 210-42220-585 146.94$ 24-Mar 3/28/2024 61736 106157 RENNECKE, ANDREW 2024 - 1st Qtr PARK/REC Stpd 101-41120-103 80.00$ 24-Mar 3/28/2024 61737 107582 SCHLEPER, KEITH 2024 - 1st Qtr PARK/REC Stpd 101-41120-103 80.00$ 24-Mar 3/28/2024 61738 48 SEH, INC 462990 417-43120-530 9,150.00$ 24-Mar 3/28/2024 61738 48 SEH, INC 462991 417-43120-530 758.61$ 24-Mar 3/28/2024 61738 48 SEH, INC 462998 101-43131-303 6,762.22$ 24-Mar 3/28/2024 61738 48 SEH, INC 463010 205-45202-531 16,500.00$ 24-Mar 3/28/2024 61738 48 SEH, INC 463620 419-43120-530 9,685.00$ 24-Mar 3/28/2024 61739 105615 SHIFT TECHNOLOGIES, INC.12267 101-41710-310 312.50$ 24-Mar 3/28/2024 61739 105615 SHIFT TECHNOLOGIES, INC.12279 101-41710-310 108.00$ 24-Mar 3/28/2024 61739 105615 SHIFT TECHNOLOGIES, INC.12309 101-41710-310 99.00$ 24-Mar 3/28/2024 61740 879 ST. JOSEPH CHAMBER OF COMMER2024 FLOWER BASKETS 101-43120-210 1,800.00$ 24-Mar 3/28/2024 61741 107583 STENMAN, ELIJAH 2024 - 1st Qtr PARK/REC Stpd 101-41120-103 40.00$ 24-Mar 3/28/2024 61742 108209 Thompson, Mark 2024 - 1st Qtr Planning Stpd 101-41120-103 80.00$ 24-Mar 3/28/2024 61743 107953 WEISMAN CLEANING INC 6846 210-42280-300 1,785.00$ 24-Mar 3/28/2024 61744 101725 WICK, DALE 2024 - 1st Qtr EDA Stipend 250-46500-103 120.00$ Payroll $69,168.21 Accounts Payable & Payroll EFT $59,413.77 Check #'s $64,818.09 Council Approval Checks $58,422.68 STAFF MEMO Prepared by: Lori Bartlett, Finance Director Meeting Date: 4-2-24 ☒Consent Agenda Item ☐Regular Agenda Item Agenda Item # 4b Reviewed by: Item: 2023 Transfers ACTION REQUESTED Consider authorization of the 2023 transfers as presented. BOARD/COMMISSION/COMMITTEE RECOMMENDATION None PREVIOUS COUNCIL ACTION Council approved hiring a planning consultant to cover CDD leave using planning intern budgeted funds. REFERENCE AND BACKGROUND Operating: The first two operating transfers are revenues over expenditures in the EDA and General funds. They excess is moved to the reserve accounts for economic development and general needs in the future. The operating transfer from the General fund to 2020 Equip Certificates fund covers the negative cash balance in the certificates. Future tax proceeds will recoup the cash deficit. Budget: The budget adjustment moves the planning intern budgeted in 2023 to the debt relief fund that paid for the planning consultant while the Community Development Director was on leave. The budget will then match where the expenditure was recorded as agreed to by council previously. Chargebacks: The chargebacks are budgeted line items for the portion of water usage in city buildings and administrative reimbursement to administer the Fire fund. Residual: Residual transfers close out funds as projects are completed or bonds are paid in full; the purpose of the funds no longer exists. As project funds are closed, any residual balances are transferred into the corresponding bond funds. When bonds are paid in full, any residual funds are transferred into the debt relief fund to be used for any city purpose. Due To/Due From Other Funds: The transfer reduces the amount the TIF 2-3 owes the EDA fund for initial costs to establish the TIF. Future TIF revenues will eventually pay back the EDA. After this pay back, $3,800 remains to be paid to the EDA. BUDGET IMPACT $1,351,283.97 between funds STAFF RECOMMENDED ACTION Authorize the 2023 transfers as presented. SUPPORTING DATA/ATTACHMENTS 2023 Transfers City of St. Joseph, Minnesota Transfers Requested April 1, 2024 for 2023 Financial Year Fund Description Amount In Amount Out Operating: 250 EDA 40,000.00 Annual Transfer - Excess Project Revenue 251 Revolving Loan Fund 40,000.00 for future ED projects 101 General Fund 300,000.00 Annual Transfer - Excess Project Revenue 110 Debt Service Relief 300,000.00 for future General projects 101 General Fund 1,500.00 cover negative cash in debt fund 309 2020A Equipment Certificates 1,500.00 at 12/31/23 340,000.00 340,000.00 Budget 110 Debt Relief Fund 5,800.00 move planning intern budget to 101 General Fund 5,800.00 debt service relief to match expenditure 5,800.00 5,800.00 Chargebacks: 101 General Fund 101-41430-36300 17,742.81 Annual transfer from fire fund to 210 Fire Fund 210-42210-300 17,742.81 general fund for administrative services 101 General Fund 101-45202-210 14,730.27 Annual chargeback water usage for 101 General Fund 101-41942-210 3,629.53 other City functions. 101 General Fund 101-43120-210 3,696.17 22,397.48 101 General Fund 101-43201-210 341.51 602 Sewer Fund 602-49450-210 189.52 210 Fire Fund 210-42220-210 992.79 601 Water Fund 601-00000-37111 23,579.79 41,322.60 41,322.60 Residual 110 Debt Service Relief 5,047.10 transfer residual balance from 2017B bonds 305 2010B Improvement Bonds 5,047.10 to debt service relief fund, early call 110 Debt Service Relief 1,035.08 transfer residual balance from 2018A bonds 306 2015A Improvement Bonds 1,035.08 to debt service relief fund, paid in full 410 2020 20th Ave SE Watermain 386,008.76 transfer residual balance 2020 20th Ave SE watermain project 310 2020B GO Improvement Bonds 386,008.76 to 2020B GO Bonds 411 2021 Street Improvements 574,870.43 transfer residual balance 2021 street improvements 311 2021A GO Improvement Bonds 574,870.43 to 2021A GO Bonds 416 2022A Pumper/Tanker - transfer residual balance 2022 Pumper/Tanker 316 2022A Equipment Certificates - to 2022A Equipment Certificates 966,961.37 966,961.37 Due To/Due From Other Funds: 250 EDA Fund 3,000.00 reduce interfund loan with admin fees 259 Bayou Blues TIF 2-3 3,000.00 received through 2023 3,000.00 3,000.00 1,351,283.97 1,351,283.97 Purpose STAFF MEMO Prepared by: Lori Bartlett, Finance Director Meeting Date: 4-1-24 ☒Consent Agenda Item ☐Regular Agenda Item Agenda Item # 4c Reviewed by: Item: 2023 Equity Classifications ACTION REQUESTED Approve the equity designations as presented. 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. REFERENCE AND BACKGROUND 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. Non-spendable fund balances are for items not expected to be converted to cash. For 2023 the City had prepaid expenses for the January 2024 capital campaign contracted services paid in December 2023. 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 2023, the calculated working capital for the general fund is approximately 5.5 months of the 2024 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 2023 audited financial statements will not be considered for final approval until May 20th. Additional journal entries may come up before then. BUDGET IMPACT Restrictions on the use of the funds only. STAFF RECOMMENDED ACTION Approve the equity designations as presented. SUPPORTING DATA/ATTACHMENTS Equity 2023 – GASB 54 Equity 2023 – Working Capital Equity 2023 - Enterprise City of St. Joseph GASB 54 Equity Break‐Down December 31, 2023 Nonmajor Governmental  General (101‐110)   G.O. Industrial  Park Bonds of  2019A (308)   Community  Center (402) Funds Total Nonspendable Prepaids 17,500                     17,500              Restricted Debt Service 952,132            2,454,447.72      3,406,579        Tax Increments 72,456                 72,456              State Collected Sales Tax Projects 1,461,303           1,461,303        Park Dedication Fees 449,819               449,819            Fire Service 569,087               569,087            PEG Access Fees 15,969                     15,969              Charitable Gambling 1,360                   1,360                DEED CDAP 56,440                 56,440              Lodging Tax 20,692                 20,692              Revolving Loan Receivables 54,802                 54,802              Revolving Loan 10,324                 10,324              15,969                     952,132             ‐                   5,150,730           6,118,830        Committed EDA 511,878               511,878           Assigned Elections 3,643                       3,643                Police Forfeiture 54,995                     54,995              Severance Pay 393,756                   393,756            Capital Outlay Reserves 1,653,346                6,348,850       1,599,004           9,601,201        2,105,740                ‐                     6,348,850      1,599,004           10,053,595      Unassigned Working Capital (5.5 months) 2,235,914                2,235,914        Remaining Unassigned 249,636                   (3,655)                  245,981            2,485,550                 ‐                      ‐                   (3,655)                  2,481,895        Governmental Funds Net Position 4,624,759               952,132            6,348,850      7,257,957           19,183,698      4,624,759                952,132            6,348,850       7,257,957           19,183,698      Major Governmental Funds City of St. Joseph Equity Designations ‐ General Fund December 31, 2023 Designated/Reserved Fund Balance: Reserved for: Designated for: Prepaids/PEG  Fees/MSA Debt Service Capital Projects Working Capital Total General Fund (101 through 110) 17,500.00                   ‐                   1,708,341.34      2,633,312.75      4,341,654.09   10,729.36                   Working Capital Calculation: 2024 GF Expenditure Budget 4,773,200.00              5.5 months designated 45.80% 5.50                 months 2,186,125.60              Rounded Designation 2,185,000.00              General Fund Equity at 12/31/23: Working Capital 2,185,000.00             2,235,914.02   Schneider Field 1,921.48                    2,602,939.56  General Comp Plan Update 30,242.54                  2,748,314.82   GASB Updates 250.00                       145,375.26     left Master Park Plan Update 5,500.00                     Pavement/Transportation Plan Update 13,000.00                   Police Forfeiture/Car Bond 54,995.12                   Street Sealcoating/Crack Fill 308,378.94                 Loader Tires 8.62                            Elections 3,642.86                     Designated ‐ 102 Severance 393,755.87                 Designated ‐ 104 ARPA 34,635.00                   Designated ‐ 106 Public Safety Aid 312,930.00                 Designated ‐ 109 Capital Outlay 629,393.66                 Designated ‐ 110 Debt Service Relief 368,000.00                 Undesignated ‐ 110 Debt Service Relief 86,760.69                   Restricted ‐ 108 Cable Access 15,968.72                   Restricted ‐ 110 Debt Service Relief 17,500.00                   Undesignated ‐ 101 General 145,375.26                 4,624,758.76                 Total Undesignated 249,635.95                 Total Reserved 28,229.36                   Total Designated 4,341,654.09              General Fund balance 4,619,519.40              City of St. Joseph Enterprise Funds Equity December 31, 2023 Contributed ‐ Contributed ‐ Designated for Other Fund Developer Unspent Capital Undesignated Total Water (601) 6,334,883.67      1,488,015.21      224,406.92             3,744,086.57      11,791,392.37    Sewer (602) 6,279,931.93      1,735,633.93      1,768,688.40          3,375,473.28      13,159,727.54    Refuse (603) 42,015.46            ‐                       15,750.00               154,644.02         212,409.48         Storm Water (651) 2,694,610.67      505,905.98         55,381.01               2,623,863.70      5,879,761.36      Street Light Utility (652)‐                        ‐                       86,390.26               40,728.22           127,118.48         15,351,441.73    3,729,555.12      2,150,616.59          9,938,795.79      31,170,409.23    Water Sewer Refuse Storm Street Lights                    Net Capital Assets 12,416,721.17    15,104,108.74    19,618.69               5,302,510.44       ‐                     Less Bonds/Notes Payable (1,650,000.00)     (4,237,137.00)      ‐                            ‐                        ‐                     Less Deferred Premium (89,348.00)          (31,126.00)           ‐                            ‐                        ‐                     Invested in CA net Debt 10,677,373.17    10,835,845.74    19,618.69               5,302,510.44       ‐                    26,835,348.04   audit report ‐                       difference 10,677,373.17    10,835,845.74    19,618.69               5,302,510.44       ‐                     PY Adjustment (239,802.63)        (83,055.71)           ‐                           253,375.19          ‐                    (69,483.15)          Unrestricted, fund stmt 1,353,821.83             2,406,937.51                192,790.79            323,875.73 108,258.47      4,385,684.33      add 501 & 502 374,041.14         37,751.00            ‐                            ‐                    411,792.14         Unrestricted,gov wide 1,488,060.34      2,361,632.80      192,790.79             577,250.92         108,258.47      4,797,476.47      31,632,824.51    STAFF MEMO Prepared by: Engineer Meeting Date: 4/1/24 ☒Consent Agenda Item ☐Regular Agenda Item Agenda Item # 4d Reviewed by: Item: Final Payment Application – Morningside Loop Drainage Improvements ACTION REQUESTED Approve final payment application for the Morningside Loop Drainage Improvements. BOARD/COMMISSION/COMMITTEE RECOMMENDATION N/A REFERENCE AND BACKGROUND This is the final payment application for this project. BUDGET IMPACT $2,889.88 STAFF RECOMMENDED ACTION Approve final payment application for the Morningside Loop Drainage Improvements. SUPPORTING DATA/ATTACHMENTS Payment Application #3 (FINAL) 03/18/2024 STAFF MEMO Prepared by: City Clerk Meeting Date: 4/1/24 ☒Consent Agenda Item ☐Regular Agenda Item Agenda Item # 4e Reviewed by: Item: Temporary On-Sale Liquor Permit ACTION REQUESTED Approve the temporary on-sale liquor permit for Obbink Distilling for Joetown Blocks on June 9, 2024. BOARD/COMMISSION/COMMITTEE RECOMMENDATION PREVIOUS COUNCIL ACTION REFERENCE AND BACKGROUND Obbink Distilling applied for a temporary on-sale liquor permit for Joetown Blocks on June 9, 2024. Approval of this permit does not approve the event. Event organizers still have to come back to the council for approval. The state requires temporary on-sale applications be submitted at least 30 days prior to the event. BUDGET IMPACT STAFF RECOMMENDED ACTION Approve the temporary on-sale liquor permit for Obbink Distilling for Joetown Blocks on June 9, 2024. SUPPORTING DATA/ATTACHMENTS Temporary On-Sale Liquor Permit Application STAFF MEMO Prepared by: Public Works Director Meeting Date: 04/01/2024 ☒Consent Agenda Item ☐Regular Agenda Item Agenda Item # 4f Reviewed by: City Administrator Item: Maintenance Position Hires ACTION REQUESTED Motion to approve the consent agenda will automatically approve this item. If pulled, then the following motion would be requested. Motion to approve the new hires in the maintenance department, Trent Merkling with an effective date of 2 April 2024 and Jacob Reber with an effective date of 3 April 2024. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Approve the new hires in the maintenance depart, Trent Merkling with an effective date of 2 April 2024 and Jacob Reber with an effective date of 3 April 2024. PREVIOUS COUNCIL ACTION None REFERENCE AND BACKGROUND On 13 April 2024 Councilman Loso, Jim Marthaler, and Ryan Wensmann conducted interviews for the two vacant maintenance positions within the Public Works department. 5 applicants were interviewed and all board members agreed the two best candidates were Merkling and Reber. Trent Merkling comes with 8 year’s experience working for the Stearns County Highway department conducting same or similar duties and Jacob Reber comes with 3 year’s experience working for the city of Baxter and the city of Waite Park conducting same or similar duties. Based on direct experience Trent Merkling will start at grade 5 step 6 and Jacob Reber will start at grade 5 step 4. BUDGET IMPACT These are both budgeted positions STAFF RECOMMENDED ACTION Motion to approve the consent agenda will automatically approve this item. If pulled, then the following motion would be requested. Motion to approve the new hires in the maintenance depart, Trent Merkling with an effective date of 2 April 2024 and Jacob Reber with an effective date of 3 April 2024. SUPPORTING DATA/ATTACHMENTS None STAFF MEMO Prepared by: City Clerk Meeting Date: 4-1-24 ☐Consent Agenda Item ☒Regular Agenda Item Agenda Item # 5 Reviewed by: Item: Public Hearing – Sal’s Bar & Grill Special Event Request ACTION REQUESTED Motion to approve the special event permit submitted by the Sal’s Bar & Grill for an event to be held on June 22, 2024. BOARD/COMMISSION/COMMITTEE RECOMMENDATION NA PREVIOUS COUNCIL ACTION Council has approved the event in previous years with suggestions coming from the Public Works and Police Department. REFERENCE AND BACKGROUND Sal’s Bar & Grill submitted a special event application for an event on June 22, 2024. The request includes having the music play until 11:00PM. Applicant is also requesting that a portion of the alley to the west of the property be closed for the event. City ordinance requires a public hearing for an event having music past 9:30PM. Notices were sent to all property owners within 350 feet of the event site. BUDGET IMPACT NA STAFF RECOMMENDED ACTION Motion to approve the special event submitted by Sal’s Bar & Grill for an event to be held on June 22, 2024. SUPPORTING DATA/ATTACHMENTS Special Event Application STAFF MEMO Prepared by: City Clerk Meeting Date: 4/1/24 ☐ Consent Agenda Item ☒ Regular Agenda Item Agenda Item # 6 Reviewed by: Item: Public Hearing – Adopting an Interim Ordinance Prohibiting the Establishment of Cannabis Business within the City of St. Joseph ACTION REQUESTED Adopt Ordinance 2024-002 adopting an interim ordinance prohibiting the establishment of cannabis businesses within the City of St. Joseph. Approve Resolution 2024-021 Authorizing Summary Publication of Ordinance 2024-002. BOARD/COMMISSION/COMMITTEE RECOMMENDATION N/A PREVIOUS COUNCIL ACTION N/A REFERENCE AND BACKGROUND In May, 2023, the State Legislature passed a bill legalizing adult-use cannabis. While the bill legalized possession of recreational cannabis beginning on August 1, 2023, the regulatory framework for the licensure will not be completed until approximately January 1, 2025. Cities are permitted to pass moratoriums on the operation of such businesses for consideration of whether to and how to place restrictions on the time, place, and manner of cannabis businesses. The Office of Cannabis Management is expected to develop model ordinances to help cities navigate the regulation of cannabis. The proposed Interim Ordinance was provided by City Attorney, Sue Dege, and will prohibit cannabis businesses in the City of St. Joseph until January 1, 2025, or until the Council repeals the ordinance. This ordinance only applies to cannabis businesses, allowing for the continued operation of licensed businesses selling lower-potency hemp products. BUDGET IMPACT STAFF RECOMMENDED ACTION Adopt Ordinance 2024-002 adopting an interim ordinance prohibiting the establishment of cannabis businesses within the City of St. Joseph. Approve Resolution 2024-021 Authorizing Summary Publication of Ordinance 2024-002. SUPPORTING DATA/ATTACHMENTS Ordinance 2024-002 Resolution 2024-021 ORDINANCE NO. 2024-002 AN INTERIM ORDINANCE PROHIBITING THE ESTABLISHMENT OF CANNABIS BUSINESSES THE CITY OF ST. JOSEPH DOES ORDAIN: PREAMBLE: The following ordinance is necessary for the immediate preservation of the public peace, health, morals, safety, and welfare because of the inherent risk of injury to persons related to the recently legalized sale of cannabis as defined in Minn. Stat. 342.01, Subd. 31. A prohibition on establishment of cannabis businesses is necessary to ensure that the City has sufficient time to study reasonable time place and manner restrictions that will protect the health and safety of the residents of St. Joseph. Section 1. Authority and Findings. A. The Minnesota Legislature recently enacted Minnesota Statutes, §342.01, et seq. relating to the sale of cannabis as defined therein. The new law permits the City to adopt an interim ordinance to regulate, restrict, or prohibit the operation of a cannabis business within the City until January 1, 2025 for the purpose of conducting studies for considering reasonable restrictions on the time, place, and manner of the operation of a cannabis business. B. The City Council believes that authorizing a study regarding the types of uses that involve the retail sale of cannabis products is necessary to evaluate the regulatory options available to the City and is for the purpose of protecting the health and safety of St. Joseph's residents. Section 2. Study. The City Council hereby authorizes and directs City staff to conduct a study of the issues relating to the sale of cannabis. Staff will then make a recommendation to the City Council about whether the City should amend its zoning, business- licensing, or other general Code provisions related to these types of uses to better protect the residents of St. Joseph. Section 3. Moratorium. In accordance with the findings set forth herein, a moratorium is established as follows: A. The establishment of new uses or expansion of a cannabis business is hereby prohibited, for a period ending on January 1, 2025, or until the Council repeals this Ordinance, whichever occurs first. B. During the term of this Ordinance, the City staff will not issue any registration, nor will it accept or process any applications for cannabis business uses related. Section 4. Enforcement. In addition to any criminal penalties allowed by law, the City may enforce this Interim Ordinance by injunction or any other appropriate civil remedy in any court of competent jurisdiction. A violation of this Ordinance is also subject to the City's general penalty in Ordinance 104 of the St. Joseph City Code. Section 5. Severability. Every section, subsection, provision, or part of this Ordinance is declared severable from every other section, subsection, provision, or part. If any section, subsection, provision, or part of this interim ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, subsection, provision, or part. Section 6. Effective Date; Duration. This interim ordinance shall become effective immediately upon its approval by the Council; however, no prosecution based on the provisions of this Ordinance shall occur until twenty-four hours after the Ordinance has been published, unless the person charged with violation had actual notice of the passage of the Ordinance prior to the act or omission complained of. It shall be effective until the earlier of the following events: (a) January 1, 2025, or (b) the date upon which the City Council adopts an ordinance repealing this Ordinance. Section 7. Summary. That the following summary clearly informs the public of the intent and effect of the Ordinance and is approved for publication: "The purpose of this Ordinance is to authorize a study related to the retail sales of recently legalized cannabis products. Staff will then make a recommendation to the City Council about whether the City should amend its zoning, business-licensing, or other general Code provisions related to these types of products and associated uses to better protect the residents of St. Joseph. During the term of this Ordinance, the establishment of cannabis businesses is prohibited." Passed by the City Council this 1st day of April, 2024. Rick Schultz, Mayor ATTEST: Kayla Klein, City Clerk RESOLUTION 2024-021 DIRECTING SUMMARY PUBLICATION OF ORDINANCE 2024-002 AN INTERIM ORDINANCE PROHIBITING THE ESTABLISHMENT OF CANNABIS BUSINESSES The following official summary of the ordinance referred to has been approved by the City Council of the City of St. Joseph as clearly informing the public of the intent and effect of the ordinance. AN INTERIM ORDINANCE PROHIBITING THE ESTABLISHMENT OF CANNABIS BUSINESSES. The purpose of this Ordinance is to authorize a study related to the retail sales of recently legalized cannabis products. Staff will then make a recommendation to the City Council about whether the City should amend its zoning, business-licensing, or other general Code provisions related to these types of products and associated uses to better protect the residents of St. Joseph. During the term of this Ordinance, the establishment of cannabis businesses is prohibited A copy of the entire ordinance is available for inspection by any person at the office of City Clerk, Monday through Friday between the hours of 8AM – 4:30PM or on the City’s website at www.cityofstjoseph.com. Passed by the St. Joseph City Council this 1st day of April, 2024. Rick Schultz, Mayor ATTEST David Murphy, City Administrator STAFF MEMO Prepared by: City Administrator Meeting Date: 4/01/2024 ☐Consent Agenda Item ☒Regular Agenda Item Agenda Item # 8 Reviewed by: Item: St. Joseph Township Fire Contract Amendment ACTION REQUESTED A MOTION to Approve the Fire Services Contract with St. Joseph Township as amended. BOARD/COMMISSION/COMMITTEE RECOMMENDATION City Attorney Dege has approved the Contract as to form and content. PREVIOUS COUNCIL ACTION This item has been before the Council on more than one occasion for extension of the interim agreement. REFERENCE AND BACKGROUND This item has a long history and a similar contract with St. Wendel Township has been adopted previously. The Township has reviewed the amended contract and the Township Supervisor will be recommending approval of the contract to the Township Board. The budget attachment and Fire District Map will be included in the signed agreement that will be sent to the township after Council approval. BUDGET IMPACT The terms and potential risk are described in the letter from the City Attorney. STAFF RECOMMENDED ACTION Approval of the Fire Services Contract. SUPPORTING DATA/ATTACHMENTS Attorney/Client privilege letter. Agreement STAFF MEMO Prepared by: Admin/Engineer Meeting Date: 4/1/24 ☐Consent Agenda Item ☒Regular Agenda Item Agenda Item # 9 Reviewed by: Item: Design Phase Agreement for Pickleball Courts ACTION REQUESTED Approve the SEH proposal agreement for design phase engineering services. BOARD/COMMISSION/COMMITTEE RECOMMENDATION PREVIOUS COUNCIL ACTION REFERENCE AND BACKGROUND The attached agreement provides for design phase services of the 2024 Pickleball Court Improvements at Millstream Park BUDGET IMPACT $18,975 STAFF RECOMMENDED ACTION Approve the SEH proposal agreement for design phase engineering services. SUPPORTING DATA/ATTACHMENTS 2024 Pickleball Court Improvements Supplemental Letter Agreement Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 2351 Connecticut Avenue, Suite 300, Sartell, Minnesota 56377 651.490.2000 | 800.325.2055 | 888.908.8166 fax | sehinc.com SEH is 100% employee-owned | Affirmative Action–Equal Opportunity Employer March 28, 2024 RE: St. Joseph, Minnesota 2024 Pickleball Court Improvements Final Design Phase Services SEH No. STJOE P-177940 1 Honorable Mayor and City Council c/o Mr. David Murphy, City Administrator City of St. Joseph 75 Callaway Street East PO Box 668 St. Joseph, MN 56374-0668 Dear Mayor and Members of the Council: This letter supplements the Agreement for Professional Services between City of St. Joseph, Minnesota, Owner, and Short Elliott Hendrickson Inc. (SEHÒ) dated July 1, 2006, and addresses providing Design Services in connection with Pickleball Court Improvements, hereinafter called the “Project”. Our services will consist of: · Prepare final design documents based on the pickleball court exhibit provided to SEH on March 12, 2024. o Place Gopher State One-Call buried utility locate request. o Conduct a topographic survey of the site and collect locations of field-identified private and public utilities on the site as marked by the utility owners. Survey location of other miscellaneous above-ground features anticipated to be needed as part of the final design. o Prepare final site and grading drawings for construction of three (3) pickleball courts at the Millstream Park site. Construction drawings will include a cover sheet, miscellaneous standard construction details and standard notes plan, removal and grading plan, typical pavement section, court marking/striping plan requirements, and turf establishment plan. o Prepare project manual with technical specification requirements for the design. o Furnish a final engineer’s opinion of probable construction cost for the Project based on the completed drawings and specifications. o Deliverables: One (1) Adobe Acrobat electronic copy and three (3) paper copies of Construction Documents that will include 11”x17” drawings and project manual. · Provide assistance receiving bids and negotiating a construction contract with the successful bidder. o Prepare proposal form and notice (invitation) to bidders. o Answer pre-bid questions from bidders. o Conduct a virtual bid opening through QuestCDN. o Review and tabulate bids received by the Owner. Mr. David Murphy March 28, 2024 Page 2 All as set forth in this letter and the Agreement for Professional Services between SEH and City of St. Joseph, Minnesota dated July 1, 2006. We will also furnish such Additional Services as you may request or as required. Assumptions: · The Owner will provide SEH with the specifications and detailed drawings for Owner-furnished equipment including nets and net posts, benches, sun/wind screens, or other Owner-furnished equipment. · The selected wind/sun screen will not require a structural design and will be suitable for attachment to standard duty perimeter chain link fencing and posts. Should structural analysis and special fence design be determined to be necessary, such services can be provided as an Additional Service. · The Owner has not commissioned a geotechnical investigation of the site. If the Owner elects not to perform a geotechnical investigation, the court pavement design will be based on available general planning-level NRCS web soil survey information. · The topographic field survey will be collected during conditions without snow cover and the site visible. · The Owner will provide SEH with any other studies, reports, plans, plats, electronic CAD and survey files, or other data that may be of assistance to the project. Additional Services: The following services from SEH are not included in this proposal but, if required, can be provided to the City of St. Joseph: · Preparation of environmental documents (mitigation permits). · Attendance at regulatory agency review meetings. · Reproduction of deliverables in addition to the scope identified above. · Right of way acquisition/platting services. · Construction Phase Services (Construction Administration, Resident Project Representation, Construction Staking). You will pay us a fee for our services, currently estimated to be $18,975, in accordance with Exhibit C-2, Lump Sum Basis Option. Payment for additional services shall be based on the time required to perform the services and the billable rates for the principals and employees engaged directly on the Project, plus charges for expenses and equipment, all in accordance with Exhibit C-1. We will start our services promptly after receipt of your authorization. We estimate our services will be completed after 2.5 months. If there are delays in the Project that are beyond our control, you agree to grant additional time to complete the services. Your budgetary limitations for construction of the Project should be provided to us in writing at an early date. We will endeavor to work within those limitations. We do not guarantee that our opinions of probable construction cost will not differ materially from negotiated prices or bids. If you wish greater assurance as to probable construction cost or if you wish formal estimates, an independent cost estimator should be employed as provided in Section IV.A. of the Agreement and in Exhibit B. Mr. David Murphy March 28, 2024 Page 3 This letter and the Agreement for Professional Services and Exhibits A, B, C-1, C-2 and D dated July 1, 2006, represent the entire understanding between you and us in respect of the Project and may only be modified in writing signed by both of us. If it satisfactorily sets forth your understanding of our agreement, please sign this letter in the space provided below and return one copy to us. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Randy Sabart, PE Principal (Lic. MN) mrb https://sehincazure.sharepoint.com/sites/contractmanagement/contract documents/contracts/6049 - stjoe_2/contract/letter_proposal-5807.docx ACCEPTED BY: CITY OF ST. JOSEPH, MINNESOTA By: Date: Authorized Client Signature STAFF MEMO Prepared by: Meeting Date: 4/1/24 ☐Consent Agenda Item ☒Regular Agenda Item Reviewed by: Item: Resolution Approving the Amended Wastewater Treatment Use Agreement ACTION REQUESTED Approve Resolution 2024-020 Approving the Amended Wastewater Treatment Use Agreement. BOARD/COMMISSION/COMMITTEE RECOMMENDATION PREVIOUS COUNCIL ACTION Approved resolution for the 2010 Wastewater Treatment Use Agreement Approved resolution approving the amended Pool Capacity Agreement REFERENCE AND BACKGROUND In 2000, the St. Cloud Area Wastewater Advisory Committee (SCAWAC) was established. The goal of the committee is to promote the continued equitable and efficient cost distribution for wastewater conveyance and treatment services. From 2000 – 2010, this committee developed the 2010 Wastewater Treatment Use Agreement. The Pool Capacity Agreement (PCA) was amended in March 2021 to provide the opportunity for the City of Foley to enter St. Cloud’s Wastewater Conveyance and Treatment System. This connection is anticipated to occur in summer of 2024. The 2010 Wastewater Treatment Use Agreement is being amended to include the following primary objectives: •Include language related to base capacity sale procedures. This is included in Exhibit E and Attachment B. •Updated flow projections and allocations used for capital projects at the facility and in the collection system. All flow projections were reviewed and approved by all contract users. •Modified the allocations on how wastewater conveyance system projects are calculated. The “postage stamp” approach was the selected methodology by the SCAWAC members and is incorporated into the amended agreement. BUDGET IMPACT This agreement provides the framework for calculating wastewater treatment charges. STAFF RECOMMENDED ACTION Approve Resolution 2024-020 Approving the Amended Wastewater Treatment Use Agreement. SUPPORTING DATA/ATTACHMENTS Resolution 2024-020 Amended Wastewater Treatment Use Agreement Agenda Item # 10 RESOLUTION 2024–020 RESOLUTION APPROVING THE AMENDED WASTEWATER TREATMENT USE AGREEMENT WHEREAS, the goal of the St. Cloud Area Wastewater Advisory Commission (SCAWAC) is to promote the continued equitable and efficient distribution of wastewater conveyance and treatment facility costs and services; and WHEREAS, the 2010 Wastewater Treatment System Use Agreement was developed cooperatively with the Cities of St. Cloud, Sartell, Sauk Rapids, St. Joseph, St. Augusta, and Waite Park and approved by SCAWAC; and WHEREAS, the Pool Capacity Agreement was amended by all parties in March 2021 to include the City of Foley; and WHEREAS, the primary purpose of the amendment is to provide base capacity sales procedures, update flow projections and related allocations for capital projects and to modify the methodology for wastewater conveyance system capital projects to the postage stamp approach; and NOW THEREFORE BE IT RESOLVED, by the Council of the City of St. Joseph, that the amendments to the Wastewater Treatment Use Agreement between the City of St. Cloud, Sartell, Sauk Rapids, St. Joseph, St. Augusta, Waite Park, and Foley is hereby approved. Adopted this 1st day of April, 2024. CITY OF ST. JOSEPH ATTEST Rick Schultz, Mayor David Murphy, City Administrator CERTIFICATION State of Minnesota County of Stearns City of St. Joseph I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of St. Joseph at a meeting therefore held in the City of St. Joseph, Minnesota, on the 1st day of April, 2024, as disclosed by the records of said City in my possession. ______________________________ City Clerk (SEAL) Wastewater Treatment System Use Agreement Page 1 of 22 WASTEWATER TREATMENT SYSTEM USE AGREEMENT BETWEEN THE CITY OF ST. CLOUD, MINNESOTA AND CITY OF INSERT CONTRACT USER NAME HERE, MINNESOTA. This Agreement, made and entered into this _________ day of __________, 2024, by and between the City of St. Cloud, Minnesota, hereinafter referred to as the “City,” acting as the provider of wastewater conveyance and treatment services and as the holder of the National Pollutant Discharge Elimination System (NPDES) Permit and State Disposal System Permit (SDS), in accordance with Section 402 of the Clean Water Act, whereas the United States Environmental Protection Agency (EPA) authorizes the Minnesota Pollution Control Agency (MPCA) to issue this permit, and City of Contract User, Minnesota, hereinafter referred to as the “Contract User.” RECITALS A. The City owns and operates the St. Cloud Nutrient, Energy & Water Recovery Facility (NEWRF) and the Wastewater Conveyance System (WWCS). The NEWRF and WWCS together comprise the St. Cloud Wastewater Treatment System (SCWWTS or WWTS). The purpose of the WWTS is to provide for the conveyance and treatment of domestic, commercial and industrial wastewater. B. The existing NEWRF began operation in June 1976, replacing the St. Cloud Wastewater Treatment Facility that began operation in April 1956. The WWTF cost approximately $16,000,000 to construct and was partially funded through state and federal grants made available through the 1972 Clean Water Act. C. The City received a construction grant for the WWTF and in compliance with that grant, the requirements of the Clean Water Act of 1972, and the regulations issued pursuant to said Act, has adopted a Sewer Use Ordinance regulating the discharge of wastewater into the City’s wastewater system. The City has adopted a System of User Charges to assure that recipients of wastewater conveyance and treatment services pay the proportionate share of the cost of operation, maintenance, improvement, expansion and replacement of the WWTS. D. The City and the cities of St. Augusta, St. Joseph, Sartell, Sauk Rapids and Waite Park had previously entered into Cooperative Construction Agreements and Sewer Use Agreements that establish wastewater treatment charges, flow allocations and discharge limitations for the Sewer Interceptor System (SIS) and the NEWRF. The City of Foley entered into a wastewater treatment use agreement with the City in July 2021. The flow allocations and discharge limitations for the NEWRF are set forth in Article II, Section H of this Agreement. The established flow allocations and discharge limitations for the Wastewater Treatment System Use Agreement Page 2 of 22 SIS are set forth in EXHIBIT A of this Agreement. The above-referenced cities collectively comprise the membership of the St. Cloud Area Wastewater Advisory Commission (SCAWAC). The goal of SCAWAC is to promote the continued equitable and efficient distribution of wastewater conveyance and treatment facility costs and services. D. In August 2003, the SCAWAC requested the City complete a Wastewater Treatment Facilities Plan to evaluate current and future growth needs and ensure there is adequate wastewater treatment capacity in the future. SCAWAC reviewed the Wastewater Treatment Facilities Plan and approved recommendations for the rehabilitation, upgrade and expansion of the WWTF. The Rehabilitation, Upgrade & Expansion (RUE) Project, along with the Nutrient Reuse & Recovery (NR2) Project were components of the Facilities Plans completed and approved by the MPCA. E. Subsequent to the adoption of the Wastewater Treatment Facilities Plan, the cities of St. Augusta, St. Cloud, St. Joseph, Sartell, Sauk Rapids and Waite Park entered into a Cooperative Design and Construction Agreement with the City dated May 8, 2008, setting forth the financial participation of the parties in the design, upgrade, expansion and rehabilitation of the facility and related improvements through planning year 2030 and identified in the Facilities Plan. F. The City of Foley entered into a WWTS Use Agreement with the City in July 2021. Foley’s Pool Capacity purchase was determined based upon their 2040 capacity need of 0.453 MGD as outlined in Foley’s 2019 Wastewater Treatment Facility Plan. Wastewater Treatment System Use Agreement Page 3 of 22 ARTICLE I DEFINITIONS Unless the context specifically indicates otherwise, the following terms used in this Agreement, shall have the meanings hereinafter designated. “Base Capacity” is the total NEWRF treatment capacity of seventeen point nine million gallons per day (17.9 MGD) as a biological phosphorus (Bio-P) removal facility less Pool Capacity. The total original Pool Capacity constructed in the WWTF expansion project was 1,350,000 gallons per day (1.35 MGD), with a remaining “Base Capacity” of 16.55 MGD. With the addition of Foley by means of a Pool Capacity transfer, Pool Capacity was reduced to 0.897 MGD and Base Capacity increased to 17.003 MGD. “Carbonaceous Biochemical Oxygen Demand (CBOD5)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter, in the presence of a nitrification inhibitor, under standard laboratory procedures in five (5) days at twenty degrees (20º) Centigrade expressed in terms of weight and concentration (milligrams per liter or mg/L). “Categorical Industrial User” means any and all Industrial Users subject to categorical pretreatment standards under 40 C.F.R. 403.6 and 40 C.F.R. Chapter I, Subchapter N. “CFR” means the Code of Federal Regulations, which is the codification of general and permanent rules of departments and agencies of the federal government. “City” means the City of St. Cloud or the City Council of St. Cloud or St. Cloud Public Utilities. “Contract User” means the City of (Sauk Rapids, Waite Park, Sartell, St. Joseph, St. Augusta, Foley) or the City Council of Contract User. “EPA” means the United States Environmental Protection Agency. “Flow” means the quantity of wastewater expressed in gallons or cubic feet per twenty-four (24) hours. “Industrial Discharge Permit or Permit” means a permit issued by the City or Contract User to an Industrial User authorizing them to use the SCWWTS as established herein. “Industrial Waste” means solid, liquid, or gaseous wastes, excluding domestic waste, resulting from any industrial, manufacturing, commercial, institutional or business activity, or from the development, recovery, or processing of a natural resource. “Industrial User” (IU) means any establishment that discharges wastewater from an industrial process into the SCWWTS. “MGD” means million gallons per day. Wastewater Treatment System Use Agreement Page 4 of 22 “MPCA” means the Minnesota Pollution Control Agency. “National Pollutant Discharge Elimination System (NPDES) Permit” means any permit or requirements issued by the Minnesota Pollution Control Agency (MPCA) pursuant to the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1251 et seq.); for the purpose of regulating the discharge of wastewater, industrial wastes, or other wastes under the authority of Section 402 of the Clean Water Act. “Permittee” means a user who is permitted through the Pretreatment Program by the City or a Contract User authorized to discharge wastewater into the SCWWTS pursuant to an Industrial Discharge Permit. “Pool Capacity” is the reserve of wastewater treatment capacity constructed in the NEWRF but not initially allocated to any of the Contract Users. The total Pool Capacity constructed in the NEWRF was 1.35 MGD. With the transfer of Pool Capacity to the City of Foley, Pool Capacity was reduced to 0.897 MGD. “Publicly Owned Treatment Works (POTW)” means the treatment system as defined by Section 212 of the Clean Water Act, which is owned by the municipality (as defined by Section 502(4) of the Act). This includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal solids residuals or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to the wastewater treatment facility (WWTF). The term also means the municipality as defined in Section 502(4) of the Clean Water Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment system. “Pretreatment” means the process of reducing the amount of pollutants, eliminating pollutants, or altering the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the SCWWTS. The reduction, elimination, or alteration may be obtained by physical, chemical or biological processes, process changes or other means, except as prohibited by this Agreement or applicable Sewer Use Ordinance. “Pretreatment Standards” means standards for industrial groups (categories) promulgated by the EPA pursuant to the Clean Water Act which regulates the quality of effluent discharge to publicly owned treatment works and must be met by all users subject to such standards. “St. Cloud Area Wastewater Advisory Commission (SCAWAC)” is an advisory group whose objectives are to share information, improve understanding of regional wastewater issues, and improve the level of cooperation in the resolution of regional wastewater issues. Members of SCAWAC include the cities of St. Augusta, St. Cloud, St. Joseph, Sauk Rapids, Sartell, Waite Park, and Foley. “St. Cloud Wastewater Treatment System (SCWWTS or WWTS)” means the combined Publicly Owned Treatment Works (POTW) or Nutrient, Energy & Water Wastewater Treatment System Use Agreement Page 5 of 22 Recovery Facility (NEWRF) described herein, together with the Wastewater Conveyance System (WWCS) which includes the Sewer Interceptor System (SIS). “Sewer Interceptor System (SIS)” means the structures identified in EXHIBIT A to this Agreement, including the Metro Interceptor (Upper and Lower), the Pan Interceptor (Upper and Lower), the Tri-City Interceptor, the Lincoln Avenue Interceptor, the Quebecor Trunk Sewer System, the 38th Avenue and 54th Avenue, Sauk River Crossing and Northway Sewer Trunk System, and their respective components as identified in EXHIBIT A. “Significant Industrial User (SIU)” means any and all Industrial Users subject to categorical pretreatment standards under 40 C.F.R. 403.6 and 40 C.F.R. Chapter I, Subchapter N and any other Industrial User that discharges an average of 25,000 gallons per day or more of process wastewater to the WWTF (excluding sanitary, noncontact cooling and boiler blowdown wastewater), contributes a process waste stream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the WWTF, or is designated as such by the control authority as defined in 40 C.F.R. 403.12(a) on the basis that the Industrial User has a reasonable potential for adversely affecting the WWTF operation or for violating any pretreatment standard or requirement in accordance with 40 C.F.R. 403.8(f)(6). “Total Suspended Solids (TSS)” means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by a standard glass fiber filter. “Wastewater Conveyance System (WWCS)” means the Sewer Interceptor System (SIS), the Main Liftstation, the TriCity Liftstation, and related force mains and sewer mains that convey wastewater to the NEWRF. “Nutrient, Energy & Water Recovery Facility (NEWRF)” has the same meaning as “Publicly Owned Treatment Works (POTW),” defined above. The terms may be used interchangeably. Wastewater Treatment System Use Agreement Page 6 of 22 ARTICLE II SERVICE CONDITIONS A. Purpose The purpose of this Agreement is to set forth the conditions by which the Contract User may discharge a defined maximum amount of wastewater flow and load into the WWTS for conveyance and treatment services and to establish mutually acceptable standards and billing procedures. B. Rights of Use a. The Contract User shall have the right to discharge into the WWTS domestic, commercial, and industrial wastewater as long as the Contract User complies with the provisions of this Agreement or until this Agreement is terminated as otherwise provided herein. b. The parties agree that if either party believes the effect of this Agreement is inequitable or unfair, such party may by ninety (90) days of written notice, or sooner if agreed in writing by both parties, request renegotiation of any part of this Agreement and the other party will in good faith participate in such negotiations. C. Compliance with Applicable Laws a. The Contract User shall adopt, maintain and enforce the following in such a manner as to at all times comply with the Clean Water Act of 1972 and any further or supplementary amendments thereto: 1. A system of charges to ensure the Contract User is able to pay its proportionate share of the cost of operation, maintenance, expansion, rehabilitation and improvement of the WWTS. 2. An ordinance related to sewer use containing provisions that are, at a minimum, as stringent as the City of St. Cloud’s Sewer Use Ordinance. The applicable ordinance shall ensure that new sewer mains, force mains, pump stations and service connections are properly designed and constructed. b. In the construction, maintenance, and operation of its sewer system, the Contract User will comply with applicable State and Federal laws. c. The City shall enforce its Sewer Use Ordinance at the points of discharge from the Contract User into the WWTS. If the Contract User discharges wastewater in violation of applicable permits or Sewer Use Ordinances to the WWTS, the City may utilize any of the remedies provided in Article II, Section H, paragraph (b) as relating to the unauthorized discharge. d. The Contract User shall not extend or allow any extension, or interconnection to its collection system from outside their respective corporate limits without the prior written approval of the City and those other Contract Users who are parties to a joint WWCS structure to which wastewater is proposed to be discharged. e. The Contract User shall not allow for the discharge of any outside or hauled waste streams to the WWCS except for in approved and appropriately situated locations to the WWTS by the City. Wastewater Treatment System Use Agreement Page 7 of 22 D. Operation and Maintenance a. The City and the Contract User shall continue to control, own, operate, and maintain their respective wastewater collection systems, except for joint trunk sewer lines, forcemains and interceptors that are considered part of the WWCS and identified in EXHIBIT A. b. The City shall, in consultation with SCAWAC, develop a regular operation, monitoring and maintenance schedule for the WWCS that includes a corrosion minimization and control program. The schedule shall, at minimum, require a periodic rotation of testing, maintenance and inspections of the interceptors, lift stations, force mains and sewer mains that constitute the WWCS. The City shall be responsible for implementation of the schedule. A copy of the operation, monitoring and maintenance schedule and the City and Contract User responsibilities shall be provided to the Contract User. The schedule shall be reviewed by SCAWAC at a minimum of every two (2) years, and changes recommended if appropriate. c. The City and Contract User shall make available for review all records relating to the matters covered by this Agreement. d. The City and the Contract User shall work cooperatively in the enforcement of their respective Sewer Use Ordinances. e. Neither party shall be liable to the other for damages in case of an operational or system failure not due to its negligence or which is caused by an event beyond its control, or by flow characteristics that may be determined in the future to cause or contribute to the degradation of the WWTS. f. If the City determines that a characteristic of the Contract User’s flow causes or contributes to the degradation of the WWTS, despite the City’s and Contract User’s compliance with the developed operation, monitoring and maintenance schedules, all applicable NPDES permits, Sewer Use Ordinances and pretreatment requirements, the City shall notify the Contract User in writing and allow the Contract User no less than thirty (30) days to initiate the cure, which may include investigation, testing, and inspection. If the Contract User fails to act in good faith by the initiation of a cure after 30 days, and correct the characteristic within ninety (90) days, the City may take corrective action and assess the cost of the action to the Contract User. If the Contract User disputes the determination regarding its flow, or disputes the manner or cost of correction, the Contract User may pursue any of the remedies provided in Article IV. g. The City shall inspect, operate and maintain the WWTS and provide the Contract User a bi-annual report of such activities. E. Ordinance Amendments a. The parties recognize that the City and the Contract User are subject to regulations promulgated by the EPA and the MPCA. Wastewater Treatment System Use Agreement Page 8 of 22 b. The Contract User agrees to adopt and enforce sewer use rules, local limits, categorical limits, regulations and ordinances for the regulation of commercial, industrial and non-domestic discharges within the Contract User’s service area that are at least as stringent as those set forth in the City’s Sewer Use Ordinance. c. The City shall notify the Contract User and provide a sixty (60) day comment period when making amendments to its Sewer Use Ordinance. Once amendments to the Sewer Use Ordinance are formally approved, the Contract User shall modify its sewer use ordinance to reflect such amendments. Such amendments shall be approved by the Contract User’s decision-making body within six months of the date of amendment to the Sewer Use Ordinance. An administrative penalty of One Hundred Dollars ($100) per calendar day after the six month approval period may be charged to the Contract User if such amendments are not approved. d. If the Contract User believes that conforming amendments to its Sewer Use Ordinance would be detrimental to the Contract User’s interests or compliance with this Agreement, the Contract User may pursue any of the remedies provided in Article IV. The assessment of administrative penalties by the City, if applicable, shall be deferred until the dispute is resolved. e. The Contract User agrees to provide a copy of applicable rules, local limits, regulations, and/or ordinances to the City for review prior to adoption and subsequent amendment thereto. F. Pretreatment Program Requirements a. The City and Contract User shall work cooperatively on all pretreatment program requirements to ensure WWTS performance and regulatory compliance. b. The Contract User agrees to provide Industrial Discharge Monitoring Reports (IDMR) at the frequency listed in the individual industrial user permit. c. The Contract User agrees to provide the City a copy of its Annual Pretreatment Program Report by January 15th of each year. d. The Contract User shall identify new or existing potential SIUs on an annual basis and provide a final report to the City no later than January 15th of each year. e. The Contract User shall permit all SIUs and CIUs within the community that meet applicable requirements, and are not exempt under Minn. R.7049, reference Article I for criteria. f. The Contract User will enforce the requirements and conditions contained in all Pretreatment permits and/or agreements that are in effect in the Contract User’s service area. g. The Contract User shall conduct confirmatory sampling and inspection of all permitted SIUs and CIUs at least one per year, as per the Federal Pretreatment Regulations, 40 CFR Part 403. Sampling shall be unannounced to the Industrial User. Records shall be submitted to the City Wastewater Treatment System Use Agreement Page 9 of 22 within thirty (30) days of the sampling and inspection prior to October 31st of each year. h. The Contract User, or a commercial or industrial user within the Contract User’s service area, may be required to complete sampling for unregulated pollutants regardless of its inclusion in local limits, if a new effluent standard, Water Quality Standard, or prohibition is established and adopted under the Federal or Minnesota State Pretreatment Standards for an unregulated pollutant which is present in the Contract User’s discharge. Source identification and reduction efforts may be required. i. The City shall provide the Contract User a copy of the annual MPCA Pretreatment Program Audit/Inspection and Annual Pretreatment Report. G. Infiltration and Inflow Prevention The Contract User agrees to cooperate with all applicable regulatory agencies in matters regarding infiltration and inflow; and to demonstrate good faith efforts to eliminate infiltration and inflow in its sewer collection system. H. Regulation of Flows a. Wastewater Treatment Facility Discharge Limitations The quantity of wastewater discharged by the Contract User to the WWTS is defined in Table 1, below. Discharges to the WWTS by the Contract User in excess of its assigned capacity, except in conditions acknowledged by the City as significantly abnormal, shall be considered a violation of this Agreement under Section H, paragraph (c), below. b. Phase 1 of work identified in the Facilities Plan was completed in 2010- 2013. The NEWRF has a treatment capacity of fifteen million gallons per day (15.0 MGD) as a full biological nutrient removal (BNR) facility designed for removal of both phosphorus and nitrogen and a treatment capacity of seventeen point nine million gallons per day (17.9 MGD) as a biological phosphorus (Bio-P) removal facility. A reserve of wastewater treatment capacity, termed “Pool Capacity” was included in the new capacity at the NEWRF, but not initially allocated to any of the Contract Users. The total Pool Capacity constructed in the WWTF expansion project was 1,350,000 gallons per day (1.35 MGD), with a remaining “Base Capacity” of 16.55 MGD. With the addition of Foley, Pool Capacity was reduced to 0.897 MGD and Base Capacity increased to 17.003 MGD. Wastewater Treatment System Use Agreement Page 10 of 22 Table 1. Flow Allocations User Base Capacity (MGD) Pool Capacity (MGD) Total Flow Allocation (MGD) Total Flow Allocations (%) St. Cloud 8.450 0.350 8.80 49.16% Sartell 2.885 0.097 2.982 16.66% Sauk Rapids 1.735 0.225 1.960 10.95% St. Joseph 1.495 - 1.495 8.35% Waite Park 1.205 0.225 1.430 7.99% St. Augusta 0.780 - 0.780 4.36% Foley 0.453 - 0.453 2.53% TOTAL 17.003 0.897 17.900 100% c. Violations The City shall seek reimbursement to repair damages or pay any fines assessed by a regulatory agency caused by the discharge of prohibited wastes by the Contract User. Within thirty (30) days of the determination by the City that a Contract User has discharged prohibited wastes, the City shall notify the Contract User in writing of the City’s intent to seek reimbursement and an estimate of the costs of repair for damages or fines, and provide evidence supporting the determination. In the event of a Notice of Violation (NOV) or other similar action by a regulatory agency, the City shall provide a copy of the NOV to the Contract User to which the City intends to seek reimbursement within fifteen (15) days of receipt of such NOV from the regulatory agency. The Contract User shall be provided full opportunity to participate in negotiations related to resolving the NOV and a determination by the regulatory agency of any fines or penalties that may be levied upon the City and for which the City intends to seek reimbursement from the Contract User. In the event of a dispute regarding any of the City’s determinations associated with seeking reimbursement from a Contract User, the Contract User shall notify the City thereof in writing within thirty (30) days of receipt of the City’s final written determination regarding cost reimbursement. Disputes shall be resolved in accordance with Article IV of this Agreement. In the event a Contract User disputes the City’s determination of cost reimbursement, no payment shall be required as provided in this Article until determination has been made in accordance with Article IV of this Agreement and any related appeals. Wastewater Treatment System Use Agreement Page 11 of 22 I. Flow Monitoring Devices a. The Contract User agrees to provide, install and maintain at its cost and expense, at points of discharge agreed upon by the City and Contract User into the City’s WWTS, an automatic flow monitoring and recording device with an integrator-totalizer for the purpose of accurately measuring the Contract User’s flow. b. The records and reports from such monitoring devices shall be maintained by the Contract User and made available to the City for auditing and billing procedures. c. In the event of failure of the Contract User’s monitoring device(s) for the purpose of determining billing amounts pursuant to this Agreement, it will be assumed that during any period when the measuring device is inoperable for the entirety of the month, the flow total will be the calculated average of the monthly flow totals of the same time period during the three preceding years. If the most recent three-year flow record is unavailable, or if flows have changed significantly over the preceding three years, then an alternate method as mutually agreed upon by the parties will be used to determine the flow during periods of monitoring device measurement disruption. If the measuring device is inoperable for a maximum of up to seven days within the reporting month, then the average of the rest of the measured days for the month may be used for the days of missing flow data, if agreed upon by both parties. d. The Contract User shall coordinate the inspection, testing and calibration of flow measuring devices. The coordination shall include the Contract User retaining the services of an independent testing agency certified in wastewater flow measurement calibration services to inspect and calibrate the flow-metering device to maintain the accuracy of that device to within manufacturer’s specification. Inspection of the flow monitoring devices shall occur at least twice per year and be calibrated at least annually or at a frequency outlined by the equipment manufacturer as required to maintain regulatory compliance. f. A certified copy of the inspection and test results shall be provided to the City promptly after completion. The Contract User will not make adjustments to the certified calibration of the flow metering device without prior written notice to the City. Permission from the City is not required to perform prescribed or routine maintenance of the flow monitoring system. g. The City may inspect such metering devices at any reasonable time and in the event such a device fails and is not repaired within ten (10) days by the Contract User, the City may repair the same. When the City performs such repairs, the City shall provide the Contract User with an itemized invoice of its reasonable costs and expenses prior to reimbursement by the Contract User. If the invoice is undisputed, the Contract User shall pay the invoice within thirty (30) days of receipt. If the invoice is disputed, the parties may pursue any of the remedies provided in Article IV of this Agreement. Wastewater Treatment System Use Agreement Page 12 of 22 J. Wastewater Sampling a. The Contract User shall sample and analyze all required parameters and flows at its cost at each entry point, unless otherwise agreed, into the City’s WWTS on a frequency based upon the sampling schedule included in EXHIBIT B or as otherwise requested by the City. Additional samples may be collected by the City for the purpose of verifying the accuracy of the information reported by the Contract User. The analysis results from any sample collected by either party shall be shared with the other party. The City may issue or approve variances or exemptions for specific entry points and/or testing parameters in situations where there is limited value of previous data collected to minimize collection and testing costs. b. The Contract User shall collect and record the continuous flow data from the flow monitoring devices owned by the Contract User. c. Samples collected for carbonaceous biochemical oxygen demand (cBOD5), total suspended solids (TSS), and total phosphorus (TP) analysis shall be twenty-four (24) hours flow composite. Samples collected for fats, oil and grease (FOG) or pH analysis shall be a grab sample. Time composite samples may be used in lieu of flow composite samples in the event of maintenance, operational, or laboratory difficulties. A series of grabs (minimum of four) composited into one sample may be used in lieu of time composites for similar cause and with notice give to the City. d. The Contract User or the City shall have the opportunity to split samples collected by the other party. e. Monthly flow data, along with all representative wastewater sampling results, shall be reported to the City monthly before the 15th of the following month, for the purpose of verifying compliance and for preparation of monthly billing. f. Samples found to be unrepresentative of the actual flow by mutual agreement shall not be used in calculations of charges. Split samples varying by more than twenty percent (20%) for cBOD5 and TSS will not be used in the calculations for determining loadings or charges. g. Both parties will cooperate in performing additional analysis and sampling required for regulatory compliance. h. If a new effluent standard, Water Quality Standard, or prohibition is established and adopted under the Federal or Minnesota State Pretreatment Standards for an unregulated pollutant which is present in the Contract User’s discharge and such standard or prohibition is more stringent than any limitations upon such pollutant in EXHIBIT B, the Director may revise or modify this Agreement in accordance with the effluent standard, Water Quality standard, or prohibition and so notify the Contract User. The City may require additional sampling for unregulated pollutants regardless of its inclusion in EXHIBIT B. Required sampling of unregulated pollutants may be conducted by either the Contract User or the City. The cost of the sampling and analysis may be billed separately to the Contract User. Wastewater Treatment System Use Agreement Page 13 of 22 i. In addition, the City shall have the right at any time to inspect, examine and/or sample the Contract User’s collection system or wastewater. K. Laboratories All samples, unless otherwise mutually agreed upon, shall be collected and preserved using procedures as found in the most current edition of Standard Methods for the Examination of Water and Wastewater and analyzed by a laboratory certified in the State of Minnesota. Wastewater Treatment System Use Agreement Page 14 of 22 ARTICLE III REPORTS AND PAYMENTS A. Scope The Contract User agrees to pay Operation, Maintenance, Capital and Debt Service Charges, as set forth herein. It is understood and agreed by the Contract User that the charges do not include unanticipated or emergency capital repairs to the WWTS and the charges set forth herein are subject to annual adjustment by the City as provided herein. The Contract User will be provided sufficient budgetary information necessary to understand the WWTS revenues and expenditures, what each fee, rate or user charge is paying for, and how the charges were developed. The Contract User shall have an opportunity to review, provide comment and recommendations on budgetary information used to develop the charges. B. Measurement of Flow, cBOD5 and TSS For the purposes of reporting and for calculating charges as described in this Agreement, the flow shall be the totalized measurement from the flow meter at the Contract User’s Point of Discharge into the City’s WWTS, in accordance with Article II, Section J of this Agreement. cBOD5 and TSS shall be sampled as described above and analyzed by a laboratory certified in the State of Minnesota. C. Charges and Payments a. St. Cloud shall conduct an annual cost of service review for the purpose of Contract User annual rate setting consistent with past practice. The rate setting process fairly and equitably allocates annual rate revenue requirements to Contract Users of the WWTS based on the proportional benefit to each Contract User determined by flow and strength contributed to the WWTS relative to all flow. b. The annual rate revenue requirements will be based upon the most recent City of St. Cloud Wastewater Budget and will include items such as operation and maintenance expense, cash funded capital and debt service charges. c. The charges for the Contract User shall be calculated using unit costs established under the rate setting process, multiplied by the actual flow, cBOD5 and TSS loadings of wastewater discharged from the Contract User into the City’s WWTS, as measured in accordance with this Agreement for any given billing period. If the concentrations of the cBOD5 or TSS are less than the concentrations used to determine the annual unit charges, then the monthly billing charges period will be based on the cBOD5 and TSS used to calculate the unit charges in Article III, Section C, paragraph (a) of this Agreement. d. The charges computed shall be billed to the Contract User following the last day of each month and shall be payable within thirty (30) days, after which time the City Late Fee Policy will be applied. Wastewater Treatment System Use Agreement Page 15 of 22 e. All rate adjustments under the terms of this Agreement shall become effective on January 1 of the following year. The parties agree that the rate setting process may be subject to adjustment during the term of the agreement due to changing circumstances associated with the underlying basis for the rates such as new regulatory requirements or other unforeseen circumstances that may affect the rate basis in the future. f. The City will provide copies of the annual rate setting to the Contract User by November of each year or when the City approves the following year’s budget. The Contract User shall have reasonable access to the books and records of the WWTS. g. The Contract User shall have thirty (30) days from receipt of the rate setting results to review and provide written comments to the City on the proposed rates for the following year and their calculation. The parties shall utilize the remedies provided in Article IV to address any disputes as to the proposed rates or their calculation. h. If a dispute regarding the proposed rates cannot be resolved by February 1 of the following year, the current year’s rates shall continue in effect until the dispute has been resolved in accordance with Article IV of this Agreement. If the resolved rates for the following year differ from the current year’s rates, the party that overpaid according to the resolved rates is entitled to reimbursement from the party that underpaid within sixty (60) days after a final determination on the rates has been made. D. Financial Reporting The City shall provide an annual financial report and/or presentation that summarizes the overall financial operation of the WWTS. The purpose of the report is to assist the Contract User in planning for capital budget expenditures, anticipated major repairs and review the budget to actual expenditures and revenues for the prior year. The City and the Contract User will work cooperatively to ensure a clear and transparent financial reporting process. The Annual Report shall include if requested, but is not limited to: a. Sewer Fund Financial Statement and any related funds (including debt service) as reported in the annual audit, including the detailed General Ledger accounts that make up the statements. This information is available on the City website or can be provided upon request. b. Summary of the prior year budget and actual expenditures/revenues showing the correlation to the amount paid by each Contract User. c. Summary of the proposed or approved Capital Improvement Program. E. Reporting Requirements If the Contract User fails to collect and/or submit data as required by this Agreement or fails to act in good faith by correcting short term problems, the City may apply a fifteen percent (15%) surcharge to all flow and strength parameters for the most recent month for which data is available for the purposes of billing Wastewater Treatment System Use Agreement Page 16 of 22 the Contract User. If the Contract User disputes the surcharge, the Contract User may pursue the remedies provided in Article IV. F. Billing and Payment On or before the fifteenth (15th) day of the month next succeeding completion of the first full month following the effective date of this Agreement, and on or before the fifteenth (15th) day of each month thereafter, the Contract User agrees to provide the City with requisite flow data and sampling results monitored as part of EXHIBIT B for the prior month’s usage. Upon receipt of such data, the City shall calculate the charges to the Contract User and shall issue a bill to the Contract User. Such bill shall become due and payable within thirty (30) days from the billing date. Any balance remaining unpaid thirty (30) days from the date issued shall be considered delinquent and accrue a Late Payment fee a detailed in City Ordinance, Section 575.99. If the Contract User disputes a bill from the City, the Contract User may pursue the remedies provided in Article IV. Wastewater Treatment System Use Agreement Page 17 of 22 ARTICLE IV DISPUTES AND REMEDIES A. Dispute Resolution The parties acknowledge that disputes regarding the interpretation or application of this Agreement may arise from time to time, and agree that, subject to the other provisions of this Agreement, each shall attempt to resolve such disputes according to the provisions of this Article, unless otherwise provided in this Agreement. The parties do not intend to limit the kind of disputes or disagreements arising under this Agreement, which may be submitted to the Dispute Resolution procedures set forth herein. B. Request for Clarification In the event of an issue or question by either party regarding any aspect of this Agreement, both parties shall attempt to resolve that issue or answer that question amicably before proceeding to the remedies set forth in this Article. Such resolution efforts shall include communications between the parties outlining the particular issues, proposed solutions, any other items necessary to resolve the dispute. The parties agree that the request for clarification and any responses thereto should be completed no later than thirty (30) calendar days after the request for clarification is made. The parties may also seek consideration and advice through SCAWAC as appropriate. C. Negotiation When a disagreement or dispute arises over interpretation or application of any provision of this Agreement and such dispute does not constitute an event of default, the Parties will each direct staff members as they deem appropriate to meet at a mutually convenient time and place to attempt to resolve the disagreement or dispute through negotiation. D. Mediation/Arbitration When the parties to this Agreement are unable to resolve disputes, claims or counterclaims, or are unable to negotiate an interpretation or application of any provision of this Agreement, the parties may mutually agree in writing to seek relief by submitting their respective grievances to mediation and/or binding arbitration. If both parties agree to submit the dispute to binding arbitration, the following arbitration provisions shall apply: (1) arbitration shall be conducted by a single arbitrator engaged in the practice of law; (2) Minnesota’s Uniform Arbitration Act, Minnesota Statutes, Sections 572.08 to 572.30, shall govern the arbitrability of all disputes; (3) the arbitrator shall not have authority to award punitive damages; (4) the arbitrator’s award may be entered in any court having jurisdiction thereof; and (5) each party shall bear its own costs and attorneys’ fees, and shall share equally in the fees and expenses of the arbitrator. Wastewater Treatment System Use Agreement Page 18 of 22 E. Adjudication When the parties to this Agreement are unable to resolve disputes, claims or counterclaims, are unable to negotiate an interpretation or application of any provision of this Agreement, or are unable to agree to submit their respective grievances to mediation or binding arbitration, or such action has not otherwise resolved the matter in dispute, either party may seek relief through initiation of an action in a court of competent jurisdiction. Notwithstanding the provisions of this Article, upon a breach, violation, or default of any provision of this Agreement by either party or a dispute hereunder, the non-breaching, non-violating, or non- defaulting party shall be entitled to pursue any additional remedies it may have at law or in equity including, but not limited to, injunctive relief and specific performance of this Agreement in accordance with its terms. F. Waiver The exercise of any of the remedies set forth in this Article shall not limit or constitute a waiver of the parties’ rights to pursue additional remedies set forth herein, except where otherwise agreed to in writing by the parties. Wastewater Treatment System Use Agreement Page 19 of 22 ARTICLE V ADDITIONAL CONDITIONS A. Governing Law This Agreement is made pursuant to, and shall be construed in accordance with the laws of the State of Minnesota. B. Term and Termination a. This Agreement shall take effect upon execution by the parties and shall be without specific limitation as to term, except that it shall not expire or terminate sooner than the end of the useful life of the upgraded, expanded, and rehabilitated WWTS described herein, unless amended or modified as provided in this Agreement. b. The City acknowledges that the improved function and capacity of the WWTS created by its upgrade, expansion and rehabilitation is the result, in part, of the capital investment in the upgrade, expansion and rehabilitation by the Contract User. Therefore the City agrees to protect the Contract User’s capital investment by limiting rights to terminate this Agreement as follows: i. The Contract User may terminate this Agreement upon eighteen (18) months written notice thereof to the City. Upon receipt of such written notice, the City shall in writing inform all other contract users of the Contract User’s notice of termination within fourteen (14) days. A terminating Contract User shall not be responsible for any outstanding bonds, loans, or debt service allocations and is not eligible for Contract User Reimbursements associated with prior capital and debt contributions paid through rates. The City shall work cooperatively with SCAWAC to clarify the considerations the termination will create regarding any outstanding debt service from terminating Contract User and potential unutilized capacity allocations, including the conveyance of the terminating Contract User’s capacity allocation. c. If the City sells or conveys the WWTS or any part of the WWTS capacity to any other entity or third party, then such conveyance shall be subject to this Agreement. d. Either party, in its sole discretion, may request renegotiation of this Agreement pursuant to Article II, Section B of this Agreement. C. Modification/Amendment of this Agreement Except as otherwise provided herein, this Agreement shall not be modified, amended, or altered except upon the written agreement of the City and the Contract User, duly executed and adopted by the city council of each municipality. In the event that a party hereto requests to meet regarding a proposed modification or amendment of this Agreement, the request shall be made to the other party in writing and the parties shall thereafter meet at least one time at a mutually agreed upon time and place to discuss the proposed modification or amendment within sixty (60) days of the date of receipt by the Wastewater Treatment System Use Agreement Page 20 of 22 non-requesting party of the written request. The written request shall state the reason for the meeting. The Contract User and the City agree to continue to work cooperatively in development and review of Sewer Use Agreements and Wastewater Services Master Plans as well as the procedures, methods or systems used to administer the provisions of this Agreement, including all exhibits attached hereto, at the request of either party. D. Modification/Amendment of Ordinances and/or Rules Whenever either party intends to amend its Sewer Use Ordinance and/or any rules or regulations related to the operation of its wastewater treatment system that may affect the other party, except where otherwise provided in Article II of this Agreement, it shall notify the other party in writing and provide a sixty (60) day review and comment period. E. No Rights to Third Parties This Agreement is between the City and Contract User only, and creates no rights in third parties as beneficiaries of this Agreement. F. Exhibits The exhibits attached to this Agreement are intended as supplements to the Agreement. In the event of a conflict in terms or interpretation, the provisions of this Agreement shall govern. G. Severability In the event that any provision of this Agreement is determined and adjudged to be unconstitutional, invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect, and the parties hereto shall negotiate in good faith and agree to such amendments or modifications of or to this Agreement or other appropriate actions as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties hereto. H. Headings and Captions Headings and captions contained in this Agreement are for convenience only and are not intended to alter any of the provisions of this Agreement. Wastewater Treatment System Use Agreement Page 21 of 22 I. Entire Agreement The terms, covenants, conditions and provisions of this Agreement, including the present and all future attachments, shall constitute the entire Agreement between the parties hereto, superseding all prior agreements and negotiations. This Agreement shall supersede and replace the existing Sewer Use Agreements between the participating communities. Upon execution and implementation of this Agreement, said existing agreement(s) shall be null and void. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. J. Notice Any notices required under the provisions of this Agreement shall be in writing and sufficiently given if delivered in person or sent by U.S. mail, postage prepaid, as follows: If to St. Cloud: If to Sauk Rapids: City Administrator City Administrator St. Cloud City Hall Sauk Rapids City Hall 1201 7th Street South 115 2nd Avenue North St. Cloud, MN 56301-3622 Sauk Rapids, MN 56379 EXHIBIT A – Wastewater Conveyance System (WWCS) EXHIBIT B – Sampling and Testing Schedule EXHIBIT C – Pool Capacity Agreement EXHIBIT D – Cooperative Design and Construction Agreement EXHIBIT E – Base Capacity Transfer Provisions Wastewater Treatment System Use Agreement Page 22 of 22 IN WITNESS WHEREOF, the Council of the City of Contract User by appropriate resolution duly adopted, has caused this Agreement to be executed in its corporate name by its Mayor and City Clerk and its corporate seal affixed hereto; and the Council of the City of St. Cloud by appropriate resolution duly adopted, has caused this Agreement to be executed in its corporate name by its Mayor and City Clerk and its corporate seal affixed hereto, the date and year first written above. CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, MINNESOTA CITY OF SAUK RAPIDS, MINNESOTA _______________________________ _____________________________ Dave Kleis, Mayor Kurt Hunstinger, Mayor ATTEST: ATTEST: _______________________________ _____________________________ Seth Kauffman, City Clerk Dana Furman, City Clerk CORPORATE SEAL FOR CORPORATE SEAL FOR THE CITY OF ST. CLOUD THE CITY OF CONTRACT USER St. Cloud Sewer Interceptor System EXHIBIT A Flow Allocations and Discharge Limitations Page 1 of 3 EXHIBIT A OF THE WASTEWATER TREATMENT SYSTEM USE AGREEMENT WASTEWATER CONVEYANCE SYSTEM INTRODUCTION The St. Cloud Sewer Wastewater Conveyance System (WWCS) is owned and maintained by the City of St. Cloud. The Cities of Waite Park, Sauk Rapids, Sartell, St. Joseph, and Foley discharge wastewater from each city’s service area into the St. Cloud WWCS. Due to their direct connection to the headworks of the NEWRF, EXHIBIT A is not applicable to the City of St. Augusta. PURPOSE The purpose of this EXHIBIT is to define the components of the WWCS and segments of the Sewer Interceptor System (SIS) and outline flow allocations for the WWCS. A revised allocation approach for the WWCS was established and documented in the 2023 Wastewater Conveyance System Allocation Methodology memorandum (Wastewater Conveyance System Allocation Methodology, August 7, 2023, AE2S Nexus). OPERATION, MAINTENANCE and REPAIR The City of St. Cloud owns, operates and maintains the St. Cloud WWCS. Operation and maintenance costs are distributed proportionately by each city’s capacity allocation. The costs are included in the annual rate review as stated in the Wastewater Treatment System Use Agreement. It is understood and agreed by the Contract User that the charges set forth in Article III of the Wastewater Treatment System (WWTS) Use Agreement do not include unanticipated or emergency capital repairs to the WWCS. The City shall, in consultation with SCAWAC, develop a regular monitoring and maintenance schedule for the WWCS. The schedule shall, at minimum, require a periodic rotation of inspections of the interceptors, lift stations, force mains and sewer mains that constitute the WWCS. The City shall be responsible for implementation of the schedule and a copy of the schedule shall be provided to the Contract User. The schedule shall be reviewed by SCAWAC at a minimum of every two (2) years, and changes recommended if appropriate. The parties to this Agreement are responsible for their proportionate share of the costs related to the operating, maintenance and replacement of the WWCS. All costs are distributed proportionately based on the flow capacity allocations as shown in this EXHIBIT. St. Cloud Sewer Interceptor System EXHIBIT A Flow Allocations and Discharge Limitations Page 2 of 3 ST. CLOUD SEWER INTERCEPTOR SYSTEM COMPONENTS METRO INTERCEPTOR  (UPPER METRO and LOWER METRO)  METRO PUMP STATION  METRO FORCEMAINS (30” and 42”) The locations of the Upper and Lower Metro Interceptor, the Metro Pumpstation and the 30” and 42” Forcemains that discharge into the St. Cloud Nutrient, Energy and Water Recovery Facility (NEWRF) located at 525 60th Street South, St. Cloud, MN are illustrated in Figure 1. PAN INTERCEPTOR  (UPPER PAN and LOWER PAN) The locations of the Upper and Lower Pan Interceptor are illustrated in Figure 1. The Pan Interceptor System is divided at the intersection of Cooper Avenue and Division Street, the sewer upstream of this location is designated the Upper Pan Interceptor and the sewer downstream of this intersection is designated the Lower Pan Interceptor. TRI-CITY INTERCEPTOR  TRI-CITY PUMPSTATION  FORCEMAIN (16”) to TRI-CITY INTERCEPTOR  SAUK RIVER CROSSING The locations of the Tri-City Interceptor, the Tri-City Pumpstation, Sauk River Crossing and the 16” Forcemain from the Pumpstation to the Interceptor is illustrated in Figure 1. LINCOLN AVENUE INTERCEPTOR The Lincoln Avenue Interceptor is divided into ten (10) sections as stated in the 1987 Lincoln Avenue Cooperative Construction Agreement and is illustrated in Figure 1. INTERCEPTOR TRUNK SYSTEM COMPONENTS QUEBECOR The location of the Quebecor Trunk Sewer System is illustrated in Figure 1. St. Cloud Sewer Interceptor System EXHIBIT A Flow Allocations and Discharge Limitations Page 3 of 3 38TH AVENUE and 54th AVENUE SEWER TRUNK SYSTEM The location of the 38th Avenue and 54th Avenue Sewer Trunk Systems are illustrated in Figure 1. FLOW ALLOCATIONS All WWCS components will be allocated based on the percentages outlined in the below table. The allocations are based on each Contract City’s Base System Capacity as defined in the WWTS Use Agreement and as outlined in the Wastewater Conveyance System Allocation Methodology Memorandum, August 7, 2023, AE2S Nexus. Community Base System Capacity (MGD) WWCS Allocation % (%) St. Cloud 8.450 52.1% Sartell 2.885 17.8% Sauk Rapids 1.735 10.7% St. Joseph 1.495 9.2% Waite Park 1.205 7.4% Foley 0.453 2.8% Total 16.223 100.00% Lift Station No. 52 (Tri-City) Waite Park Flume Tri-City Int. Pretreatment River side Siphon Vault Lift Station No. 51 (Main)Biofilter #3 Biofilter #2 Biofilter #1 Quebecor Interceptor Flumes(Sauk Rapids, Foley, East St. Cloud, Combined) NEW Recovery Facility Sartell Foley Contrac Cities Entry Points Legend Waite Park St. Jos eph Sauk Rapids Sartell Foley Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community Santiary Interceptor System Overview - 2023 Legend Sanitary Main (s) Inte rce pt or 38th Ave 54th Ave Lincoln Ave Lower P an Metro Northway Quebec or Sauk River X-ing Tri-City Upper P an St. Cloud Boundary6,700 0 6,700 13,400 20,1003,350 Feet H P01008-2023-002 Page 1 of 12 Think Big. Go Beyond . www.ae2s.com SUMMARY MEMORANDUM To: Tracy Hodel, Public Services Director City of St. Cloud, MN From: Shawn Gaddie, PE - Project Manager Nicole Jacobi – Lead Analyst Re: Wastewater Conveyance System Allocation Methodology Date: August 7, 2023 INTRODUCTION The City of St. Cloud (the City) owns and operates the Nutrient, Energy, & Water Recovery Facility (NEWRF) and the Wastewater Conveyance System (WWCS). The NEWRF and WWCS together comprise the St. Cloud Wastewater Treatment System (WWTS). The City and the cities of St. Augusta, St. Joseph, Sartell, Sauk Rapids and Waite Park (Contract Users) had previously entered into Cooperative Construction Agreements and WWTS Use Agreements that establish wastewater treatment charges, flow allocations and discharge limitations for the WWCS and the NEWRF. The City of Foley entered into a WWTS Use Agreement with the City in July 2021. The City updated its WWTS Use Agreement in conjunction with the addition of the City of Foley as a Contract User. Considering the significant amount of time passed from original agreements (with some Cooperative Construction agreements dating back over 30 years ago) and associated allocations, the existing Wastewater Conveyance System (WWCS) allocation approach was reviewed for potential modification. Alternative WWCS allocation approaches were analyzed for equitability, potential simplification, and ease of administration. In addition, consideration of a common approach and consistency across all regional assets (i.e. NEWRF and WWCS) was evaluated. Summary Memorandum Re: Wastewater Conveyance System Allocation Methodology August 7, 2023 P01008-2023-002 Page 2 of 12 Think Big. Go Beyond . www.ae2s.com EXISTING SYSTEM OVERVIEW WWCS Components The cities of Waite Park, Sauk Rapids, Sartell, and St. Joseph discharge from each Cities service area into the St. Cloud WWCS (The WWCS is not applicable to St. Augusta due to their dedicated forcemain connection to the NEWRF). The St. Cloud Sewer Interceptor System (SIS) components of the WWCS are outlined below and presented in Figure 1: • Metro Interceptor o Upper Metro Interceptor o Lower Metro Interceptor o Metro Forcemains • Pan Interceptor o Upper Pan Interceptor o Lower Pan Interceptor • Tri City Interceptor o Tri-City Interceptor o Tri-City Forcemain o Sauk River Crossing • Lincoln Avenue (Sections 1-10) Interceptor • Interceptor Trunk System Components o Quebecor o 38th Avenue o 54th Avenue o Northway Currently, each of the SIS components has varying cost allocation factors, depending upon capacity, users, etc. and are primarily based on the final design peak capacity for each system component/segment. Conversely, the cost allocation for the NEWRF outlined in the WWTS Use Agreement is based upon future average daily flow projections. The Discharge limitations and WWCS flow allocations are provided in the most current Sewer Use Agreements and Cooperative Construction Agreements. Specifically, allocation factors can be found in Exhibit A of the current WWTS Use Agreement. NEWRF Flow Allocations The total NEWRF treatment capacity is 17.9 MGD as a biological phosphorus (Bio-P) removal facility. The total original Pool Capacity constructed in the WWTF expansion project was 1,350,000 gallons per day (1.35 MGD), with a remaining “Base Capacity” of 16.55 MGD. With the addition of Foley by means of a Pool Capacity transfer to Base Capacity, Pool Capacity was Summary Memorandum Re: Wastewater Conveyance System Allocation Methodology August 7, 2023 P01008-2023-002 Page 3 of 12 Think Big. Go Beyond . www.ae2s.com reduced to 0.897 MGD and Base Capacity increased to 17.003 MGD. The breakdown of Base Capacity, Pool Capacity, and Total Capacity by Contract User is provided in Table 1. Figure 1: Existing Regional WWCS Summary Memorandum Re: Wastewater Conveyance System Allocation Methodology August 7, 2023 P01008-2023-002 Page 4 of 12 Think Big. Go Beyond . www.ae2s.com Table 1: Flow Allocations City Base System Capacity (MGD) Pool Capacity Total Capacity St. Cloud 8.450 0.350 8.80 Sartell 2.885 0.097 2.982 Sauk Rapids 1.735 0.225 1.960 St. Joseph 1.495 - 1.495 Waite Park 1.205 0.225 1.430 St. Augusta 0.780 - 0.780 Foley 0.453 - 0.453 Total 17.003 0.897 17.900 The flow allocations provided above provide the basis for allocation of treatment rehabilitation, upgrade, and expansion (RUE) costs. 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) and results in the allocation percentages provided in Table 2 (modified for the addition of the City of Foley). Table 2: Treatment Upgrade, Expansion, and Rehabilitation Cost Allocation City Allocation % St. Cloud 34.47% Sartell 26.06% Sauk Rapids 11.99% St. Joseph 7.65% Waite Park 7.96% St. Augusta 6.26% Foley 5.61% Total 100% Summary Memorandum Re: Wastewater Conveyance System Allocation Methodology August 7, 2023 P01008-2023-002 Page 5 of 12 Think Big. Go Beyond . www.ae2s.com OVERVIEW OF COMMON ALLOCATION APPROACHES Common goals for allocation of cost associated with rehabilitation and replacement of regional collection system assets primarily include: • Ensure allocations use industry accepted methodology. • Confirm that allocations are equitable and reflective of cost of service. • Verify that allocations reflect the policies and objectives of system participants. Outlined below is a summary of the common approaches further evaluated for allocation of the City of St. Cloud WWCS asset costs. 1. Postage Stamp: Equitably allocates (i.e. flow based) the entire regional system across all customers, regardless of the location of the customer discharge point to the system (i.e. postage stamp perspective). This approach has the least information needs and is the easiest to administer with a goal of balancing total benefit of regional system use and cost over time. Results in common allocation factors across all assets. 2. Sub-Regional Segregation: System is divided based on technical cost of service variables (i.e. facilities used, inch-dia-mi of interceptor maintained by system branch, etc.) then allocated to applicable users based on flow. This approach drives toward more accurate consideration of system usage benefit and cost by location, while simplifying the information needs and administrative demands long-term. Results in common aggregated allocation factors derived from a detailed evaluation of sub-system asset usage. 3. Specific Allocation: Allocation is based on specific facilities used, specific capacity of each facility, and contributed average and/or peak flows of each user at each location/component. This approach is the most detailed and may be perceived as the most accurate, but also requires the most information and has the greatest administrative demand to maintain accuracy over time. Results in multiple unique allocation factors for all sub-system assets. The methodology and results for calculation of allocation factors under each of these alternative approaches is presented in the following sections. POSTAGE STAMP As discussed above, under the Postage Stamp approach, the entire regional system is allocated across all customers, regardless of the location of the customer discharge point to the system. Therefore, the Postage Stamp allocation factors are consistent across all system components/assets. Multiple potential approaches to establishing the basis for these allocation Summary Memorandum Re: Wastewater Conveyance System Allocation Methodology August 7, 2023 P01008-2023-002 Page 6 of 12 Think Big. Go Beyond . www.ae2s.com factors were discussed with the City throughout the analysis, however, in an effort to maintain consistency with treatment system allocation factors, each applicable Contract Users Base System Capacity (as shown in Table 1 and as included to the WWTS Use Agreement) was used as the basis for Postage Stamp allocation. Resulting Postage Stamp allocation factors are presented in Table 3. Table 3: Postage Stamp Approach City Base System Capacity (MGD) Allocation Percent St. Cloud 8.450 52.1% Sartell 2.885 17.8% Sauk Rapids 1.735 10.7% St. Joseph 1.495 9.2% Waite Park 1.205 7.4% Foley 0.453 2.8% Total 16.223 100% SUB-REGIONAL SEGREGATION The Sub-Regional Segregation approach calculates total share of each WWCS sub-system for each Contract User by establishing estimated total inch-diameter-miles of pipe used by each Contract User and then allocating the proportional share of each pipeline based on pipe diameter and allocated flows. The steps of this process include: 1. Establish contributing Contract Users for each pipe segment. 2. Establish size/capacity based on end-of-pipe area for each pipeline segment. 3. Distribute size/capacity of each pipeline segment to each Contract user based on proportional share of contributed flows (per base capacity values within the WWTS Use Agreement). 4. Calculate the total inch-diameter-miles of each pipeline segment. a. Inch-Dia-Miles = Length of Pipeline in Miles x Diameter of Pipeline 5. Calculate the proportional share of inch-dia-miles for each pipeline segment attributable to each Contract City based on proportional share of distributed flows from step 3. Summary Memorandum Re: Wastewater Conveyance System Allocation Methodology August 7, 2023 P01008-2023-002 Page 7 of 12 Think Big. Go Beyond . www.ae2s.com 6. Sum the proportional share of inch-dia-miles for all pipeline segments for each Contract City. 7. Establish allocation factors for the WWCS for each Contract City by dividing results of step 6 by the sum of inch-dia-miles for the entire regional WWCS. The results of step 7 establish common aggregated allocation factors derived from sub-system asset usage for all Contract Cities. The distributed flow in million gallons per day (MGD) and resulting percentage share of flow are shown in Table 4 and Table 5, respectively. Each Contract Cities proportional share of inch-dia-miles for each pipeline segment is shown in Table 6, with the aggregated allocation factors shown at the bottom of Table 6. Table 4: Allocated WWCS Flow (MGD) Segment St. Cloud Sartell Sauk Rapids St. Joseph Waite Park Foley Upper Metro 5.07 - 1.74 - - 0.45 Lower Metro 8.45 2.89 1.74 1.50 1.21 0.45 Metro FM 8.45 2.89 1.74 1.50 1.21 0.45 Upper Pan 1.99 2.89 - - 0.74 - Lower Pan 3.38 2.89 - 1.50 1.21 - Tri-City Interceptor 1.39 - - 1.50 0.50 - Tri-City FM 1.39 - - 1.50 0.50 - Sauk River Crossing 0.23 - - 1.50 - - Lincoln Avenue 5.07 - 1.74 - - 0.45 Quebecor 1.00 - 1.45 - - 0.45 38th Ave 0.34 - - - 0.29 - 54th Ave 0.49 - - - 0.42 - Northway 1.17 2.89 - - - - Summary Memorandum Re: Wastewater Conveyance System Allocation Methodology August 7, 2023 P01008-2023-002 Page 8 of 12 Think Big. Go Beyond . www.ae2s.com Table 5: Allocated WWCS Percent of Flow Segment Inch-Dia- Mi St. Cloud Sartell Sauk Rapids St. Joseph Waite Park Foley Upper Metro 50.69 69.9% - 23.9% - - 6.2% Lower Metro 108.02 52.1% 17.8% 10.7% 9.2% 7.4% 2.8% Metro FM 240.09 52.1% 17.8% 10.7% 9.2% 7.4% 2.8% Upper Pan 116.19 35.6% 51.7% - - 12.7% - Lower Pan 116.19 37.7% 32.2% - 16.7% 13.4% - Tri-City Interceptor 8.36 41.1% - - 44.3% 14.7% - Tri-City FM 8.66 41.1% - - 44.3% 14.7% - Sauk River Crossing 125.06 13.3% - - 86.7% - - Lincoln Avenue 103.43 69.9% - 23.9% - - 6.2% Quebecor 31.19 34.4% - 50.0% - - 15.6% 38th Ave 8.36 53.7% - - - 46.3% - 54th Ave 9.84 53.7% - - - 46.3% - Northway 0.05 28.8% 71.2% - - - - Summary Memorandum Re: Wastewater Conveyance System Allocation Methodology August 7, 2023 P01008-2023-002 Page 9 of 12 Think Big. Go Beyond . www.ae2s.com Table 6: Distributed Inch-Dia-Mi and Weighted Share of System Segment Inch-Dia- Mi St. Cloud Sartell Sauk Rapids St. Joseph Waite Park Foley Upper Metro 50.69 35.4 - 12.1 - - 3.2 Lower Metro 108.02 56.3 19.2 11.6 10.0 8.0 3.0 Metro FM 240.09 125.1 42.7 25.7 22.1 17.8 6.7 Upper Pan 116.19 41.4 60.0 - - 14.8 - Lower Pan 116.19 43.8 37.4 - 19.4 15.6 - Tri-City Interceptor 8.36 3.4 - - 3.7 1.2 - Tri-City FM 8.66 3.6 - - 3.8 1.3 - Sauk River Crossing 125.06 16.6 - - 108.5 - - Lincoln Avenue 103.43 72.3 - 24.7 - - 6.5 Quebecor 31.19 10.7 - 15.6 - - 4.9 38th Ave 8.36 4.5 - - - 3.9 - 54th Ave 9.84 5.3 - - - 4.6 - Northway 0.05 - - - - Total In-Dia-Mi 942.4 429.6 159.4 93.5 167.5 67.2 25.2 Allocation % 45.59% 16.91% 9.93% 17.77% 7.13% 2.68% REVISED SPECIFIC ALLOCATION The Specific Allocation approach is consistent with St. Cloud’s current approach, and therefore is termed “Revised Specific Allocation” for the purpose of this memo. The Revised Specific Allocation approach develops allocation factors based on specific facilities/pipe segments used, specific capacity of each facility/pipe segment, and contributed average and/or peak flows of Summary Memorandum Re: Wastewater Conveyance System Allocation Methodology August 7, 2023 P01008-2023-002 Page 10 of 12 Think Big. Go Beyond . www.ae2s.com each user at each location/component. This results in a unique set of allocation factors for each system component. Similar to the Sub-Regional Segregation approach, estimated flow for each pipe segment was distributed amongst Contract Users considering contributed users of each segment and each Contract User’s Base System Capacity (Total Capacity less Pool Capacity). Table 4 above presents the distributed flow in MGD (same as Sub-Regional Segregation), with the percent of flow and ultimate allocation factor for each pipe segment restated in Table 7 below. Table 7: Allocated WWCS Percent of Flow and Revised Specific Allocation Factors Segment St. Cloud Sartell Sauk Rapids St. Joseph Waite Park Foley Upper Metro 69.9% - 23.9% - - 6.2% Lower Metro 52.1% 17.8% 10.7% 9.2% 7.4% 2.8% Metro FM 52.1% 17.8% 10.7% 9.2% 7.4% 2.8% Upper Pan 35.6% 51.7% - - 12.7% - Lower Pan 37.7% 32.2% - 16.7% 13.4% - Tri-City Interceptor 41.1% - - 44.3% 14.7% - Tri-City FM 41.1% - - 44.3% 14.7% - Sauk River Crossing 13.3% - - 86.7% - - Lincoln Avenue 69.9% - 23.9% - - 6.2% Quebecor 34.4% - 50.0% - - 15.6% 38th Ave 53.7% - - - 46.3% - 54th Ave 53.7% - - - 46.3% - Northway 28.8% 71.2% - - - - Summary Memorandum Re: Wastewater Conveyance System Allocation Methodology August 7, 2023 P01008-2023-002 Page 11 of 12 Think Big. Go Beyond . www.ae2s.com CONTRACT CITIES OUTREACH, FEEDBACK, AND PREFERRED ALTERNATIVE Each of the outlined approaches is considered consistent with industry best practice. When selecting a preferred alternative, prioritization of goals and objectives for migrating to an alternative approach should be considered, including: • Equitability • Consistency • Simplification • Ease of administration • Balance of benefit over time The outlined approaches (Postage Stamp, Sub-Regional Segregation, and Revised Specific Allocation) were discussed in detail during a review meeting with participating Contract Cities. The information presented in this meeting is attached to this memo as Exhibit 1. Based on the information provided in that meeting and select additional follow-up communications, feedback was solicitated from each Contract City regarding its preferred alternative allocation approach. Based on feedback received from each Contract City, the consensus was to proceed with the Postage Stamp approach. The primary reasons for selecting this approach it the benefits offered as follows: - Minimizes information needs relative to current and other alternative approaches. - Provides the least complicated administration of process. - Expected to achieve the goal of balancing total benefit of regional system use and cost over time, while still being recognized as an industry accepted methodology. - Determined to be equitable and reflective of cost of service. The final recommended Postage Stamp WWCS allocation factors are presented in Table 8. Summary Memorandum Re: Wastewater Conveyance System Allocation Methodology August 7, 2023 P01008-2023-002 Page 12 of 12 Think Big. Go Beyond . www.ae2s.com Table 8: Preferred Alternative WWCS Allocation Factors – Postage Stamp City Base System Capacity (MGD) Allocation Percent St. Cloud 8.450 52.1% Sartell 2.885 17.8% Sauk Rapids 1.735 10.7% St. Joseph 1.495 9.2% Waite Park 1.205 7.4% Foley 0.453 2.8% Total 16.223 100% Sampling Frequency Parameters to be Analyzed Reporting Daily Flow (at all discharge points)Monthly (by 15th day of following month) Twice Monthly1 cBOD5 - Carbonaceous Biochemical Oxygen Demand Monthly TSS - Total Suspended Solids (by 15th day of following month) pH - (grab sample) TP - Total Phosphorus O&G - Oil & Grease (grab sample or composite sample)2 Sulfide - total sulfide Bi-Annually Flowmeter Verification/Calibration Bi-Annually Bi-Annually Mercury (Total & Dissolved)3 Bi-Annually 1. Samples shall be collected on two non-consecutive 24 hour days on two non-consecutive weeks each month. The City may require one sample per quarter be collected from a period consisting primarily of a Saturday or Sunday. 2. Composite and Grab samples shall be collected in the manner defined by the latest edition of Standard Methods. 3. Mercury samples shall be collected in two separate quarters. Flow Monitoring, Sampling and Testing Schedule EXHIBIT B OF THE WASTEWATER TREATMENT SYSTEM USE AGREEMENT Monthly EXHIBIT E OF THE WASTEWATER TREATMENT SYSTEM USE AGREEMENT BASE CAPACITY TRANSFER PROVISONS When Pool Capacity, as outlined in Exhibit C, is unavailable from another Contract User, a Contract User in need of additional capacity may make application to purchase Base Capacity from a Contract User with excess Base Capacity as determined from the most recently adopted WWTS flow projections (see WWTS Flow Projections, March 25, 2022, AE2S, Inc. included as Attachment A). Value of Base Capacity: The cost/value of Base Capacity (“Base Capacity Value”) 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 Project Partners will be valued as a cost per MGD to be considered in addition to the RUE. The value of the Base Capacity shall be formally set by the Review Committee following receipt of bids and construction of each applicable treatment facility project. The value per MGD for each applicable project thusly set by the Review Committee shall be known as the “Initial Base Capacity Value”. The Initial Base Capacity Value for the WWTF RUE had been determined as follows (in 2010 dollars): Project Partner RUE Initial Base Capacity Value per MGD St. Cloud $1,554,667 Sartell $3,756,593 Sauk Rapids $2,311,629 St. Augusta $3,497,625 St. Joseph $2,231,067 Waite Park $1,872,903 Foley $5,403,157 The Base Capacity Value will be adjusted on January 15th of each year by application of the formula below. The adjustment formula shall be applied separately to each Initial Base Capacity Value for each applicable project. Adjusted Base Capacity Value = Initial Base Capacity 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. Adjusted Base Capacity Value = Initial Base Capacity 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 Purchase Base Capacity: When Pool Capacity is unavailable from another Contract User, a Contract User in need of additional capacity may, under any of the following circumstances, make application to purchase Base Capacity from a Contract User with excess Base Capacity as determined from the most recently adopted WWTS flow projections: 1. Realized 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 the Contract User’s allocated capacity. 2. Projected Ordinary Growth: In the event that flow projections are adopted by the City and Contract Users that indicate a Contract User is expected to exceed current available Base or Pool Capacity for the planning period of the flow projections. 3. 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. 4. Pending Commercial or Industrial Development - In the event that a Contract User 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 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 Base 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, Base 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. Base Capacity for each Contract User choosing to sell will be reduced by the amount of each Contract User’s respective sale amount 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 Base Capacity 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 excess Base Capacity. Submission of Applications: 1. Applications to purchase Base Capacity 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. Base Capacity requests shall be rounded to the nearest thousand. Multiple Base Capacity 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 Base Capacity will not be accepted unless Pool Capacity is unavailable from other Contract Users and a determination of excess Base Capacity has been made by the review committee. Consideration of Applications: 1. The Director shall, within 30 days of receipt, convene a meeting of the Review Committee to consider applications for Base Capacity. This will include a review of available Base Capacity, 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 is consistent with the terms of this Agreement, then the Review Committee shall approve the Application subject to the payment of the amount indicated in the “Payment” section below. 3. If an Application is approved, Base Capacity will ordinarily be allocated in units rounded to the nearest thousand. If the Review Committee approves only a portion of such request, it shall be in units rounded to the nearest thousand and accompanied by a written statement stating the reasons for such action. 4. 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 Base Capacity Payment, Debt Service Redistribution, and Reimbursement Methodology An applicant shall be required to make payment for Base Capacity 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 Adjusted Base Capacity 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 Base Capacity 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 Base Capacity, 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 B. 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 capacity being sold in million gallons per day (MGD) multiplied by the Adjusted Base Capacity Value per MGD for selling Contract User, defined herein. If there are multiple selling Contract Users, a Weighted Adjusted Base Capacity Value per MGD will be calculated. 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 Base Capacity 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 to Exhibit C of the WWTS Use Agreement. 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 Base Capacity 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 Selling User’s Adjusted Base Capacity Value multiplied by capacity sold in MGD. 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 capacity in MGD sold, excluding capacity accounted for in Step 1. In the event a selling Contract User had any portion of their prior Base Capacity allocation paid for by outside grant funds, an additional calculation shall be performed to determine adjustments to reimbursements for the selling Contract User. The calculation shall also determine the distribution of the benefit of prior grant funds to the City and all other Contract Users from the proceeds of a Base Capacity Sale from a purchasing Contract User. 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 If payment is not received within the time specified, the Review Committee’s action to allocate Base Capacity to the applicant 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. Page 1 of 10 Think Big. Go Beyond . www.ae2s.com TECHNICAL MEMORANDUM To: Tracy Hodel - Public Services Director City of St. Cloud, MN From: Scott Schaefer, P.E. Shawn Gaddie, P.E. AE2S Re: Flow Projections Date: March 25, 2022 INTRODUCTION The City of St. Cloud (the City) owns and operates the Nutrient, Energy, & Water Recovery Facility (NEWRF) and the Wastewater Conveyance System (WWCS). The NEWRF and WWCS together comprise the St. Cloud Wastewater Treatment System (WWTS). The City and the cities of St. Augusta, St. Joseph, Sartell, Sauk Rapids and Waite Park had previously entered into Cooperative Construction Agreements and WWTS Use Agreements that establish wastewater treatment charges, flow allocations and discharge limitations for the WWCS and the NEWRF. The City of Foley entered into a WWTS Use Agreement with the City in July 2021. The City is updating its WWTS Use Agreement in conjunction with the addition of the City of Foley as a Contract User. The purpose of this memo is to re-establish flow projections and capacity allocations for all Contract Users to be incorporated into the revised WWTS Use Agreement. In addition, the City is in the process of developing Facilities Plans for Metro Force Main Improvements as well as its Wastewater Energy and Equipment Improvements Project. The City requested from the Contract Users projections of future peak hourly flow projections in consideration of average daily flow projections provided herein for inclusion to these Facilities Plans. AVERAGE DAILY FLOW PROJECTIONS Average daily flow projections are being established to determine future capacity utilization of the WWTS, for the City, collectively and for all Contract Users individually. The process and methodology for establishing revised average daily flow projections consisted of: 1. Establishing population forecasts based on historical population growth rates; Technical Memorandum Re: Flow Projections March 25, 2022 (DRAFT) Page 2 of 10 Think Big. Go Beyond . www.ae2s.com 2. Calculating historical gallons per capita per day (GPCD); 3. Developing flow projections based on application of GPCD estimates to population forecasts. The existing permitted capacity of the St. Cloud NEWRF is 17.9 MGD. The Minnesota Pollution Control Agency (MPCA) permits facilities based upon Average Wet Weather Flow (maximum month flow). Existing capacity allocations for each Contract User are presented in Table 1. These allocations reflect capacity allocations after sale of Pool Capacity to the City of Foley. “Pool Capacity” in the context of the Contract User agreements is reserve capacity that has not yet been “purchased” by a Contract User. The methodology and results for establishing revised average daily flow projections is presented herein. Table 1: Existing Capacity Allocations Contract User Current Base Allocated Capacity Pool Capacity Total Capacity St. Cloud 8.45 0.35 8.80 Sartell 2.89 0.10 2.98 Sauk Rapids 1.74 0.23 1.96 St. Joseph 1.50 0.00 1.50 Waite Park 1.21 0.23 1.43 St. Augusta 0.78 0.00 0.78 Foley 0.45 0.00 0.45 Total 17.00 0.90 17.90 Population Forecasts Historical Population Growth Historical population and population growth was used as a metric for projecting future population growth. Four historical population growth rates were reviewed, including: 1. 30-Year Growth Rate (1990-2020) 2. 20-Year Growth Rate (2000-2020) 3. 15-Year Growth Rate (2005-2020) 4. St. Cloud Area Planning Organization (APO) Forecasti i St. Cloud Area Planning Organization (APO), St. Cloud APO Regional Transportation Planning Assistance Element 2 -Population Forecast, 2017 Technical Memorandum Re: Flow Projections March 25, 2022 (DRAFT) Page 3 of 10 Think Big. Go Beyond . www.ae2s.com U.S. Census populations were used for 1990, 2000, and 2020 population. Annual estimate data from the U.S. Census Bureau was used for 2005 population estimatesii. Historical Populations are presented in Table 2 with population growth rates for the four scenarios above presented in Table 3. The APO Forecast growth rate is based on the growth rate from the 2020 Census to the 2045 APO projected population for each Contract User. Table 2: Historical Population Contract User Census 1990 Census 2000 Estimated 2005 Census 2010 Census 2020 St. Cloud 48,812 59,108 63,237 65,842 68,881 Sartell 5,393 9,641 13,017 15,876 19,351 Sauk Rapids 7,825 10,213 11,903 12,773 13,862 St. Joseph 3,294 4,681 5,741 6,534 7,029 Waite Park 4,020 6,568 6,644 6,715 8,341 St. Augusta 2,657 3,065 3,011 3,317 3,983 Foley 1,854 2,154 2,451 2,603 2,693 Total 74,855 95,430 106,044 113,660 124,140 Table 3: Population Growth Rates Contract User 30-Year Growth Rate (1990-2020) 20-Year Growth Rate (2000-2020) 15-Year Growth Rate (2005-2020) APO Growth Rate Forecast St. Cloud 1.2% 0.8% 0.6% 0.4% Sartell 4.4% 3.5% 2.7% 1.7% Sauk Rapids 1.9% 1.5% 1.0% 0.4% St. Joseph 2.6% 2.1% 1.4% 0.2% Waite Park 1.7% 1.2% 1.5% 1.1% St. Augusta 1.4% 1.3% 1.9% 1.0% Foley 1.3% 1.1% 0.6% NA Selected Population Growth Scenario Each of the historical growth rates were reviewed with Contract Users and, based on feedback received, varying growth rates were individually selected and ultimately used as the basis for population and flow projections. The selected growth rate scenario for each Contract User is presented in Table 4. The resulting population projections through 2050 for each Contract User are presented in Table 5. ii U.S. Census Bureau, Population Division, Annual Estimates of the Resident Population for Incorporated Places in Minnesota Technical Memorandum Re: Flow Projections March 25, 2022 (DRAFT) Page 4 of 10 Think Big. Go Beyond . www.ae2s.com It should be noted that the City of St. Augusta’s total population is not currently serviced by the City of St. Cloud WWTS, with some households still on private well and septic systems. St. Augusta provided an estimate of 470 connected households out of 1,260 total households. With approximately 37% of households connected, a 2020 service population of 1,486 was estimated as compared to the total 2020 Census population of 3,983. Therefore, in addition to overall population growth, assumptions were developed regarding additional service connections within the existing population. It was assumed that 50% of the remaining 790 households still on private well or septic systems would be connected by 2050. This would equate to 865 connected households out of 1,260 households by 2050. This growth was combined with overall population growth to establish the total service population growth rate for the City of St. Augusta. Table 4: Selected Growth Rate Scenario Contract User Selected Scenario Annual Growth Rate St. Cloud 20-Year Growth Rate 0.8% Sartell 15-Year Growth Rate 2.7% Sauk Rapids Consume Base Capacity by 2050 (~20-year Growth Rate) 1.4% St. Joseph Between APO and 20-Year Growth Rate (~15-Year Growth Rate) 1.3% Waite Park APO Growth Rate 1.1% St. Augusta Service Population Considerations + 20 Year Growth Rate 3.9% Foley 20-Year Growth Rate 1.1% Technical Memorandum Re: Flow Projections March 25, 2022 (DRAFT) Page 5 of 10 Think Big. Go Beyond . www.ae2s.com Table 5: Population Forecast – 2020 to 2050 Contract User Census 2020 2025 2030 2035 2040 2045 2050 St. Cloud 68,881 71,681 74,594 77,626 80,781 84,605 87,481 Sartell 19,351 22,108 25,259 28,848 32,969 37,667 43,034 Sauk Rapids 13,862 14,844 15,896 17,023 18,229 19,520 20,904 St. Joseph 7,029 7,498 7,998 8,532 9,101 9,708 10,356 Waite Park 8,341 8,810 9,305 9,828 10,381 10,965 11,581 St. Augusta* 1,486 1,910 2,370 2,867 3,405 3,988 4,619 Foley 2,693 2,844 3,004 3,173 3,352 3,540 3,739 Total 121,643 129,696 138,426 147,907 158,218 169,453 181,715 *St. Augusta adjusted to estimated service population Flow per Capita Historical 2018 to 2020 Average Daily Flows combined with 2018 to 2020 population estimates were used to calculate gallons per capita per day (GPCD) for St. Cloud, Sartell, Sauk Rapids, St. Joseph and Waite Park. The average of these values was used for future flow projections. St. Augusta’s calculated GPCD is based on 2020 average daily flows over an estimated 2020 service population of 1,486. Foley’s GPCD was calculated based on a provided average daily flow of 242,000 gallons per day over 2020 Census population of 2,693. Table 6: Gallons per Capita per Day (GPCD) Contract User 2018 GPCD 2019 GPCD 2020 GPCD Average GPCD St. Cloud 94 106 95 98 Sartell 70 80 70 73 Sauk Rapids 79 87 83 83 St. Joseph 52 51 49 51 Waite Park 97 105 94 99 St. Augusta NA NA 54 54 Foley NA NA 91 91 Technical Memorandum Re: Flow Projections March 25, 2022 (DRAFT) Page 6 of 10 Think Big. Go Beyond . www.ae2s.com Flow Projections Projected GPCD for each Contract City was applied to the population forecasts in Table 5 to determine flow projections through 2050. The resulting Average Daily Flow Projections for each Contract User are presented in Table 7. Table 7: Average Daily Flow Projections (MGD) Contract User 2020 2025 2030 2035 2040 2045 2050 St. Cloud 6.54 7.02 7.31 7.61 7.92 8.24 8.57 Sartell 1.35 1.61 1.84 2.11 2.41 2.75 3.14 Sauk Rapids 1.16 1.23 1.32 1.41 1.51 1.62 1.74 St. Joseph 0.34 0.38 0.41 0.44 0.46 0.50 0.53 Waite Park 0.78 0.87 0.92 0.97 1.03 1.09 1.15 St. Augusta 0.08 0.10 0.13 0.16 0.19 0.22 0.25 Foley 0.24 0.26 0.27 0.29 0.31 0.32 0.34 Total 10.50 11.49 12.21 12.98 13.82 14.73 15.72 Summary The total projected 2050 average daily flow for all contract users of 15.72 MGD is still under the total WWTS capacity of 17.90 MGD. Projected 2050 flows for each Contract User as compared to current capacity allocation are presented in Table 8. In summary: • St. Cloud: Projected to reach current base capacity between 2045 and 2050, surpassing it by 2050. Total flow still under Total Capacity (with Pool Capacity) by 2050. • Sartell: Projected to reach current base capacity and Total Capacity between 2045 and 2050, surpassing Total Capacity by 2050. • Sauk Rapids: Projected to reach current base capacity by 2050. Total projected flow still under Total Capacity (with Pool Capacity) in 2050. • St. Joseph: Existing Capacity expected to be sufficient through 2050. • Waite Park: Existing capacity expected to be sufficient through 2050. • St. Augusta: Existing capacity expected to be sufficient through 2050. • Foley: Existing capacity expected to be sufficient through 2050. Technical Memorandum Re: Flow Projections March 25, 2022 (DRAFT) Page 7 of 10 Think Big. Go Beyond . www.ae2s.com Table 8: 2050 Average Day Flow Projections versus Current Capacity (MGD) Contract User 2050 Current Base Capacity Pool Capacity Total Capacity St. Cloud 8.57 8.45 0.35 8.80 Sartell 3.14 2.89 0.10 2.98 Sauk Rapids 1.74 1.74 0.23 1.96 St. Joseph 0.53 1.50 0.00 1.50 Waite Park 1.15 1.21 0.23 1.43 St. Augusta* 0.25 0.78 0.00 0.78 Foley 0.34 0.45 0.00 0.45 Total 15.72 17.00 0.90 17.90 PEAK HOURLY FLOW PROJECTIONS The City is in the process of developing Facilities Plans for Metro Force Main Improvements as well as its Wastewater Energy and Equipment Improvements Project. The City requested projections of future peak hourly flow projections in consideration of the 2050 average daily flow projections provided herein for inclusion to these Facilities Plans. A series of data sources were reviewed and analyzed to ultimately develop Peak Hourly flow projections. Data included: • Historical peak flow events • SCADA output from three historical storm events • NOAA radar-derived data • Diurnal patterns and flow rates from draft Metro Force Main(s) Evaluation Memo by Apex Engineering Group, Inc.iii iii Apex Engineering Group, Metro Forcemain(s) Evaluation, 2021 Technical Memorandum Re: Flow Projections March 25, 2022 (DRAFT) Page 8 of 10 Think Big. Go Beyond . www.ae2s.com • 2050 average day flow outlined herein The analysis included a review of historical high flow events and determination of resulting infiltration and inflow (I/I), development of Peak Hourly flow scenarios in consideration of multiple variables, including Base I/I, Future Average Day Flow, Diurnal Flow Factor, and I/I growth to ultimately develop a reasonable estimate of future peak hourly flow. High Flow Storms City of St. Cloud staff provided SCADA data from three peak instantaneous flow events, which are summarized in Table 9. SCADA data was used to determine time of peak flows relative to diurnal flow patterns. The rainfall depths and recurrence intervals along with snapshots of the NOAA radar-derived data showing storm total precipitation for these three storms was also reviewed. The 2016 storm was determined to be the most severe out of the three storms reviewed, which had a recurrence interval in the 25-50-year range for that duration (about 2 days). The 2015 storm was about a 5-10-year storm, and the 2019 storm was relatively mild (1-2-year storm). Based on a review of storm depth and timing of peak flow relative to diurnal system peaking, the 2016 storm was determined to generate the maximum I/I out of the historical storm events reviewed. The 2016 storm was selected as a basis for future peak hourly flow projections. For this storm, an approximation of actual peak flow needed to be made due to SCADA data showing flow surges caused by a defective control panel. The timing of the issue was a coincidence to the significant weather event. Figure 1 shows the flow surges as well as an approximation of more typical peak flow patterns during the significant weather event (shown as red, yellow and green curves on Figure 1). The green curve on Figure 1, with a peak hourly flow for this event of 22 MGD, was selected based on discussions with staff and review of other historical peak flow patterns. Using this curve, I/I was estimated at 18.4 MGD for this event. Note that the peak hourly flow experienced during the July 11, 2016 event was lower due to the peak occurring at a low point in the diurnal flow pattern. Table 9: Historical Peak Flow Events Date Event Type Peak Flow 7/12/2015 Rain – 1.7 inches 20 MGD 7/11/2016 Rain – 5.3 inches 28 MGD (Corrected to 22 MGD) 6/27/2019 Rain – 2.0inches 23 MGD Technical Memorandum Re: Flow Projections March 25, 2022 (DRAFT) Page 9 of 10 Think Big. Go Beyond . www.ae2s.com Figure 6 July 11, 2016 Storm Event Peak Hourly Flow Scenarios Multiple scenarios were constructed and reviewed with City staff to determine probability and risk of each scenario and to ultimately develop a reasonable estimate of future peak hourly flow. Variables are outlined below and included in Table 10. • I/I Growth: Estimate of future I/I mitigation potential combined with potential increase in I/I as collection system expands to accommodate growth into the future. Analysis considered growth rates ranging from zero percent to projected annual growth in average daily flow (1.3%). • Diurnal Flow Factor: Diurnal flow factors were used to approximate risk of peak I/I simultaneously occurring on top of the diurnal peaks. Based on data reviewed in Apex Engineering Group Metro Force Main Evaluation Memo, a peak dry weather diurnal flow factor over average day flow of 1.6 was used as the maximum. A factor of 1.0 was used on the low end, with 1.3 used as a mid-point diurnal flow factor. • Future Average Day Flow: As discussed herein and shown in Table 7, 2050 average daily flow under the selected scenario is projected at 15.72 MGD. Peak hourly flow was also analyzed under average daily flow at the low end of projections (average daily flow of 13.46 MGD under APO scenario) and the high end of projections (average daily flow of 19.53 MGD under 30-year growth scenario). • Base I/I Flow: All scenarios included the current base I/I of 18.4 MGD as discussed above The variables in Table 10 were analyzed in several combinations to develop a range of potential peak hourly flow outputs. Based on review of peak flow outputs with staff in conjunction with consideration for current known peaks, I/I reduction potential from future mitigation efforts, and Technical Memorandum Re: Flow Projections March 25, 2022 (DRAFT) Page 10 of 10 Think Big. Go Beyond . www.ae2s.com determination for likelihood of coincidental I/I diurnal peaking, the scenario outlined in Table 11 was selected as the recommended future peak hourly flow planning value, resulting in an estimated peak hourly flow of 39 MGD. As shown in Figure 2, the scenarios analyzed resulted in peak hourly flow outputs ranging from 32 MGD on the low end to 60 MGD on the high end, with a current peak hourly flow of 22 MGD. Table 10: Peak Hourly Flow Scenario Variables Resultant Peak Hourly Flow Projection Low Medium High I/I Growth None (0%) Half of Average Flow Growth (0.7%) Average Flow Growth (1.3%) Diurnal Flow Factor 1.0 1.3 1.6 Future Average Day Flow APO (13.34 MGD) Selected Scenario (15.59 MGD) 30-Year (19.58 MGD) Base I/I Flow 18.4 MGD Table 11: Selected Peak Hourly Flow Scenario Resultant Peak Hourly Flow Projection 39 MGD I/I Growth Half of Average Flow Growth (0.7%) Diurnal Flow Factor 1.0 Future Average Day Flow Hybrid (15.59 MGD) Base I/I Flow 18.4 MGD Figure 2 Peak Hourly Flow Scenario Range ATTACHMENT B to EXHIBIT E BASE CAPACITY TRANSFER, DEBT SERVICE REDISTRIBUTION, AND REIMBURSEMENT METHODOLOGY Inputs BASE CAPACITY TRANSFER DETAILS Sale Overview Purchasing User - "New" or Existing Contract User Name St. Cloud Purchase Amount - MGD 0.120 Purchase Date - Month and Year December 2023 Sale Distribution Existing Base Capacity Available Sale - MGD Sale Distribution St. Cloud 8.450 0.000 0% Sartell 2.885 0.000 0% Sauk Rapids 1.735 0.000 0% St. Augusta* 0.780 0.042 35% St. Joseph 1.495 0.078 65% Waite Park 1.205 0.000 0% Foley 0.453 0.000 0% Total 17.00 0.120 100% Sale Value ENR CCI - Project Cost Year 10,086.5 13,127.9 ENR CCI- Sale Month and Year 14,408.0 14,408.0 Percent Increase 43% 10% RUE NR2 Project Cost Year 2010 2018 Value per MGD- Project Cost Year St. Cloud 1,554,667$ 631,904$ Sartell 3,756,593$ 1,526,891$ Sauk Rapids 2,311,629$ 939,576$ St. Augusta* 3,497,625$ 1,421,632$ St. Joseph 2,231,067$ 906,832$ Waite Park 1,872,903$ 761,253$ Foley 5,403,017$ 2,196,091$ Value per MGD- Sale Year St. Cloud 2,220,759$ 693,519$ Sartell 5,366,094$ 1,675,773$ Sauk Rapids 3,302,039$ 1,031,191$ St. Augusta* 4,996,172$ 1,560,251$ St. Joseph 3,186,961$ 995,254$ Waite Park 2,675,342$ 835,481$ Foley 7,717,922$ 2,410,224$ Selling Users Value per MGD - Project Cost Year St. Cloud -$ -$ Sartell -$ -$ Sauk Rapids -$ -$ St. Augusta* 3,497,625$ 1,421,632$ St. Joseph 2,231,067$ 906,832$ Waite Park -$ -$ Foley Weighted Value per MGD - Project Cost Year 2,674,362$ 1,087,012$ Weighted Value per MGD - Sale Year 3,820,184$ 1,193,003$ UPFRONT PAYMENT CALCULATION FOR PURCHASING CONTRACT USER Step 1: Determine Value of Sale Value of Sale will be equal to approved capacity sale in MGD units being sold multiplied by the value per MGD. RUE NR2 Purchase Amount - MGD 0.120 0.120 Weighted Value per MGD - Project Cost Year 2,674,362$ 1,087,012$ Value of Sale - Project Cost Year 320,923$ 130,441$ Weighted Value per MGD - Sale Year 3,820,184 1,193,003 Value of Sale - Sale Year 458,422$ 143,160$ ATTACHMENT B to EXHIBIT E BASE CAPACITY TRANSFER, DEBT SERVICE REDISTRIBUTION, AND REIMBURSEMENT METHODOLOGY Inputs Step 2: Recalculate Debt Service Allocation Percentages RUE Debt Service Allocation Contract User Existing Allocation % Revised Allocation % St. Cloud 37.26% 37.69% Sartell 28.17% 28.17% Sauk Rapids 12.96% 12.96% St. Augusta 0.00% 0.00% St. Joseph 8.27% 7.84% Waite Park 8.61% 8.61% Foley 4.73% 4.73% Total 100.00% 100.00% NR2 Debt Allocation Contract User Existing Allocation % Revised Allocation % St. Cloud 34.47% 35.20% Sartell 26.06% 26.06% Sauk Rapids 11.99% 11.99% St. Augusta 6.26% 5.92% St. Joseph 7.65% 7.25% Waite Park 7.96% 7.96% Foley 5.61% 5.61% Total 100.00% 100.00% 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. RUE NR2 Purchasing Contract User - Existing Debt Allocation Percent 37.26% 34.47% Purchasing Contract User - New Debt Allocation Percent 37.69% 35.20% Purchasing Contract User - Change in Debt Allocation Percent 0.43% 0.74% Step 4: Identify Outstanding Principal Principal Remaining on applicable projects as of date of sale. RUE NR2 Remaining Debt Principal (12/31/2023) 16,095,000$ 12,352,000$ 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 Percent 0.43% 0.74% Remaining Debt Principal (12/31/2023) 16,095,000$ 12,352,000$ Purchasing Contract User - Change in Debt Allocation Value 69,447$ 90,919$ 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 458,422$ 143,160$ Purchasing Contract User - Change in Debt Allocation Value 69,447$ 90,919$ Purchasing Contract User - Total Upfront Payment 388,975 52,242 Debt Service Allocation Percentages are revised using cost allocation methodology within the existing contract user agreements, considering reallocation of Capacity 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). ATTACHMENT B to EXHIBIT E BASE CAPACITY TRANSFER, DEBT SERVICE REDISTRIBUTION, AND REIMBURSEMENT METHODOLOGY Inputs REIMBURSEMENTS FOR SELLING CONTRACT USERS Step 1: Calculate Reimbursements for Selling Contract Users without Debt Outstanding Contract User RUE NR2 St. Cloud -$ -$ Sartell -$ -$ Sauk Rapids -$ -$ St. Augusta* 209,839.21$ -$ St. Joseph -$ -$ Waite Park -$ -$ Total 209,839.21$ -$ Step 2: Calculate Reimbursements for Selling Contract Users with Debt Outstanding RUE NR2 Remaining Contract User Reimbursements $ 179,136 $ 52,242 Contract User RUE NR2 St. Cloud -$ -$ Sartell -$ -$ Sauk Rapids -$ -$ St. Augusta -$ 18,285$ St. Joseph 179,136$ 33,957$ Waite Park -$ -$ Total 179,136$ 52,242$ Total Reimbursement Summary Contract User RUE NR2 Total St. Cloud -$ -$ -$ Sartell -$ -$ -$ Sauk Rapids -$ -$ -$ St. Augusta 209,839$ 18,285$ 228,124$ St. Joseph 179,136$ 33,957$ 213,093$ Waite Park -$ -$ -$ Total 388,975$ 52,242$ 441,217$ For Selling Contract Users without debt outstanding, (i.e. project cost share was prepaid), Contract User Reimbursement equals users cost per MGD multiplied by MGD sold. 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 MGD sold, excluding MGD accounted for in Step 1.