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. **
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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
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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%
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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
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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.
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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 - - - -
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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% - - - -
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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
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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% - - - -
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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.
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Re: Wastewater Conveyance System Allocation Methodology
August 7, 2023
P01008-2023-002 Page 12 of 12
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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.
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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;
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Re: Flow Projections
March 25, 2022 (DRAFT)
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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
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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
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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%
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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
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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.
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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
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• 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
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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
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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.