BAXTER CITY COUNCIL AGENDA Tuesday, November 21, 2017 The regular meeting of the Baxter City Council will be held on Tuesday, November 21, 2017 at 7:00 p.m. at the Baxter City Hall, 13190 Memorywood Dr., Baxter, MN. 1. Call Meeting to Order 2. Roll Call 3. Pledge of Allegiance 4. Additions or Changes to the Agenda 5. Public Presentation and Input on the City ADA Transition Plan for facilities located within the public right-of-way (pp. 4-9). 6. Public Comments Comments received from the public may be placed on a future meeting agenda for consideration. 7. Consent Agenda The following items are considered non-controversial by staff and are recommended to be read and passed in one motion. Any council person, staff, citizen, or meeting attendee can request one or more items be pulled from the Consent Agenda and the item will be pulled and addressed immediately after the passage of the Consent Agenda; otherwise, the following items will be passed in one motion: A. Approve City Council Minutes from November 7, 2017 (pp. 10-12). B. Approve City Council Work Session Minutes from November 13, 2017(pp. 13-15). C. Approve the Payment of Bills and Finance Report (Addendum A). D. Adopt Ordinance 2017-012 and Summary Ordinance 2017-013 Amending Title 8 of the Baxter City Code to Edit Stormwater Control and Regulations (pp. 18-49). E. Elect Not to Waive the Monetary Limits on Municipal Tort Liability Established by State Statutes with the 2018 LMCIT Insurance Renewal (pg. 50). F. Adopt Resolution 2017-111 Approving a Lawful Gambling Permit for the Confidence Learning Center (pp. 51). 1
Transcript
BAXTER CITY COUNCIL AGENDA Tuesday, November 21, 2017
The regular meeting of the Baxter City Council will be held on Tuesday, November 21,
2017 at 7:00 p.m. at the Baxter City Hall, 13190 Memorywood Dr., Baxter, MN.
1. Call Meeting to Order
2. Roll Call
3. Pledge of Allegiance
4. Additions or Changes to the Agenda
5. Public Presentation and Input on the City ADA Transition Plan for
facilities located within the public right-of-way (pp. 4-9). 6. Public Comments
Comments received from the public may be placed on a future meeting agenda for
consideration.
7. Consent Agenda The following items are considered non-controversial by staff and are recommended to be
read and passed in one motion. Any council person, staff, citizen, or meeting attendee can
request one or more items be pulled from the Consent Agenda and the item will be pulled and
addressed immediately after the passage of the Consent Agenda; otherwise, the following
items will be passed in one motion:
A. Approve City Council Minutes from November 7, 2017 (pp. 10-12).
B. Approve City Council Work Session Minutes from November 13, 2017(pp. 13-15).
C. Approve the Payment of Bills and Finance Report (Addendum A).
D. Adopt Ordinance 2017-012 and Summary Ordinance 2017-013 Amending Title 8 of the
Baxter City Code to Edit Stormwater Control and Regulations (pp. 18-49).
E. Elect Not to Waive the Monetary Limits on Municipal Tort Liability Established by State
Statutes with the 2018 LMCIT Insurance Renewal (pg. 50).
F. Adopt Resolution 2017-111 Approving a Lawful Gambling Permit for the Confidence
Learning Center (pp. 51).
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G. Adopt Amendments to the Personnel Policy (pp. 52-65).
H. Award the Baxter Water Treatment 2018 Flume Replacement Project to Eagle
Construction Company of Little Falls, MN in the base bid amount of $159,900.00 (pp.
66-68).
I. Accept Planning Commission Minutes from November 14, 2017 (pp. 69-72).
J. Authorize Execution of a Utility Connection Assessment Agreement for Lot 1, Block 1
Wilson Estates (pp. 73-76).
8. Pulled Agenda Items
9. Other Business A. Certification of Delinquent Utility Bills, Invoices, and Abatements (pp. 77-79).
1. Public Hearing at 7:00 p.m. or shortly thereafter
2. Consider Adoption of Resolution 2017-110, Adopting Assessments for Unpaid
Delinquent Utility Bills, Invoices, and Abatement Charges
B. Consider Vacating a portion of Fairview Road in front of SuperOne (pp. 80).
1. Public Hearing at 7:15 p.m. or shortly thereafter
2. Consider Adoption of Resolution 2017-112 Vacating Property
C. Consider Approval of an LDO Agreement Between the City of Baxter and BLAEDC (pp.
81-95).
1. Public Hearing at 7:15 p.m. or shortly thereafter
2. Consider Adoption of Resolution 2017-113 Approving an Agreement Concerning
Participation in the BLAEDC Unified Fund Between the City of Baxter and the
Brainerd Lakes Area Economic Development Corporation, and Designating the
Brainerd Lakes Area Economic Development Corporation as the City’s Local
Development Organization
D. Planning and Zoning Actions
1. Adopt Resolution 2017-114 approving setback variances for SuperOne located at
7895 Excelsior Road (pp. 96-98).
2. Adopt Resolution 2017-115 approving a preliminary and final plat for “Vitale
Industrial Park” located at 13525 Cypress Drive (pp. 99-100).
3. Adopt Resolution 2017-116 approving a setback variance for Vitale located at
13525 Cypress Drive (pp. 101).
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8. Council Comments A. Quinn Nystrom
B. Steve Barrows
C. Todd Holman
D. Mark Cross
E. Darrel Olson
9. City Administrator’s Report
10. City Attorney’s Report
11. Adjourn
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ADA TRANSITION PLAN
November 21, 2017
PUBLIC INFORMATIONAL
MEETING
• Americans with Disabilities Act (ADA) was enacted in 1990.
• The ADA prohibits the discrimination of individuals on the basis of disability.
• Title II of ADA covers programs, activities and services provided by public entities.
• A transition plan is a requirement of Title II for any agency with greater than 50 employees.
• FHWA expanded on the requirements of Title II and requires that any agency receiving Transportation Improvement Plan (TIP) funding must prepare and adopt an ADA Transition Plan.
• Final Plan will be reviewed and approved by the City Council on December 19, 2017.
PUBLIC OUTREACH
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• City must publish its responsibilities regarding ADA.
• If users of the facilities believe the City is not providing reasonable accommodation, they have the right to file a grievance.
• Grievance procedures are outlined in Appendix D.– Grievant must submit written complaint to City ADA Title II ADA Coordinator
within 60-days after the alleged violation.
– City ADA Coordinator with meet with grievant within 15-days of receipt of complaint.
– City ADA Coordinator will respond to complaint in writing with 15-days of the meeting.
– Grievant may appeal the decision to the City Administration within 15-days after receipt of the City’s written decision.
– City Administrator will meet with grievant within 15-days of the appeal.
– City Administrator will respond to appeal in writing with 15-days of the meeting.
GRIEVANCE PROCEDURE
• Document must be continuously updated to reflect change in requirements, City CIP plans, construction techniques, etc.
• Appendices are set up to update periodically as needed.
• Main body of the document can be reviewed after 3-5 years.
MONITOR PROGRESS
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• Pedestrian Curb Ramp Improvements $755,000
• Trail Reconstruction $235,000
• APS Upgrades $120,000
• Estimated Total $1,110,000
ESTIMATED COSTS
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BAXTER CITY COUNCIL MINUTES November 7, 2017
1. Call Meeting to Order
Mayor Darrel Olson called the meeting to order at 7:00 p.m.
2. Roll Call Mayor Darrel Olson and Council Members Quinn Nystrom, Steve Barrows, Todd Holman, and Mark Cross. Staff present: City Administrator Bradley Chapulis, Assistant City Administrator Kelly Steele, Finance Director Jeremy Vacinek, and Police Chief Jim Exsted
3. Pledge of Allegiance All joined in the Pledge of Allegiance
4. Additions or Changes to the Agenda
None.
5. Public Comments Scott Harrison, 14270 Memorywood Drive. Mr. Harrison expressed concern over the high-water level on White Sand Lake. The high-water levels can be attributed to the clearing of debris around the dam located between White Sand Lake and Red Sand Lake. Within seven days the water level on White Sand Lake rose one and one-half inch. The lake level is the highest he has seen since 1987. Eighteen property owners have water in their basement and other property owners are sandbagging to keep the water away. The DNR has been observed reviewing the lake level. Mr. Harrison requested something be done to reduce the water levels sooner than later. There is no outlet for White Sand Lake. Dan Larson, President of the White Sand Lake Association explained White Sand Lake is at its highest level in forty years. The lake level seems to fluctuate every ten years. The only solution is to lower the lake level. Loren Beilke, 13971 Kenwood Drive. Mr. Beilke asked the City to take a leadership role is resolving the high-water level. City Administrator Chapulis explained a meeting is being scheduled with the various government agencies to discuss the concerns.
6. Consent Agenda A. Approve City Council Minutes from October 17, 2017 B. Approve City Council Work Session Minutes from October 17, 2017 C. Approve City Council Emergency Minutes from October 31, 2017 D. Accept EDA Minutes from October 17, 2017 E. Approve the Payment of Bills and Finance Report
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F. Approve Appointments for the Seasonal Position of Warming House Attendant for the 2017-2018 Season
G. Accept Donation of $300 From Lakes Area Law Enforcement Association With Gratitude
H. Accept the Crow Wing Energized Grant for $500 to Baxter Police Department I. Authorize Contract Execution for Employee Dental Insurance Renewal J. Accept the Utilities Commission Minutes from November 1, 2017
1. Approve the 2017 North Water Tower Plans & Specifications with two changes to the scope of work, changes to coatings 7.1 and 7.3 to match 7.2, remove KLM drawing 56B in the details sheet and relabel WSN Detailed Drawing No. 3
2. Approve the Bolton and Menk Engineering Services Fee Amendment for the 2017 Chip Seal Improvements Project in the increased amount of $14,000.00
3. Accept the 2019 Greenwood Road Improvements Feasibility Report 4. Approve the SEH Master Agreement and Supplemental Letter Agreement
for General Engineering Services 5. Approve the Tri-City Paving Inc. Change Order No. 2 in the amount of
$12,705.52 for the 2017 Mill & Overlay and Full Depth Reclamation Improvements Project and 2017 Excelsior Road Residential Full Depth Reclamation Improvements Project
6. Approve the Tri-City Paving Inc. Partial Pay Estimate No. 2 in the amount of $371,870.32 for the 2017 Mill & Overlay and Full Depth Reclamation Improvements Project and 2017 Excelsior Road Residential Full Depth Reclamation Improvements Project
7. Accept the Annual Water Audit Implementation Report. 8. Accept the City Specifications and Construction Details contingent on the
removal of the old detail sheet 9. Enter into the Cross-Jurisdictional Maintenance Agreement Between
Crow Wing County and City of Baxter 10. Approve the Right-of-Way Limited Use Agreement to maintain an existing
drive isle and replace an existing sign for Lakewood Church at 6284 Fairview Road
MOTION by Council Member Cross, seconded by Council Member Barrows to approve the Consent Agenda. Motion carried unanimously.
7. Pulled Agenda Items
None.
8. Other Business A. Adopt Resolution 2017-109 Calling a Public Hearing Regarding Designation of
the Brainerd Lakes Area Economic Development Corporation as the City’s Local Development Organization
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City Administrator Chapulis explained at the last meeting the council asked BLAEDC to be present to answer questions. Tyler Glenn with BLAEDC is here to answer questions regarding the unified fund. The City is required to hold a public hearing before transferring funds to the LDO. The council was provided a written response to several questions previously asked. B. MOTION by Council Member Nystrom, seconded by Council Member Holman to
Adopt Resolution 2017-109 Calling a Public Hearing Regarding Designation of the Brainerd Lakes Area Economic Development Corporation as the City’s Local Development Organization. Motion carried unanimously.
9. Council Comments
Mark Cross: Reminded everyone of the All Veterans Memorial dedication on Saturday, November 11 at 11 a.m.
10. City Administrator’s Report
City Administrator Chapulis explained NJPA has an open seat on their board of directors and asked council members to inform him of their interest in the seat.
11. City Attorney’s Report A. Closed Session, Minnesota Statute 13D.05, subd. 3 (c), Purchase of Property
City Attorney Person asked the council to motion to enter into a closed session under Minnesota Statute 13D.05, subd. 3 (c) to discuss the purchase of property. MOTION by Council Member Cross, seconded by Council Member Barrows to enter a closed session under Minnesota Statute 13D.05, subd. 3 (c) at 7:43 p.m. Motion carried unanimously. MOTION by Council Member Cross, seconded by Council Member Nystrom to return to an open session at 8:23 p.m. Motion carried unanimously.
12. Adjourn
MOTION by Council Member Cross, seconded by Council Member Nystrom to adjourn at 8:24 p.m. Motion carried unanimously.
Approved by: Respectfully submitted, _____________________________ Darrel Olson Kelly Steele Mayor Assistant City Administrator
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BAXTER CITY COUNCIL MINUTES
Special Budget Work Session November 13, 2017
1. Work Session Called to Order
Mayor Darrel Olson called the Special Meeting to order at 7:00 p.m. Council Members Present: Mayor Darrel Olson, Council Members Quinn Nystrom, Steve Barrows, Todd Holman, and Mark Cross. Council Members Absent: None Staff Present: City Administrator Bradley Chapulis, Finance Director Jeremy Vacinek, IT/GIS Director Todd DeBoer, Police Chief Jim Exsted, Community Development Director Josh Doty, Public Works Director Trevor Walter, and Assistant Finance Director Susannah Jensen.
2. Review and Discussion of Updates to 2018 Governmental Funds Budgets
Finance Director Vacinek explained this is a continuation of the September meeting. Within the governmental funds, the actual employee dental insurance premium rates were updated and allocated to the various departments. In the capital equipment fund, the IT funding transfer revenue account was adjusted by $4,400 to account for the missed $3,000 general government transfer in the preliminary budget and to provide ongoing funding for the city’s large plotter/scanner that is used primarily by public works and building inspections. The current plotter/scanner recently needed to be replaced and was not previously included in the IT replacement charges in the capital equipment fund. The net result is a $1,200 savings in the general fund which was allocated to the contingency account to balance the general fund.
3. Review and Discussion on Proposed 2018 Property Tax Levy and Impact The 2017 final tax capacity rate is 50.313% and the 2018 preliminary tax capacity rate is 51.090%. This is an increase in the tax capacity rate of .777%. In comparison, the 2017 next tax capacity is $11,541,773 and the 2018 preliminary net tax capacity is $11,750,783. This results in an increase in the net tax capacity of $209,010 or 1.81%. Finance Director Vacinek explained how residential evaluations increased about 3% over the prior year.
4. Review and Discussion of 2018 Proposed Enterprise Funds Budgets and Cash Flow Presentations Staff is proposing a consumption rate adjustment in the water fund from $2.82 to $2.85 per thousand gallons. Residential base fees are proposed to be adjusted from $10.78 to $11.20 per month. Commercial based fees are proposed to be adjusted from $25.65 to $26.65 per month. The impact to a residential household using 6,000 gallons per month is $.60 or 1.9%. The last increase was in 2011. Expenditure highlights include funding for professional services, engineering, public works facility painting, chemicals, electric
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utilities, allocation for the assistant city engineer position, depreciation, repairs, and transfers out. There is no WAC Fund rate adjustments proposed. The budget is estimating 10 new residential and 25 new commercial units. Expenditure highlights in the WAC Fund include $153,000 for the continued project to replace the water treatment plant trough, $21,900 for well pump replacements, $1,035,200 for the reconditioning and painting of the north water tower, and $300,000 for an emergency generator for the water treatment plant. The debt service in the water fund is for the water treatment plant. Staff is proposing a consumption rate adjustment in the sewer fund from $3.64 to $3.66 per thousand gallons. The residential base fee rate adjustment from $13.02 to $13.62 per month and commercial base fee adjustment from $26.02 to $27.40 per month. The impact to a residential household using 6,000 gallons per month is $.72 or 2.1%. The last increase was in 2011. Expenditure highlights include smoke testing the entire city to survey for I&I issues, engineering, public works facility painting, electric utilities, BPU sewer treatment charges, allocation for the assistant city engineer position, lift station repairs, depreciation, and transfers out. No rate adjustments are proposed at this time to the SAC Fund. The budget estimates 10 new residential and 25 new commercial units. Expenditure highlights include the continued project to reroute lift station #3, rehabilitation of lift station #2, and sewer related improvements to Cypress Drive. A storm water fund residential rate adjustment is proposed from $2.32 to $2.67 per month and commercial rate adjustment from $.0116 to $.0133 annually per impervious square foot. The impact to a residential household per month is $.35 increase. Expenditure highlights include engineering, street sweeping, allocation for the assistant city engineer position, public works facility painting, storm water repair project, depreciation, and transfers out. Debt service is related to the wastewater capacity. Finance Director Vacinek compared the BPU billed sewer amount to the city billed sewer amount and provided recommendations to review the discrepancy. BPU provides Baxter with a chart showing the daily flows. The net operating loss is growing and is almost meeting the depreciation. The council needs to be concerned with this moving forward. BPU has not remitted franchise fees to Baxter for approximately one year. The council discussed the pavement management plan may recommend a mill and overlay but a given project may end up being a full depth reclamation project or require additional patching and the property owner is only assessed for a mill and overlay.
5. Preliminary Review and Discussion of Capital Improvement Plan
Finance Director Vacinek reviewed 2018 and 2019 capital improvements projects, total costs, special assessment amounts, and funding sources. 2018 capital improvements projects total $23,553,900 and $4,040,900 would be assessed. 2019 capital improvements projects total $11,497,800 and $2,043,600 would be assessed.
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6. Review of 2018 Budget Calendar and Proposed Upcoming Future Meetings An informational meeting to review the 2018 budget and property tax levy with public testimony will be held on Monday, December 4.
7. Adjourn MOTION by Council Member Cross, seconded by Council Member Nystrom to adjourn the special council budget work session at 8:30 p.m. Motion carried unanimously.
Approved by: Respectfully submitted, _____________________________ Darrel Olson Kelly Steele Mayor Assistant City Administrator
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Addendum A
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ORDINANCE NO. 2008-11 2017-012
AN ORDINANCE AMENDING TITLE 8 OF THE BAXTER CITY CODE TO EDIT STORMWATER CONTROL AND REGULATIONS The City Council of Baxter Minnesota, ordains: SECTION 1. Title 8 is hereby amended by editing 8-5 as follows: TITLE: STORMWATER CONTROL AND REGULATIONS 8-5-1: PURPOSE
The purpose of this Ordinance is to: A. Control or eliminate storm water pollution along with soil erosion and
sedimentation within the City, and B. Limit surface runoff volumes and reduce pollutant loading, and C. Establish surface water management requirements to protect and safeguard the
general health, safety and welfare of the public. It establishes standards and specifications for conservation practices and planning activities, which minimize storm water pollution, soil erosion, and sedimentation.
1) This Ordinance establishes a City of Baxter Grading Permit Construction Stabilization Plan, which requires the applicant to develop a plan and implement a SWPPP containing Best Management Practices (BMPs), which shall be calculated to prevent storm water pollution from the beginning of site activity to final stabilization.
2) The Ordinance’s plan review process and requirements will include Post-Construction management. It requires the permit applicant to plan for, implement, and maintain all new development and redevelopment post-construction stormwater management activities.
D. Reserve the right for the City to impose any and all additional requirements deemed necessary to control the volume, timing, and rate of runoff of hydrologic or topographic conditions that warrant greater control than that provided by the minimum control requirements.
E. Require all site designs establish stormwater management practices to control the peak flow rates of stormwater discharge associated with specified design storms and reduce the generation of stormwater thereby utilizing pervious areas for stormwater treatment and infiltrating stormwater runoff from driveways, sidewalks, rooftops, parking lots, and landscaped areas.
F. Require that all stormwater runoff generated from new development shall not discharge untreated stormwater directly into a jurisdictional wetland or local water body without adequate treatment.
G. To prohibit Illicit Connections and Discharge to the Municipal Separate Stormsewer System (MS4).
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H. To establish the legal authority to carry out all inspections, surveillance, monitoring and correction measures necessary to ensure compliance with this ordinance.
8-5-2: DEFINITIONS
Applicant. Any person or group that applies for a building permit, subdivision approval, or a permit to allow land disturbing activities. Applicant also means that person's agents, employees, and others acting under this person's or group’s direction. The term “applicant” also refers to the permit holder or holders and the permit holder’s agents, employees, and others acting under this person's or group’s direction. Best Management Practices (BMPs). Schedules of activities, prohibitions of practices, general good house keeping practices, pollutions prevention and educational practices, maintenance procedures, erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water, stormwater, or stormwater conveyance systems. Erosion and sediment control BMPs include avoidance of impacts, construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area-wide planning agencies. BMP’s shall be as set forth current version of Minnesota Stormwater Manual, Minnesota Pollution Control Agency, 2006, as amended, unless a custom plan is specifically authorized by the City. Buffer. A regulated area where scrutiny will be exercised over activities near wetlands and water bodies and a non-disturbance area where natural vegetation must be maintained. Common Plan of Development or Sale. A contiguous area where multiple separate and distinct land disturbing activities may be taking place at different times, or on different schedules, but under one proposed plan. This item is broadly defined to include design, permit application, advertisement or physical demarcation indicating that land disturbing activities may occur. Construction Stabilization Plan. A plan detailing site conditions, proposed grading, and best management practices designed to minimize soil erosion and control sediment. All requirements of the plan can be found on the City of Baxter Construction Stabilization Plan Overview and Construction Stabilization Plan permit application. Developer. Any person, group, firm, corporation, sole proprietorship, partnership, state agency, or political subdivision thereof engaged in a land disturbance activity. Development. Any land disturbance activity that changes the site’s runoff characteristics in conjunction with residential, commercial, industrial or institutional construction or alteration.
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Dewatering. The removal of water for construction activity. It can be a discharge of appropriated surface or groundwater to dry and/or solidify a construction site. It may require Minnesota Department of Natural Resources permits to be appropriated and if contaminated may require other Minnesota Pollution Control Agency (MPCA) permit to be discharged. Discharge. The release, conveyance, channeling, runoff, or drainage, of storm water, including snowmelt, from a construction site. Energy Dissipation. This refers to methods employed at pipe outlets to prevent erosion. Examples include, but are not limited to; aprons, riprap, splash pads, and gabions that are designed to prevent erosion. Erosion. Any process that wears away the surface of the land by the action of water, wind, ice, or gravity. Erosion can be accelerated by the activities of people and nature. Erosion Control. Refers to methods employed to prevent erosion. Examples include soil stabilization practices, horizontal slope grading, temporary, or permanent cover, and construction phasing. Exposed Soil Areas. All areas of the construction site where the vegetation (trees, shrubs, brush, grasses, etc.) or impervious surface has been disturbed or removed thus render the soil more prone to erosion. This includes topsoil stockpile areas; borrow areas, and disposal areas, within the construction site. It does not include stockpiles or surcharge areas of gravel, concrete or bituminous. Once soil is exposed it is considered “exposed soil”, until it meets the definition of “final stabilization”. Fill. Means any act by which earth, sand, gravel, rock, or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported, or moved to a new location and shall include the resulting conditions. Filter Strips. A vegetated section of land designed to treat runoff as overland sheet flow. Their dense vegetated cover facilitates pollutant removal and infiltration. The design of vegetated filter strips shall follow the criteria and guidance set forth in the Minnesota Stormwater Manual. Final Stabilization. Means that all soil disturbing activities at the site have been completed, and that a uniform perennial vegetative cover with a density of seventy-five (75) seventy (70) percent of the cover for unpaved areas and areas not covered by permanent structures has been established, or equivalent permanent stabilization measures have been employed. Simply sowing grass seed is not considered final stabilization. (Examples of vegetative cover practices can be found in the current version of the Minnesota Department of Transportation’s publication, “Supplemental Specifications to the (year of the latest update) Standard Specifications for Construction.”)
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Hazardous Material. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Hydric Soils. Soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part. Hydrophytic Vegetation. Macrophytic (large enough to be observed by the naked eye) plant life growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. Illegal Discharge. Any direct or indirect non-storm water discharge to the storm drain system, except as exempted in this ordinance. Illicit Connection. An illicit connection is defined as either of the following: 1. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency. 2. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the City. Impervious Surface. A constructed hard surface that either prevents or retards the entry of water into the soil, and causes water to run off the surface in greater quantities and at an increased rate of flow than existed prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads. Industrial Activity. Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14). Land Disturbance Activity. Any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands within this government’s jurisdiction, including, but not limited to: clearing & grubbing, grading, excavating, transporting and filling of land. Land Locked Basin. Defined as a low area such as a lake, pond, or wetland entirely
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surrounded by land with no regularly active outlet channel. Minnesota Stormwater Manual. A guide book authored and periodically updated by the Minnesota Pollution Control Agency which provides practical stormwater management practices that are reviewed and edited regularly, found at http://www.pca.state.mn.us/water/stormwater/stormwater-manual.html Municipal Separate Storm Sewer Systems (MS4). A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, storm drains, curbs, gutters, ditches, man-made channels, stormwater ponds, and sometimes waters of the State) that are: 1. Owned or operated by a jurisdiction, public body, institution, or a designated and approved management agency that discharges to surface waters of the State 2. Designed or used for collecting or conveying stormwater 3. Which is not a combined sewer 4. Which is not a part of a publicly owned treatment works National Pollutant Discharge Elimination System (NPDES) Permit. General, group, and individual permits which regulate facilities defined in federal NPDES regulations pursuant to the Clean Water Act. The Minnesota MPCA has adopted general permits, including but not limited to the General Construction Activity, General Industrial Activity, MS4 and wastewater permits. Native Vegetation. The presettlement (already existing in Minnesota at the time of statehood in 1858) group of plant species native to the local region, that were not introduced as a result of European settlement or subsequent human introduction. Non-Stormwater Discharge. Any discharge to the storm drain system that is not composed entirely of stormwater. Ordinary High Water Mark. The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. Owner. The person or party possessing the title of the land on which the construction activities will occur. Paved Surface. A constructed hard, smooth surface made of asphalt, concrete or other pavement material. Examples include, but are not limited to, roads, sidewalks, driveways and parking lots.
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Permanent Cover means “final stabilization”. Examples include established grass, gravel, asphalt, and concrete. See also the definition of “final stabilization”. Permit. Within the context of this Section a “permit” is a written warrant or license granted for construction, subdivision approval, or to allow land disturbing activities. Phased Project or Development. Clearing a parcel of land in distinct phases, with at least fifty percent (50%) of the project’s preceding phase meeting the definition of “final stabilization” and the remainder proceeding toward completion, before beginning the next phase of clearing. Pollutant. Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including but not limited to sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind Prohibited Discharge. Any substance which, when discharged has potential to or does any of the following: (1) Interferes with state designated water uses; (2) Obstructs or causes damage to waters of the state; (3) Changes water color, odor, or usability as a drinking water source through causes not attributable to natural stream processes affecting surface water or subsurface processes affecting groundwater; (4) Adds an unnatural surface film on the water; (5) Adversely changes other chemical, biological, thermal, or physical condition, in any surface water or stream channel; (6) Degrades the quality of ground water; or (7) Harms human life, aquatic life, or terrestrial plant and wildlife. This includes but is not limited to dredged soil, solid waste, incinerator residue, garbage, wastewater sludge, chemical waste, biological materials, radioactive materials, rock, sand, dust, industrial waste, sediment, nutrients, toxic substance, pesticide, herbicide, trace metal, automotive fluid, petroleum-based substance, and oxygen-demanding material. Recharge means the replenishment of underground water reserves. Redevelopment means any construction, alteration or improvement of 1 acre or greater in areas where existing land use is already in a developed condition. Saturated Soil. The highest seasonal elevation in the soil that is in a reduced chemical state because of soil voids being filled with water. Saturated soil is evidenced by the presence of redoximorphic features or other information.
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Sediment. The product of an erosion process; solid material both mineral and organic, that is in suspension, is being transported, or has been moved by water, wind, or ice, and has come to rest on the earth's surface either above or below water level. Sediment Control. The methods employed to prevent sediment from leaving the development site. Sediment control practices include silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection, and temporary or permanent sedimentation basins. Site. Means the bounded area defined in a SWPPP (SWPPP) including individual parcels of the larger plan’s defined area. Soil. The unconsolidated mineral and organic material on the immediate surface of the earth. For the purposes of this document, stockpiles of gravel, aggregate, concrete, or bituminous materials are not considered “soil” stockpiles. Stabilized. The exposed ground surface after it has been covered by sod, erosion control blanket, riprap, or other material that prevents erosion. Simply sowing grass seed is not considered stabilization. Steep Slope. Any slope steeper than twelve (12) percent (Twelve (12) feet of rise for every one hundred (100) feet horizontal run).
Stop Work Order. means aAn order issued which requires that all construction activity not necessary to correct the noncompliance on a site to cease immediately until compliance is achieved and approved by the City. be stopped. Storm Drain System. The city-owned facilities by which stormwater is collected or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures. Storm water. Under Minn. R. 7077.0105, subp. 41(b) storm water “means precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff and drainage. Stormwater Treatment Practices (STPs). means measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies. Storm Water Pollution Prevention Plan (SWPPP). A plan for storm water discharge that includes Best Management Practices consisting of erosion prevention measures and sediment controls that, when implemented, will decrease soil erosion and storm water pollution on a parcel of land. The erosion prevention measures contained in the plan shall consist of temporary and permanent measures to stabilize exposed soil.
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Structure. Anything manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures, earthen structures, roads, parking lots, and paved storage areas. Subdivision. Any tract of land divided into building lots for private, public, commercial, industrial, etc. development. Surface Waters. All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems. Temporary erosion protection. Methods employed to temporarily prevent erosion. Examples of temporary cover include: straw, wood fiber blanket, wood chips, and erosion netting. Vegetated or Grassy Swale. A vegetated earthen channel that conveys storm water, while treating the stormwater by biofiltration. Such swales remove pollutants by both filtration and infiltration. Waters of the State. Surface watercourses and water bodies as defined by the State of Minnesota, including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry storm water at and during all times and seasons. Wet Detention Facility. Depressions constructed by excavation and embankment procedures to store excess runoff temporarily on a site. After a runoff event, overflow from the pond is released at a controlled rate by an outlet device designed to release flows at various peak rates and elevations until the design elevation of the pool is reached. Wet detention facilities maintain a permanent pool of water between storm events. Wet detention facilities are located to collect stormwater inflows from adjacent drainage areas and are usually designed to control peak discharges from relatively large design storms. Wetlands. As defined in Minn. R. 7050.0130, subp. F, "wetlands" are those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. Wetlands must have the following attributes:
a. A predominance of hydric soils; b. Inundated or saturated by surface water or groundwater at a frequency and
duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in a saturated soil condition; and under normal circumstances support a prevalence of such vegetation.
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8-5-3 LAND DISTURBANCE ACTIVITIES SUBJECT TO THE EROSION CONTROL PERMIT CONSTRUCTION STABILIZATION PLAN
1. Applicability. Unless expressly exempted, a Grading Permit Construction
Stabilization Plan [LH1]shall be required for any of the following activities: land disturbance within the City of Baxter.
A. Land disturbance activity of one (1) acre or greater (43,560 sq. ft) one-half (1/2) acre or greater (21,780 sq.ft.).
B. Land disturbing activity that requires a NPDES Construction Permit as required by MPCA rules.
C. Development that occurs in conjunction with a larger common plan of development or sale if the larger common plan will ultimately disturb one (1) acre or more.
D. Land disturbing activity that disturbs less than one-half (1/2) acre of land that the City determines to have a high risk of soil erosion or water pollution, or that may significantly impact a lake, stream, river, or wetland area
2. Exempt land disturbance activities. The following activities do not require a
Grading Permit Construction Stabilization Plan unless the City determines that there is a high risk of soil erosion or water pollution, or that there may be a significant impact on a lake, stream, river, or wetland area:
A. Minor land disturbance activities such as home gardens and an individual’s home landscaping, repairs, and maintenance work disturbing less than one-half (1/2) acre;
B. Construction, installation, and maintenance of fences, signs, posts, poles, and electric, telephone, cable television, utility lines or individual service connections to these utilities, which result in creating under one-half (1/2) acre of exposed soil;
C. Tilling, planting and harvesting of agricultural, horticultural, or silvicultural (forestry) crops more than one hundred (100) feet from a public water as defined in MN Statute 103G.005, subd. 15 ; and
D. Emergency work to protect life, limb, or property and emergency repairs, unless the land disturbing activity would have otherwise required an approved erosion and sediment control plan, except for the emergency. If such a plan would have been required, then the disturbed land area shall be shaped and stabilized in accordance with the City’s requirements as soon as possible.
8-5-4 LAND DISTURBANCE ACTIVITIES SUBJECT TO THE CITY STORMWATER
PLAN GRADING PERMIT AND THE MPCA STORMWATER AND POLLUTION PREVENTION PLAN (SWPPP)
1. Application. Every owner, prior to engaging in any land disturbing activity
regulated by this Ordinance of one (1) acre or greater, must complete a
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Construction Stabilization Plan as well as apply to, and obtain from the City a Grading Permit. The application must include a Stormwater Pollution Prevention Plan (SWPPP) in accordance with the General Permit Authorization To Discharge Storm Water Associated with Construction Activity Under the National Pollutant Discharge Elimination System/State Disposal System Permit Program (MN R100001) (the “MPCA Permit”) and the City criteria outlined below. the application must include the completed Storm Water Pollution Prevention Plan (SWPPP) required by that permit. For those projects not subject to the MPCA Permit, an abbreviated Grading Permit application must be submitted. In all cases, the application must contain the required information, the application fee, and a SWPPP, which shall The SWPPP shall identify Best Management Practices (BMPs) to be used to prevent storm water pollution. No land disturbing activity regulated by this Section may begin until the applicant has received a Grading Permit from the City. No permit will be issued or given until the SWPPP has been reviewed and approved by the MPCA or Crow Wing County Soil and Water Conservation District (SWCD) City.
2. Inspections. To the extent practicable, the City’s designated representative
will regularly inspect the site subject to the SWPPP for compliance and to ensure that erosion and sediment control measures are properly installed and maintained. The MPCA or SWCD will be responsible for the MPCA Permit compliance and enforcement. The City will conduct inspections on a regular basis to ensure that the plan is properly installed and maintained. In all cases the inspectors will attempt to work with the builder or developer to maintain proper erosion and sediment control at all sites. In cases where cooperation is withheld, after a verbal and written warning, the City shall issue construction stop work orders, until erosion and sediment control measures meet the requirements of this Ordinance. An inspection must follow before work can commence. Inspections are required as follows:
A. Before any land disturbing activity begins B. At the time of footing, framing and final inspections. C. At the completion of the project. D. Prior to the release of any financial securities, if applicable. E. Random inspections during the course of the project to ensure compliance with
the SWPPP
However, this does not in any way remove from the owner and contractor the responsibility A qualified representative for the owner/operator is responsible for inspecting the site for compliance on a weekly basis and after every storm event greater than 0.5 inches in 24 hours every storm or snowmelt event large enough to result in runoff from the site. A record of each inspection must be made and kept available on site for review by City inspectors. At all times the applicant shall be responsible for implementing and maintaining the BMP’s as provided in the approved SWPPP.
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3. Requirements of the Storm Water Pollution Prevention Plan. The SWPPP must, at a minimum, and to the extent applicable, contain the items required by the MPCA Permit. Nevertheless, due to the diversity of sites, each site will be individually evaluated and, where additional information and/or BMPs are needed, they will be specified at the discretion of the MPCA, SWCD, or the City. Where MPCA criteria differs from this Ordinance, this Ordinance will govern.
4. Minimum Control Measures. These mMinimum control measures are required
where one (1) acre or greater of bare soil is disturbed or exposed. Due to the diversity of individual construction sites, each site will be individually evaluated, and where additional control measures are needed the City will inform the MPCA or SWCD for inspections, design or enforcement activities. Construction operations must, at a minimum, comply with any applicable federal or state permit and stormwater management plan in addition to the following best management practices:
A. The owner and contractor are required to apply for and meet the conditions of the
Minnesota NPDES Construction Permit (MN R100001) B. Site Erosion and Sediment Control Measures. Erosion and sediment control
measures must be properly installed by the applicant before construction activity begins. Such measures may be adjusted during dry weather to accommodate short-term activities, such as those that require the passage of very large vehicles. As soon as this activity is finished or before rainfall, the erosion and sediment control structures must be returned to the original configuration or as specified by the MPCA or SWCD.
C. Site Dewatering. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydrocyclones, soil concentrators or other appropriate controls as deemed necessary. Water may not be discharged in a manner that causes erosion, sedimentation, or flooding on the site, on downstream properties, in the receiving channels, or in any wetland.
D. Waste and Material Disposal. All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, petroleum based products, paints, toxic materials, or other hazardous materials) shall be properly disposed of off-site and shall not be allowed to be carried by runoff into a receiving channel, storm sewer system, or wetland.
E. Tracking Management. Each site shall have roads, access drives and parking areas of sufficient width, length and surfacing to minimize sediment from being tracked onto public or private roadways. Any material deposited by vehicles or other construction equipment onto a public or private road shall be removed (not by flushing) before the end of each working day.
F. Water Quality Protection. The construction contractor, including the general contractor and all subcontractors, shall be required to control oil and fuel spills and chemical discharges to prevent such spills or discharges from entering any watercourse, sump, sewer system, water body, or wetland.
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G. Concrete Washout Area. All liquids and solid waste generated by concrete washout operations must be contained in a leak-proof containment facility or impermeable liner. A compacted clay liner that does not allow washout liquids to enter ground water is considered an impermeable liner. A sign must be installed adjacent to each washout facility to inform concrete equipment operators to utilize the proper facilities.
H. Storm Drain Protection. All storm drain inlets shall be protected during construction with control measures as contained in the SWPPP. These devices shall remain in place until final stabilization of the site. A regular inspection and maintenance plan shall be developed and implemented to assure these devices are operational at all times. Storm drain protection may conform to the protection alternatives pre-approved by City Staff and available at City Hall and on the City Website.
I. Soil Stockpiling. All exposed soil areas must be stabilized as soon as possible to limit soil erosion, but in no case later than 14 days after the construction activity in that portion of the site has temporarily or permanently ceased. If the site is within one mile of a special or impaired water, soil areas shall be stabilized within 7 days after the construction activity in that portion of the site has temporarily or permanently ceased. Temporary clean aggregate stockpiles, demolition concrete stockpiles, sand stockpiles and the constructed base components of roads are exempt from this requirement.
J. Channeled Runoff. Diversion of channeled runoff around disturbed areas, if practical, or the protection of the channel.
K. Easements. If a storm water management plan involves directing some or all of the site’s runoff, the applicant or his designated representative shall obtain from adjacent property owners any necessary easements or other property interests concerning the flowing of such water.
L. Schedule the site’s activities to lessen the impact on erosion and sediment creation, so as to minimize the amount of exposed soil.
M. Parking on all bare lots is allowed with a conditional use permit. During construction all traffic on and off site shall use designated construction entrances and exits.
N. Roof drain leaders. All newly constructed and reconstructed buildings must route roof drain leaders to pervious areas (not natural wetlands) where the runoff can infiltrate. The discharge rate shall be controlled so that no erosion occurs in the pervious areas.
O. Inspections shall be performed by the city on a regular basis to ensure that erosion and sediment control measures are properly installed and maintained. Any problems not meeting requirements of the MPCA Construction Permit or other requirements will be referred to the MPCA and/or SWCD for compliance and enforcement.
P. For disturbed areas less than one (1) acre, sedimentation basins are encouraged, but not required, unless specifically required by City staff or City engineer. The applicant shall install erosion and sediment controls at locations directed by the City, MPCA or SWCD. Minimum requirements include silt fences, rock check dams, or other equivalent control measures along slopes. Silt fences are required
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along channel edges to reduce sediment reaching the channel. Silt fences, rock check dams, etc. must be regularly inspected and maintained.
5. Minimum Protection for Natural Wetlands. Runoff must not be discharged
directly into wetlands without appropriate quality and quantity runoff control, as required by this ordinance, the MPCA and MN Rules 7050.0185, 7050.0186, and 7090.2. Minnesota water quality standards as established by law and rule shall govern and be enforceable by the City.
6. Stormwater Design Standards.
All permanent stormwater management plans must be submitted to the City engineer prior to the start of construction activity. Designers are expected to follow the requirements of this section to meet the volume control, water quality, and water quantity requirements of the City of Baxter. Designs should meet the stormwater design standard of this ordinance and the Minnesota Stormwater Manual. Deviations from the recommended guidance will require detailed written explanation with discretion given by the City. Stormwater facilities included as part of the final design for a permanent development shall be addressed in the design package submitted to the City and shall meet the following criteria:
A. Design of Stormwater Storage Facilities: Stormwater storage facilities shall be
designed to retain accommodate runoff from a 100-year critical duration rainfall event onsite without overtopping. A reduction of the required onsite storage capacity may be granted under the following circumstances:
a. The site or any portion of the site is included as part of a larger City approved regional stormwater management plan.
b. The site is adjacent to a City owned and maintained storm sewer system that drains to a regional stormwater storage facility and the site (or portion of) has been included as part of the contributing area for design of the system.
c. The site contains topographic features that allow stormwater storage outside of the designated stormwater storage facility without inundating wetlands, causing adverse conditions or damage to adjacent properties.
d. Other reasons as determined by the City Engineer.
The designer shall confer with the City Engineer to determine how much, if any, stormwater runoff from the site or any portion of the site has been accounted for in a pre-existing regional stormwater management plan or publicly maintained system.
Facilities not connected to a city maintained stormwater drainage system shall retain stormwater runoff from a 100-year rain event. If the site is served by a city maintained stormwater drainage system, the facility shall retain stormwater runoff from a 5-year event.
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B. Design of Trunk, Lateral, and Collector Systems shall be designed for the 10-
year rainfall event. The following table shall be used for the calculation of peak rates using the Rational Method:
Cover Type Runoff Coefficient Single-family Residential 0.4 Multi-family Residential 0.5 Commercial 0.7 Industrial 0.7 Parks, Open Space 0.2 Ponds, Wetlands 1.0
C. Clogging Factor: For collection systems not designed to meet rate control standards (e.g. catch basins) a clogging factor of 50% will be utilized in sizing intake structures.
D. Rate Control Diameter: No orifice having a diameter less than 4” is allowed in
the design of rate control structures within the City. If a lower discharge rate is required a weir may be used to meet the requirements.
E. Emergency Spillway: An emergency spillway (emergency outlet) from ponding
areas shall be installed a minimum of one foot below the lowest building opening and shall be designed to have a capacity to overflow water at an elevation below the lowest building opening at a rate not less than the anticipated 100-year peak inflow rate to the basin, or three times the 100-year peak discharge rate from the basin, whichever is greater.
F. Natural Features of Site: The applicant shall give consideration to reducing the
need for stormwater management system facilities by incorporating the use of natural topography and land cover such as wetlands, ponds, natural swales and depressions as they exist before development to the degree that they can accommodate the additional water flow without compromising the integrity or quality of these natural features.
G. Water Quality Treatment Standards: Stormwater treatment must be designed to
remove 80% of Total Suspended Solids (TSS) on an average annual basis. Treatment must be provided in on-site or regional systems and through a combination of BMPs, with highest preference given to Green Infrastructure techniques and practices (i.e. infiltration, evapotranspiration, reuse/harvesting, conservation design, urban forestry, green roofs, etc.) that will meet this requirement. This requirement is anticipated to result in 40-60% Total Phosphorus (TP) removal. The stormwater discharges of TSS and TP shall result
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in no net increase from pre-project conditions for new development projects. The stormwater discharges of TSS and TP shall result in a net reduction from pre-project conditions for redevelopment projects. Where TSS and/or TP reduction requirements cannot be met on the site of the original construction, the applicant will be required to locate alternative sites where TSS and/or TP treatment standards can be achieved. Mitigation project locations are chosen in the following order of preference:
1) Locations that yield benefits to the same receiving water that receives runoff
from the original construction activity. 2) Locations within the same Department of Natural Resource (DNR)
catchment area as the original construction activity. 3) Locations in the next adjacent DNR catchment area up- stream. 4) Locations anywhere within the City of Baxter.
Mitigation projects shall involve the establishment of new structural stormwater BMPs or the retrofit of existing structural stormwater BMPs, or the use of a properly designed regional structural stormwater BMP. Previously required routine maintenance of structural stormwater BMPs cannot be considered mitigation. Mitigation projects must be finished within 24 months after the original construction activity begins. A maintenance agreement shall be completed, specifying the owner as the responsible party for long- term maintenance. Payments will not be accepted in lieu of the construction project meeting the TSS and TP treatment standards.
H. Infiltration/Volume Control: Volume control measures are required on projects
to meet the water quality criteria of the City and to meet the requirements of the City of Baxter’s MS4 Permit obligations. Except where conditions listed below are not met, stormwater runoff abstraction via infiltration, evapotranspiration, capture, and/or reuse of stormwater runoff is required to treat the water quality volume of one (1) inch (or one (1) inch minus the volume of stormwater treated by another system on the site) of runoff from new impervious surfaces created by the project when a development project creates one acre or more new impervious surfaces. All flow from a 100-year rain event will be infiltrated in ponds designed as infiltration ponds. For wet sedimentation pond design, for new development projects, stormwater discharge volume shall result in no net increase from pre-project conditions. For redevelopment projects, stormwater discharge volume shall result in a net reduction from pre-project conditions. For all ponds, water quality runoff must be infiltrated within 48 hours or less. To simplify the review process, no runoff will be assumed from pervious surfaces from a one inch rainfall event.
Infiltration will not be required or allowed in areas where there are known groundwater contaminants, in areas that receive discharges from vehicle fueling and maintenance, in areas that receive discharges from industrial facilities which
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are not authorized to infiltrate industrial stormwater under an NPDES/SDS Industrial Stormwater Permit issued by the MPCA, within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, subp. 13, where the soils are not suitable for infiltration (Hydrologic Soil Group D), in areas where soil infiltration rates are more than 8.3 inches per hour unless soils are amended to slow the infiltration rates below 8.3 inches per hour, or in areas where there is less than three feet of separation between the bottom of the infiltration system and the groundwater or top of bedrock. Prior to infiltration design, a test pit is required to determine depth to mottled soils, indicating groundwater elevations. Mottled soil elevations shall be verified by City Staff. Percolation test results from a double ring infiltrometer shall be submitted to the City to verify the infiltration rates of on-site soils following the construction of infiltration BMP’s.
Pretreatment of stormwater is required prior to discharge to an infiltration system. The pretreatment practice of vegetated filter strips shall follow the Minnesota Stormwater Manual for design. This pretreatment shall collect sediment and be easily accessed for inspection and maintenance. The infiltration/filtration system selected must meet the following criteria:
1) Remove settleable solids, floating materials, and oils and grease to the
maximum extent practicable before runoff enters the system. 2) Filtration must be designed to remove 85 percent of total suspended solids. 3) Consider the impact of construction and infiltration practices on existing
hydrologic features (e.g. existing wetlands) and maintain pre-existing conditions.
4) Consider potential hotspots, groundwater warning, design measures, maintenance considerations or other retention, detention, and treatment devises as specified in the MN Stormwater Manual.
5) The infiltration practice shall not be used within fifty feet of a municipal, community or private well, unless specifically allowed by an approved wellhead protection plan.
6) The infiltration practice shall not be used for runoff from fueling and vehicle maintenance areas and industrial areas with exposed materials posing contamination risk, unless the infiltration practice is designed to allow for spill containment.
7) Ensure the area is not compacted while the site is under construction. 8) When an infiltration system is excavated to within three (3) feet of final
grade, the permittee must employ rigorous erosion prevention and sediment controls (e.g., diversion berms) to keep sediment and runoff completely away from the infiltration area. The area must be staked off and marked so that heavy construction vehicles or equipment will not compact the soil in the proposed infiltration area.
9) To prevent clogging the system shall have a pretreatment device such as a vegetated filter strip, small sedimentation basin, or water quality inlet (e.g.
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grit chamber) to settle particulates before stormwater discharges into the system.
10) Ensure appropriate on-site testing consistent with the MN Stormwater Manual is conducted to verify soil type and to ensure a minimum of three (3) feet of separation from the seasonally saturated soils (or bedrock) and the bottom of the proposed system is maintained.
11) Ensure filtration systems with less than three (3) feet of separation form seasonally saturated soils or from bedrock are constructed with an impermeable liner.
12) The infiltration practice shall not be used in Hydrologic Soil Group (HSG) D soils without soil corrections.
13) Provide an eight foot wide maintenance access.
I. Permanent Wet Sedimentation and Regional Pond Water Quality Standards: If infiltration practices are prohibited, a permanent water quality pond shall be used to meet water quality and rate control requirements as specified herein. The pond is required to meet the following criteria. If a pond is designed using this criteria, it will be assumed to meet the City standard of 80% TSS removal and result in approximately 40-60% TP removal.
1) The pond shall have a permanent volume of 1,800 cubic feet of storage
below the outlet pipe for each acre that drains to the basin. 2) Permanent pool depth shall be a minimum of 3 feet and maximum of 10 feet. 3) The basin must provide live storage for water quality volume of one (1) inch
of runoff (or one (1) inch minus the volume of stormwater treated by another system on the site) from the new impervious surfaces created by the project.
4) The basin must minimize scour and the suspension of solids. 5) The basin outlet must be designed to prevent short-circuiting and the
discharge of floating debris, and the maximum discharge at the water quality volume shall be less than 5.66 cubic feet per second (cfs) per acre of surface area of the pond at the water quality volume elevation.
6) An emergency outlet to control the 100-year storm event. 7) Basin slopes no steeper than 3:1. 8) A basin shelf (10 feet wide and one (1) foot below the normal water level) to
enhance wildlife habitat, reduce safety hazards, and improve maintenance access.
9) Flood pool volume above the normal outlet so that peak discharge rates from the 2-year, 10-year, and 100-year storm events are no greater than existing conditions.
10) An eight foot wide maintenance access must be provided. 11) Be located outside of surface waters or any buffer zone. 12) Natural wetlands and waterbodies are not considered a regional stormwater
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pond and construction will not occur within existing wetlands unless they are mitigated in accordance with the State of Minnesota Wetland Conservation Act.
13) Waterways connected to the pond will not be degraded. 14) Safety considerations will be made in the design of permanent water quality
ponds.
J. Outlet and Inlet Pipes:
1) Inlet pipes of stormwater ponds shall be extended to the pond normal water level whenever possible.
2) Outfalls with velocities greater than 4 fps into channels requires energy dissipation or stilling basins.
3) Outfalls with velocities of less than 4 fps generally do not require energy dissipaters or stilling basins, but will require riprap protection.
4) In the case of discharge to channels, riprap shall be provided on all outlets to an adequate depth below the channel grade and to a height above the outfall or channel bottom. Riprap shall be placed over a suitably graded filter material with filter fabric to ensure that soil particles do not migrate through the riprap and reduce its stability. Riprap shall be placed to a thickness at least 2 times the mean rock diameter to ensure that it will not be undermined or rendered ineffective by displacement. If riprap is used as protection for overland drainage routes, grouting may be recommended.
5) Discharge velocity into a pond at the outlet elevation shall be 6 fps or less. Riprap protection, or other appropriate energy dissipation practice, is required at all inlet pipes into ponds from the NWL to the pond bottom.
6) Where outlet velocities to ponds exceed 6 fps, the design should be based on the unique site conditions present. Submergence of the outlet or installation of a stilling basin approved by the City is required when erosive outlet velocities are experienced.
K. Limitations and Restrictions for Permanent Stormwater Management: The City
may limit or restrict the construction of permanent management facilities based on the following criteria.
1) Permanent infiltration stormwater management facilities may not receive
discharges from or be constructed in areas where: a. Industrial facilities are not authorized to infiltrate industrial stormwater
under an NPDES Industrial Stormwater permit issued by the MPCA. b. Vehicle fueling or maintenance activities occur. c. There is less than three feet of separation between the bottom of the
infiltration system to the elevation of the seasonally saturated soils or the
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top of bedrock. d. There are known groundwater contaminants or groundwater will be
mobilized by the construction of infiltration BMPs.
2) For areas where infiltration is prohibited the applicant must consider alternative volume reduction BMPs and the water quality volume must be treated by a wet sedimentation basin, filtration system, regional ponding or similar method prior to the release of stormwater to surface water.
3) For linear projects with lack of right-of-way, easements or other permissions from property owners to install treatment systems that are capable of treating the total water quality volume on site, the project must maximize treatment through other methods or combination of methods before runoff is released to nearby surface waters. Alternative treatment options include: grassed swales, filtration systems, smaller ponds, or grit chambers. In all circumstances, a reasonable attempt must be made to obtain right-of-way during the project planning and all attempts of infeasibility must be recorded.
4) The City may restrict the use of infiltration features to meet requirements for stormwater management, without higher engineering review, if the infiltration techniques will be constructed in the following areas where: a. Soils are predominately Hydrologic Soil Group D (clay) soils. b. Drinking Water Supply Management Areas are present, as defined by
Minn. R. 4720.51000, subp.13, unless precluded by a local unit of government with an MS4 permit.
c. Soil infiltration rates are more than 8.3 inches per hour unless soils are amended to flow the infiltration rate below 8.3 inches per hour.
L. Exceptions for Permanent Stormwater Management: The City may authorize
reduced volume control for the following situations: 1) If the project meets one of the limitations outlined above. 2) If the applicant implements to the maximum extent possible other volume
reduction practices, besides infiltration, on the site but may not meet the requirements for stormwater management.
M. Drainage and Utility Easements: New stormwater management BMPs (e.g.
ponds, infiltration systems, swales) constructed as part of private development may be covered by drainage and utility easements or outlots that are dedicated to the City. Maintenance responsibilities for these areas will be spelled out in a Stormwater Facilities Maintenance Agreement. All maintenance agreements must be approved by the City and recorded at the Crow Wing County Recorder’s office prior to final plan approval. At a minimum, the maintenance agreement will describe the following inspection and maintenance obligations:
1) No private stormwater facilities may be approved unless a maintenance plan
is provided that defines how access will be provided, who will conduct the maintenance, the type of maintenance and the maintenance intervals. At a
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minimum, all private stormwater facilities shall be inspected annually and maintained in proper condition consistent with the performance goals for which they were originally designed and as executed in the stormwater facilities maintenance agreement.
2) The party who is permanently responsible for inspections and maintenance of the structural and nonstructural measures.
3) Pass responsibilities for such maintenance to successors in title. 4) Allow the City and its representatives the right of entry for the purposes of
inspecting all permanent stormwater management systems. 5) Allow the City the right to repair and maintain the facility, if necessary
maintenance is not performed after proper and reasonable notice to the responsible party of the permanent stormwater management system. The cost will be assessed to the owner.
6) The agreement shall also stipulate that if site configuration or structural stormwater BMPs change, causing decreased structural stormwater BMP effectiveness, new or improved BMPs shall be installed.
7) Access to all stormwater facilities must be inspected annually and maintained as necessary. The applicant shall obtain all necessary easement or other property interests to allow access to the facilities for inspection or maintenance for both the responsible party and the City of Baxter.
N. Skimmers: The City requires skimmers or other devices, with the intent to
remove floatables, in the construction of new pond outlets and the addition of skimmers to existing systems whenever feasible and practical. The designs shall provide for skimmers that extend a minimum of four inches below the water surface and minimize the velocities of water passing under the skimmer to less than 0.5 feet per second for rainfall events having a 99% frequency. Wood skimmers are not allowed.
O. Habitat and Aesthetic Enhancement: The City encourages the design of
stormwater management features that provide an opportunity to enhance the habitat and aesthetics of the area. This includes providing upland buffers around ponds, planting coniferous and deciduous trees, seeding the area with native vegetation, and designing the slopes equal to or flatter than 4:1.
P. Combination of Practices: A combination of successive practices may be used to
achieve the applicable minimum control requirements specified.
Q. Inspection and maintenance.
a. All storm water pollution control management facilities must be designed to minimize the need of maintenance, to provide easy vehicle and personnel access for maintenance purposes and be structurally sound.
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These facilities must have a plan of operation and maintenance that ensures continued effective removal of the pollutants carried in storm water runoff. The operation and maintenance plan shall be in writing and signed by the owner. A copy of the signed agreement shall be filed at City Hall and with the project files. The city’s designated representative shall inspect all storm water management facilities during construction, during the first year of operation, and annually thereafter. The city will keep all inspection records on file for a period of five (5) years.
b. Inspection and maintenance easements. It shall be the responsibility of
the applicant to obtain any necessary easements or other property interests to allow access to the storm water management facilities for inspection and maintenance purpose.
8-5-65 APPLICATION REVIEW 1. Review. The City Engineer shall be responsible for reviewing the Grading Permit
application Construction Stabilization Plan and SWPPP. The MPCA and/or the SWCD shall be responsible for reviewing the MPCA Construction Stormwater Permit application and SWPPP.
2. Fee. A fee will be charged for the review of the Construction Stabilization Plan
application, the issuance of the permit, and inspections. The fee will be as set forth in our annual fee schedule.
3. Completeness of Application. Only applications that are complete will be
reviewed by City staff. In order for a plan to be complete, it must contain the necessary information, the MPCA Construction Stormwater Permit application and SWPPP (if required), and the required fee. All incomplete plans will be returned to the applicant with a written explanation of the application’s deficiencies. The applicant will have the opportunity to correct the deficiencies and resubmit the application.
4. Permit. If the City’s staff and, when applicable, the City Engineer determine that
the Construction Stabilization Plan and SWPPP, if needed, meets the requirements of this ordinance, the City staff shall issue a permit valid for a specified period of time that authorizes the land disturbance activity contingent on the implementation of the BMPs contained in the plan; which shall include actions necessary to achieve final stabilization of the site upon completion of the land disturbance activity.
5. Permit Conditions. The BMPs required by the Construction Stabilization Plan
and/or contained in the approved SWPPP must be implemented prior to the start of any land disturbing activity and shall be maintained in accordance with the
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approved plan and the requirements of this Ordinance. Additional conditions may be imposed by the City.
6. Costs. The applicant shall be liable at all times for the costs incurred, including
costs and fines resulting from noncompliance with an approved plan. 7. Denial of Permit and Appeal. If City staff determines that the Grading Permit
Construction Stormwater Permit and SWPPP, if required, do not meet the requirements of this Ordinance, the City shall not issue a permit for the land disturbance activity. Approval or denial shall be mailed to the Applicant within 15 days of receipt of a complete application. The applicant may appeal the adverse decision within ten (10) days of receiving written notice by requesting in writing to City staff that the City Council reviews the decision. City staff will then schedule a hearing on the appeal within 20 days. Notice of the public hearing need not be published in the official newspaper. All decisions by the City Council shall be final.
8. Permit Termination. The permit holder shall notify the City when a project
ceases and final stabilization is reached. When a state permit exists, the state termination form will suffice.
8-5-6 MODIFICATION OF PLAN
An approved Grading Permit and Construction Stabilization Plan may be modified on submission of a written application for modification to the City, and only after written approval by the City Engineer. In reviewing such an application, the City Engineer may require additional information. No approval of any modification will be given that is inconsistent with this Ordinance. Modification of the MPCA Construction Stormwater Permit shall be made according to MPCA requirements. A copy of the amended SWPPP and application shall be sent to the City for their permanent records. The amendment shall be received by the City before the additional construction work is begun.
8-5-7 FINANCIAL SECURITY FOR PROJECTS SUBJECT TO A DEVELOPMENT
AGREEMENT 1. Security required. If the project is proceeding under a development agreement
with the City, the costs of any work required in this Ordinance shall be added to the letter of credit or bond in an amount pursuant to Baxter City Code Section 11-5-4 and then enforced pursuant to said 11-5-4.
2. Emergency Action. If circumstances exist such that noncompliance with this
ordinance poses an immediate danger to the public health, safety and welfare, as determined by the City, the City may take emergency preventative action. The City shall also take every reasonable action possible to contact and direct the
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applicant to take any necessary action. Any cost to the City may be recovered from the applicant’s financial security.
8-5-8 STORMWATER FACILITIES MAINTENANCE AGREEMENT AND PERMIT
TRANSFER 1. Stormwater Facilities Maintenance Agreement. A Stormwater Facilities
Maintenance Agreement regarding stormwater management shall be required for any project that requires a permanent stormwater management facility. The agreement shall guarantee the performance of the work described and delineated on the approved plan. In addition, the agreement will describe the City’s inspection policy. Should the applicant fail to meet any of the terms of the Stormwaser Facilities Maintenance Agreement, the City may proceed with the actions listed in the Enforcement section of this Ordinance.
2. Notice to Transferee. When ownership, possession, or control of any site subject
to an incomplete, approved SWPPP is transferred, the former owner (seller) shall notify the new owner (buyer) as to the current status of compliance and provide a copy of the approved SWPPP, as required by the MPCA Construction Permit. A copy of this notice shall be submitted to the City. A copy of the ‘Modification/Transfer’, ‘Subdivision Registration’, or ‘Homeowner Transfer’ forms required by the MPCA for transfers under the State required SWPPP plan shall suffice for this notice to the City.
3. Successor Liability.
A. The successor in interest to any portion of a site subject to an incomplete, approved Construction Stabilization Plan or SWPPP shall be responsible for implementing the BMPs contained in the plan.
B. The successor shall be responsible for the implementation of this plan for the portion of the site transferred.
C. The successor will be subject to all regulations under this Ordinance. 8-5-9 ENFORCEMENT 1. Violations. If an owner is in violation of the terms and conditions of an approved
Grading Permit Plan, SWPPP, and/or this Ordinance, all City approvals relating to the site shall be either withheld or suspended until the owner or contractor is again compliant. All directives, notices, and orders may be served by the Public Works Director, the Building Official, and/or their designated staff person. Upon the issuance of directive, notice, or order, the owner or contractor shall immediately:
1) develop a cleanup and restoration plan, 2) obtain any necessary right-of-entry from any adjoining property owner, 3) implement the cleanup and restoration plan within forty-eight (48) hours of
any one directive, notice, order, or of obtaining the adjoining property owner's permission.
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In no case, unless written approval is received from the City, shall more than seven (7) calendar days go by without corrective action being taken. If in the discretion of the City, the applicant does not repair the damage caused by the erosion, the City may do the remedial work required and charge or assess the cost to the applicant. When restoration to wetlands and other resources are required, the applicant shall be required to work with the appropriate agency to ensure that the work is done properly. If eroded soils (including tracked soils from construction activities) enters streets, wetlands, or other water bodies, cleanup and repair shall be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the cleanup operations.
When an applicant fails to conform to any provision of the Ordinance within the time stipulated, the City may issue the following orders and/or complete action in accordance with Chapter 4, General Penalty, of the City Code:
1) Issue a violation notice 2) Withhold the scheduling of inspections and/or the issuance of a Certificate
of Occupancy 3) Revoke any City permit for the site in violation 4) Direct the correction of the violation by City forces or by a separate
contract. All costs incurred by the City in correcting violations must be reimbursed by the applicant.
i. If payment is not made within thirty (30) days after costs are incurred by the City, payment will be made from any financial securities placed with in the City pursuant to this Ordinance. The owner shall waive all rights by virtue of Minnesota Statute 429.081 to challenge the amount of validity of assessment.
ii. If there is an insufficient financial amount in the applicant’s security to cover the costs incurred by the City, the City may assess the remaining amount against the property in accordance with Minnesota Statute 429.061.
2. MPCA Construction Permit Violations. Whenever the City finds any
noncompliance with the provisions of the approved MPCA Construction Permit the City shall notify the MPCA and/or the SWCD for compliance and enforcement.
2. Stop Work Order. Whenever the City finds any noncompliance with the
provisions of the approved Grading Permit Construction Stabilization Plan, SWPPP, and/or this Section or any City Ordinance, the City shall attempt to communicate with the owner or person performing the work to obtain immediate and voluntary compliance if such person is readily available. If the owner or person performing the work is not readily available, that person refuses to voluntarily comply immediately, or the noncompliance presents an imminent damage, or will cause or threatens to cause bodily injury or damage to off-site property, including, but not limited to off-site run-off, the City shall post in a conspicuous place on the premises a stop work order which shall cause all activity not necessary to correct the noncompliance to cease until compliance is corrected.
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A. Contents. The stop work order shall contain the following information:
1) Date of issuance; 2) Sufficient information to identify the property; and 3) Violation(s).
B. Unauthorized Removal of Posted Notice. Any unauthorized removal of a posted stop work order shall be punishable as a misdemeanor.
C. Additional Notice. In addition to posting a stop work order, the City shall provide notification to the applicant by personal service, written notice by certified mail, or facsimile transmission.
8-5-10 RIGHT OF ENTRY AND INSPECTION
By submitting a Grading Permit Construction Stormwater Plan application to the City, the applicant hereby consents and authorizes the City and their authorized representatives, upon presentation of credentials to:
1) Enter upon the permitted site for the purpose of obtaining information, examination of records, and conducting investigations or surveys;
2) Bring such equipment upon the permitted development as is necessary to conduct such surveys and investigations;
3) Examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of this Ordinance; and
4) Inspect the Stormwater Pollution Control measures and BMPs. 8-5-11 ILLICIT DISCHARGE PROHIBITION 1. Applicability. This Section shall apply to all water and general pollution entering
the City of Baxter’s storm drain system generated on any developed and undeveloped lands unless explicitly exempted by the City.
A. Ultimate Responsibility of Polluter. The standards set forth herein and
promulgated pursuant to this Section are minimum standards; therefore this Section does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants into waters of the State caused by said person. This Section shall not create liability on the part of the City of Baxter, or any agent or employee thereof for any damages that result from any polluter's reliance on this Section or any administrative decision lawfully made thereunder.
2. Discharge Prohibitions.
A. Prohibition of Illegal Discharges No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants
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or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water. No person shall throw, deposit, place, leave, maintain, or keep or permit to be thrown, placed, left, maintained or kept, any refuse, rubbish, garbage, or any other discarded or abandoned objects, articles, or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin conduit or drainage structure, business place, or upon any public or private plot of land in Baxter, so that the same might be or become a pollutant, except in containers, recycling bags, or other lawfully established waste disposal facility. No person shall intentionally dispose of grass, leaves, dirt, or other landscape debris into a water resource buffer, street, road, alley, catch basin, culvert, curb, gutter, inlet, ditch, natural watercourse, flood control channel, canal, storm drain or any fabricated natural conveyance.
B. Exemptions The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows: 1. Discharges from the following activities will not be considered a violation of
this Section, an illegal discharge, or a source of pollutants to the storm drain system and to waters of the State when properly managed: potable water line flushing; uncontaminated pumped groundwater and other discharges from potable water sources; landscape irrigation and lawn watering; diverted stream flows; rising groundwater; uncontaminated groundwater infiltration to the storm drain system; uncontaminated foundation and footing drains; uncontaminated water from crawl space pumps; air conditioning condensation; uncontaminated non-industrial roof drains; springs; individual residential and occasional non-commercial car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; street wash waters; flows from fire fighting; and any other water source not containing pollutants.
2. Discharges specified in writing by the City of Baxter as being necessary to protect public health and safety.
3. Dye testing is an allowable discharge, but requires a verbal notification to the authorized enforcement agency prior to the time of the test.
4. The prohibition shall not apply to any non-storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the MPCA or EPA, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system.
5. Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit.
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C. Prohibition of Illicit Connections. 1. The construction, use, maintenance or continued existence of illicit
connections to the storm drain system is prohibited. 2. This prohibition expressly includes, without limitation, illicit connections
made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
3. A person is considered to be in violation of this ordinance if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.
3. Requirement to Prevent, Control and Reduce Stormwater Pollutants.
A. Authorization to Adopt and Impose BMPs 1. Any person engaged in activities or operations, or owning facilities or
property which will or may result in pollutants entering storm water, the storm drain system, or waters of the State shall implement BMPs to the extent they are technologically achievable to prevent and reduce such pollutants. The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator's expense.
2. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person’s expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the maximum extent practicable, shall be deemed compliance with the provisions of this section.
3. The City may adopt requirements identifying BMPs for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the State as a separate BMP Guidance Policy as such information is found to be needed by the City. Where BMPs requirements are required by the City or any federal, State, or regional agency for any activity, operation, or facility which would otherwise cause the discharge of pollutants to the storm drain system or water of the State, every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements.
B. Suspension due to Illicit Discharges in Emergency Situations The City of Baxter may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters of the State. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed
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necessary to prevent or minimize damage to the MS4 or Waters of the State, or to minimize danger to persons.
C. Suspension due to the Detection of Illicit Discharge Any person discharging to the MS4 in violation of this ordinance may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The City will notify a violator of the proposed termination of its MS4 access. The violator may petition the City for a reconsideration and hearing. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section, without the prior approval of the City of Baxter.
D. Watercourse Protection Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property.
E. Notification of Spills Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or water of the State from said facility, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of a hazardous material said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of non-hazardous materials, said person shall notify the City's Public Works Department in person or by phone or facimile no later than 4:30 5:00 p.m. of the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the City's Public Works Department within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.
4. Inspection and Monitoring. A. Authority to Inspect
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1. The City shall be permitted to enter and inspect facilities subject to regulation under this Section and according to Section 1.11 of this Ordinance as often as may be necessary to determine compliance with this ordinance. If a facitily has security measures in force which require proper identification and clearance before entry into its premises, the facility shall make the necessary arrangements to allow access to representatives of the City.
2. Facility operators shall allow the City ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by City, State and Federal law.
3. Whenever necessary to make an inspection to enforce any provision of this Section, or whenever the Public Works Director has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this Section, the Director or designated staff person may enter such premises at all reasonable times to inspect the same and to inspect and copy records related to storm water compliance. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the City is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.
B. Authority to Sample, Establish Sampling Devices and Test
1. The City shall have the right to set up on any permitted or discharging facility such devices as are necessary in the opinion of the City to conduct monitoring and/or sampling of the facility’s stormwater discharge.
2. The City has the right to require the discharger to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
3. During any inspection as provided herein, the Public Works Director or designated staffperson may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities.”
SECTION 2. Title 11-4-8 is hereby amended by deleting it in its entirety and inserting the following in lieu thereof:
“Drainage: The natural drainage shall be used as far as is feasible for the storage and flow of stormwater runoff. The design of any drainage system or stormwater conveyance shall conform to Baxter City Code Section 8-5. These additional requirements shall also apply: A. No existing ditch, stream, drain channel or other stormwater conveyance shall be altered without written permission from the City.
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B. If possible, any necessary drainage ditches should be constructed in a manner to also serve recreational trail use. C. The front setback line of every lot shall be within four feet in elevation of the centerline of the nearest street unless specifically allowed by the zoning administrator.”
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SECTION 2. This ordinance shall be in full force and effect upon its passage and publication according to law. Passed by the Baxter City Council on ____________________, 200817.
CITY OF BAXTER, MINNESOTA
By________________________________ Its Mayor
ATTEST: ___________________________ City Clerk Published in the Brainerd Daily Dispatch on ____________________. THIS DOCUMENT DRAFTED BY: City of Baxter and J. Brad Person Breen & Person, LTD. 510 Laurel Street, Box 472 Brainerd, MN 56401
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CITY OF BAXTER, MINNESOTA ORDINANCE 2017-013
SUMMARY OF ORDINANCE NO. 2017-012
AN ORDINANCE AMENDING THE TEXT OF TITLE 8, CHAPTER 5 OF THE
BAXTER CITY CODE, ENTITLED STORMWATER CONTROL AND REGULATIONS
This ordinance amends the text of the Stormwater Control and Regulations (Title 8, Chapter 5 of the City Code). The purpose of this ordinance is to set stormwater design standards for commercial and residential developments to meet the Minnesota Pollution Control Agency’s Stormwater Pollution Prevention Plan (MS4) requirements. This notice is only a summary. The full text is available for inspection by any person at City Hall during the City Clerk’s regular office hours. Whereupon, said Ordinance is hereby declared adopted on this 21st day of November, 2017.
______________________________ Darrel Olson, Mayor ATTEST: __________________________ Kelly Steele, Assistant City Administrator/Clerk City Seal
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REQUEST FOR COUNCIL ACTION 11/21/17
Department Approval: Finance Director Vacinek Agenda Section: Consent
Approval Required: Simple Majority Vote of the Council
Item Description: Elect Not to Waive the Monetary Limits on Municipal Tort Liability
Established by State Statutes with the 2017 LMCIT Insurance Renewal BACKGROUND Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust (LMCIT) must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The City has elected in the past not to waive the monetary limits on municipal tort liability; however, it is required annually to update the election to ensure the decision is current.
FINANCIAL IMPLICATIONS The decision to waive or not to waive the statutory limits has the following effects: If the City does not waive the statutory tort limits, an individual claimant would be able
to recover no more than $500,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would apply regardless of whether or not the City purchases the optional excess liability coverage. This election limits the City’s exposure as was intended by state laws.
If the City waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $2,000,000 on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $2,000,000, regardless of the number of claimants.
If the City waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants.
Claims to which the statutory municipal tort limits do not apply are not affected by this decision. STAFF RECOMMENDATIONS Finance Director Vacinek recommends the City continue not to waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04 for the City’s 2018 LMCIT insurance renewal. COUNCIL ACTION REQUESTED Motion to elect not to waive the monetary limits on municipal tort liability established by state statues with the 2018 LMCIT insurance renewal.
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CITY OF BAXTER, MINNESOTA
RESOLUTION 2017-111
RESOLUTION APPROVING A LAWFUL GAMBLING PERMIT FOR THE CONFIDENCE LEARNING CENTER
WHEREAS, Confidence Learning Center (“Applicant”) has applied for a lawful gambling permit from the City of Baxter; WHEREAS, no organization shall conduct lawful gambling as defined by the laws of the state without the required state license issued through the gambling control board and as approved by the City of Baxter; WHEREAS, the Baxter Police Department has investigated the facts set out in the Applicants lawful gambling application and has completed a background check on the Applicant; WHEREAS, the Applicant’s lawful gambling permit is subject to the conditions in in City Code 3-6-7 and all other provisions of this chapter and of any other applicable ordinance of the City or state law. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAXTER, MINNESOTA, shall approve the issuance of a lawful gambling permit to the Confidence Learning Center. Whereupon, said Resolution is hereby declared adopted on this 21st day of November 2017
___________________________________ Darrel Olson, Mayor
ATTEST: ____________________________________ City Seal Kelly Steele, City Clerk
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REQUEST FOR COUNCIL ACTION November 21, 2017
Department Origination: Administration Agenda Section: Consent _____________________________________________________________________________ Agenda Item: Approve Amendments to Employee Personnel Policy Approval Required: Simple Majority of Vote of the Council BACKGROUND Amendments are being proposed to five sections of the employee personnel policy. The sections include Section 42 Funeral Leave, Section 44 Family Medical Leave Act, Section 46 Light Duty/Modified Duty, Section 62 Electronic Devices, and Section 65 Travel. The proposed amendments align the policies with collective bargaining agreements, provide clarification, and provide flexibility. The proposed amendment to Section 42 Funeral Leave is to allow employees the use of accrued sick leave to attend the funeral of a grandparent. This amendment will align the personnel policy with the collective bargaining agreements allowing the use of sick leave for attendance at a funeral of a grandparent. The proposed amendment to Section 44 Family Medical Leave Act and Section 46 Light Duty/Modified Duty are lengthy amendments which provide greater clarification to the existing policies. The proposed amendment to Section 62 Electronic Devices provides clarification to use and issuance of a device. The proposed amendment to Section 65 Travel provides clarification to allowable expenses and provides flexibility when traveling to metropolitan areas. FINANCIAL IMPLICATIONS The electronic device allowance has been budgeted. There are no other financial implications with the adoption of the amendments to the personnel policy. STAFF RECOMMENDATION Staff recommends council motion to adopt the proposed amendments to the personnel policy.
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COUNCIL ACTION REQUESTED Motion to adopt amendments to Section 42 Funeral Leave, Section 44 Family and Medical Leave, Section 46 Light Duty/Modified Duty Assignment, Section 62 Electronic Devices, and Section 65 Travel Policy. ATTACHMENT
1. Personnel Policy Amendments
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Section 42: Funeral Leave In the event of death in the immediate family of a regular employee, the employee shall be granted up to three days sick leave with pay. For purposes of the Subsection, “immediate family” shall be construed to mean the employee parent (natural or step parent), spouse, child, brother, sister, ward, or grandparent of the employee or employee’s spouse. or spouse’s parent (natural or step parents). One of the three days shall be day of funeral. The actual amount of time off, and funeral leave approved, will be determined by the supervisor, or City Administrator or City Council depending on individual circumstances such as the closeness of the relative, arrangements to be made, distance to the funeral, etc. Section 44: Family and Medical Leave
General To qualify to take FMLA leave under this policy, an employee must meet all the following conditions:
• Have worked for the City for 12 months (or 52 weeks) prior to the date the leave is to commence. The 12 months or 52 weeks need not have been consecutive; however, the City will not consider any service 7 years prior to the employee’s most recent hire date unless the break was due to National Guard or Reserves military service obligation.
• Have worked at least 1,250 hours during the 12-month period prior to the date when the leave is requested to commence. The principles established under the Fair Labor Standards Act (“FLSA”) determine the number of hours worked by an employee. The 1,250 hours include only on-the-clock hours worked and do not include leave, PTO, or vacation hours.
Types of Leave Covered By FMLAIn accordance with the Family and Medical Leave Act (FMLA) unpaid job protected leave will be granted to all eligible employees (male and female) for up to twelve (12) weeks per twelve (12) month period for any of the following reasons: Leave will be granted to all eligible employees for any of the following reasons: 1. Birth, including prenatal care, or placement of a child with the employee for adoption or
foster care; 2. To care for a spouse, child or parent who has a serious health condition; or 3. A serious health condition that makes the employee unable to perform the essential functions
of the position; 4. A covered military member’s active duty or call to duty or to care for a covered military
member.. In accordance with the law, the following definitions apply: "Caring" for someone includes psychological as well as physical care. It also includes acquiring care and sharing care duties.
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An eligible "child" is defined as a person under 18 years of age (or a person incapable of self-care because of a physical or mental disability) who is a biological, adopted, foster, or step child, a ward of the employee, or a person with whom the employee is charged with a parent's rights, duties and responsibilities. An eligible "parent" includes a biological parent or a person who who stood in the place of a parent. was charged with a parent's rights, duties and responsibilities over the employee when the employee was under the legal age, but doesn't include in-laws.
"Serious health condition" is defined in Federal law, but generally includes incapacity requiring absence from work of more than three (3) days that also involves continuing treatment by a health care provider (includes prenatal care). Means an illness, injury, impairment, or physical or mental condition that involves one of the following:
• Hospital Care: Any period of incapacity or treatment connected with patient care (i.e.,
an overnight stay) in a hospital, hospice, or residential medical care facility; • Pregnancy: Any period of incapacity due to pregnancy, prenatal medical care or child
birth; • Absence Plus Treatment: A period of incapacity of more than three consecutive
calendar days that also involves continuing treatment by or under the supervision of a health care provider.
• Chronic Conditions Requiring Treatments: An incapacity from a chronic condition which requires periodic visits for treatment by a health care provider, continues over an extended period of time, and may cause episodic rather than a continuing period of incapacity;
• Permanent/Long-Term Conditions Requiring Supervision; • Multiple Treatments: Any period of absence to receive multiple treatments (including
any period of recovery therefrom) by a health care provider or by a provider of health care services under order of, or on referral by, a health care provider.
Eligibility An eligible employee is one who has worked for the City for a cumulative period of twelve (12) months and at least 1,250 hours during the twelve (12) month period prior to requesting the leave. Length and Amount of Leave The length of FMLA leave is not to exceed twelve (12) weeks in any twelve (12) month period. The entitlement to FMLA leave for the birth or placement of a child expires twelve (12) months after the birth or placement of that child.
Leave Year The 12-month period is calculated by measuring twelve months backward from the start date of the employee’s last FMLA leave.
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How Leave May Be Taken FMLA leave may be taken for 12 (or less) consecutive weeks, may be used intermittently (a day periodically when needed), or may be used to reduce the workweek or workday, resulting in a reduced hour schedule. In all cases, the leave may not exceed a total of 12 workweeks. Intermittent leave may be taken when medically necessary for the employee’s serious health condition or to care for a seriously ill family member. Intermittent leave must be documented in the medical certification form as medically necessary. If an employee is taking intermittent leave or leave on a reduced schedule for planned medical treatment, the employee must make a reasonable effort to schedule the treatment so as to not disrupt the City’s business. In instances when intermittent or reduced schedule leave for the employee or employee’s family member is foreseeable or is for planned medical treatment, including recovery for a serious health condition, the City may temporarily transfer an employee to an available alternative position with equivalent pay and benefits if the alternative position would better accommodate the intermittent or reduced schedule. Intermittent/reduced scheduled leave may be taken to care for a newborn or newly placed adopted or foster care child only with the City’s approval.
Procedure for requesting Leave and Notice The employee is to give verbal or written notice to his/her supervisor at least thirty (30) days prior to the date on which leave is to begin or if thirty (30) days’ notice cannot be given as much notice as practical. If an employee fails to give thirty (30) day notice for a foreseeable leave with no reasonable explanation for the delay, the leave may be denied until thirty (30) days after the employee provides notice. To the extent possible, planned medical treatment should be scheduled so that it will not unduly disrupt the City's operations. The City requires an employee on FMLA leave to report periodically on the employee’s status and intent to return to work.
Certification and Documentation Requirements Medical Certification For leave due to an employee’s serious health condition or that of an employee’s family member, the City will require the completion of a medical certification form by the attending physician or practioner. The form must be submitted by the employee to the City Administrator within fifteen calendar days after leave is requested. If the form is not submitted in a timely fashion, the employee must provide a reasonable explanation for the delay. Failure to provide medical
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certification may result in a denial or delay of the leave. The employee may be required to provide medical certification to support a request for leave because of the serious health condition of a child, spouse, parent or the employee. The form is to be completed by the attending physician or practitioner and submitted to the City Administrator , designee, or City Council within ten (10) days after requested, or as soon as is reasonably practicable. The City may require a second (or third) opinion at the City's expense. If required, the City will select a health care provider not regularly associated with the City.
Recertification Recertification of leave may be required if the employee requests an extension of the original length approved by the City or if the employee's circumstances regarding the leave have changed. Recertification may also be required if there is a question as to the validity of the certification or if the employee is unable to return to work due to the serious health condition.
Intermittent Leave Leave requested because of a serious health condition of either a family member or the employee may be taken intermittently or on a reduced schedule if medically necessary. All requests for intermittent leave will be evaluated on a case-by-case basis. The City may require the employee to transfer temporarily to an alternative position, with equivalent pay and benefits that better accommodates the intermittent leave than the employee’s regular position.
Fitness for Duty Certification When leave is due to an employee’s own serious health condition, Tthe City may require a medical fitness for duty certificate attesting to the employee's fitness for duty prior to returning to work. The fitness for duty report must be based on the particular health condition(s) for which the leave was approved and must address whether the employee can perform the essential functions of his/her regular job. Failure to timely provide such certification may eliminate or delay an employee’s right to reinstatement under the FMLA. The City Administrator, designee, or City Council may consult with a physician or other expert to determine reasonable accommodations for any employee who is a "qualified disabled" employee under the ADA (Americans with Disabilities Act). If a fitness for duty certification is required, the City may deny reinstatement until it is provided. Job Protection
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Employees returning from Family and Medical Leave will be reinstated in their former position or a position equivalent in pay, benefits and other terms and conditions of employment. An employee's reinstatement rights are the same as they would have been had the employee not been on leave. Thus, if an employee's position would have been eliminated or an employee would have been terminated but for the leave, the employee would not have the right to be reinstated upon return from leave.
Effect on BenefitsGroup Health Insurance and Other Benefits, Concurrent Leave and Substitution of Paid Leave
An employee granted leave under this policy will continue to be covered under the City's group health and dental insurance plan under the same conditions and at the same level of City contribution as would have been provided had they been continuously employed during the leave period. If there are changes in the City's contribution levels while the employee is on leave, those changes will take place as if the employee were still on the job. The employee will be required to continue payment of the employee portion of group insurance coverage while on leave. Arrangements for payment of the employee’s portion of premiums must be made by the employee with the City. The City may choose to continue the City’s portion if administratively more convenient. If an employee's contribution is more than thirty (30) days late, the City may terminate the employee's insurance coverage (subject to COBRA requirements). Arrangements for payment of the employee's portion of premiums must be made by the employee with the City. If an employee's contribution is more than thirty (30) days late, the City may terminate the employee's insurance coverage (subject to COBRA requirements). Any paid leave benefits (long-term disability, compensatory time off, vacation, or sick leave) available to employees for a covered reason (an employee’s serious health condition or a covered family member’s serious health condition, including worker’s compensation leave and Minnesota State Parenting Leave) will run concurrently with FMLA.
Seniority Unless required by a contract provision, Sseniority does not accrue during any period of unpaid FMLA (except as allowed when the leave is covered by worker’s compensation). However, seniority accrued prior to commencement of FMLA leave will not be lost.
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Use of Accrued Paid Leave or Compensatory Time During Family and Medical Leave, employees must use accrued sick leave, vacation leave and compensatory time prior to taking an unpaid leave unless their medical condition/injury is covered by worker’s compensation or the absence qualifies under the state Parental Leave law (see Parenting Leave Policy). FMLA leave counts as continued service for purposes of retirement and/or pension plans.
Records Retention Records on FMLA leave will generally be kept with normal payroll records except that any medical record will be maintained separately as a confidential medical record in accordance with the law.
Failure to Return to Work fFrom FMLA Leave Under certain circumstances, if the employee does not return to work at the end of the FLMA leave for at least 30 calendar days, the City may require the employee to repay the portion of the monthly cost paid by the City for group health plan benefits. The City may also require the employee to repay any amounts the City paid on the employee’s behalf to maintain benefits other than group health plan benefits. Employees who cannot return from an approved FMLA leave at the end of the approved leave period may request an extension (up to the maximum of twelve (12) weeks allowed under FMLA). If the twelve (12) FMLA weeks have already been used, the employee can request to go on a regular unpaid leave of absence. If approved, before unpaid leave begins, the employee must use any accrued sick leave, compensatory time, or vacation leave that remains. If the leave is approved and unpaid, the employee will be required to pay the full cost of all group insurance, as provided under COBRA, in order to continue coverage. If the unpaid leave of absence is not approved or the employee fails to request additional leave, the employee will be considered to have voluntarily resigned. If circumstances beyond the employee's control prevented the employee from requesting additional leave, a retroactive leave request may be allowed, subject to the City Council’s approval. If an employee fails to return from an FMLA leave and is determined to have voluntarily quit as described above, the City may seek reimbursement from the employee for the portion of the insurance premiums paid by the City on behalf of that employee during the period of leave.
Section 46: Light Duty/Modified Duty Assignment This policy is to establish guidelines for temporary assignment of work to temporarily disabled employees who are medically unable to perform their regular work duties. Light duty is evaluated by the City Administrator or City CouncilThe City Administrator or City Council
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evaluates light duty on a case-by-case basis. This policy does not guarantee assignment to light duty. Such assignments are for short-term, temporary disability-type purposes; assignment of light duty is at the discretion of the City Administrator or City Council. The City Administrator or City Council reserves the right to determine when and if light duty work will be assigned. When an employee is unable to perform the essential requirements of his/her job due to a temporary disability, he/she will notify the supervisor in writing as to the nature and extent of the disability and the reason why he/she is unable to perform the essential functions, duties, and requirements of the position. This notice must be accompanied by a physician's report containing a diagnosis, current treatment, and any work restrictions related to the temporary disability. The notice must include the expected time frame regarding return to work with no restrictions, meeting all essential requirements and functions of the City's job description along with a written request for light duty. Upon receipt of the written request, the supervisor is to forward a copy of the report to the City Administrator. The City may require a medical exam conducted by a physician selected by the City to verify the diagnosis, current treatment, expected length of temporary disability, and work restrictions. It is at the discretion of the City Administrator or City Council whether or not to assign light duty work to the employee. Although this policy is handled on a case-by-case basis, light duty will not generally be approved beyond six months. If the City offers a light duty assignment to an employee who is out on worker’s compensation leave, the employee may be subject to penalties if he/she refuses such work. The City will not, however, require an employee who is otherwise qualified for protection under the Family and Medical Leave Act to accept a light duty assignment. The circumstances of each disabled employee performing light duty work will be reviewed regularly. Any light duty/modified work assignment may be discontinued at any time. Section 65: Mileage, Travel and Conferences Travel Policy All persons conducting official City business are expected to show good judgment in the nature and amount of expenses incurred while conducting City business. The employee will be responsible for any additional costs exceeding the business purpose related expenses. Transportation. The City of Baxter will reimburse employees and City officials who are required to use his/her personal vehicles on City business. The mileage rate shall be paid as per current IRS standard mileage rate. Payment of mileage will be based on the most direct route from the point of departure to the point of destination. If an employee leaves from an alternate point of origin (such as the employee’s residence), the employee shall claim the shorter of the distance from City Hall (or Public Works Facility) to the destination or the alternate point of origin to the destination. All employees shall submit a written request to the Department Head for approval prior to using his/her personal vehicle on City business.
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Due to potential liability consideration, transportation of persons not on official City business is prohibited in City vehicles. The City is not responsible for damage to personal vehicles while on official business, as the employee’s vehicle is not covered by the City’s insurance coverage. Lodging. Hotel accommodations should be appropriate to the purposes of the trip. Expenses that are not deemed reasonable and necessary shall not be reimbursed. Some non-reimbursable examples are: hotel room movies, fees to use the hotel’s health club, dry cleaning, valet parking, and personal items (such as toothpaste, shampoo, etc.). City Reimbursement of Meal Expenses. Meal expenses shall be reimbursed based on the current Federal Meals and Incidental Expense (M&IE) rates in place at the time of travel for the location of travel. Federal M&IE rates can be found on the City’s intranet.
1. The employee is entitled to reimbursement of actual meal expenses, up to the amount allowed for each meal listed under the current Federal M&IE for the location of travel, after submitting actual itemized receipts.
2. The meal reimbursement includes the cost of the meal, sales tax, and reasonable gratuity. 3. Credit card receipts showing the meal amount without itemization of the purchase is not
sufficient; a detailed receipt is required. 4. No reimbursement is authorized for a meal that otherwise would have been provided by
the meeting/training event. 5. When available, the assigned City purchasing card should be used for these types of
activities. 6. All meal reimbursements require supporting description of the business purpose of the
meeting/training, date, location, and the names of those covered by the meal reimbursement.
7. Alcoholic beverages are not reimbursable. 8. Per IRS regulations, meal reimbursements for non-overnight travel are taxable.
Other. Falsification of travel documents/expenses reporting, resulting in overpayment of the City’s assents, may be cause for disciplinary action. It is the employee’s responsibility to:
• Maintain accurate records;
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• Make a conscious effort to minimize expenses while maintaining an adequate level of comfort and convenience; and
• Request reimbursement in an accurate and timely manner, within 60 days or less. Meals not included in a workshop or seminar or where there is travel involved over a meal period, he/she will be reimbursed up to: • Breakfast $10 • Lunch $15 • Dinner $20 Employees shall claim reimbursement only for the amount actually paid for meals, not to exceed the maximum rates set forth and in compliance with the following guidelines: 1. All meals will require an itemized receipt supporting the expenditure. Credit card
receipts stating the amount without itemization of the purchase is not sufficient. 1. All meals require a supporting description including the business purpose of the meeting,
date, location, and the names of those covered by the meal expense. 2. Cost of the meal, sales tax, and a reasonable gratuity will be reimbursed up to the meal
maximum rates as defined by policy. 3. Alcoholic beverages are not reimbursable.
Time spent traveling to and from, as well as time spent attending a training session or conference, will be compensated in accordance with the federal Fair Labor Standards Act. City employees shall receive prior written approval from the City Administrator for all overnight travel. and conferences.
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Section 62: Electronic Devices This policy is intended to define acceptable and unacceptable uses of cellular phones, notebooks and other electronic devices. Its application is to insure that usage is consistent with the best interests of the City without unnecessary restrictions of employees in the conduct of their duties. This policy will be implemented to prevent the improper use or abuse of cellular phones, notebooks, and other electronic devices to ensure that City employees exercise the highest standards of propriety in their use.
Cellular telephones are intended for the use of City employees in the conduct of their work for the City. Supervisors are responsible for the cellular telephones assigned to their employees and will exercise discretion in their use. Nothing in this policy will limit supervisor discretion to allow reasonable and prudent personal use of such telephones or equipment provided that:
• Its use in no way limits the conduct of work of the employee or other employees. • No personal profit is gained or outside employment is served.
A supervisor may authorize an employee to use his/her own personal phone for City business and be reimbursed by the City for those calls. Supervisors may also prohibit employees from carrying their own personal cell phones during working hours if it interferes with the performance of their job duties.
Purpose:
This policy defines acceptable and unacceptable uses of wireless communication devices to ensure such usage is consistent in the best interest of the City without unnecessary restriction of employees in the conduct of their duties. This policy has been implemented to prevent improper use or abuse of wireless communication devices, ensure city employees exercise the highest standards of care with property in their use and provide a layer of security when accessing City data from a mobile device. It is the objective of the City of Baxter to prevent and correct any abuse or misuse of wireless communication devices through the application of this policy. Employees who abuse or misuse such devices may be subject to disciplinary action under the personnel policy or a collective bargaining agreement.
Policy:
Based on business need, the Department Director or designee will determine which full-time positions in the department require a wireless communications device and whether the needs are best served through the allocation of a city-owned wireless communications device or through authorizing an employee to use his/her own personal device for City business, for which he/she will receive a reimbursementan allowance by the City as outlined below. Some of those needs include, but are not limited to:
When safety of self or others may be of concern
To provide immediate communication with staff in the department and other agencies, as required, to coordinate programs or to provide customer service
To retrieve messages from voice mail while working in the community
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To contact customers provide customer service in situations where a land line is not available
In personal emergencies including unexpected illness, car trouble, inclement weather, etc.
When the employee’s main work location is in the field where land lines are not available
When on call
Employees receiving a cell phone allowancereimbursement will be paid a rate of $30 per month. Employees requiring a smart phone device will be paid a rate of $50 per month. Employees on the allowancereimbursement method shall provide proof that they have a wireless device by providing a copy of their cellular service bill upon request.
Should the employee The decision by the Department Director for an employee to receive a city issued wireless device or elect use a personal wireless device, must remain unchanged for one year.the employee must keep the election for one year.
Information related to the use of a personal device for City business may be government data. However, it may be considered personnel data which is classified as private data on an individual, but pursuant to court order.
Employees receiving either a city-purchased wireless communications device or personal wireless device reimbursement are subject to the following requirements:
The wireless communications device must be available for use during all hours of work and when the employee is subject to call.
Use of the device must not provide a distraction to the employee during work hours. This includes limiting personal use during work hours and setting the wireless communications device to a “silent alert” mode during meetings and other times that an interruption is undesirable.
All employees must follow federal, local and state laws pertaining to wireless device use (texting, emailing and voice communications) while driving a motor vehicle.
Adequate security for the device must be provided by the employee to prevent unauthorized users from finding client/work-related information stored in the device’s memory.
All employees must notify IT immediately if a device becomes lost, stolen or otherwise compromised.
Use of public resources, as it relates to this policy, by City employees for personal gain and/or private use including, but not limited to, outside employment or political campaign purposes, is prohibited and punishable by
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disciplinary action which may include termination and/or criminal prosecution, depending on the nature and severity of the transgression.
Personal use of a City-provided cellular phone is not allowed, except in case of emergency calls to 911 or in personal emergencies including unexpected illness, car trouble, inclement weather, etc.
All City provided cellular phone devices may be audited periodically to ensure they are being utilized for City business.
All employees with a City provided cellular device required to travel internationally with their device must notify ITMIS (Should this be “IT”?) to apply an international service plan.
Employee must record a voicemail greeting appropriate for a professional environment.
Smart Phone and Data Devices Provisions: All City provided devices and any personal devices that are capable of or used with City purchased downloadable apps or have access into the City network or store/access City data must be enrolled in the Mobile Device Management software administered by IT. This allows the device to adhere to approved security policies and enables a remote wipe of the device should it become compromised including but not limited to the device being lost, stolen or following employee termination. Any personal device used for data connection must be approved and tested by IT.
City purchased apps must be approved by the department director or designee in conjunction with IT and will be added to the approved apps in the Enterprise Mobile Management software.
The Department Director may require you to document/identify all calls made during a billing period if you have exceeded your allotted minutes on a City-owned wireless device. If personal use is excessive, the City may require reimbursement of charges. Examples of personal use include, but are not limited to; international texting, international data, excessive date, call minute overages, etc.
If the City becomes aware of excessive personal use, your City-provided wireless devicse may be taken away, and you will be required to reimburse the City for the cost of excessive usage. You are expected to exercise good judgement and professionalism with regard to your use of a City-provided cell phone. You must reimburse the City for personal long distance use and all personal roaming charges by identifying these charges on the cell phone bill and making payment to the Finance Department.
RESPONSIBILITY: The IT department will have primary responsibility for implementation and coordination of this policy as well as defining the standards for cellular phone carrier, plans and phones for city issued devices. All department heads and supervisors will be responsible for enforcement within their departments and divisions.
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PLANNING & ZONING COMMISSION MINUTES
November 14, 2017 - 6:00 p.m. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 6:00 p.m. MEMBERS PRESENT:, Commissioner Gwen Carleton, Howie Oswald and Council Liaison Steve Barrows MEMBERS ABSENT: Chair Bob Kinzel and Steve Lund STAFF PRESENT: CD Director Josh Doty, Planner Matthew Gindele and Administrator Brad Chapulis OTHERS PRESENT: Kevin Bartolic, Joe Rodolph and Scott Hedland APPROVAL OF MINUTES MOTION by Commissioner Carleton, seconded by Commissioner Oswald to approve the minutes from the October 10, 2017 meeting as presented. Motion carried unanimously. PUBLIC HEARINGS
All items under old and new business items will go to City Council on November 21, 2017 if not tabled, continued or otherwise noted.
Acting Chair/Council Liaison Barrows stated that this Commission is advisory and the final approval/denial is given at the City Council Meeting on November 21, 2017 at 7:00 pm. OLD BUSINESS None NEW BUSINESS 1. PUBLIC HEARING. Conditional Use Permits to allow an expansion of the garden center and
equipment sales yard and to allow a new accessory warehouse and shipping building and Variances for minimum parking for the site, architectural requirements, setbacks and placement forward of the principal structure for the accessory structure, and for existing site non-conformities for Menards Located at 15236 Dellwood Drive. (Lot 1, Block 1, Menard Second Addition) (City file 17-27)
Requested by: Tyler Edwards – Real Estate Rep Menard, Inc., 5101 Menard Drive, Eau Claire, WI 54703
Acting Chair/Council Liaison Barrows asked CD Director Doty to start with the staff report. CD Director Doty stated that the applicant has asked to have this application tabled to the December 12, 2017 meeting. CD Director Doty asked that the Commission open the hearing being it has been published in the paper. Acting Chair/Council Liaison Barrows opened the public hearing. Motion by Commissioner Carleton, second by Commissioner Oswald to table the conditional use permits to allow an expansion of the garden center and equipment sales yard and to allow a new accessory warehouse and shipping building and variances for minimum parking for the site, architectural requirements, setbacks and placement forward of the principal structure for the accessory structure, and for existing site non-conformities
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for Menards Located at 15236 Dellwood Drive until the December 12, 2017 meeting as requested by the applicant. Motion carried unanimously. 2. PUBLIC HEARING. Preliminary and Final Plat named “Fifth Addition to Baxter Industrial Park Phase
3” to allow a re-plat of First Addition to Baxter Industrial Park Phase 3 and an Interim Use Permit to allow temporary approval of existing site improvements on Lot 3. (Lots 1-5, Block 1, First Addition to Baxter Industrial Park, Phase 3) (City file 17-42)
Requested by: City of Baxter, 13190 Memorywood Drive, Baxter, MN 56425
Acting Chair/Council Liaison Barrows asked CD Director Doty to start with the staff report. CD Director Doty stated the City of Baxter is requesting approval of a preliminary and final plat to named “Fifth Addition to Baxter Industrial Park Phase 3” to allow a re-plat of First Addition to Baxter Industrial Park Phase 3 and an Interim Use Permit to allow temporary approval of existing site improvements on Lot 3. The plat would include two lots to be consolidated into one lot and lot line adjustments between the City of Baxter, T & E Properties and Clough Properties. The consolidated and adjusted lot lines would allow the City to exchange properties T & E Properties and would the Clough Properties, LLC to accept additional property to the south of their site in exchange for right-of-way to the City for Cypress Drive. CD Director Doty reviewed the location and rearrangement of the lots in his power point presentation. He indicated that no park fees will be collected. CD Director Doty explained the interim use permit would approve temporary encroachments (signs and landscaping) into the new City right-of-way along Cypress Drive for Clough Properties until such time that the City moves forward with the roadway expansion project for Cypress Drive. CD Director Doty stated that staff is recommending approval of this application with the findings and conditions in the resolution provided by staff. Acting Chair/Council Liaison Barrows opened the public hearing. Acting Chair/Council Liaison Barrows asked if the land exchange was close to being the same amount of land. CD Director Doty stated that with the 20 feet right of way and land it would be close. Administrator Chapulis stated that this fell into place when Lindar decided to expand. He reviewed the rough construction schedule for the road construction through 2020. He indicated that this worked out better than buying the right of way from the property owners. Acting Chair/Council Liaison Barrows then closed the public hearing. Motion by Commissioner Oswald, seconded by Commissioner Carleton to recommend the City Council approve the Preliminary and Final Plat named “Fifth Addition to Baxter Industrial Park Phase 3” to allow a re-plat of First Addition to Baxter Industrial Park Phase 3 and an Interim Use Permit to allow temporary approval of existing site improvements on Lot 3. (Lots 1-5, Block 1, First Addition to Baxter Industrial Park, Phase 3) as presented by staff in the draft resolution. . 3. PUBLIC HEARING. Variances to the drive isle and parking lot setback requirements for Super 1 Foods
located at 7895 Excelsior Rd. (Lot 1, Block 1, Miner’s Addition to Baxter, according to the plat thereof, Crow Wing County, Minnesota, And, that part of vacated Fairview Drive) (Full Legal Available at City Hall) (City file 17-43)
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Requested by: Short Elliot Hendrickson, Inc., 416 South 6th Street, Suite 200, Brainerd, MN 56401
Acting Chair/Council Liaison Barrows asked Planner Gindele for the staff report. Planner Gindele stated both of the remaining applications are being driven due to the Cypress Road project. Planner Gindele stated the applicant is requesting approval of variances to allow a 2-foot drive isle setback on the east side of the property, a 6.4-foot parking setback in the northeast corner of the property and a 6.2-foot parking setback in the southwest corner for property located at 7895 Excelsior Road. He reviewed a site plan with the Commission in a power point presentation. The conditions are unique to the parcel of the land and were not created by the property owner. The need for the variances is due to the fact that the City is acquiring additional ROW for the future expansion of Cypress Drive. Planner Gindele stated that staff is recommending approval with the findings and conditions in the draft resolution. Acting Chair/Council Liaison Barrows opened the public hearing. Acting Chair/Council Liaison Barrows stated the staff and the Miner’s (Super One owners) have worked well together on this project. Acting Chair/Council Liaison Barrows then closed the public hearing. Motion by Commissioner Carleton, second by Commissioner Oswald to recommend the City Council approve the Variances to the drive isle and parking lot setback requirements for Super 1 Foods located at 7895 Excelsior Rd. as presented by staff in the draft resolution. Motion carried unanimously. 4. PUBLIC HEARING. Preliminary and Final Plat of Vitale Industrial Park and a Variance to the front
yard setback for an existing structure located at 13525 Cypress Drive. (E ½ of SE ¼ of SE ¼ of NW ¼ Section 8, Township 133 North, Range 28 West, Crow Wing County, Minnesota) (City file 17-44)
Requested by: Short Elliot Hendrickson, Inc., 416 South 6th Street, Suite 200, Brainerd, MN 56401
Acting Chair/Council Liaison Barrows asked Planner Gindele to review the staff report. Planner Gindele stated this applicant is requesting approval of a preliminary and final plat named “Vitale Industrial Park” to split one lot into two parcels and to dedicate ROW for the expansion of Cypress Drive and a variance to allow an existing structure to be located within the front yard setback to Cypress Drive for property located at 13525 Cypress Drive. Planner Gindele stated the proposed plat includes a dedication of ROW to the City to allow for the expansion of Cypress Drive. The City is not requesting any additional ROW beyond what is shown in the proposed plat. Currently no park dedication is required at this time. However, it should be noted that park dedication will be required to be paid on the out lot at time of development after it is platted into a buildable lot. The Industrial district requires a minimum front yard setback of 35 feet from the property line. The existing structure currently has a 40-foot setback from the property line. However, with the dedication of the additional ROW to the City for Cypress Drive, the existing setback is proposed to be reduced to 22.2 feet thus requiring the variance.
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Planner Gindele stated that the conditions are unique to the parcel of the land and were not created by the property owner. The existing structures meet the required setbacks. The variance is only needed due to the fact that the City is acquiring additional ROW for the future expansion of Cypress Drive. Planner Gindele reviewed the site with the Commission and stated that staff is recommending approval of the Preliminary/Final Plat and the variance as presented with the exception that condition number two be removed from the variance resolution. Acting Chair/Council Liaison Barrows opened the public hearing. Commissioner Carleton confirmed that the variance resolution number two should be removed. Planner Gindele confirmed that condition should be removed. Acting Chair/Council Liaison Barrows then closed the public hearing. Motion by Commissioner Carleton, second by Commissioner Oswald to recommend the City Council approve the Preliminary and Final Plat of Vitale Industrial Park and a Variance to the front yard setback for an existing structure located at 13525 Cypress Drive as presented by staff with the exception that condition number two be stuck from the variance resolution. Motion carried unanimously. OTHER BUSINESS CD Director Doty informed the Commission that there will be a few ordinance amendments at the next meeting. Next meeting is December 12, 2017 at 6:00 pm. ADJOURNMENT MOTION by Commissioner Oswald, seconded by Commissioner Carleton to adjourn the meeting at 6:31 p.m. Motion carried unanimously. Approved by: Submitted by:
________________________________ Acting Chair/Council Liaison Barrows Shanna Newman CD Administrative Assistant
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REQUEST FOR COUNCIL ACTION 11/21/17
Department Approval: Finance Director Vacinek Agenda Section: Consent
Approval Required: Simple Majority Vote of the Council Item Description: Authorize Execution of a Utility Connection Assessment Agreement for
Lot 1, Block 1 Wilson Estates BACKGROUND A leak in Jeremy Savaloja’s privately owned and maintained sanitary sewer line at 5698 Clearwater Road resulted in standing sewage along the Clearwater Road right-of-way. The City of Baxter provided the property owner with notice of the owner’s responsibility to correct the leak, but Mr. Savaloja failed to fix the leak in a timely manner. As a result, to address the public health and safety concerns, a complaint was filed in Crow Wing County District Court to remedy the health and safety concerns by repairing the sewer connection and assessing the costs back to the property, as provided for by city ordinances and state statutes.
Since the notice, the property owner hired a contractor to fix the private sewer connection, but to ensure the repairs were done safely, required city assistance with the onsite dewatering of the trench. The property owner now is unable to pay all the city costs that were incurred for the dewatering, inspections, and legal fees associated with the repairs. The attached agreement was prepared to finance the repairs on behalf of the property owner through a special assessment against the property, ensuring the city costs are reimbursed. If the assessment agreement is not executed, the city will collect the outstanding charges through the abatement process. FINANCIAL IMPLICATIONS As recognized on the City’s fee schedule, an administrative fee of $150 to draft and record the agreement will be charged. Initial funding for the contractor dewatering, legal, and other costs will come from the sewer enterprise fund. The sewer fund will be reimbursed as the special assessments are collected.
The sewer connection repair will be assessed against the property as a pending assessment in 2017 and collected with the property taxes over the next five years, beginning with taxes payable in 2018 with accrued interest through the end of 2017. Based upon a 2017 assessment commencing in 2018, the total assessment is $11,132.75. If the assessment is not certified until 2018, the assessment with accrued interest will be $11,906.11 and will commence in 2019. STAFF RECOMMENDATION Finance Director Vacinek recommends approval of the attached agreement for Lot 1, Block 1 Wilson Estates for the private sanitary sewer line repairs. COUNCIL ACTION REQUESTED Motion to approve the utility connection agreement for Lot 1, Block 1 Wilson Estates, per the terms and conditions outlined in the attached agreement. ATTACHMENT Assessment Agreement
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AGREEMENT THIS AGREEMENT, made and entered into this ___ day of __________, 2017, by and between the City of Baxter, party of the first part, hereinafter referred to as the “City” and Jeremy Savaloja, party of the second part, hereinafter referred to as the “Homeowner”. WITNESSETH: WHEREAS, Homeowner is the owner and taxpayer of the following parcel, hereinafter referred to as the “Parcel”, located at 5698 Clearwater Road in the City of Baxter, Crow Wing County, Minnesota:
Lot 1, Block 1 Wilson Estates
WHEREAS, Minnesota Statute Section 412.321 authorized the City to make all necessary rules and regulations for the construction, operation, and maintenance of municipal utilities; and WHEREAS, Minnesota Statute Section 444.075 authorizes the City to provide for use, availability, and connection charges for municipal water and sewer facilities and to levy assessments for these charges to be collected together with real estate taxes; and WHEREAS, pursuant to said statutory authority, the City duly adopted municipal Ordinance Numbers 8-1-10 and 8-2-3 on public water facilities and public sewer facilities, respectively, requiring residents to connect to city water and sewer and maintain said connections in a safe manner; and WHEREAS, there is a leak in the private line on the Homeowner’s Parcel that connects to the City sewer line, herein after referred to as “Sewer Leak”, and said Sewer Leak has resulted in standing sewage along the City right-of-way; and WHEREAS, the City has complied with the notice and other provisions of said ordinances to properly notify the Homeowner to correct the Sewer Leak immediately, but the Sewer Leak was not fixed; and WHEREAS, the City filed a Complaint in Crow Wing County District Court on October 17, 2017 to remedy the health and safety concerns of the Sewer Leak; and WHEREAS, Homeowner has since hired a contractor to fix the Sewer Leak; and WHEREAS, in the interest of public health and safety, the City obtained dewatering services from Pratt’s Affordable Excavating, Inc., hereinafter referred to as “Contractor”, on behalf of the Homeowner to assist the Homeowner’s contractor with dewatering the sewer trench safely; and WHEREAS, Homeowner has granted the City a temporary construction easement to the City so the city sanitary sewer connected to the home located on the above described real estate could be repaired; and
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WHEREAS, Homeowner will be responsible for payment to the contractor hired by the Homeowner; and WHEREAS, Homeowner has requested an assessment agreement, hereinafter referred to a “Agreement”, to finance the $8,800 Contractor dewatering costs, $1,786 legal costs, and $312 inspection costs initially incurred and paid by the City on behalf of the Homeowner related to the Sewer Leak. In addition to these costs, the City shall require a $150 administrative fee and interest capitalized until this assessment is on the tax rolls in 2018; and WHEREAS, pursuant to Baxter City Code Section 8-1-10(D) and 8-2-3-(D) (4), the City has the authority to assess the cost of this sewer repair to real estate described above and the Homeowner hereby acknowledges and agrees to an assessment of $11,132.75 for the sanitary sewer connection charges based upon costs identified in the preceding paragraph and capitalized interest for 2017 over a seven-year period commencing in 2018, if the Agreement is executed by November 22, 2017. After November 22, 2017, the assessment amount is $11,906.11 with capitalized interest for 2018 and the assessment will be collected over a six-year period. NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows:
1) Homeowner hereby agrees to the sanitary sewer repairs as set forth above and grants the City a temporary construction easement to complete the improvement. Homeowner also acknowledges this completed work does not include any turf restoration by the City, nor does it reimburse Homeowner for any other landscaping that needs to be removed to complete these improvements. Homeowner also agrees to be responsible for the restoration, per city specifications, of any city right-of-way disturbed by the Sewer Repair either through a private contractor’s bid or directly by the Homeowner. 2) Homeowner agrees to pay, in addition to the actual monthly water and sanitary sewer utility bill, an assessment of $11,132.75, based upon the Contractor, legal, and inspection costs, administrative fee, and capitalized interest. This assessment shall be amortized over seven years with interest accruing at 7.00%, the payment being due with the Homeowner’s first installment of real estate taxes payable in 2018, provided the Agreement is executed and returned to the City by November 22, 2017. If the Agreement is executed and returned after November 22, 2017, the Homeowner agrees to an assessment of $11,906.11 with capitalized 2018 interest amortized over six years with interest accruing at 7.00%. 3) The City is hereby authorized to certify the assessments to the County Auditor for collection against the real estate along with property taxes at the interest rates set forth in paragraph 2 above. This certification may be done by the City without further notice or consent of the Homeowner. 4) Upon execution of this Agreement, the City will dismiss the Complaint filed in Crow Wing County District Court against the Homeowner.
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5) This Agreement is a covenant and agreement which shall run with the land and bind the heirs, successors and assigns of the parties hereto as fully as the parties themselves are bound.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first written.
CITY OF BAXTER: By:__________________________ Darrel L. Olson Its Mayor
Attest:_____________________________ Kelly Steele, Its City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF CROW WING ) The foregoing instrument was acknowledged before me this ___ day of _____________, 2017, by Darrel Olson and Kelly Steele, the Mayor and City Clerk of the City of Baxter, a municipal corporation under the laws of Minnesota, on behalf of the corporation. ___________________________________ Notary Public
City Signature Page:
5698 Clearwater Road Assessment Agreement between City of Baxter and Jeremy Savaloja
HOMEOWNER: By: ______________________________ Jeremy Savaloja STATE OF MINNESOTA ) ) ss. COUNTY OF CROW WING ) The foregoing instrument was acknowledged before me this ______ day of ______________, 2017, by Jeremy Savaloja. ___________________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY AND RETURN TO: City of Baxter Department of Finance 13190 Memorywood Drive P.O. Box 2626 Baxter, MN 56425 218.454.5100
Homeowner Signature Page: 5698 Clearwater Road Assessment Agreement between City of Baxter and Jeremy Savaloja
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REQUEST FOR COUNCIL ACTION 11/21/17
Department Approval: Finance Director Vacinek Agenda Section: Other Business
Approval Required: Simple Majority Vote of the Council
Item Description: Certification of Delinquent Utility Bills, Invoices, and Abatement Charges
- Hold Public Hearing at 7:00 p.m. or shortly thereafter - Adopt Resolution 2017-110, Adopting Assessments for Unpaid
Delinquent Utility Bills, Invoices, and Abatement Charges
BACKGROUND Historically, the city has certified unpaid, delinquent utility bills to the property owner’s property taxes twice per year for collection the following year as authorized under state law. In addition, the city certifies unpaid services related to the rental inspection program and other outstanding nuisance abatements charges. As required, a notice of the public hearing when the certification will be considered is sent to the property owner. After holding the public hearing, the council considers adopting a resolution (see attached) to certify the outstanding delinquent balance with accrued interest and fees to the following year’s property taxes. The listing of outstanding, delinquent accounts and invoices will be updated prior to the public hearing. An updated list will be distributed at the public hearing. FINANCIAL IMPLICATIONS Certifying the unpaid, delinquent utility bills and outstanding charges to the related parcel’s property taxes ensures the city collects for services provided and water, sewer, and storm water enterprise charges, along with sales tax and other state fees the city is required to collect and remit to the state. User charges are necessary to finance the ongoing operations, debt service, and capital costs of each of the city’s three enterprise funds. STAFF RECOMMENDATIONS Finance Director Vacinek recommends holding the public hearing for the certification of the abatement invoices and delinquent city utility bills for usage through July 2017. Upon completion of the public hearing, it is further recommended to adopt the attached resolution certifying the unpaid delinquent utility bills and invoices to the 2018 property taxes of the respective parcels. COUNCIL ACTION REQUESTED Hold Public Hearing for the Certification of Delinquent Utility Bills, Invoices, and
Abatement Charges at 7:00 p.m. or shortly, thereafter. Adopt Resolution 2017-110, Adopting Assessments for Unpaid Delinquent Utility Bills,
Invoices, and Abatement Charges for Collection with the 2018 Property Taxes
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EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF
BAXTER, MINNESOTA
HELD: November 21, 2017
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Baxter, Minnesota, was duly called and held at the City Hall in said city on the 21st day of November, 2017, at 7:00 o’clock P.M.
The following members were present: ____________________________
and the following were absent: _______________.
Member ___________ introduced the following resolution, and moved its adoption:
RESOLUTION NO. 2017-110
A RESOLUTION ADOPTING ASSESSMENTS FOR UNPAID DELINQUENT UTILITY BILLS, INVOICES, AND ABATEMENT CHARGES
WHEREAS, pursuant to proper notice duly given as required by law, the City Council (the “City Council” of the City of Baxter (the “City”) has met, heard, and passed upon all objections to the proposed assessments for unpaid charges for municipal fees and utilities; and WHEREAS, the amounts of bad debt have been minimized through diligent collection efforts by staff. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Baxter, Minnesota:
1. Such proposed assessment for unpaid charges, a copy of which is hereby attached as Exhibit 1 and made a part hereof, is hereby accepted and shall constitute the assessments against the lands named herein, along with accrued late fees, interest, and certification charges.
2. Such assessment shall be payable over a period of one year on or before the first Monday in January.
3. The owner of the property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to date of payment, to the City Director of Finance, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution. The taxpayer may at any time thereafter, but prior to December 31 of the current year, pay to the City Director of Finance the entire amount of the assessment remaining unpaid, with accrued interest and other charges. Such payment must be made before December 31, 2017, or the assessment will be certified for collection on the following year’s property taxes with interest for the entire year.
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4. The Finance Director/Deputy Clerk shall forthwith transmit a certified copy of this
assessment roll to the County Auditor to be extended on the property tax lists of the county and such assessments shall be collected and paid over in the same manner as property taxes collected in 2018 with interest at 7.0% per annum and a certification fee of $25 per unpaid bill assessed.
The motion for the adoption of the foregoing resolution was duly seconded by member
______, and upon a vote being taken thereon, the following voted in favor thereof: __________________
and the following voted against the same: _______. Whereupon said resolution was declared to have been duly passed and adopted.
STATE OF MINNESOTA COUNTY OF CROW WING CITY OF BAXTER I, the undersigned, being the duly qualified and acting Deputy Clerk of the City of Baxter, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in the office of the City Clerk, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to the certification of delinquent utility bills, invoices, and abatement charges for 2017 of said City. WITNESS my hand this 21st day of November, 2017. __________________________
Jeremy S. Vacinek Finance Director/Deputy Clerk
EXHIBIT 1 – Delinquent Utility Bills, Invoices, and Abatement Charges (to be Distributed at the November 21, 2017 Public Hearing) STATE OF MINNESOTA ) COUNTY OF CROW WING ) ss. Authenticating Certificate CITY OF BAXTER )
I, the undersigned, being the duly qualified Deputy City Clerk of the City of Baxter, certify the attached Resolution of the City Council adopting an assessment for unpaid charges under Sections 4-4-6, 8-1-9, 8-2-14, 8-4-4 and 9-6-6E of the City Code, is a true copy of the original, of which is on file at the City of Baxter. Dated this 21st day of November, 2017.
__________________________ Jeremy S. Vacinek Finance Director/Deputy Clerk
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CITY OF BAXTER, MINNESOTA RESOLUTION 2017-112
RESOLUTION VACATING PROPERTY
WHEREAS, due and proper published and posted and mailed notice of public hearing has been given by the City as required by law; and WHEREAS, after a public hearing held on this date, the City Council finds that it is in the public interest to vacate the property as hereinafter described. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City of Baxter, Minnesota, as follows:
That certain property described as follows is hereby vacated:
That part of Fairview Drive, a dedicated right of way, MINER’S ADDITION TO BAXTER, according to the recorded plat thereof, Crow Wing County, Minnesota, described as follows:
Commencing at the southwest corner of Lot 1, Block 1, said plat; thence on an assigned bearing of North 72 degrees 50 minutes 52 seconds East, along the northerly right of way line of said Fairview Drive, a distance of 96.99 feet to the point of beginning of the tract to be herein described; thence continue North 72 degrees 50 minutes 52 seconds East, along said northerly right of way line, a distance of 189.99 feet; thence northeasterly 137.92 feet along a tangential curve, and said northerly right of way line, concave to the northwest, with a radius of 1387.48 feet and a central angle of 05 degrees 41 minutes 43 seconds; thence North 67 degrees 09 minutes 09 seconds East, tangent to said curve and along said northerly right of way line, a distance of 43.00 feet; thence northeasterly 81.71 feet along a tangential curve, and said northerly right of way line, concave to the southeast, with a radius of 372.03 feet and a central angle of 12 degrees 35 minutes 00 seconds; thence South 02 degrees 44 minutes 13 seconds East 77.55 feet to the southerly right of way line of said Fairview Drive; thence South 72 degrees 53 minutes 44 seconds West, along said southerly right of way line, 432.68 feet to the intersection with a line bearing South 17 degrees 09 minutes 08 seconds East from the point of beginning; thence North 17 degrees 09 minutes 08 seconds West 64.56 feet to the point of beginning. Containing 30,234 square feet, more or less.
Dated at Baxter, Minnesota, the 21st day of November 2017. CITY OF BAXTER, MINNESOTA By____________________________ Darrel Olson, Mayor ATTEST: ___________________________ Kelly Steele, City Clerk
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REQUEST FOR COUNCIL ACTION 11/16/07
Department Approval: Administration Agenda Section: Other Business Item Description: Approval of an LDO Agreement between the City and BLAEDC BACKGROUND A public hearing has been scheduled this evening to allow for public comment on the proposed local development organization (LDO) agreement between the City and Brainerd Lakes Area Economic Development Corporation (BLAEDC). Execution of the agreement would transfer the authority and administration of the City’s $436,511.55 Revolving Loan Fund (RLF) monies to BLAEDC and its Unified Fund (BUF). The City’s RLF funds originated from a federal Community Development Block Grant -Economic Set Aside awarded by the Minnesota Department of Employment and Economic Development (DEED) in 2002, through its Minnesota Investment Fund (MIF) program, to provide a low interest loan to Team Industries. The City was permitted to retain the loan payments to make additional loans to qualified businesses. Since the original loan, the City has made one additional loan in 2010, which was repaid in full in 2013. The lack of utilization of MIF funds are attributable to certain loan conditions (LMI job creation and davis bacon wages for construction) and favorable open market interest rates. These challenges are being experienced statewide. With a considerable amount of MIF funds being “stagnant”, DEED has worked diligently to find ways to remove these barriers/challenges. Their labor resulted with the creation of the LDO model. The LDO model allows the local units of government to transfer its funds to a qualified non-profit economic development corporation to create a regional fund that is to be utilized in similar fashion as it historically has. The difference is that with the transfer, the required loan conditions are removed after each initial loan is repaid. Currently, there is $3+ million dollars held in various economic development accounts with local units of governments and utility providers in the region. Each of these accounts are tied to the community/territory in which they are held. The objective of BUF is to remove these boundaries to create a “one stop shop” for gap financing for existing or new businesses expanding anywhere within the Brainerd Lakes region. Information regarding BUF is attached. A representative from BLAEDC will be in attendance to provide a brief overview of BUF and answer any questions Council may have. FINANCIAL IMPLICATIONS There is no direct financial implication to the City of Baxter with the approval and execution of the LDO agreement as the monies originated from the federal government. With the transfer of the $436,511.55 of MIF RLF funds, the City would be relinquishing the authority and administration of these funds permanently. Please note the transfer of these funds does not
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prohibit the City from seeking MIF funds from DEED for future economic development opportunities. The MIF program is a state/federal funded program that has $12.5 million allocated to it for each of the next two years. STAFF RECOMMENDATIONS Due to the lack of loan activity and the City’s ability to leverage its MIF funds to gain access to an additional $2.5+ million for the business community that it would not otherwise be able to access, staff is supportive of the LDO concept. Furthermore, the establishment of BUF assures that loans will continue to meet the original intent/purpose of the public funds, which is job creation and economic growth/expansion of existing and new businesses. Staff recommends the adoption of the attached resolution and execution of the LDO agreement. COUNCIL ACTION REQUESTED After the closure of the public hearing, Council is requested to adopt the attached resolution and authorize the Mayor to execute the LDO agreement. Council should note that any motion to adopt the resolution will need to include the appointment of the city representative to the BUF Board.
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CITY OF BAXTER, MINNESOTA
RESOLUTION 2017-113 RESOLUTION APPROVING AN AGREEMENT CONCERNING
PARTICIPATION IN THE BLAEDC UNIFIED FUND BETWEEN THE CITY OF BAXTER AND THE BRAINERD LAKES AREA ECONOMIC DEVELOPMENT CORPORATION, AND DESIGNATING THE BRAINERD LAKES AREA ECONOMIC DEVELOPMENT CORPORATION AS THE CITY’S LOCAL DEVELOPMENT ORGANIZATION
BE IT RESOLVED By the City Council ("Council") of the City of Baxter, Minnesota ("City") as follows: Section 1. Recitals. 1.01. The City has previously received grants from the Department of Employment and Economic Development (“DEED”) from federal Community Development Block Grant funds, which the City has utilized to establish a revolving loan fund for economic development purposes (the “Loan Fund”). 1.02. The City and the Brainerd Lakes Area Economic Development Corporation (“BLAEDC") have proposed to enter into an LDO and BLAEDC Unified Fund Participation Agreement in connection with the Loan Fund (the “Agreement”), setting forth the terms and conditions of participation by the City in a pooled revolving loan fund to be known as the BLAEDC Unified Fund (the “BUF”) to be administered by BLAEDC on behalf of local government and other entities in the greater Brainerd Lakes and Cuyuna Lakes area (the “Region”), including the City. The Agreement, along with the BLAEDC Unified Fund Governance Guidelines and Policies governing the BUF (the “Guidelines”), are on file in the offices of the City and available for public inspection. 1.03. Pursuant to the Agreement, the City also proposes to designate BLAEDC as the City’s local development organization (“LDO”) and to appropriate its revolving loan fund to BLAEDC, and BLAEDC covenants to utilize such funds, along with funds contributed by other local entities, to create the BUF and to offer economic development loans to local and regional businesses, subject to the terms of the Agreement and Guidelines. 1.04. Also pursuant to the Agreement and Guidelines, the City will designate an authorized representative to serve as a member of the BUF Council and BUF Loan Committee. 1.05. The Council has reviewed the Agreement and Guidelines and finds that the execution of the Agreement and performance of the City's obligations thereunder are in the public interest and will further the objectives of its general plan of economic development, because it will facilitate marketing and closing of business loans that foster economic development goals for the City and Region. Section 2. City Approval; Further Proceedings.
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2.01. BLAEDC is hereby designated as the LDO for the City. The Agreement as presented to the Council is hereby in all respects approved, subject to approval by DEED and further subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Administrator, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The Mayor and City Administrator are hereby authorized to execute on behalf of the City the Agreement and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City, its obligations thereunder. 2.03. The Council hereby designates ______________________ as the City’s authorized representative to serve on the BUF Council and BUF Loan Committee, as appropriate, on behalf of the City. 2.04. City staff are authorized and directed to take all actions necessary to implement the Agreement. Approved by the City Council of the City of Baxter, Minnesota this 21st day of November, 2017. Darrel Olson, Mayor ATTEST: Kelly Steele City Clerk
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LDO AND BLADC UNIFIED FUND PARTICIPATION AGREEMENT BETWEEN THE CITY OF BAXTER AND THE BRAINERD LAKES AREA DEVELOPMENT
CORPORATION (Federal MIF)
THIS AGREEMENT is entered into this 21st of November, 2017, by the City of Baxter, Minnesota (the “City”) and the Brainerd Lakes Area Development Corporation, a nonprofit corporation serving the economic development needs of the community (“BLADC”), doing business as the Brainerd Lakes Area Economic Development Corporation. WHEREAS, BLADC’s mission is to expand business, build community, and grow jobs, and thereby foster economic development and redevelopment throughout the Brainerd Lakes and Cuyuna Lakes area (the “Area”) and provide streamlined services to potential developers and employers throughout the Area; and WHEREAS, the City was the recipient of grant(s) funded through a Community Development Block Grant – Economic Development Set Aside by the Minnesota Department of Employment and Economic Development (hereafter, “DEED”), and has recouped payments of principal and interest to utilize as revolving loan funds (hereafter, “the Account”); and WHEREAS, BLADC has proposed the establishment of a consolidated revolving loan fund to be known as the BLADC Unified Fund (the “BUF”), made up of multiple revolving loan funds currently administered by individual governmental and utility entities within the Area; and WHEREAS, BLADC has submitted its BLADC Unified Fund Governance Guidelines and Policies (the “Guidelines”) for review by the City, in the form attached to this Agreement as Exhibit A and incorporated herein by reference, and has requested that the City (i) become a member of the BUF subject to the terms of such Guidelines and this Agreement and (ii) designate BLADC as its local development organization (“LDO”) in connection with the Account; and WHEREAS, the City desires to designate BLADC as its LDO pursuant to DEED guidelines and grant the funds in the Account and any outstanding payments of principal and interest to the LDO, and to engage the LDO to administer the Account as part of the BUF; and WHEREAS, BLADC is qualified as a public or private nonprofit organization serving the development needs of the communities of nonentitlement areas as defined by §105 (a) (15) of Title I of the Housing and Community Development Act (the “Act”); and WHEREAS, BLADC’s initial use of the funds from the Account must adhere to all federal and state program and reporting requirements, but after the initial use, loan repayments paid back to a LDO are considered miscellaneous revenue and are, therefore, not subject to federal program income or reporting requirements; and
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WHEREAS, BLADC is subject to audit by the local unit of government until all funds in the Account are considered miscellaneous revenue, and must provide access to all Account and loan records to the City upon request. NOW, THEREFORE, BE IT RESOLVED, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto represent, warrant and agree as follows: 1. All capitalized terms, if not otherwise defined in this Agreement, shall have the meanings provided in the Guidelines. 2. The City hereby designates BLADC as its LDO in connection with the Account. 3. With the Account and all repayments of any outstanding loans from the Account, as well as funds from other participating entities, BLADC will establish and retain the BUF for the benefit of all eligible businesses located within the Area, and will use repayments of all loans made from the BUF to offer additional loans meeting the requirements of the Guidelines and this Agreement. 4. BLADC will administer the full $436,511.55 Account as part of the BUF. BLADC will administer all moneys in the BUF, and subject to the Guidelines and this Agreement, will review applications, make recommendations to the BUF Board and/or BUF Loan Committee (as applicable), make and administer loans to qualifying businesses, and account for all repayments of loans made under the BUF. 5. The City will appoint an authorized representative (the “City Representative”) to the BUF Board and BUF Loan Committee, and the City Representative will participate in the loan application review and approval process. The term of service of the City Representative will be as provided in the Guidelines. 6. The parties expressly agree and acknowledge that the BUF Loan Committee or BUF Board, as applicable, shall have the final authority for making decisions regarding the approval or denial of loan applications for loans using the Account, as provided in the Guidelines, and that neither the City or BLADC individually shall have such authority. 7. BLADC will provide all staff required to perform services under this Agreement. BLADC will appoint BLADC’s Executive Director, who will be responsible for communication with the City Representative and with the governing body of the City, as liaison to the City. 8. BLADC will retain in its possession the principal and interest from the repayment of all loans made from the Account, and will utilize such funds solely for additional BUF loans and reasonable administrative fees as described in Exhibit B. 9. The City may not recall the Account funds from BLADC unless: a. BLADC fails to carry out its obligations to administer the BUF, and/or b. BLADC ceases to exist.
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10. The City will remain responsible for compliance reporting for the Account until the funds are considered miscellaneous revenue. 11. Upon any dissolution of the BUF: (a) private contributions to the BUF shall become the property of BLADC; (b) the commitment of any sources of funds which may not be irrevocably appropriated to the BUF under federal or state law will be terminated; and (c) each participating member will receive an allocation of the total BUF funds that were irrevocably appropriated and that exist at the time of such dissolution, based on the percentage of the BUF represented by such member’s irrevocable Loan Fund contribution and the type of such initial contribution, at the time of such dissolution. If additional members commence participation in the BUF after the initial organizational meeting of the BUF Board, or if existing members make additional contributions, BLADC shall recalculate each member’s percentage of the total BUF pool and present such recalculated percentages to the BUF Board at the next succeeding meeting. 12. The City and BLADC have approved this Agreement by action of their respective governing bodies. IN WITNESS THEREOF, the parties have caused this Agreement to be executed as of the date first written above. BRAINERD LAKES AREA DEVELOPMENT CORPORATION ___________________________ President __________________________ Executive Director
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CITY OF BAXTER, MINNESOTA
___________________________ Mayor ____________________________ Administrator
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EXHIBIT A
Brainerd Lakes Area Economic Development Corporation Unified Fund (BUF)
BLAEDC’s vision is to assemble existing revolving loan fund resources into a “BLAEDC Unified Fund” that will coordinate marketing and management
processes in order to streamline customer-friendly access to financing for businesses and result in the funds being invested in development projects in the
greater Brainerd Lakes and Cuyuna Lakes area. Current Issue – Local revolving loan funds are frequently not tapped by companies for a variety of reasons, including the relatively low balances in each fund, relatively small maximum loan amounts by each entity, complicated and confusing public processes, lack of marketing, and unknown outcomes. The Unified Fund offers several benefits for business including:
• An enhanced understanding and knowledge of available local resources • A streamlined approach to securing financial resources at a local level
(Identical process to tap into all the pools of funds, limited public meetings) • BLAEDC staff support
(Initial contact with companies, vetting financing probability, interaction with decision makers and ability to direct financing process through to completion.)
The Unified Fund offers several benefits for partners including:
• Promotion and marketing of funding pool • Project vetting, loan management, streamlined process • Investment diversification opportunities • Greater likelihood of funds being invested in private sector business projects • Enhanced ability to secure additional resources for economic development
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BLAEDC Unified Fund Governance Guidelines and Policies The primary purpose of the BLAEDC Unified Fund (the “BUF”) is to offer economic development financing for business to enhance the economic base and vitality of the greater Brainerd Lakes and Cuyuna Lakes area (the “Region”). Authority BLAEDC Board of Directors is the governing entity of the BUF program. It has the oversight of the program development, operating guidelines and procedures, loan policies, committee structure, fund management, contractual agreements, insurance and accounting requirements, reporting, compliance with original funding sources, and all aspects of the program. Partner Organizations – Partner organizations and entities are being asked to consider partnering with BLAEDC and the BUF program. They will utilize the BUF program for marketing, vetting, loan packaging, committee review and approval of loans, and loan documentation, collections, and workout.
Note: Consolidated Telephone Communications (CTC) and Crow Wing (CW Power) have revolving loan funds that were capitalized in part by USDA Rural Utility Service (RUS) funds, which require that the revolving loan funds must remain under the control of CTC and CW Power, and which subject the funds to certain federal law requirements, which are available upon request. Once these organizations commit to BUF, they will utilize the BUF program for marketing, vetting, loan packaging, committee review, approval recommendations, and loan documentation, collections, and workout. However, CTC and CW Power will have final approval authority for loans made with RUS funds. Similarly, the Housing and Redevelopment Authority in and for the County of Crow Wing (the Crow Wing HRA) administers a revolving loan fund comprised of tax increment from a decertified Crow Wing County tax increment financing district. State law requires that the Crow Wing HRA retain final approval and state reporting responsibilities with regard to this fund, but like CTC and CW Power, the Crow Wing HRA will utilize the BUF program for marketing, vetting, loan packaging, committee review, approval recommendations, and loan documentation, collections and workout.
Operating Guidelines and Procedures – See Exhibit A. Loan Policies – See Exhibit A. Structure/Organizational Chart BUF Board Members – A standing BUF Board of Directors exists to implement the BUF operating guidelines and procedures and loan policies. The BUF Board members include:
• 2 BLAEDC Board Members • 1 Cuyuna Range Economic Development Inc. (CREDI) Board Member • One designated representative of each entity that has allocated its funds to the
BUF pool, or in the case of RUS- or TIF-funded revolving loan funds, has committed to participate in and utilize the BUF process. The City of Crosslake will also participate as a member of the BUF Board in recognition of its transfer of RUS funds from the former Crosslake Telecommunications Company to the Crow Wing Cooperative Power and Light Company.
Each entity will appoint a designated representative to serve on the BUF Board upon approval of entry into the BUF. The designated representative will serve until the earlier of such representative’s resignation or termination of such representative by the member entity. A new designated representative will be appointed by such entity in a timely manner.
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BUF Board Decision-Making Process and Oversight – The BUF Board’s responsibilities include:
• Implementing the operating guidelines, procedures and loan policies. • Periodically reviewing the operating guidelines, procedures, and loan
policies and approving necessary changes. • Holding 2 standing meetings per year • Holding meetings as needed to review and approve loan applications (or
to recommend approval to CTC and CW Power if RUS funds are proposed, or to Crow Wing HRA if TIF funds are proposed as part of the overall BUF financing structure for a given loan). In the case of loan applications that have been reviewed by the BUF Loan Committee, but for which the BUF Loan Committee has been unable to reach a consensus, the BUF Board shall have final authority to approve or deny such loan applications.
• Supporting the BUF program including fundraising activities and promotion and marketing initiatives.
BUF Loan Committee Members – An ad hoc loan committee will be established in connection with each loan application to make loan decisions as authorized in the operating guidelines and procedures and loan policies. The loan committee members shall include:
• One BLAEDC Board Member • One representative from each proposed loan pool and/or geographic location of
the proposed project, if represented on the BUF Board. • Additional BUF Board members if required to reach a minimum of five BUF Loan
Committee members in connection with consideration of any loan. Additional BUF Board members will be selected on a rotating basis from the membership of the BUF Board.
BUF Loan Committee Decision Making Process and Oversight – The BUF Loan Committee’s responsibilities include:
• Holding meetings as needed to review and approve or deny loan applications (or to recommend approval to CTC and CW Power if RUS funds are proposed, or to Crow Wing HRA if TIF funds are proposed as part of the overall BUF financing structure for a given loan).
• Supporting the BUF program including fundraising activities and promotion and marketing initiatives.
• In the event that the BUF Loan Committee fails to reach a consensus as to approval or denial of a loan application, the application will be presented to the BUF Board as a whole for final determination of approval or denial.
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The BLAEDC Board of Director’s governance of the BUF program will include: Fund Management - As a prudent management practice, BLAEDC will invest funds in risk-free financial instruments such as Certificates of Deposit in Crow Wing County FDIC-insured financial institutions. The economic development opportunities that result from funds being available to our local lenders outweigh the potential of additional interest income that may result from alternative risk investment strategies. Contractual Agreements – BLAEDC will enter into contractual relationships to support the management and operational efficiencies of the program. Insurance – The BUF program will be incorporated into BLAEDC’s insurance policies. Accounting – BLAEDC has an outside accounting firm and will have all financial records included in year-end reporting. Reporting and Compliance – All reporting and compliance reports will be conducted by BLAEDC staff and consultants, with the exception of RUS and TIF reporting. Legal – Legal services will be provided by BLAEDC legal counsel as needed. Notice as to loans made with RUS funds: This institution is an equal opportunity provider and employer. If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at [email protected].
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EXHIBIT A to Guidelines
General Operating Guidelines & Procedures and Loan Policies Eligible Applicants and Costs Eligible Applicants – The BUF program is open to considering all applicants regardless of size or business type, assuming they meet the overall public purpose of private sector investment, job creation and/or retention, and economic growth in the greater Brainerd Lakes and Cuyuna Lakes area (the “Region”). Project Costs – All capital project costs are potentially eligible, assuming they meet the overall public purpose to encourage private sector investment, job creation and/or retention, and economic growth and/or redevelopment in the Region. Loans for working capital are not eligible. “Funding Pool Specific” Eligible Projects, Costs and Other Items The BUF program is a consortium of many funding pools that were originally capitalized from a variety of sources including TIF funds, Minnesota Investment Fund (MIF) funds (both federal and state), RUS funds, and others. Specific rules and limitations apply to loans made from some of these sources. BUF staff and consultants will identify and match appropriate sources of funds based on the specifics of a project. Type of Financing The BUF Board and BUF Loan Committee will consider loans, loan guarantees, and other financing needs a business may have, in order to encourage private sector investment, job creation or retention, and economic growth in the Region. Incentive financing may also be considered under special circumstances. Requirements and Terms The BUF program has significant flexibility. BLAEDC desires to partner with private sector banking institutions to have a positive financial impact on high-quality economic development or redevelopment projects. In general, projects should include local bank financing, equity contributions, and livable-wage job creation, and have a positive reception in our community. Financing Terms Minimum Loan Size – $25,000 Maximum Loan Size – $500,000 Loan Origination Fee – 1% or minimum of $1,500 Loan Application and Processing/Closing Fees – Paid by borrower. Loan Terms – Loans will typically be amortized over 3-15 years, to match the useful life of the capital asset that is being financed. Balloon payments will frequently be structured. Interest Rates, Including Loan Servicing Fees – Varies but typically market rate. Collateral Requirements – All loans must be collateralized. Personal guarantees will be required. Application and Approval Process
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Loan applications will be accepted as long as funds are available and will be processed on an ongoing basis. Following staff review and vetting, financing applications for assistance of $100,000 or more will be presented to the BUF Board, and applications for assistance of less than $100,000 will be presented to the BUF Loan Committee. The BUF Board and BUF Loan Committee are authorized to approve loans from any funding source other than RUS and TIF dollars. In the case of loans funded by RUS or TIF funds, the BUF Board or BUF Loan Committee, as appropriate, will make recommendations to the entity that administers the RUS or TIF funds in question, but the governing body of the entity controlling these funds will make the final determination to approve or deny the loan. The BLAEDC board of directors must also approve loans if more than $300,000. Loan Documentation, Closing, Servicing Arrangements BLAEDC will support these components of the BUF loan program, either through internal management or through a contractual relationship with an existing loan servicing entity. Conflict of Interest Provisions Any conflicts of interest by BLAEDC board, BUF Board members, BUF Loan Committee members, BLAEDC staff or others, should be noted immediately, and the member disclosing the conflict shall not participate in the consideration or approval of any loan request related to such conflict.
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EXHIBIT B
Administrative Fees
As provided in the BUF Management Services Agreement currently in final stages of negotiation between BLADC and the Initiative Foundation (“IF”), the administrative duties connected to the BUF are called “Management Services,” and consist of the following: a. Marketing the BUF; b. Prescreening BUF Loan applicants; c. Review of proposed terms; d. Write-up and presentation of proposed terms to BUF Loan Committee and/or BUF Board; e. BUF Loan documentation; f. BUF Loan closing; g. BUF Loan servicing and administration; h. BUF Loan workouts. Pursuant to the Management Services Agreement, Management Services to be performed by IF consist of items c, d, f, g, and h. Items a, b, and e will be performed by BLADC or its legal counsel. The Management Services Agreement further provides that the compensation for performance of the Management Services shall consist solely of the following:
• A BUF Loan origination fee equal to the greater of $1,500.00 or 1% of the total principal amount of the BUF Loan will be charged to the borrower at the time of closing on any BUF Loan. This origination fee will be allocated equally between BLADC and IF.
• A servicing fee equal to an annualized rate of two percent (2%) of the principal balance of all outstanding BUF Loans shall be retained upon receipt of monthly loan payments by each BUF Loan borrower. This servicing fee will be allocated equally between BLADC and IF.
• Borrowers will be required to pay all reasonable legal and other loan closing costs, including those costs that may be incurred by or attributable to IF.
Illustration of the compensation for Management Services: Borrower applies for BUF Loan of $100,000 at 4% annual interest, and the BUF Loan is approved. At closing, the borrower pays $1,500 as an origination fee. This fee will be divided equally between BLADC and IF. The Borrower also pays the costs necessary to close the loan. On a monthly basis, the Borrower pays principal and interest payments. Principal payments are deposited into the BUF. Interest payments are split such that on an annualized basis, the BUF will retain an amount equal to payment of 2% interest on the outstanding principal balance, which will be added to BUF funds available for further loans, and 2% will be retained for Management Services. Under the proposed Management Services Agreement, this Management Services fee will be allocated equally between BLADC and IF.
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CITY OF BAXTER, MINNESOTA RESOLUTION 2017-114
RESOLUTION APPROVING A VARIANCE TO THE REQUIRED 35-FOOT STRUCTURE SETBACK TO CYPRESS DRIVE FOR PROPERTY LOCATED AT 7895 EXCELSIOR ROAD
(CITY FILE NUMBER 17-45) WHEREAS, Short Elliot Hendrickson (SEH) (“the applicant”) has requested approval of a variance for property legally described as follows: Lot 1, Block 1, MINER’S ADDITION TO BAXTER, according to the recorded plat
thereof, Crow Wing County, Minnesota,
AND,
That part of vacated Fairview Drive described as follows:
Commencing at the southwest corner of Lot 1, Block 1, said plat; thence on an assigned bearing of North 72 degrees 50 minutes 52 seconds East, along the northerly right of way line of said Fairview Drive, a distance of 96.99 feet to the point of beginning of the tract to be herein described; thence continue North 72 degrees 50 minutes 52 seconds East, along said northerly right of way line, a distance of 189.99 feet; thence northeasterly 137.92 feet along a tangential curve, and said northerly right of way line, concave to the northwest, with a radius of 1387.48 feet and a central angle of 05 degrees 41 minutes 43 seconds; thence North 67 degrees 09 minutes 09 seconds East, tangent to said curve and along said northerly right of way line, a distance of 43.00 feet; thence northeasterly 81.71 feet along a tangential curve, and said northerly right of way line, concave to the southeast, with a radius of 372.03 feet and a central angle of 12 degrees 35 minutes 00 seconds; thence South 02 degrees 44 minutes 13 seconds East 77.55 feet to the southerly right of way line of said Fairview Drive; thence South 72 degrees 53 minutes 44 seconds West, along said southerly right of way line, 432.68 feet to the intersection with a line bearing South 17 degrees 09 minutes 08 seconds East from the point of beginning; thence North 17 degrees 09 minutes 08 seconds West 64.56 feet to the point of beginning. Containing 30,234 square feet, more or less.
LESS AND EXCEPT,
That part of said Lot 1, described as follows:
Beginning at the southwest corner of said Lot 1; thence on an assigned bearing of North 72 degrees 50 minutes 52 seconds East, along the southerly line of said
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Lot 1, a distance of 71.28 feet; thence North 75 degrees 16 minutes 26 seconds West 29.51 feet; thence North 02 degrees 52 minutes 33 seconds West 34.58 feet; thence South 87 degrees 06 minutes 47 seconds West 40.97 feet to the west line of said Lot 1; thence South 02 degrees 53 minutes 13 seconds East, along said west line, a distance of 61.08 feet to the point of beginning. Containing 2,515 square feet, more or less,
ALSO LESS AND EXCEPT,
That part of said Lot 1, lying east of the following described line:
Commencing at the northwest corner of said Lot 1; thence on an assigned
bearing of North 88 degrees 27 minutes 47 seconds East, along the north line of said Lot 1, a distance of 469.20 feet to the point of beginning of the line to be herein described; thence South 79 degrees 00 minutes 51 seconds East 41.79 feet; thence South 53 degrees 36 minutes 45 seconds East 26.11 feet; thence South 02 degrees 52 minutes 33 seconds East 103.80 feet; thence South 88 degrees 38 minutes 12 seconds West 12.04 feet; thence South 02 degrees 51 minutes 30 seconds East 60.02 feet; thence North 88 degrees 38 minutes 12 seconds East 12.15 feet; thence South 02 degrees 44 minutes 13 seconds East 146.10 feet to the southerly line of said Lot 1, and said line there terminating. Containing 9,220 square feet, more or less, and;
WHEREAS, the Planning and Zoning Commission has reviewed the request at a duly called Public Hearing on November 14, 2017 and recommends approval, and; Whereas, the City Council considered the Planning and Zoning Commission recommendation at their November 21, 2017 meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAXTER, MINNESOTA, that it should and hereby does approve the request for variances, subject to the following findings and conditions:
1. The variances allow for a 2-foot drive isle setback on the east side of the property, a 6.4-foot parking setback in the northeast corner of the property and a 6.2-foot parking setback in the southwest corner of the property, in accordance with the application and plans received by the city on October 24, 2017, except as amended by this resolution, based on the finding that all applicable variance standards have been met.
2. Approval shall expire within one year of the date of approval unless the applicant commences the authorized use and completes the required improvements.
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Whereupon, said Resolution is hereby declared adopted on this 21st day of November, 2017.
___________________________________ Darrel Olson, Mayor
ATTEST: ____________________________________ City Seal Kelly Steele, City Clerk
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3. Prior to Recording the plat, the applicant shall submit plat recording checklist items as reviewed and approved by city staff.
4. No building permits shall be issued until the final plat is filed and recorded with Crow
Wing County.
5. The final plat approval shall expire two years from of the date of this approval unless the applicant has recorded the plat or requested an extension in writing.
Whereupon, said Resolution is hereby declared adopted on this 21st day of November, 2017.
___________________________________ Darrel Olson, Mayor
ATTEST: ____________________________________ City Seal Kelly Steele, City Clerk
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CITY OF BAXTER, MINNESOTA RESOLUTION 2017-116
RESOLUTION APPROVING A VARIANCE TO THE REQUIRED 35-FOOT STRUCTURE SETBACK TO CYPRESS DRIVE FOR PROPERTY LOCATED AT 13525 CYPRESS DRIVE
(CITY FILE NUMBER 17-44) WHEREAS, Short Elliot Hendrickson (SEH) (“the applicant”) has requested approval of a variance for property legally described as follows: E ½ of SE ¼ of SE ¼ of NW ¼ Section 8, Township 133 North, Range 28 West,
Crow Wing County, Minnesota, and; WHEREAS, the Planning and Zoning Commission has reviewed the request at a duly called Public Hearing on November 14, 2017 and recommends approval, and; Whereas, the City Council considered the Planning and Zoning Commission recommendation at their November 21, 2017 meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAXTER, MINNESOTA, that it should and hereby does approve the request for a variance, subject to the following findings and conditions:
1. The variance allows a 22.2 foot structure setback to Cypress Drive, in accordance with the application and plans received by the city on October 24, 2017, except as amended by this resolution, based on the finding that all applicable variance standards have been met.
2. Approval shall expire within one year of the date of approval unless the applicant commences the authorized use and completes the required improvements.
Whereupon, said Resolution is hereby declared adopted on this 21st day of November, 2017.
___________________________________ Darrel Olson, Mayor
ATTEST: ____________________________________ City Seal Kelly Steele, City Clerk
