01-26-1998 CC MINMEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, JANUARY 26, 1998
Members Present:
Mayor Duitsman, Councilmembers Dietz, Thompson, Farber, and
Holmgren
Members Absent: None
Staff Present:
Pat Klaers, City Administrator; Lcd Johnson, Assistant City
Administrator; Terry Maurer, City Engineer; Steve Ach, City Planner;
Phil Hals, Street/Park Superintendent; Tom Zerwas, Chief of Police
1. Call Meefin.q To Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council
was called to order at 6:00 p.m. by Mayor Duifsman.
2. Consider Aqenda
It was the consensus of the City Council that the agenda was acceptable as
presented.
3. Open Mike
No one appeared for this item.
4. Capital Improvement Pro.qram Worksession
Chief of Police Tom Zerwas reviewed his 1/22/98 memo on the requested
purchase of a four wheel drive pick up. Funds for this purchase are in the 1998
equipment certificate budget. The Council discussed the general use of this
vehicle by the community service officers versus the use of a spods utility
vehicle.
COUNCILMEMBER FARBER MOVED TO APPROVE THE PURCHASE OF A 1998 FORD
PICK UP, F-150 SERIES FROM ELK RIVER FORD IN THE AMOUNT OF $21,304.60.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-
O.
East Elk River Improvement Project - The City Engineer provided the Council with
an overview of current activities that are taking place on this project. These
activities include work on the signal at 171,t, the tSTEA application for the street,
work on the railroad crossing at 171,t, the effods of Patchin and Associates
(appraisal firm) and Evergreen Land Service Company (land acquisition firm),
and preliminary surveys for utilities. Additionally, the City Engineer reviewed
what staff understood to be the direction of the City Council on January 5, 1998.
This understanding is outlined in the 1/21/98 memo to the City Administrator. The
direction from the City Council on 1/5/98 included: design of the trunk water
Elk River City Council CIP Worksession
January 26, 1998
Page 2
and sanitary sewer facilities; design of the transportation corridor; applying for
permits for construction; completing soil surveys and additional survey work;
continuing to work with the railroad for a crossing at 171,t and the closing of the
173rd crossing; and updating the assessment estimates based on revised
appraisals as prepared by Patchin and Associates. The Council concurred with
the content of the memo and that the memo accurately outlines the direction it
intended to give city staff regarding work assignments on the east Elk River
improvement project.
The City Administrator stated that there are a lot of variables involved in both a
large or small east Elk River project which make it very difficult for the City
Council to make a decision on which project is desired. The variables include:
1 .) the cost estimates as not all of the large or small project identified in the
feasibility report will be constructed at once, and 2.) which funding sources will
be available to address the financial shortages in the utilities, storm drainage,
and street components of the project. The Administrator noted that regardless
of these uncertainties, if the Council wanted "pipes in the ground'" as soon as
possible, then this direction needs to be received soon. In order to get "pipes in
the ground" in 1998-99, the city needs to conduct public hearings on the
project, to conduct public hearings for the assessments, and to negotiate with a
number of property owners for right-of-way (this may include negotiating for
homes and could include relocation expenses). The Administrator noted that
the timeline is getting tight in order for anything to be under construction in 1998,
especially when a proposed TIF District being considered, and that the city still
has not received a valid petition for improvements from the owner of the trailer
court.
Trunk Utilities - The difference between the cost of trunk sewer and water
and the assessments for these utilities for the large project, Area C, is $1.1
million. This shortage may increase to $1.3 million when deductions are
made for the Cargill property, which is to be put into land trust, and for
the single family homes in this area. This shortage is "only" $1.3 provided
that the City Council assess the petitioners (Earl and Waddy - 273 acres)
and all the other property owners (approximately 400 acres) in the
benefited area.
The most likely funding source for this .$1.1 to $1.3 million shortage is TIF
monies from the trailer court redevelopment project. Funds need to be
accessed in order to finance the bringing of utilities through 169 to the
project site. Another 'source of funds for the shortage could be the water
utility for the water shortage and the sewer utility for the sewer shortage.
The last alternative for the shortage may be a city wide tax levy.
It was noted that if the Patchin Appraisal update shows benefit in excess
of $6,000 per acre, the shortage can then be reduced. For example, if
the benefit is at the $7,000 range, then an additional $650,000-700,000
can be generated through the assessment process.
It was noted that the shortage for the smaller project, Area A, is actually
worse and is in the $1.45 million range. However, the shortage in Area A
includes about $1.1 million in deferred trunk assessments which can be
ELk River City Council CIP Worksession
January 26, 1998
Page 3
collected and which would make the actual shortage in the $350,000
range. Nonetheless, even if only Area A was constructed, TIF funds from
the redevelopment project would still be necessary in order fo make up
the utilities shortage.
Storm Drainaqe - The total cost for the large project, Area C, was
estimated at $1.7 million. Of this amount, approximately $500,000 can be
collected through assessments and impact fees charged to the
developers of the Earl H. and Waddy S. properties. This leaves a
shortage of approximately $1.2 million. However, it was noted that not
all of the storm drainage system will be built at once and that parts will
be constructed as development happens and as the water runoff
requires facilities to be installed. Additional assessments and impact fees
may also be able to be collected as development takes place. Initially it
is estimated that only about $1.1 million in expenses will be required for
the storm drainage system (instead of $1.7 million), and this amount
minus the assessments/impact fees will leave a shortage of $600,000. The
additional shortage for the total project, which is up to another $600,000,
will need to be dealt with as these improvements are required.
It is hoped that sufficient TIF funds from the Hohlen trailer court
redevelopment project would be available to help offset this shortage,
but the TIF figures are not known at this time. If no additional funding
from a TIF project is available, the only other sources of monies that the
city has to finance this shortage is its surface water management (SWM)
fund or a city wide tax levy.
The SWM fund has approximately $55-60,000 available per year for the
next four years. This amount excludes any impact fees that may be
received. In the year 2002, the City Council is scheduled to move some
of its development fund levy back into the SWM fund so that a total of
approximately $190,000 per year would then be available for SWM
projects. Using only the SWM fund for the $600,000 shortage may require
all available funds up to and maybe through the year 2003. This could
eliminate the use of SWM funds for other drainage projects. Additionally,
up to another $600,000 in shortages is anticipated which could use all the
available SWM tax levy funds for an additional three years.
The shortfall with Area A, the smaller project, is in the $325,000 range and
could require all of the SWM tax levy for the next 4-5 years.
Paying off the shortage of either project over a longer period of time by
bonding for the project may provide the city with some flexibility in
funding other SWM projects. Other SWM projects on the horizon may
include the Western Area Phase III project, improvements to Ditch 28,
and work required with any core village reconstruction program.
Streets - The total cost of the street for Area C from County Road 13
through County Road 12 to 171,t Avenue, constructed to four lanes, is
estimated at $3.7 million. Approximately $1.5 million of this total would be
assessed to the developers. This leaves a shortage for the total street
Elk River City Council CIP Worksession
January 26, 1998
Page 4
project of $2.2 million. In addition to this expense and shortage, is the
acquisition of right-of-way for the street construction. Developers will
donate the right-of-way as part of their projects, but the city may be
required to acquire up to 25 additional acres and up fo three homes for
the street. Cost for this acreage and these houses may be in the
$900,000 range and has to be taken into consideration when looking at
the finances of the project. Additional street work includes Main
Street/Highway 169 improvements, all of which will be financed by the
developer of the trailer court area, and a local signal at the County
Road 12/13 location which should be a county and developer expense,
but may require some city contribution. The last known street
component is the signal af Highway 10 and 171,t Avenue, of which the
city and state will equally share the estimated $210,000 expense.
Accordingly, the city shortage for the street project is estimated af $3.2
million. However, it could conceivably be higher depending on the
value of the houses that need to be acquired as right-of-way property
for the street project.
Funding options for the street shortage include Tlr funds from the trailer
park redevelopment project, but, as noted above, these figures are not
yet available. Additionally, the priority for use of the Tlr funds that are
available are for the utilities first, storm drainage second, and street third.
Another source for the street shodage is an ISTEA grant. The city and
county have requested assistance in the amount of $1.4 million for this
project. Another possibility to help with the shodage is a request to
Congressman Oberstar to have this project included in a federal
transportation funding bill. The city will not know the status of the ISTEA
grant application until March, the Congressman Oberstar request until
September, and the availability of Tlr funds until late spdng or early
summer.
Under the worse case scenario, the city may need to take all of the
shortage and fund it with municipal state aid (MSA) monies that are
allocated to the city. As with other components of the project, it is
anticipated that the total street improvement would not be constructed
initially. Part of the street improvement may be constructed only to a
two lane standard and the northern connection may not be constructed
until later. Accordingly, the shodage for the street project, under a 1998-
99 construction timeframe, may be in the $2.2 to $2.5 million range.
If all of this shortage for the street improvement has to come from MSA
funds, then the city will be allocating most of its available funds toward
this improvement. The City Administrator stated that almost all of the
1998 and 1999 MSA funds have been allocated toward projects that are
under construction or which have been authorized, or which are
scheduled to be authorized in the near future. The city receives
approximately $$50,000 in MSA funds each year. Use of the 1998 and
1999 MSA funds include: repayment of the 1992 bond issue; finalizing the
171 st Street improvement project; Business Center Drive extension through
the Government Center; the 197th signal: the 171st signal: the Opticon
system; and some limited land acquisition in the 171,t - 173rd street area.
Elk River City Council CIP Worksession
January 26, 1998
Page 5
The city has the ability to bond for approximately one-half of its annual
MSA allocation for ten years. Using this method, the city could bond for
about $1.75 million worth of 1998-99 improvements which could be
financed with MSA funds in the amount of $275,000 annually for ten years
(note the interest expenses). This bonding approach would fund most of
the shodage identified above, however, the shortage identified above
($2.2 - $2.,5 million) is less than the total project shortage and, additional
MSA funds would need to be accessed. This relates directly to the other
$27,5,000 per year that is available (which is not in the bonded project)
and is also being used for this street construction in addition to the future
completion of the street to four lanes.
The use of MSA funds for the east Elk River project is in direct competition
with use of MSA funds on the School Street expansion project and the
Business Center Ddve/Waco project. The total cost of the School Street
expansion project is in the $325,000 range and the total cost of the
Business Center Ddve/Waco project, which will not be state funded, is in
the $800,000 range. These two projects and the balance of the
shortages of the east Elk River street project, are in competition for the
same MSA funds.
The only part of this project that is moving forward is the street
connection work between 171,t and 173rd. The developers will be
responsible for funding the street improvements within their project
boundary. Council direction to obtain additional right-of-way and
appraisals of the right-of-way need to be considered for the area
between 173,d and the trailer court project.
The shortage for the street improvements with Area A is less than $100,000
as almost all of this project will be financed by the developments.
Nonetheless, if only Area A is authorized, the city will still be faced with
the street financial shortages as noted above, but it may be
advantageous for the city to save and reserve some MSA monies for this
undertaking. It was noted that some of the shodage may be recaptured
through assessments to other benefited property owners.
An issue associated with the east Elk River improvement project, but technically
not considered part of the improvement project, is the potential acquisition of
business park land by the city. The city could potentially acquire parts of the
Brown property, the Eull property, and the Vandenberge property for business
park developments. It is anticipated that the Vandenberge property will be
part of the trailer court redevelopment project and be developed into business
park lots in cooperation with the developers.
Regarding the Brown property, it is anticipated that approximately 80 acres of
land will be west of the future street. Of this 80 acres, approximately half, or 40
acres, is developable and will receive assessments for the trunk utilities. The
balance of the property will be used for storm drainage and is in a wetlands
condition. The acreage in the wetlands needs to be confirmed and, hopefully,
will be less so that more business park property can be developed. Including
Elk River City Council CIP Worksession
January 26, 1998
Page 6
assessments for the trunk utilities, it may be able to be assumed that for the
entire 80 acres, the value would be in the $10-$15,000 per acre range. This
would make the acquisition in the $800,000 to $1.2 million range.
The funding source for business park land is the city development fund. This fund
is scheduled fo have in excess of $1 million available by the year 2001. The goal
of the development fund is to recapture ifs expenditures so that the fund will
always have monies available for economic development purposes.
As an overview statement, the City Administrator noted that the airy can finance
the large east Elk River project if it decides to apply its MSA and SWM funds
toward this project. These funds are needed fo make up the shortfall that is
anticipated with the construction of the improvements. The decision by the City
Council needs to be made based on priorities for projects.
Mayor Duitsman discussed the possibilities of extending utilities under Highway 10
in the 171st Avenue area so that property between the river and the highway
can be developed. The Mayor stated that it was his understanding that the
Vandenberge property would be part of the trailer coud redevelopment project
and that the developers would work with the city for this property being used for
business park activities.
MAYOR DUITSMAN MOVED TO HAVE THE CITY OF ELK RIVER HIRE EVERGREEN LAND
SERVICES COMPANY AND PATCHIN AND ASSOCIATES, INC., TO DETERMINE A FAIR
PRICE FOR THE RIGHT-OF-WAY BETWEEN 173"o AVENUE AND THE EARL HOHLEN
PROPERTY WHICH MAY INCLUDE TWO SINGLE FAMILY HOUSES. COUNCILMEMBER
DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-2. Councilmembers
Farber and Holmgren opposed.
The City Engineer reviewed with the City Council his January 21, 1998, memo to
the City Administrator outlining the status of current projects. In this regard, the
City Engineer reviewed the projects that were completed in 1997, and the
projects that are underway for construction in 1998. The projects that are
underway for 1998 include the Upland Avenue signalization, the Business Center
Drive extension, the 171st signal justification report, the upgrade of County Road
12, work on the County Road 77-33 realignment, the Orono Lake sedimentation
project, work on the Highway 169 pedestrian bridge for 1999, and developer
initiated projects.
The City Engineer and the Council discussed the timing of the signals on
Highway 169. The City Engineer noted that MnDOT officials will be in town all
week to review the situation and that he expects a report in the near future on
their recommendations regarding the city's concerns.
Councilmember Farber left the meeting at this time (7:50 p.m.).
The City Engineer reviewed with the City Council the January 1998, feasibility
study for Boston Street utility improvements. Discussion centered on the total
cost of the project and the proposed assessment method which would defer
Elk River City Council CIP Worksession
January 26, 1998
Page 7
assessments for two of the five and one-half assessment units. Three existing
homes are scheduled to be assessed one unit. Two of these homes have the
possibility of being subdivided for the construction of another house and these
two properties would receive deferred assessments. Additionally, the Orono
Cemetery properly would only receive assessments for water and therefore,
would receive a one-half assessment unit. No consensus was reached by the
City Council on the assessment approach for this improvement pro]eot. The
Council requested that this item come back when a full Council is present on
February 17, 1998.
The City Engineer presented the January 1998, feasibility study for Jarvis Street
improvements. The Council discussed the cost of this project, the need for the
pro]eot, and whether or not any of the costs can be assessed fo the benefited
property owner fo the east. Originally if was the goal of the City Council fo
assess half of this improvement project to the property that is zoned commercial
to the east, but since this property is currently being used in a residential
manner, some concerns were expressed about whether or not b large
assessment could be justified. If was noted that the original petitioner for this
project had withdrawn his petition and was no longer in favor of the project.
COUNCILMEMBER THOMPSON MOVED TO DEFER ANY ACTION ON THE FEASIBILITY
STUDY UNTIL THE ISSUE IS BROUGHT BACK UPON REQUEST OF THE PROPERTY
OWNERS IN THE AREA. COUNCILMEMBER HOLMGREN SECONDED THE MOTION.
THE MOTION CARRIED 4-0.
Street/Park Superintendent Phil Hals reviewed with the City Council some
possible 1998 assessable overlay and gravel improvement projects. A memo
from Phil dated 1/22/98 was distributed. The goal of the city is to put all of the
overlay and gravel road improvement projects together and assess each
benefited property owner the same amount for the improvements. If is
anticipated that the cost per properly owner would be below $1,500 per existing
or developable lot.
A brief discussion took place regarding the status of Concord Street which is a
pdvate road and which had been considered for improvements in previous
years.
COUNCILMEMBER HOLMGREN MOVED TO DIRECT STAFF TO PROCEED WITH THE
NECESSARY WORK FOR AN ASSESSABLE OVERLAY AND GRAVEL ROAD
IMPROVEMENT PROJECT IN 1998. COUNCILMEMBER THOMPSON SECONDED THE
MOTION. THE MOTION CARRIED 4-0.
The City Administrator reviewed with the City Council the 1997-2001 capital
improvement program as accepted by the Council last year. It was noted that
the vast majority of the 1997 projects have been completed, but also that a
number of the projects had been put on hold indefinitely due either to a lack of
funds or a lack of petition from benefited properh/owners.
5./6. Other Business/Staff Updates
There was no other business or staff updates presented.
Elk River City Council CIP Worksession
Januar_v 26~ 1998
Page 8
7. Adjournment
There being no further business, Mayor Duitsman adjourned the meeting at 9:00
p.m.
Patrick D. Klaers
City Administrator