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4.0 ERMUSR 11-14-1994 r { MIR'ity of River ITEM 4. MEMORANDUM TO: MAYOR & CITY COUNCIL UTILITIES COMMISSIONER & GENERAL MANAGER FROM: PAT KLAERS, CITY ADMINISTRATOR DATE: NOVEMBER 14, 1994 SUBJECT: JOINT MEETING AGENDA TOPICS The first three agenda topics for this joint meeting are "big" items which will take some time to discuss. Also, there are numerous "smaller" items that need to be at least briefly reviewed. If these "smaller" items were discussed in detail, it could cause our meeting to be quite lengthy and I don't think anyone wants to see this meeting go over 2-21/2 hours. Accordingly, some of the "smaller" items, after they are briefly mentioned and reviewed, can be • continued to the next joint meeting. It may be appropriate for us to set up a joint meeting schedule on a quarterly basis for the first Monday of February, May, August, and November of each year. One topic that will be noticeably missing from the agenda items listed below is the East Highway 10 feasibility study for public improvements. It is assumed that this topic will be the main agenda item at a future joint meeting. 4.1. UTILITIES CASH CONTRIBUTION TO THE GENERAL FUND This topic has generated a lot of recent discussion. I don't know if my funding formula proposal is a majority or minority City Council position. This topic and my proposal are discussed in the attached memo and material. 4.2. CITY CONTRIBUTION TO THE WESTERN AREA WATER TOWER 4.3. UTILITY COMMISSION PARTICIPATION IN THE BUSINESS PARK These two topics are separate issues, but are getting tied together. I • believe everyone understands how we have gotten to this point on these two topics. If not, briefly, it goes as follows: the City captured 13065 Orono Parkway •P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Joint City Council/Utilities Meeting Page 2 November 14, 1994 • one year of TIF funds from the RDF project in 1987; the goal of the City was to use these funds for infrastructure improvements (i.e. trunk utilities) within the City urban district; in approximately 1992, the City Council informally decided to use these funds for the western area water tower; since 1992 the goal of developing a business park has become closer to reality and this project needs public participation which, therefore, puts this project in competition for any funds that are available for public improvements. At issue before the City Council and the Utilities Commission is what level of assistance from the City is necessary for the Western Area water tower project. If feasible, the City would like to use some of these proposed funds for the business park. This would reduce our City participation in the water tower project. An alternative would be to obtain significant Utilities participation in the business park project. 4.4. STREET LIGHTING STANDARDS This has been a topic at the last few joint meetings. At the last joint meeting, the City Council indicated that it agreed with some public • comments it had received regarding offering more options and higher quality street lighting options for both residential and commercial developments. The Council requested the Utilities to work out some options with local developers. It would be appropriate for the Commission to update the Council on what policy changes have taken place on this issue. 4.5. 1995 NEW STREET LIGHTS Last winter, the Utilities Commission approved the installation of about 15 new street lights throughout the City of Elk River. It would be appropriate to get an update from the Commission on which lights have been installed, what the plans are for 1996, and what intersections are of concern to the Council. 4.6. WATER ORDINANCE The City has no water ordinance. All rules and regulations related to the water system have been approved by the Utilities Commission. The City Attorney will have some information to hand out on the • possibility of the Utilities and the City adopting a policy, and a policy Joint City Council/Utilities Meeting Page 3 November 14, 1994 • that requires water connections to the improvements. This is similar to the sewer ordinance. The last Utilities Commission request to the City related to the water system was for the approval of a water connection charge. The City has done this through developer requirements, but has never officially adopted any water ordinance or resolution on this topic as the Utilities Commission has jurisdiction over the water system. The City simply requires new projects to meet the water utilities requirements. 4.7. CITY AUDIT Finance Director Lori Johnson offers the following paragraph on the need of the City to have the Utilities audit information available earlier in the year. Last year the City's audit was presented to the City Council in June. I know there were some concerns regarding the lateness of the report presentation. As you know, the Utilities audit information is included in the City's audit. This is required under generally accepted accounting principles. Because the • Utilities audit information was not available until the last week in April, the City's report could not be completed until early May with presentation to the Council as soon as possible after that. The reason for this update is to make the Council aware of that timeframe. If the Council has a concern with the report being issued in late May or early June, the Council could request that the Utilities have audit information available to the City by mid March. This would allow for the City's audit to be presented to the Council sometime in mid to late April. This timeframe is realistic for the Utilities I believe, as there are only two funds included in the Utilities' audit. If the Council does wish to move up the timeframe, it is appropriate to discuss this with the Utilities at the joint meeting. 4.8. UTILITIES MANGER CONTRACT During the 1993 audit presentation this spring, it was noted that the Utilities Manager's contract needs adjustments. Ron Black, who is working with the Utilities Commission on this topic, provided our City Attorney, Peter Beck, with an updated proposal in October. Peter has • now offered Ron some comments on this proposal. Formal action by the Utilities Commission will need to be taken this year on this issue. Joint City Council/Utilities Meeting Page 4 November 14, 1994 • 4.9. 1995 COMMISSION APPOINTMENT Commissioner Simpson's term expires at the end of 1994. The Council adopted a policy in 1993 which calls for this position (and other expiring positions) to be advertised. However, the Council has also discussed the fact that if any Utilities Commissioner is not reappointed, he/she would then be replaced by a City Councilmember. I need to know if the Council wants to advertise for this Commission position. This would be consistent with the policy adopted by the Council last year. 4.10. OPEN MEETING LAW As time allows, the City Attorney should update the Commission and Council on changes in the Open Meeting Law. The law underwent some changes in the Legislature in 1994, and more changes are anticipated in 1995. Everyone should be aware of the concern over the Council and the Commission making Utilities or City decisions informally and outside of public meetings. • 4.11. CITY ETHICS ORDINANCE During this past summer, the City Council directed changes to be made in its City ethics ordinance which it approved in 1993. The proposed new ordinance has been provided to the Commission, and the Attorney will be available to answer any questions on the proposals currently under consideration. It is anticipated that the Council will formally adopt some revisions at one of its next few meetings. 4.12. SURFACE WATER MANAGEMENT FEE This was a major discussion topic at the April joint meeting. The City's proposal to include a fee in the monthly utility bill has put on hold. The City Council is planning to do a city-wide levy to help finance surface water management improvements and we need to see how this levy works out before the topic of a fee is further evaluated. 4.13. OTHER BUSINESS??? The above topics are the ones that have been brought to my attention the most in the last few months. If there are other topics that the • Council or Commission would like to discuss, they should certainly feel free to add them to the joint meeting agenda. ( / A( ity of lk �� River MEMORANDUM TO: MAYOR, CITY COUNCIL AND UTILITIES COMMISSION FROM: PAT KLAERS, CITY ADMINISTRATOR DATE: NOVEMBER 4, 1994 SUBJECT: UTILITIES CONTRIBUTION TO THE CITY'S GENERAL FUND As everyone on the Utilities Commission and the City Council knows, the annual cash contribution to the City general fund is an often-discussed topic around budget time. My position is that both groups should agree on a formula for a cash contribution to the general fund that is based on a percent of gross revenues (or gross Elk River revenues). I don't want to "beat a dead horse", but nonetheless, some background • information and data on this issue needs to be provided. RECENT HISTORY Prior to 1987, the cash contribution from the Utilities Commission to the City was $12,000. Additionally, the Utilities financed street lighting expenses. In 1987, the cash contribution level increased to $72,000. Since 1987, the City has asked for additional funds from the Utilities on three different occasions. Two of the requests were for specific items which were approved by the Utilities Commission (the Industrial Park loan and the Fire Department equipment van). The third request was for a general increase in the annual cash contribution. This request was not approved by the Utilities Commission, but the Commission provided an equivalent which was free electrical expenses for our non-enterprise facilities. I want to make it very clear to everyone that the additional contributions since 1986 are greatly appreciated by the City. 1995 BUDGET In review of the 1995 general fund budget, the City Council discussed the • Utilities cash contribution and debated (1.) asking for an additional 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Memo to Mayor, City Council&Utilities Commission Page 2 November 4, 1994 • contribution for a specific item; (2.) asking for an increase in the $72,000 contribution and tying this into a percentage for future years; and (3.) not asking for any change in our existing financial relationship. A number of Councilmembers stated that the Commission preferred a contribution to the City for specific items rather than a general increase. At the 10/24/94 City Council meeting, a motion was approved which balanced the budget with the assumption that the Utilities Commission would split the cost of the $110,000 street department front-end loader. This is in addition to the $72,000 contribution. This results in a Council request to the Commission for an additional $55,000 to help finance the front-end loader in 1995. CITY/UTILITIES RELATIONSHIP The Utilities is part of and a division of the City. This relationship has most recently been noted in the electric utility lawsuit settlement and its effect on our City and Utilities insurance rates. Likewise, this relationship has been identified in (1.) the Utilities required compliance to the comparable worth law; (2.) the Utilities required compliance to the open meeting law; (3.) the Utilities required compliance to the City ethics ordinance; (4.) the fact that the Utilities are governed by the City Council approved utility ordinance; (5.) • the fact that the Commission is appointed by the City Council; (6.) the requirement that the Utilities are part of the City audit; and (7.) the fact that the City is responsible for the Utilities compliance to State laws as they relate to public employees (i.e., employee contracts). There are many other activities and issues that identify the Utilities as part of the City. The City and the Utilities have a special relationship. We are partners in our urban growth. Without the water utility being extended with the sewer utility, then there is no urban growth. This growth is necessary to improve our employment and tax base. While this growth provides additional revenues and profits for the electric utilities, it also requires additional expenses for the City in providing services. As we are partners in growth, the City should be able to benefit financially from some of this growth. CONTRIBUTIONS Attached for your information is some material from the Minnesota Municipal Utilities Association that shows the contributions from electric utilities to their host communities. I have highlighted the larger cities and the cities that make large contributions to their host communities and have added the population of these communities on the side. I do not know what • the relationship is between these host communities and the utilities, nor do I s:council:utilcomm Memo to Mayor, City Council&Utilities Commission Page 3 November 4, 1994 • know their ordinances, the gross revenues of the electric utilities , or any other facts of this type. According to the Municipal Utilities proposed budget, gross revenues will approach $6 million in 1995 and the net income of the electric utility, before depreciation and the contribution to the City, will be in excess of$1 million. In reviewing the $72,000 annual cash contribution to the City, there seems to be two different options to look at if a change is to take place. One option, the one preferred by staff, is to increase this amount to about $108,000 and equate this to a percentage of gross revenues, and then use this formula for a contribution level for future years. If it is true that the Utilities does not desire this formula approach and that the Utilities would prefer to review specific requests on an annual or as-needed basis, then this, as the second option, is an approach that the City can live with. The City definitely has II capital large capital outlay items that are needed in the future. These large capital outlay items include the $300,000 pumper desired by the Fire Department; the goal of the Park and Rec Commission to purchase 80 acres of open land and to develop this area into recreation fields; and projects such as a youth or community center. The list of needed special projects is long in a growing city like Elk River. The current issue before the City Council and the Utilities Commission is the fact that the Council has balanced the 1995 budget with an additional $55,000 contribution from the Utilities for the purchase of the Street Department front-end loader. The ongoing issue is the City/Utilities overall financial relationship. With all that is said in this memo, I want to once again make it clear that the City is very appreciative of all of the contributions it has received from the Utilities. The City and the Utilities have a very special relationship and we are partners in the growth and development of the community. The City would like to be able to share some of the future profits of this growth and not just have the expense of providing services to accommodate this growth. Staff sees a contribution level established by a formula based on gross revenues as a mechanism for us to share in the benefits of this growth. • s:council:utilcomm 09/09/94 FRI 12:33 FAX 612 682 6376 _ CITY OF_BUFFALO 001 — M.M.Il.A. TO Buffalo P.02 SEP-a9-1994 15:41 FROND •E$OTA MUNICIPAL UTILITIES ASSOCIATION Electric Utility Transfers / Payments in Lieu of Taxes Print Date: 09/09/94 • ADA Data Year: 1993 Contributions determined by: other ADRIAN Data Year: 1993 STR/HWY LIGHTINO:s 11, 790 post-it' Fax Note ' 7671 tau jQ nasm OTHER LIGHT/POWER:4 3, 500 farighlirMalliggir AITKIN Data Year: 1993 ! '���" GENERAL FUND: S 60, 000 r STR/HWY LIGHTING:S S, 000 r „ G� MUNICIPAL PUMPING:S 6, 900 OTHER LIGHT/POWER:$ 36,0000 ALEXANDRIA Data Year: 1993 TAX EQUIVALENTS:$ 363:601 NON-ELEC SERVICE:$ 7, 186 ANOKT Data Year:a 1366, TAXES: 158 property & Sales taxes GENERAL FUND: S 756, 000 STR/HWY LIGHTING:$ 15, 000 maintain & install lights OTHER LIGHT/POWER:S EE,s900 city buildings • Contributions determined by; formula ARLINGTON Data Year: 1993 GENERAL FUND: $ 30, 000 AUSTIN Data Year: 1993 TAX EQUIVALENTS:$ 886, 286 BAGLEY Data Year: 1993 GENERAL FUND: s 3, 416 STR/HWY LIGHTING:$ 15, 291 MUNICIPAL PUMPING:3 7, 194 OTHER LIGHT/POWER:s 4, 310 NON-ELEC SERVICE:6 2, 600 Maint. lights, X-mas dee, football posts BARNESVILLE Data Year: 1993 GENERAL FUND:. $ 98,000 BENSON Data Year: 1993 GENERAL FUND: S 110, 000 BTWABIK Data Year: 1993 BLOOMING PRAIRIE Data Year: 1993 GENERAL FUND: S 1C,000 STR/HWY LIGHTIN0;$ 19, 165 OTHER LIGHT/POWERe$ 2,000 NON-ELEC SERVICE:s 16, 300 vehicle use, material use, answer phone • Contributions determined by: other 1 09/09/94 FRI 12:33 FAX_ 612 682 6376 CITY OF BUFFALO f�lOO2 SEP-09-1994 10=41 F . M.M.U.A• TO Buffalo P. pcARTH Data Year; 1993 NERAL FUND: s 114,000 BRAINERD Data Year: 1993 GENERAL FUND: $ 310,976 STR/HWY LIGHTING:s 91,551 OTHER LIGHT/POWER:s 12, 821 NON-ELEC SERVICE:3 5e, 871 Contributions determined by; /other BRECKENRIDGE Data Year: 1993 GENERAL FUND: s 152, 00e OTHER: G 123, 586 Water Dept. STR/HWY LIGHTING:, 74, 553 OTHER LIGHT/PGWERss 16,500 NON-ELEC SERVICE:, 8,300 CEYLON Data Year: 1993 Comments: records not kept CHASKA Data Years 1993 GENERAL FUND: s 717, 000 OTHER: f 100, 000 Comm un i t y Center 3TR/HWY LIGHTING:O 15,000 approx. OTHER LIGHT/paWER:t 10, 000 NON-ELEC SERVICE:$ 5,000 Contributions determined by: formula WW1 Data Year: 1993 GENERAL FUND: $ 25,200 OTHER: 0 5, 000 New grand stand C1993) Contributions determined by: ether DETROIT LAKES Data Year: 1993 GENERAL FUND; $ 430, 000 DUNDEE Data Years 1993 STR/HWY LIGHTING:f 3,220 ' EAST GRAND FORKS Data Year: 1993 GENERAL FUND: $ 900,000 STR/HWY LIGHTING:, 30, 000 capital cost of new street lighting Contributions determined by: other ELK RIVER Data Year: 1993 TAX EQUIVALENTOI$ 72,000 GENERAL FUND. S 80, 000 STR/HWY LIGHTING:s 48, 182 NON-ELEC SE RV I CE s e 19, 467 • ELY Data Year: 1993 Contributions determined by: other FAIRFAX Data Year: 1993 STR/HWY LIGHTING'S 10,53S MUNICIPAL PUMPING:$ 0, 443 4111IRMONT Data Year: 1993 __ ,... .... anent fainn:l 09/09/94 FRI 12:33 FAX 612 682 8376 _ CITY OF BUFFALO a003 5Ep-09-1994 10142 FROM M.M.U.A. TO Buffalo P.04 AmkGENERAL FUND: S 640, 915 OTHER= 0 166, 000 Additional transfer, Dredge OTHER LIGHT/POWER:S 6, 500 FoSSTON Data Year: 1993 GENERAL FUND: $ 55, 992 STR/HWY LIGHTING:* 2E, 000 SILBERT Data Year: 1993 GENERAL FUND: * 40, 000 OTHER: I 76, 000 Water plant renovation Contributions determined bye other Comments: city pays for electricity/free light maintenance GLENCOE Data Year: 1993 OTHER: S 31, 918 Franchise payable to City in cash STR/HWY LIGHTING:t 12, 800 maintenance OTHER LIGHT/PDWER:$ 3,298 NON-ELEC SERVICE:S 12, 184 street lighting refund GRAND RAPIDS Data Year: 1993 GENERAL FUND: $ i00, 000 from water/sewer depts. STR/HWY LIGHTING:* 38, 684 at electric dept. cost MUNICIPAL PUMPING:S 57,904 at electric dept. cost NON-ELEC SERVICE:: 129,850 personnel, materials, equipment, lights Contributions determined by: other GRANITE FALLS Data Year: 1993 GENERAL FUND: S 160, 000 Est. • NON-ELEC SERVICE:* 2,500 Contributions determined by: other HALSTAD Data Year: 1393 GENERAL FUND: s 25, 000 STR/HWY LIGHTING:* 2, 400 OTHER LIGHT/POWER:$ 23,621 NON-ELEC SERVICE:i 10, 000 Contributions determined by: other Comments: Non-Electric Service i s an estimate. HIPPING Data Year: 1993 STR/HWY LIGHTING:* 330, 000 OTHER LIGHT/ROWER:$ 4,400 HUTCHINSON Data Year: 1993 TAX EQUIVALENTS:$ 650,000 Contributions determined by: other JACKSON Data Year: 1993 GENERAL FUND: * 321,000 STR/HWY LIGHTING:$ 69, 111 NON-ELEC SERVICE:S 4, 000 KENYON Data Year: 1993 TAX ECiUI VALENTS:$ 40, 997 GENERAL FUND: s 3, 800 Christmas decorations OTHER: 0 5, 000 Ambulance • NON-ELEC SERVICE:$ 5,000 Maint. X-mas des/flaps/banners, trimming 09/09/94 FRI 12:34 FAX 612 682 6376 CITY OF BUFFALO _ Cj004 ——.—. —. — — —•—• — � Buffalo P.BS SEP-0-1994 10:42 FROM M,M.U.A. • LA CITY Data Year: 1993 in lieu of taxes GENERAL FUND: s 72,000 STR/HWY LIGHTING:* 39,467 LAKE CRYSTAL Data Year: 1993 TAX EQUIVALENTB:S 37. 044 Contributions determined by: formula LAKE PARK GENERAL FUND: a 3 Year;7,0 v LAKEFIELD Data Year: 1993 TAX EQUIVALENTS:$ 12,000 OTHER LIGHT/POWER:, 1,000 other Contributions determined by LITCHFIELD Data Year: 1993 GENERAL FUND: S 280, 000 STR/HWY LIGHTING:* 17,881 LUVERNE Data Year: 1993 NON-ELEC SERVICE:i 10,000 MADELIA Data Year: 1993 GENERAL FUNDS $ 50, 000 STR/HWY LIGHTING:s 2,700 MUNICIPAL PUMPING:* 18, 300 AIIISHALL Data Year: 1993 GENERAL FUND: $ 365, 000 MELROSE Data Year: 1993 GENERAL FUND.• Contributions determined by: other MOORHEAD Data Year: 1993 GENERAL FUND: S 1, 940, 00$OTHER: S 672, 345 goonam i c Dev. & Cap, i mRrv. Funds MOOSE LAKE Data Year: 1993 GENERAL FUND: * 22,743 STR/HWY LIGHTING.* 11, 226 install new highway lighting OTHER LIGHT/COWER:$ 7,086 NON-ELEC SERVICE:' 15. 070 MORA Data Year: 1993 GENERAL FUND: $ 90,898 OTHER: S 196, 000 • Waste Water Bond payments OTHER LIGHT/POWER.* 1,362 NON-ELEC SERVICE:* 2. 600• hang X-mes decaratiens & mist. banners NEW PRAGUE Data Year: 1993 GENERAL FUND: * 40, 000 STR/HWY LIGHTING:$ 11,909 .RTH BRANCH Data Year: 1993 STR/HWY LIGHTING:S 14, 100 09/09/94 FRI 12:34 FAX 612 682 8378 CITY OF BUFFALO a 005 SEP.89.1994 10: 2 q FROM M.M.U.R. TO Buffalo P.06 NOWTH ST. PAUL Data Year: 1993 GENERAL FUND: S 250,000 OLIVIA Data Year: 1993 GENERAL FUND: S 225,000 STR/HWY LIGHTING:* 10. 500 OWATONNA Data Year: 1993 STR/HWY LIGHTING:s 192,644 MUNICIPAL PUMPING:S 81, 731 Contributions determined by: other Comments: Free service up to 4% of gross meter billings. PRESTON Data Year: 1993 includes labor STR/HWY LIGHTING:s 6,874 MUNICIPAL PUMPING:s 6, 355 NON-ELEC SERVICE:S 11, 640 Labor-street/sewer depts. , on-call time PRINCETON Data Year: 1993 TAX EQUIVALENTS:5 36, 000 STR/HWY LIGHTING:S 20, 895 OTHER LIGHT/POWER:S 32.477 NON-ELEC SERVICE:S 3, 485 water & trash Contributions determined by: other PROCTOR Data Year: 1993 STR/HWY. LIOHTING:6 32, 848 ' ilkWOOD PALLS Data Year: 1993 GENERALFUNDS S 120, 0001 OTHER: 000 Redwood Area DevQlQoment Corp. ROCHESTER Data Year: 1993 TAX EQUIVALENTS:S4.851,773 Contributions determined by: formula RUSHFORD Data Year: 1993 OTHER: $ 20,000 capital improvements projects fund Contributions determined by: other SAUK CENTRE Data Year: 1993 GENERAL FUND: $ 40,000 STR/HWY LIGHTI NG:5 17,613 bill collect for sewer revenueNON-ELEC 5ERvICE:S 1, E96 Contributions determined by: other SHAKOPEE Data Year: 1993 GENERAL FUND: $ 374, 000 . STR/HWY LIGHTING:S 44,000 NON-ELEC SERVICE:$ 2, 000 formula temporary lighting Contribution determined by: SLEEPY EYE Data Years 1993 Franchise OTHER: S 89,558 NON-ELEC SERVICE:S 1, 469 put up X-mas decorat i ores OWING GROVE Data Year: 1993 09/09/94 FRI 12:35 FAX 612 682 6376 CITY OF BUFFALO 006 _ —— — TO Buffalo PAY? 5Ep-e9-1994 1s:43 FROM II.M.U.A. 4113TR/HWY LIGHTING:$ 20, 000 SPRINGFIELD Data Years 1993 TAXES: STR/HWY LIDHTING:s 18,888 supply steam Meat, water & sewer NON-ELEG SERVICE:, 8■��Contributions determined by: other ST. CHARLES Data Year: 1993 TAX EQUIVALENTS:, 31, 484 STR/HWY LIGHTING:! :5,e00 NOTHER 1, 100 ON-ELECGSERVICCEERsf 5, 000 Use of vehicles/equipment ny other depts. ST. ,TAMES Data Year: 1993 GENERAL FUND:- S 840, 000 ST. PETER Data Year: 1993 OTHER: f 428,946 cash transfer & service allowance STAPLES Year:GENERAL FUND: S 30,000 THIEF RIVER FALLS Data Year; 1993 • GENERAL FUND: f 450, 000 NON-ELEC SERVICE:s 75, 000 egg Data Year: 1993 GENERAL FUND: S 50, a00 OTHER LIGHT/POWER:s 26,000 Contributions determined by: formula VIRGINIA Data Year: 1993 OTHER LIGHT/POWER:$ 111, 41$ miscue free services NON-ELEC SERVICE:0 60,000 other Contributions determined by: WADENA Data Year: 1993 GENERAL FUND: s 200,000 STR/HWY LIGHTING:$ E7, 148 MUNICIPAL PUMPING:* 14,280 OTHER LIGHT/K'OWER:s 22, 141 NON-ELEC SERVICE:s 7,970 formulaContributions determined by.. WARREN Data. Year: 1993 GENERAL FUND: S 30, 000 STR/HWY LIGHTING'S 12,E36 WARROAD Data Year: 1993 GENERAL FUND: s 200, 000 Contributions determined by: other WASECA Data Year: 1993 GENERAL FUND: s 157, 898 .LLS Data Year: 1993 in lieu of tax TAX EQUIVALENTS:$ 75, 000 09/09/94 FRI 12:35 FAX 612 682 6376 _ CITY OF BUFFALO II007 SSEp-09-1994 10:43 FROM M.M.U.A. TO Buffalo P.OH contributions determined by: other WESTBROOK Data Year: 1993 TAXES: WILLMAR Data Year: 1993 TAX EQUIVALENTS:* 075, 328 WINDOM Data Year: 1993 TAX EQUIVALENTS:; 195, 24s OTHER: • 83,427 Landfill & various Contributions OTHER LIGHT/POWER;* 5,000 NON-ELEC SERVICE:S. 5,000 other Contributions determined by: WINTHROP Data Year; 1993 OTHER LIGHT/POWER:* 27, 173 NON-ELEC SERVICEss 2, 158 WORTHINGTON Data Year: 1993 GENERAL FUND; * 224, 800 OTHER: S 106, 060 Water Dept. 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TLf..`^L...�-:.:.-]L^5.\2--..:::.,4:.:M:v.{•:>?Cv:::r::::v:::::::..:v:...T..v::�}n.C:.n:nFv..:r.:.x.A}]Ev$.,C#`�.`{••:}.:.Y:.{i. .................::...r.}:q. :.: ORDINANCE NO. 94 - CITY OF ELK RIVER • AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ELK RIVER TO REQUIRE CONNECTION TO THE CITY WATER UTILITY WHEN AVAILABLE, AND TO REQUIRE PAYMENT OF DULY ADOPTED FEES AND CHARGES FOR CONNECTION TO AND USE OF THE CITY WATER UTILITY The City Council of the City of Elk River does hereby ordain as follows: Section 1. That the Code of Ordinances of the City of Elk River is amended to add new Section 1304, entitled "Connection to Water Utility, " as follows: 1304.00 - Connection to Water Utility; Fees and Charges. 1304.00 - Connection to Water Utility. The owner of any building located on property to which water utility service is available shall be required to connect to the water utility at the owner's expense within two (2) years from the date said water utility service becomes available. All future buildings constructed on property to which water utility service is available shall be required to immediately • connect to the water utility. If connections to the water utility are not being made pursuant to this paragraph, the City shall serve written notice on the affected property owner stating that if connection is not made within ninety (90) days after the date of said notice, the connection will be made by the City at the expense of the owner and that if unpaid, the charge for such work will be made a special assessment against the property concerned. Such assessment, including interest at the legal rate for local improvements, shall be certified to the County Auditor and collected and remitted to the City in the same manner as assessments for local improvements. The rights of the City under this paragraph shall be in addition to other remedial or enforcement rights provided by the City Code of Ordinances or other applicable law. 1304.02 - Fees and Charges. There is established in the City of Elk River Water Availability Charges, Water Connection Charges and water utility user charges and rates. Water Availability Charges are due and payable at the time property served by the Water Utility is final platted into buildable lots. Water Connection Charges are due and payable at the time of connection of a building to the Water Utility, or at the time connection is required to be made to the Water Utility pursuant to Section 1304.00. User charges and rates are due and payable in such 111 amounts and at such times as required by Elk River Municipal Utilities. Each charge and/or rate shall be in the amount established by duly adopted resolution of the Elk River City • Council or Elk River Municipal Utilities. 1304 .03 - Payment of Fees and Charges. All properties connected to the City water utility shall abide by the rules and regulations of the Elk River Municipal Utilities, and shall pay all applicable Water Availability Charges, Water Connection Charges, User Charges and rates established by the City Council and/or Elk River Municipal Utilities. Properties which are required to connect to the Water Utility pursuant to Section 1304.00, but have not connected within two (2) years of availability of water service as required by Section 1304.00, shall be charged the applicable Water Availability Charge, Water Connection Charge and a monthly user charge in an amount established by Elk River Municipal Utilities. Section 2 . This ordinance shall take effect and be in full force from and after the date of its publication. Passed and adopted by the City Council of the City of Elk River, this day of , 1994. • Henry A. Duitsman, Mayor Attest: Sandra Thackeray, City Clerk • 2 . PKB:JL6s