8.0. SR 05-03-1993
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ITEM 8
TO:
MAYOR & CITY COUNCIL
FROM:
PAT KLAERS, CITY TOR
DATE: APRIL 29, 1993
SUBJECT: JOINT MEETING WITH ELK RIVER
UTILITIES
INTRODUCTION
A joint meeting
5/3/93. This
between the City
attachment) and
Utilities Commission
attachment) .
with the Utilities Commission is scheduled for
is a follow up to the 2/17/93 joint meeting
Council and the Utilities Commission (see
to consider the recommendation from the
that came out of its 4/6/93 meeting (see
BACKGROUND
.
The issues involved in financing needed improvements in the
water system are well known and have previously been discussed
by the City Council and the Utilities Commission both
independently and jointly. The most important fact that must
be kept in mind is that the three most immediately needed water
system improvements can be financed. The City Council and the
Utilities Commission need to work together for the orderly
growth of the community to help improve the community
employment and tax base. In short, the City Council and the
Utilities Commission are partners in the urban growth of the
City.
WAC. . . WCC. . . WIF. . . ???
At the 4/26/93 City Council meeting, City Attorney, Peter Beck,
was in attendance to provide some information to the City
Council on the legal ramifications of developing a new water
fee called a Water Impact Fee (WIF). At this meeting, Peter
indicated that, in reality, the water utility is collecting a
Water Availability Charge (WAC) and a Water Connection Charge
(WCC) as one. Currently, the water utility collects the WAC at
the time of hook up or connection. The City sanitary sewer
utility does the same thing with its Sewer Availability Charge
(SAC) which is collected at the time of hook up.
What was discussed at the 4/26 meeting was changing the policy
at the water utility and separating out the WAC and WCC. In
this manner, the WCC or WAC could replace the proposed WIF.
.
Both the WAC and the WCC are provided for by State law, whereas
a WIF is not, but could most likely be collected as part of
City development proposals. By changing the terminology and
acronYm and using a WAC and WCC to collect two fees instead of
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
.
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using the WAC and WIF, it may make it
fees from everyone either at the time
(if a property is already developed or
City Council of a development proposal
easier to collect both
of development or hook up
if no approval by the
is required).
of the WAC
is, When
question
involve
the fees
If the City and the Utilities move to a breakdown
into a WAC and a WCC, then the question that remains
should thiS--fee be collected and from whom? This
could strictly be a Utilities Commission issue, but may
the City Council if the City ends up collecting one of
at the time of development.
Another question regarding a WAC and WCC that comes to mind is
which fee should be $700 and which fee should be $300.
Currently the WAC is multiplied by units (currently $700) for
commercial and industrial buildings when the facility is hooked
up to the utility. In this regard, it may be appropriate to
have the WAC be higher than the WCC.
The questions regarding the mechanics of collecting these fees
that needs to be answered are; how can both of these fees be
collected from all new customers, when is this fee collected,
and what is the level of City involvement with these fees?
NEEDED REVENUES
A final question regarding the WAC and WCC is how much revenue
is needed to finance the three most immediate water system
needs. Above and beyond the three most immediate water system
needs, a financial formula needs to be developed whereby funds
are reserved for the longer term water system needs and the fee
structure must be set up to include future expenses. Again,
this could be strictly a Utilities Commission issue if the City
is not involved in collecting some of the fees.
Regarding how much is needed, everyone should review the chart
attached to the 4/6/93 Utilities Commission minutes. In
analyzing this chart, it is important to closely review the
assumptions that were made in putting together this analysis of
water costs. The assumptions include a 30 year bond (which is
desired to be less), a low interest rate, a City contribution
to both the west and northeast towers, the time frame as to
when the improvements take place, a growth factor of 4%, and an
increasing number of connections to the water system as growth
occurs. The more assumptions that are put into a formula, the
more uncertainties there are about the conclusions and,
therefore, more questions about what fee level is needed to
finance the necessary improvements. One assumption in the
chart that I know the City Council wants to discuss is the City
contribution for the northeast tower. Whatever conclusion is
reached at this meeting, it goes without saying that the
revenue stream needs to be closely monitored in the next few
years.
.
WHEN TO ORDER NORTHEAST IMPROVEMENTS?
.
Above and beyond the financing questions
should the water improvements take
This question relates to when the need
system to be in place. There is
question, but it appears that we are
system authorized at this time, if we
point.
At the 4/6 Utilities Commission meeting, the only proposal that
had been rejected by the City due to a lack of utilities was a
SuperAmerica development plan. At the 4/6 meeting, there was
only Phase I of Hillside Addition; CherryHill Bluffs 2nd
Addition was still a concept, and, as we all know, there is no
approved plans for a shopping center west of Highway 169. At
the 4/6 meeting, it appeared that there was no need for the
water system improvement to be authorized and in operation by
10/31/93 versus 6/1/94, especially considering that there was
limited hook up potential with new developments only being at
the concept level and not as approved proposals.
(Additionally, it should be noted that if any shopping center
plans get approved in the summer of 1993, it will be difficult
for the street system to be constructed this season and,
therefore, for any business to be in operation before 6/1/94 as
street work will need to be completed in May/June 1994).
is the issue of when
place in the northeast.
exists for the water
no exact answer to this
close to needing the
are not already at that
Another factor in ordering the water tower improvement project
is City ownership of the site. The Hillside site was
authorized to be purchased on 3/22, and on 4/6 the City did not
have title to the site. If necessary, the City could condemn
property for a water tower but we try to avoid this type of
situation. On 4/27 the City Attorney received the legal
description for the site and entrance to be incorporated into
the purchase agreement. It is not desirable to approve water
tower bids and authorize the tower construction on a site until
the site is owned by the City.
What also makes this water tower timing issue especially
difficult is the time necessary to construct these
improvement. Even if the water tower had already been approved
in order to be in operation by October 31, 1993, it still would
have had to been taken out of service to be painted on the
inside in May/June, 1994. It now appears that we have a number
of months available before the water tower needs to be
authorized in order for it to be totally completed around June
1, 1994. An important factor in this part of the timing issue
is that the inside of the water tower cannot be painted during
cold weather.
.
There is no magic answer as to when a water tower should be
authorized to be constructed and this issue certainly needs to
be reviewed by both the City Council and the Utilities
Commission at this 5/3/93 joint meeting.
Ie
e
e
JOINT MEETING OF THE ELK RIVER CITY COUNCIL
AND THE ELK RIVER UTILITIES COMMISSION
HELD AT THE ELK RIVER POWER PLANT
WEDNESDAY, FEBRUARY 17, 1993
Councilmembers Present: Mayor Duitsman, Councilmembers Scheel, Dietz,
Farber and Holmgren (arrived at 6:15 p.m.)
Commission Members Present:
Jim Simpson, Jim Tra11e and George Zabee
Staff Present:
Pat Klaers, City Administrator; Terry Maurer, City
Engineer; Lori Johnson, Finance Director; Bill
Birrenkott, Utilities General Manager; Glenn
Sundeen and Bob McCartney, Elk River Municipal
Utilities
Others Present:
Rick Foster, John Weicht and Don Heinzman
Mayor Duitsman called the meeting to order at 6:10 p.m.
Mayor Duitsman gave a short introduction of the topic relating to financing
water towers. He then turned the meeting over to Bill Birrenkott to discuss
the information that has been reviewed by the Utilities Commission.
Roger Holmgren arrived at this time.
Bill Birrenkott reviewed a memo he had written regarding the water tower
financing issue. He indicated that previously the need had never come up to
increase Water Access Charge (WAC) fees in order to set aside funds for a
water tower. Bill indicated that in the past, WAC fees have been mainly
used for watermain improvements and expansions. Recently, accumulated
WAC fees have also been used for the financing of the well and treatment
facility near Orono Park. The WAC fees have recently increased from $300
to $700 per connection. This increase will generate funds to help finance
future wells that are needed, but it is uncertain as to whether or not any
funds from this WAC fee will be available for the financing of water
towers.
Bill Birrenkott introduced the idea of a Water Impact Fee which could be
charged to the developer of vacant lands and the money would be set aside to
pay for water towers. Bill also discussed the possibility of using TIF
funds and requested that the Utilities payment of $120,000 paid to the City
to fund the 1985 TIF issue be refunded to the Utilities and be applied
toward the construction of the next water tower.
Mayor Duitsman asked whether projections had been made as to the
and revenues that would be received over the next few
Birrenkott indicated that the net water income, excluding the
now approximately $120,000 per year, but no future projections
water fees
years. Bill
WAC fees, is
had been made.
utilities Commission member, George Zabee, stated that there were several
criteria he felt the utilities should look at when financing water towers:
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:.
City Council/Utilities Commission Minutes
February 17, 1993
Page 2
1.
The method must be equitable and consistent.
2. It should not affect rate payers.
3. Developers should have to pay all associated fees prior to development.
4. If development doesn't occur, the Utilities must be able to handle the
payments.
5. A reserve must be set aside for emergencies.
George indicated that he agreed with the concept of a water impact fee.
A brief discussion was held regarding bonding for this project. Lori
Johnson, Finance Director, indicated that there were several methods
available; one being through water revenue bond, the other being a General
Obligation Bond. She indicated that pure revenue bonds are rather rare in
Minnesota and indicated there were several negatives including a higher
interest rate, a one year of debt service reserve requirement, and a pledge
of 120% of revenues to debt service. These factors make revenue bonds an
expensive and less desirable financing mechanism.
There was considerable discussion regarding the proposed water impact fee
policy and how it would be applied equally to new development and existing
development currently not served by the water utility. All concurred that a
policy would need to be approved in order to make collection of the Water
Impact Fees (WIF) equitable.
Mayor Duitsman indicated that TIF monies are available from TIF District No.
4, to help finance the water tower needed near Orono Park. Commissioner
Tralle gave background information on TIF No. 4 and the RDF settlement,
indicating that funds would be available from the source.
Mayor
if the
10.
10.
Duitsman questioned how much additional water storage would be needed
Council approved the extension of water utilities along East Highway
Terry Maurer discussed water improvements needed to serve East Highway
Councilmember Scheel expressed concern over the City wells causing problems
with other wells in the area because they are all in the same aquifer. City
Engineer, Terry Maurer, explained that this would not be a problem.
Commissioner Simpson and Bill Birrenkott both indicated that the water
utility would be able to support the debt to construct a well in the western
area and a well in the northern area.
Mayor Duitsman asked whether the water impact fee would be a charge just to
developers or whether everyone hooking into the water system would need to
pay the Water Impact Fee.
Pat Klaers indicated that there was
development proposals as fees are
that the WAC fee be raised in order
a problem in collecting the WIF on
collected only on plats. He suggested
to cover an amount which would be
./
.
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City Council/Utilities Commission Minutes
February 17, 1993
Page 3
charged as a Water Impact Fee, therefore, anyone hooking into the water
system would pay both fees.
There was discussion with developers Rick Foster and John Weicht regarding
the payment of fees. Rick Foster indicated that he felt the up front fees
were excessive now and that adding additional fees would drive development
out. Councilmember SCheel agreed, indicating that the Council must figure
out a way to keep development fees low.
The City
time of
of water
further
help the
Council agreed that everyone should pay a WAC and WIF fee at
hook up. Mayor Duitsman indicated that he would like to see $60,000
utility profit annually dedicated to pay for water towers. He
indicated that the City would be willing to use TIF reserve funds to
Utilities fund the water towers.
The City Administrator summarized the discussion and stated that this
meeting related to an overall plan to help finance future water towers and
wells and did not necessarily concentrate on any specific area of the
community; that there was an agreement that a fee needs to be collected from
everyone that hooks up to the water system in the future and that this fee
could consist of the WAC and an assessment or Water Impact Fee. The City
Administrator indicated that the Utilities and City staff would get together
to review all available revenues and costs for future improvements in an
effort to determine a recommendation on an appropriate fee and method for
collecting the necessary fee.
The utilities Commission agreed to authorize bids for the construction of
the water tower in the high pressure zone.
The joint meeting of the Elk River City Council and the Elk River Utilities
Commission adjourned at 8:15 p.m.
Respectfully submitted,
~J2j ~
Lori Johnson
Finance Director
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UTILITIES' CO~~ISSIONMINUTES
April 6, 1993
3:00 P.M.
Present Were:
James Tralle
James Simpson
George Zabee
President
Vice Chairman
Trustee
Others present:
Bill Birrenkott
Glenn Sundeen
Don Heinzman
Terry Maurer
Pat Klaers
General Manager
Line Superintendent
Elk River Star News
Maier Stewart & Assoc
City Administrator
1)
2)
The meeting was called to order at 3:00 P.M. by President Tralle.
Motion by Mr. Simpson seconded by Mr. Zabee to approve the
agenda. The motion carried.
3 )
Motion by Mr. Simpson seconded by Mr. Zabee to approve the minutes
of the previous meeting as distributed. The motion carried. .
The General Manager presented the Commissioners with several
scenarios to finance future tower exnansion and wells f=r the
water department. The variables which were discussed were the
Water Connection Fee, the percentage of rate generated cash to be
applied to tower and well construction, impact fees, and length of
loan financing. Pat Klaers presented a case in which the there
would be no "impact fees" which was discussed to some degree.
Motion by Mr. Simpson, seconded by Mr. Zabee, to request the City
Council to pass an ordinance requiring an "impact fee" to
developers of $300.00 per residential lot to be assessed at time
of lot closing. The motion carried unanimously.
The Commissioners also agreed that the Utilities Commission would,
at future dates, raise the Water Connection Fee 5% per year until
a fee of $1,200 is reached. The Commissioners also agreed that a
philosophy of applying 20% of rate generated cash would be used to
fund future tower and well imorovments. The Commissioners also
agreed that all bonds to be issued would carry a term of 30 years
with a "call priviledge".
5 )
Glenn Sundeen presented the Commissioners with a suggested change
to the Safety Manual.' Motion by Mr. Simpson, seconded by Mr.
Zabee, to incorporate the suggested change to be attached to and
become a part of these minutes. The Motion carried.
Developer fees for underground residential developments were
discussed. Motion bv Mr. Simpson, seconded by Mr. Zabee, to
charge developers for underground electricity to lot corners
$320.00 for lots with sewer and water and $420.00 for lots without
sewer and water. The Motion carried. The Commissioners also
instructed staff to review these charges annually.
...
. ",
7) The General Manager reviewed with commissioners the status of a
possible lawsuit regarding the electrical accident last summer.
8) The Line Superintendent reported on the status of construction
projects and operating conditions.
9) Motion by Mr. Zabee, seconded by Mr. Simpson to approve the
monthly expenditures. The motion carried.
10) The next regular meeting of the commissioners was set for Tuesday,
May 4, 1993 at 3:00 P.M. at the Utilities Office.
15) Motion by Mr. Simpson seconded by Mr. Zabee to adjourn. The
motion carried. Meeting adjourned at 5:45 P.M.
.
~Q-~
.Eill Eirrenkott
General Manager
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