4.4. SR 10-25-1993
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NSULTING ENGINEERS
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13"25 EBerro' Park Drive
81. PJIIII, MN S51118-S2lt2
5It-5(H389
e Fin: 5It-544-9445
9SOO Shelard Parkway, Ste,llt2
Ilinneapolis, M~ 5SW-5151
"t-~5-fl.f32
Fax: 512-~4-li398
ITEM 4.4.
October 21, 1993
File: 230-152-10
The Honorable Mayor and City Council
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: Sanitary Sewer/Water Trunk Assessment Policy
Dear Council Members:
As you are aware, Mr. Rick Foster has raised issues relative to the city's trunk sanitary
sewer and water assessment policy. At the request of the City Administrator, I have
prepared this correspondence to give my input on how the City has dealt with this issue in
the past.
In February 1992, a feasibility study was prepared to discuss the extension of utility service
to the area Mr . Foster is concerned about. That report estimated trunk assessment rates in
the neighborhood of $1000 to $ll00/acre and water assessment rates anywhere from $2500
to $5700/acre depending upon the improvements assessed. It would not be fair to base the
estimated actual cost of trunk sanitary sewer and water improvements in this area on this
fea'sibility study. Many things have changed relative to Elk Park Center since the date of this
initial study. The only reasonable way to estimate the total cost of improvements in this
district would be to wait until the Elk Park Center development plan is approved in
preliminary form and a feasibility study dealing with all major issues is authorized. That
study will indicate the cost of trunk sewer and water improvements through the Elk Park
Center area and will also estimate any lateral benefit those trunk facilities will provide. The
estimated cost together with portions of the February 1992 feasibility study estimate would
need to be combined to give an accurate reflection of the total cost of trunk improvements,
thereby allowing an actual assessment rate per acre to be calculated.
I believe Mr. Foster's contention is that the City's assessment policy indicates that trunk
sanitary sewer and water assessments will be on a service district basis. He further maintains
that the service district that his Hillside Estates and Cherryhill Bluffs projects fall in would
have a total trunk sanitary sewer and water assessment less than the $3800/acre that has been
charged to the initial developments. I believe that Mr. Foster's interpretation of the written
text in the City's assessment manual is correct. However, the question is, whether or not the
policy the City has followed in recent trunk utility assessments is in line with the written text
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The Honorable Mayor and City Council~
October 21, 1993
Page Two
or has been modified. As an example, the City Council is aware that the current assessment
policy on reconstruction of residenti!ll streets is to charge a unit cost of $22/front foot.
However, the assessment manual's written text would indicate that the reconstruction of
residential roads is to be assessed 100% to the abutting property owners. This is just one of
many examples throughout the assessment manual of items that have been changed by
Council action in the past but hav.e not yet been indicated by a redraft of the entire policy.
A similar example would be lateral storm sewer where the City Council has settled in on a
policy of assessing $8/front foot.
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The first major trunk sanitary sewer and water improvement project the City undertook was
the Western Area improvements. This was begun in the late 1980's. Through the various
studies, designs, and estimated costs, a rate of $3800/acre was arrived at as the cost needed
to fund the entire extension of trunk utilities to the western City limits. We really will not
know if this rate is correct until all trunk improvements are completed in the Western Area,
which will likely be several years. As other projects have followed the Western Area
improvem.ent, the same $3800/acre for trunk sanitary sewer and water have been utilized.
Examples of this would include all properties assessed in the first phase of the Western Area
improvements, Hillside Estates 1st Addition, Cherryhill Bluffs 1st and 2nd Addition,
Meadowvale Heights 1st Addition, and the Nord property north of Meadowvale Heights.
This $3800/acre cost has also been presented to the developers of the proposed Elk Park
Center. In addition, rough cost estimates of the improvements proposed for the East
Highway 10 corridor in the next several years have indicated assessment rates in the
neighborhood of $3800/acre. City Council discussion on the East Highway 10 area has
seemed to indicate a desire.to utilize this $3800/acre cost for trunk improvements and to have
the City fund any cost above that amount, should the assessments not cover the entire project
cost.
I hope this information is helpful in the City Council's consideration of this issue. I will be
in attendance at Monday evening's City Council meeting should you have any further
questions.
Sincerely,
MSA, CONSULTING ENGINEERS
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Terry J. ~~r~;,-p.E.
TJM:ds
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152-2109.OCT
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FROM:
MAYOR & CITY COUNCIL \)
PAT KLAERS, CITY ADM~R
OCTOBER 21,1993 \J,/::>?
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TO:
DATE:
SUBJECT: TRUNK ASSESSMENT POLICY
A very important City assessment policy is scheduled to be
reviewed by the City Council at this 10/25/93 meeting. It may
be that the issues involved in this policy are of such a nature
that the Council will need to review all the circumstances and
defer a decision on changing this policy (if necessary) to a
later date.
On the other hand, in very practical terms, the issue is
relatively simple. The issue is whether or not the City should
follow past practice of assessing trunk sewer and water out to
benefitted properties at the rate of $3,800 per acre, or
whether the City should attempt to assess out the actual costs
of these improvements on a district by district basis. (The
actual cost of these improvements are not known until long
after the assessment process is completed.)
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The issue before the Council is not interpreting what is
stated in the assessment manual as a policy, as this manual is
in need of being updated due to many changes that have been
made over the past few years by the City Council. For example,
the most recent assessment hearing for the Fresno Street
improvement project resulted in yet another City Council
initiated change in this Assessment Manual. This policy change
relates to the assessment of street benefits based on the
actual length of the surface not on the length of the
right-of-way.
Similar to street or storm sewer improvements, it is believed
that all properties should pay the same fair and equitable
amount for the benefit of trunk sewer and water. In the western
area project, it was determined that the cost for the trunk
system would be approximately $3,800 per acre. This amount has
since been the standard that has been used throughout the
community in actual projects and in planned future projects
(i.e., East Highway 10). The City also has standard assessment
rates for street and storm sewer benefits.
This $3,800 trunk sewer and
consideration that the trunk line
lateral benefit. If this lateral
consideration, the trunk costs would
basis.
water amount took into
sometimes also provides
benefit was not taken into
be higher on a per acre
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Mr. Foster is presenting the case that in each district the
exact amount of the trunk system should be assessed and if this
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
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.
is below the $3,800 amount, then these property owners should
receive reimbursement after the project area has been
completed. In the case of the western area improvement
project, this would be very difficult and a great deal of
negotiations would be necessary in order to determine precisely
what is included within the trunk system (i.e., sanitary sewer
lift stations, wells, towers, etc.). Also, the project in this
district will not be completed for a number of years until the
trunk system gets out to Waco Street. If the cost is lower
than $3,800 per acre, the City would then have to mail a rebate
(plus interest) to all the property owners in the western area
that received a trunk assessment.
On the other side of the issue, I don't believe the City or the
developer would find it reasonable to reassess their property
if the actual cost of trunk sewer and water was $4,500 per acre
when the original assessment amount was $3,800.
Currently the City believes that $3,800 per acre is reasonably
accurate for the cost of trunk sewer and water and that this
amount can be justified through the assessment process. We
don't believe this amount generates a profit, and if this
amount is short, we hope that assessment prepayments will cover
any shortfalls. We have used this amount in the past and are
planning on using this amount in the future and to change this
policy, based on the concerns of the developer in one
particular district, may have significant ramifications on all
future projects.