8.0. SR 06-04-2001MEMORANDUM
TO:
FROM:
DATE:
Mayor and Council
Pat Klaers, City Adm~/~!s/l~ator
June 4, 2001 ~~
SUBJECT: Review and Consider 2001-02 Projects
Item 8.0
The Utilities General Manager will be in attendance to discuss two topics under this agenda
item. The first item, which is attached for your review, is the purchase agreement between
the Utilities and the landowner for the East Elk River water tower site. This purchase is not
as simple as everyone would like, as the property is currently unplatted and not planned to
have municipal utilities (or assessments) until 2007. The Planning Commission and City
Council will soon see a request to have this property come into the urban service district and
for it to be platted. This will allow a lot to be sold to the Utilities. However, the landowner is
not ready to build homes on the site and is requesting the trunk assessments to be deferred
until he moves ahead with his project.
The second item which involves an update from the General Manager is the Central
Business District Improvement Project. Nothing is included in this packet for this agenda
item but both Terry Maurer and Bryan Adams should be able to answer questions and
provide an update on the status of this project.
The City Engineer has a number of items to review with the City Council. The last topic, the
Pavement Management Program, is anticipated to be the most lengthy discussion item. The
agenda items are as follows:
· WWTP Improvements
· Sealcoating
· Overlays
· Assessment Resolution
· 175th Avenue
· 221st Avenue
· Pavement Management Program
Additionally, a number of items need to be verbally presented to the City Council. These
items include an update on the following:
· West Hwy 10 Frontage Road Project
· East Elk River Project (Specifically County Rd 12)
· Funding for GIS Mapping Project
· Selecting MnDOT Tour Date
Councilmembers should feel free to add discussion items to the above list.
VACANT LAND PURCHASE AGREEMENT
1. PARTIES. This Purchase Agreement is made on
and between
MUNICIPAL UTILITIES, BUYER.
,2001, by
, SELLER, and ELK RIVER
2. OFFER/ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real
property located in Sherburne County, Minnesota, legally described as follows:
See attached Exhibit A.
The exact legal description to be determined by survey.
3. PRICE AND TERMS. The price for the real property included in this sale is One
Hundred Fifty Thous_and and no/100 Dollars ($150,000.00), which the Buyer shall pay
as follows:
Earnest money in the amount of Five Hundred and no/lO0 Dollars
($500.00), receipt of which is hereby acknowledged by Seller. (Earnest
money to be placed in the trust account of TERPSTRA, BLACK,
BRANDELL, JENSEN & MOORE; and
One Hundred Forty-Nine Thousand Five Hundred and no/lO0 Dollars,
($149,500.00), cash, on the date of closing.
4. DEED/MARKETABLE TITLE. At closing, Seller shall execute and deliver a
Warranty Deed, conveying marketable title to the Buyer, subject to:
a. Building and zoning laws, ordinances, state and federal regulations;
Restrictions relating to use or improvement of the property without
effective forfeiture provisions;
c. Reservation of any mineral rights by the State of Minnesota;
Utility and drainage easements which do not interfere with existing
improvements; and
The following exceptions to title which constitute encumbrances or
restrictions which have been disclosed to Buyer and accepted by Buyer
in this Purchase Agreement (must be specified in writing): none
I F:~J~DATA~E RJdI.~TWI~A
5. TAXES AND SPECIAL ASSESSMENTS. Seller shall pay all general real estate
taxes and installments of special assessments due and payable in the year prior to the
year in which the Closing occurs and in all years prior thereto. Seller and Buyer shall
prorate to the Closing all general real estate taxes due and payable in 2001. Buyer
assumes and shall pay all general real estate taxes in all years subsequent to Closing.
Seller SHALL PAY ON DATE OF CLOSING any deferred or delinquent real estate
taxes or special assessments.
6. CLOSING. The Closing (herein the "Closing" or "Date of Closing") shall take
place within five (5) days of the preliminary plat approval of Seller's proposed
development immediately adjacent to the subject property, or such earlier date as the
parties shall agree to at a location to be determined by the parties.
7. SELLER'S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN
WARRANTIES. Seller warrants that buildings, if any, are entirely within the boundary
lines of the property. Seller warrants that there is a right of access to the real property
from a public right of way. These warranties shall survive the delivery of the Deed.
8. CONDITION OF PROPERTY. Seller warrants that the property is not connected
to: city sewer; city water; cable TV. Seller shall remove all debris and all personal
property not included in this sale from the property before possession date. Seller has
not received any notice from any governmental authority as to the existence of any
dutch elm disease, oak wilt, or other disease of any trees on the property.
Seller's warranties and representations contained in this paragraph 8 shall
survive the delivery of the Deed, provided that any notice of a defect or claim of
breach of warranty must be in writing and given by Buyer to Seller within one year of
the Date of Closing or be deemed waived,
Buyer shall have the right to have inspections of the property conducted prior
to closing.
9. DISCLOSURE OF NOTICES. Seller has not received any notice from any
governmental authority as to violation of any law, ordinance or regulation. If the
property is subject to restrictive covenants, Seller has not received any notice from any
person as to a breach of the covenants.
10. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT.
11. POSSESSION. Seller shall deliver possession of the property not later than the
Date of Closing.
2 F:~-'~DATA~,MU-TWR. pA
12. TITLE. As soon as shall be reasonably possible after the date hereof, Seller shall
provide to Buyer the written commitment of Old Republic Title Insurance Company
committing to insure Buyer's fee title to the real estate constituting the Property, free
and clear of all encumbrances except as set forth herein. Seller shall bear the cost of
issuing such title insurance commitment, but Seller will not pay the premium for any
policy ultimately issued to Buyer thereunder. Buyer shall accept title subject to the
rights of all tenants on the Property. Buyer shall be allowed three (3) working days
after receipt of such commitment to examine title and making objections in writing to
the marketability thereof. If Buyer does not so object within said period, Buyer shall
be deemed to have waived for all purposes its right and ability to claim any defect or
objection to title. If any objection is so made, Seller shall have twenty (20) days from
receipt of such written objection to satisfy such objections. If such objections are not
satisfied within said twenty (20) day period (i) this Purchase Agreement shall be null
and void, (ii) neither party shall be liable for damages hereunder to the other party, (iii)
the Earnest Money shall be refunded to Buyer, and (iv) the parties shall execute and
deliver a Termination of Purchase Agreement in a form acceptable to seller.
13. DEFAULTS; REMEDIES. If either Seller or Buyer defaults in the performance of
this Agreement: (i) the non-defaulting party shall be entitled to all remedies available
at law or in equity against the defaulting party including, without limitation, the right
to require specific performance of the defaulting party of its obligations hereunder,
both parties acknowledging that the Property is unique; (ii) if Buyer is the defaulting
party, Seller may at its option, cancel and terminate this Agreement, and retain the
Earnest Money pursuant to Minnesota Statutes §559.21 and, (iii) in addition, the
defaulting party shall pay and reimburse to the non-defaulting party all of its costs,
expenses, disbursements and attorneys fees incurred in connection with securing such
relief, cancellation, damage or specific performance.
14. MINNESOTA LAW. This Agreement shall be governed by the laws of the State
of Minnesota.
15. HAZARDOUS WASTE REPRESENTATION. To the best of Seller's knowledge,
the property conforms to and complies with all applicable federal, state and local laws,
including environmental, energy and pollution control laws. The premises has been
used for agricultural purposes and will contain those substances normally associated
with a farm operation.
16. WELLS. To the best of Seller's knowledge, the premises contains no wells. In
the event wells are located upon the property, the cost of sealing said wells shall be
the Seller's obligation.
17. CANCELLATION BY EITHER PARTY FOR CONTAMINATION. Buyer or Seller,
at their discretion, may cancel this sale and Purchase Agreement and Seller shall return
3 F:~R.E'~D ATA~=RMU-T~'R.PA
the sum(s) paid as consideration, in the event Buyer, prior to the closing hereunder,
obtains at Buyer's expense soil or groundwater analyses, tank-tightness tests, or other
tests showing that the soil or groundwater at the Property is contaminated by
hydrocarbons or other regulated or hazardous substances, or that any underground
storage tank or piping at the Property does not test tight.
18. RIGHT TO ENTER PROPERTY; INDEMNIFICATION; REPORTS. Buyer shall have
access to the Property for purposes of performing surveys, soil and groundwater
sampling or analyses, underground tank and piping tightness testing, or engineering
borings and other testing; provided, however, that Buyer shall indemnify and hold
harmless Seller from and against all losses, damages, demands, claims, suits and other
liabilities, including reasonable attorney fees and other expenses of litigation, because
of personal or bodily injury or property damage resulting from Buyer's presence on or
use of the Property for Such testing. Buyer shall return the surface of the property to
substantially the same Condition as before such testing, ordinary wear and tear and
permanent groundwater or soil vapor monitoring wells installed during the course of
such testing excepted. Buyer promptly shall deliver a copy of all such test results to
Seller. Buyer is hereby authorized to report the results of any underground tank and
piping tightness testing, and soil or groundwater sampling or analyses, to federal, state
or local authorities having jurisdiction over the Property.
19. CONTINGENCIES. This Agreement is subject to the contingencies set forth in
Exhibit B. In the event such contingencies are not removed as specified hereafter, this
Agreement shall be null and void at the option of Buyer and the earnest money shall
be refunded to Buyer. All of the contingencies set forth in this Agreement are
specifically stated and agreed to be for the sole and exclusive benefit of the Buyer and
the Buyer shall have the right to unilaterally waive any contingency by written notice
to Seller.
20. NOTICES. Any notice, request or other communication between the parties
shall be in writing and shall be deemed effectively made or given either: (i) two (2)
business days after deposited in the U.S. Mail, postage prepaid, or (ii) on the date
personally delivered, if addressed as follows:
If to Seller:
Rick Foster
If to Buyer:
Elk River, MN 55330
Elk River Municipal Utilities
322 King Avenue
Elk River, MN 55330
4
F :~,E~DATA~.Ri~JU-T~A
21.
With a copy to:
MISCELLANEOUS.
Ronald G. Black, Esq.
TERPSTRA, BLACK, BRANDELL, JENSEN & MOORE
913 Main Street
Elk River, MN 55330
All captions in this Agreement are for convenience only and shall not be
deemed part of this Agreement and in no way define, limit, extend or
describe the scope or intent of any provision hereof.
This Agreement may be modified or amended only with the written
approval of both parties.
Seller to clear and grub the parcel at Buyer's expense at a cost not to
exceed- $3,600.00.
dj
Seller to establish grade for the access road and construct to rough
grade, not to exceed $6,000.00.
Buyer shall defer trunk line assessment until Seller develops the adjoining
tract but deferral shall be no longer than to the year 2007. Approval to
be placed in the sewer and water district shall not be unreasonably
withheld.
Seller to provide access to the site satisfactory to the Buyer at no cost
to the Buyer. At time of development, developer will pay all assessments
and water lateral benefit.
go
Seller to provide a survey at no cost to the Buyer. The corners of the
parcel shall be monumented by Seller's surveyor.
Seller to provide adequate storm water system for tower overflow and
emptying.
We agree to sell property for the price and
terms and conditions set forth above.
We agree to purchase the property for
the price and conditions set forth above.
Dated: ,2001. Dated: ,2001.
SELLER:
BUYER:
ELK RIVER MUNICIPAL UTILITIES
By:
Rick Foster
By:
George Zabee
F.'~R~DATA~RMI.t -'f WR.PA
Its:
Its:
By:
Its:
President
Bryan Adams
General Manager
EXHIBIT A
PLAT SKETCH
Buyer's
following:
EXHIBIT B
CONTINGENCIES
performance under this Purchase Agreement is contingent on the
1. Buyer obtaining at Buyer's option and expense, soil tests which indicate
that the property may be improved for construction of a water tower without
extraordinary building methods or cost.
2. Buyer obtaining approval by the Buyer's Commission in writing.
i~TA~T~A
LEGAL DESCRIPT~OI¢
'~e ~outhwe=l Quorte? ol the N~welt ~t~ of ~t~n I, To~ehlo 32, R~ge
PRE£ IMINA R F PlA T
OF
KI, IE VER LA KE tti££S
C
(~.J'~.OT A
-+-+-+
( I
I. TQ~OCFQI)41y ~lrnll~lecl by owner.
PRELIMINARY PLAT PHOENIX ENTERPRISES
Section !, Fownship 52. Range 28
TOTAL AREA .,1-'t9.6 AC.
NUMBER ~ LOTS 6,5
LOT AREA ~19,5,3 AC.
R.O.W. AREA l-~-13.82 AC.
OU'II.OT A _+_44.100 S.F.
OUTLOT B .'1:.29,266 S.F.
OUTLOT C +155,384 $.r.
DENSITY- 1.6 LOTS/AC.
SITE REOUIREMEN'T~
SETBACK FROM R.O.W. 30 FT,
LOT Y/IOTH AT SETBACK 80 FT.
GRAPHIC SCAL~
KUEVER LAKE HILLS
B ~ Mlqt~IESOTA ~ CXX/NTY
I 1 mm
210.00'
May 08, 2001 11:15:OO o.m.
812400J~EXHIBIT- 1 .DWG
R75.00'
I--I-
RSO. 00'
WELL
2,3.84'
I
BsACKWASH
EEPAGE
POND
U.P.A. EASEMENT
50
I
¢60.00'
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!=
I
/
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50.00'
210.00'
40.00'
PROPOSED ROAD
RIGH T- OF- WAY
66
NOTE: TOWER DIMENSIONS ARE BASED ON
A 1.5 MG TOWER
0 30
15
PROPOSED WATER TOWER
SITE
RIVERSIDE DEVELOPMENT
PROPERTY
~13~C~AL bTHr~
CONSULTING ENG~IEER~
EXHiBit'I
B 0 UNDA R Y
SURVEY I
IN SECTION L TO a'NSHIP 3~, RANGE 2G
HI VERSIDE COMPA NIE~
~OCAT~ON MAP
\
PARCgL, A
GRAPHIC SCALg
I. No title
2.
~RR~CA~ON
Howard R, Green Company
May 25, 2001
File: 811270J-0060
Honorable Mayor and City Council
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330-0490
RE: WASTEWATER TREATMENT PLANT UPGRADES
Dear Council Members:
We have tabulated the bids received last Thursday, May 24, 2001, for the maintenance
improvements at the wastewater treatment plant. These improvements consisted of
budgeted roof repairs and safety improvements to add additional ventilation to two of the
buildings. There were a total of three bids received. The following list provides the
bidders and their total bid:
Municipal Builders, Inc.
Encomm Midwest LLC
Gdder Construction, Inc.
$184,452.00
197,680.00
227,000.00
The preliminary analysis of the improvements needed at the wastewater treatment plant
anticipated the construction cost of these improvements to be $187,000.00. The Iow bid
received from Municipal Builders, Inc., is within the anticipated budget amount for these
improvements. Municipal Builders, Inc., has previously completed similar type projects
successfully. We would therefore recommend award to them as the lowest responsible
bidder in the amount of $184,452.00.
If you have any questions regarding this issue, I will be in attendance at your June 4,
2001, City Council meeting.
Sincerely,
Howard R. Green Company
e~rer, P.E.
TJM:tw
O:~PROJ~811270J\0060~tr 5-25-01 Council.doc
1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
oward R, Green Company
May 25, 2001
File: 814570J-0060
Honorable Mayor and City Council
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330-0490
RE: 2001 SEAL COAT PROGRAM
Dear Council Members:
As you are aware, annually the City budgets for seal coating a portion of the City streets.
Street Superintendent Phil Hals has come up with a recommendation for the 2001 Seal
Coat project. The streets in question are shown on the attached exhibit. Generally, they
include all residential streets south of County Road 30 (Mississippi Road) in the western
area of Elk River, together with Main Street from the Elk River bridge to TH 10, and
Jackson Avenue from Main Street to TH 169.
Attached is a resolution for the City Council's consideration that authorizes the
advertisement for bids for the 2001 Seal Coating program. As in other years, we would
bid the work in segments so, if needed, portions can be deleted to stay within budget. If
you have any questions regarding this information, I will be in attendance at your June 4,
2001, City Council meeting.
Sincerely,
Howard R. Green Company
TJM:tw
Attachments
O:\PROJ\814570j\0060\Ltr 05-23-01 Council.doc
1326 Energy Park Drive · St. Paul, MN 55108 ° 651/644-4389 fax 651/644-9446 toll free 888/368-4389
RESOLUTION 01-
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS
AND ORDERING THE ADVERTISEMENT FOR BIDS
IN THE MATTER OF THE
2001 SEAL COATING IMPROVEMENT
WHEREAS
pursuant to City Council direction, the Project Engineer has prepared plans and
specifications for the 2001 Seal Coating improvement, which plans and
specifications have been reviewed by the City;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota:
Such plans and specifications, a copy of which is attached hereto and incorporated
herein by this reference, are hereby approved.
The City Administrator shall prepare and obtain the publication of an advertisement for
bids for the making of the improvement pursuant to the attached plans and
specifications. The advertisement shall be published once each week for three
consecutive weeks, shall specify the work to be done, and shall state that the bids will be
received by the City Administrator until 10:00 a.m. on Thursday, June 28, 2001, at which
time the bids will be publicly opened in the Council chambers of the City Hall by the City
Administrator and the Project Engineer and will then be tabulated for consideration by
the City Council at a meeting thereof at 6:00 o'clock p.m. on July 9, 2001, in the City
Council chambers at City Hall. No bids will be considered unless sealed and filed with
the City Administrator and accompanied by a cash deposit, cashier's check, bid bond, or
certified check payable to the City Administrator in the amount of 5% of the amount of
such bid.
Passed and adopted this 4th day of June, 2001.
ATTEST:
Stephanie A. Klinzing, Mayor
Sandra A. Peine, City Clerk
o~
CITY
PARK
SEAL COAT
co.H(~d R. G~en Company
SULTING ENGINEERS
1526 ENERGY PARK DRIVE
ST.PAUL, MINNESOTA 55106
(612) 644-4589
LAKE
ORONO
HILLSIDE
CiTy pARK
Howard R, Green Oompany
May 30, 2001
File: 814700J-0030
Honorable Mayor and City Council
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330-0490
RE: 2001 OVERLAY IMPROVEMENTS
Dear Council Members:
In the past, the City has undertaken bituminous overlay improvements in an effort to extend the
useful life of streets throughout the City. These projects have historically been assessed 100%
to the benefiting property owners. Once again, Phil Hals, Street Superintendent, has come up
with a list of recommendations for 2001 overlay projects. These streets are shown on the
attached exhibit and include the following:
· Streets within Pinewood Addition
· Victoda Lane (delayed from the 1999 Oveday Improvement project)
· Streets within Sunset Ridge Addition
· 197th/198th Avenues between Trunk Highway 169 and Tyler Street
· Gates Avenue/Freeport Avenue between Main Street and School Street
· Streets within the Meadowvale Road/Upland Avenue area located just north of TH 10
· McChesney Industrial Park
Staff feels that all of these overlays, with the exception of Gates Avenue/Freeport Avenue, are
100% assessable to the abutting properties. Gates Avenue/Freeport Avenue is a major street
carrying traffic to the commercial areas on the west side of Highway 169 and therefore is likely
only partially assessable to the abutting properties. Attached is a resolution for the City
Council's consideration which would initiate the feasibility study for this project. Since this is a
City-initiated project, this resolution requires a 4/5 vote of the City Council to be adopted.
If you have any questions regarding these issues, I will be in attendance at your June 4, 2001,
City Council meeting.
Sincerely,
Howard R. Green Company
Terry J. MafJrer, P.E.
TJM:tw
Attachments
O:~PROJ~814700j\0030\Ltr 5-25-01 Council.doc
1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
RESOLUTION 0l-
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION OF THE CITY OF ELK RIVER
ORDERING A PRELIMINARY FEASIBILITY REPORT IN THE
MATTER OF THE BITUMINOUS OVERLAY IMPROVEMENT OF 2001
WHEREAS
the City has determined that it should consider improving certain property
by providing a bituminous oveday (the improvement)
· Streets within Pinewood Addition
· Victoria Lane (delayed from the 1999 Overlay Improvement project)
· Streets within Sunset Ridge Addition
· 197th/198th Avenues between Trunk Highway 169 and Tyler Street
· Gates Avenue/Freeport Avenue between Main Street and School
Street
· Streets within the Meadowvale Road/Upland Avenue area located just
north of TH 10
· McChesney Industrial Park; and
WHEREAS Council must first secure a preliminary feasibility study in order to
consider making the improvement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,
Minnesota:
This matter shall be referred to Howard R. Green Company, who is requested to
provide to the City Council a report advising, in a preliminary way, whether the
proposed improvement is feasible and whether the improvement should thus be
made as proposed or in connection with some other improvement and the
estimated cost of the improvement as recommended.
Passed and adopted this 4th day of June, 2001.
ATTEST:
Stephanie A. Klinzing, Mayor
Sandra A. Peine, City Clerk
O:~PROJ~814700j\0030~RESOLUTION 5-25-01.doc
CITY
PARK
0
LAKE
TOP OF
SCHOOL
ORONO
THE WORLD PARK
0 800
OVERLAY
.Hc~Va'd R. &een Company
SULTING ENGINEERS
1326 ENERGY PARK DRIVE
ST.PAUL. MINNESOTA 55108
(612) 644-4389
Howard R, Green Company
May 25, 2001
File: 230000M-0325
Honorable Mayor and City Council
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330-0490
RE: STREET RECONSTRUCTION ASSESSMENT RATES
Dear Council Members:
The City's assessment manual, which was last revised in 1989, states that the City Council will
by resolution from time to time establish street reconstruction assessment rates. The last time
this was done was January 1997. At that time, the street assessment rate for residentially
zoned property was set at $36.00 per assessable front foot. Commercial, industrial, and all
other zonings were set at $42.00 per assessable front foot. Although there is no immediate
street reconstruction assessment project moving forward, staff feels it would be good to have
this rate updated, especially with the rise in oil and bituminous costs since the last institution of
these rates. Also, it is possible that an assessment of 175th Avenue Improvements may be
considered if the necessary fight-of-way is not given by the abutting properties.
Therefore, we have taken a look at the construction cost index in the Twin Cities area from the
time that the rate was last established. It appears that when oil and oil-related products are
factored into the construction cost index history, the rise in construction cost would be between
15% and 17%. This percentage would bdng the residential rate to $42.00 per assessable foot
and the commercial/industrial rate to $48.00 per assessable foot. It should be noted that other
amenities such as storm sewer, sidewalk/trail, and street lighting have been in addition to these
rates on a project-by-project basis.
Attached for City Council's consideration is a draft resolution which would establish the rates for
street reconstruction projects at $42.00 per assessable front foot and $48.00 per assessable
front foot for all other zoned properties. Staff would recommend adoption of this resolution.
If you have any questions regarding this topic, I will be in attendance at your June 4, 2001, City
Council meeting.
Sincerely,
Howard R. Green Company
Terry J. I~ff'~urer, P.E.
TJM:tw
O:~PROJ~230000M~0325~r 05-25-01 Council.doc
1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
RESOLUTION 01-
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION ESTABLISHING THE ASSESSMENT RATE
FOR STREET RECONSTRUCTION IMPROVEMENT PROJECTS
WHEREAS,
the City has adopted a revised assessment manual on March 6, 1989, which
requires assessment rates for street reconstruction improvements be established
by resolution; and
WHEREAS, the City last increased the assessment rates over four years ago; and
WHEREAS, the assessment rates have been determined to need to be increased to offset
dses in construction costs;
NOW, THEREFORE, BE IT RESOLVED by the Elk River City Council of the City of Elk River,
Minnesota:
The street assessment rate for residentially zoned property shall be
$42.00 per assessable front foot and commercial, industrial, and all other
zonings shall be $48.00 per assessable front foot.
Passed and adopted this 4th day of June, 2001.
ATTEST:
Stephanie A. Klinzing, Mayor
Sandra A. Peine, City Clerk
O:~PROJ~30000M~0325~r 05-25-01 Council.doc
Howard R
, Green Company
May 29, 2001
File: 814130J-0030
Honorable Mayor and City Council
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330-0490
RE: 221 ST AVENUE IMPROVEMENTS
Dear Council Members:
Attached is a copy of the feasibility study for the paving of 221st Avenue from CSAH I to
the railroad trail. This project was initiated by action of the City Council in light of the
development of Ridges of Rice Lake along the north side of 221st Avenue. The
feasibility deals with the paving of an existing gravel roadway. The improvement is
proposed to be funded through two sources - first, a major contribution from the
developer of Ridges of Rice Lake, and second, assessments to the abutting property
owners along 221st Avenue. The assessment manual gives the City flexibility in
assessing these types of projects. Given the large size of most parcels along 221st
Avenue, it is proposed to assess them on an equivalent unit basis. The feasibility
proposes 100% of the cost to be paid by the developer of Ridges of Rice Lake and
assessment to the abutting property.
Attached for the City Council's consideration is a resolution receiving the feasibility study
and ordering the public hearing for July 9th, 2001.
If you have any questions regarding this project, I will be in attendance at your June 4,
2001, City Council meeting.
Sincerely,
Howard R. Green Company
T
~rer, P.E.
TJM:tw
O:~PROJ~814130J~tr 05-29-01 Council.doc
1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
RESOLUTION 01 -
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION RECEIVING THE FEASIBILITY REPORT
AND ORDERING A PUBLIC HEARING ON THE
IMPROVEMENT IN THE MATTER OF THE
221st AVENUE PAVING IMPROVEMENT OF 2001
WHEREAS
WHEREAS
the Feasibility Report ordered by the Council in Resolution 01-21 has
been prepared with reference to the 221st Avenue Paving improvement
and was received by the City on June 4, 2001; and
the Feasibility Report recommends that the proposed improvement is
feasible;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,
Minnesota:
The City Council will consider the 221st Avenue Paving improvement as
described in the Feasibility Report and the assessment of the property abutting
this proposed improvement for all or a portion of the cost of the improvement
pursuant to Minnesota Statutes, Section 429 at an estimated total cost for the
improvement of $224,300.
A public headng shall be held before the City Council on the proposed
improvement on the 9th day of July, 2001, at 6:00 o'clock p.m. at Elk River City
Hall Council Chambers.
The City Clerk shall provide two published notices (one week apart) in the official
newspaper with at least three days between the last publication date and the
hearing, and mailed notice ten days pdor to the hearing as required by law.
Passed and adopted this 4th day of June, 2001.
ATTEST:
Stephanie A. Klinzing, Mayor
Sandra A. Peine, City Clerk
O:\PROJ~814130J\RESOLUTION 05-29-01.doc
Project No. 814130J
FEASIBILITY STUDY
FOR
BITUMINOUS STREET IMPROVEMENTS
ON 221ST AVENUE
CITY OF ELK RIVER, MINNESOTA
MAY 2001
Howard R. Green Company
Project No. 814130J
CERTIFICATION PAGE
Feasibility Study
Bituminous Street Improvements
On 221st Avenue
Elk River, Minnesota
FEASIBILITY STUDY
FOR
BITUMINOUS STREET IMPROVEMENTS
ON 221 ST AVENUE
CITY OF ELK RIVER, MINNESOTA
MAY 2001
I hereby certify that this plan, specification, or report was prepared by me or under my
direct supervision and that I am a duly licensed Professional Engineer under the laws of
the State of Minnesota.
Terry J.~(/l~u/rer~ P.~.
License No. 15316
Date
Prepared By:
Kristina Thompson, E.I.T.
Date
Howard R. Green Company
Consulting Engineers
1326 Energy Park Drive
St. Paul, MN 55108
Phone: 651/644-4389
Fax: 651/644-9446
O:LPROJ~814130JXFeasibility Study.doc
Howard R. Green Company
Project No. 814130J
INDEX
Feasibility Study
Bituminous Street Improvements
On 221st Avenue
Elk River, Minnesota
TITLE PAGE
CERTIFICATION PAGE
INDEX ............................................................................................................................................... i
INTRODUCTION ............................................................................................................................ 1
SCOPE ............................................................................................................................................ 1
EXISTING CONDITIONS ................................................................................................................ 1
PROPOSED IMPROVEMENTS ..................................................................................................... 1
EASEMENTS AND PERMITS ........................................................................................................ 2
NECESSITY AND COST-EFFECTIVENESS ................................................................................. 2
ESTIMATED PROJECT COST ...................................................................................................... 2
FINANCING .................................................................................................................................... 3
PROJECT SCHEDULE .................................................................................................................. 3
CONCLUSION ................................................................................................................................ 3
APPENDIX A
PRELIMINARY ASSESSMENT ROLL
EXHIBIT 1
LOCATION MAP AND TYPICAL SECTION
O 5PRO J5814130JLFeasibility Study.doc
Howard R. Green Company
Project No. 814130J
Feasibility Study
Bituminous Street Improvements
On 221st Avenue
Elk River, Minnesota
INTRODUCTION
This feasibility study was authorized by City Council Resolution 01-21, adopted at their April 9, 2001
meeting at the request of the Developers of the Ridges of Rice Lake project. This feasibility study
was initiated by the City Council based on the development of two parcels that abut the roadway.
This study was conducted to determine the feasibility of paving 221 st Avenue within the City. The
street considered for improvement is shown on Exhibit 1.
SCOPE
The purpose of this study is to analyze the feasibility of paving 221st Avenue from CSAH 1 (Elk Lake
Road) to the City Railroad Trail. This study will discuss the existing conditions, proposed
improvements, and estimated project costs. The total project cost consists of construction costs
plus overhead costs, which include City administration, engineering, fiscal and legal expenses.
Minnesota Statute 429 will be followed to assess benefiting property.
EXISTING CONDITIONS
Developers of the Ridges of Rice Lake project have expressed a desire to have 221st Avenue
bituminous surfaced. The existing roadway is currently surfaced with gravel only. 221 st Avenue is
in good condition as a gravel road, but requires frequent grading and has periodic dust concerns.
This street serves all of the homes within the project vicinity, and paving will offer many benefits,
including a cleaner neighborhood appearance, less traffic noise, less wear and tear on vehicles and
increased traffic safety. The traveled street currently ranges from 26 feet to 27 feet wide, with a total
length of approximately 6,659 feet, or 1.26 miles. This street has a rural cross section with roadside
ditches.
Traffic counts were taken on this road in 1999. The average daily traffic count was 150 vehicles.
The traffic volume is predominantly vehicles from the abutting residential properties and truck traffic
from the gravel operations and landfill. This street has had regular maintenance in order to maintain
the granular surface. The street currently has approximately 6-8 inches of gravel material, which is
in good shape and will make an excellent roadway base for the bituminous pavement.
PROPOSEDIMPROVEMENTS
The project includes 221st Avenue from CSAH 1 (Elk Lake Road) to the City Railroad Trail and is
shown on Exhibit 1. This street collectively serves approximately seven homes. The proposed
development, The Ridges of Rice Lake, contains an additional 70 units.
The proposed improvements to the road will create a street width of 24 feet of bituminous pavement
and 2 feet of gravel shoulders on each side. The existing gravel will be used as a sub-base, and an
additional 2 inches of gravel will be placed and graded to obtain a standard crown on the surface.
Subsequently, 3% inches of bituminous surfacing would be placed in two lifts consisting of a 2-inch
base course and a 1%-inch wearing course. No soil borings have been obtained at this time, and
the pavement section will be dependent on the findings of the soil borings.
O:LPROJ~814130JXFeasibility Study. doc
Howard R. Green Company
Project No. 814130J
Feasibility Study
Bituminous Street Improvements
On 221st Avenue
Elk River, Minnesota
The street can be paved while maintaining local traffic, so there will be limited disruption during
construction. Paved driveway aprons will be placed to minimize any grade changes where
driveways meet the street. No changes to the existing ditches or drainage patterns are proposed.
EASEMENTS AND PERMITS
The right-of-way width for this street is 66 feet and is adequate for these improvements. No work is
proposed outside of the right-of-way.
No permits from any local or state agencies will be required for this project.
NECESSITY AND COST-EFFECTIVENESS
The street being reviewed in this report is currently a gravel road. The project is necessary to
provide the residents of this area with a safe and adequate public transportation system. The
project will minimize maintenance cost, provide dust control measures, provide a cleaner
neighborhood appearance, reduce traffic noise, decrease wear and tear on vehicles, and increase
traffic safety. The project is cost-effective, as it utilizes the existing gravel base and minimizes
disruption to the right-of-way and adjacent properties.
ESTIMATED PROJECT COST
The estimated construction and project cost for the proposed improvements is provided below in
Table 1.
The project cost includes both construction and overhead costs. In accordance with the City's
assessment manual, the overhead costs are estimated as 28% of the total construction cost. The
overhead cost includes city administration, engineering design, construction staking and inspection,
and fiscal and legal costs. Since this project will not require detailed plans and specifications, the
overhead has been reduced to 15%.
TABLE 1
221s'r AVENUE IMPROVEMENTS
ESTIMATED COST
Estimated Total Construction Cost
Overhead (15%)
TOTAL PROJECT COST
$195,000.00
29,300.00
$224,300.00
OSPROJ\814130J~Feasibility Study. doc
2
Howard R. Green Company
Project No. 814130J
FINANCING
Feasibility Study
Bituminous Street Improvements
On 221st Avenue
Elk River, Minnesota
It is assumed that the Developers of the Ridges of Rice Lake project will fund approximately 50% of
the total project cost. The remaining 50% or$112,150.00 will need to be funded bythe City through
assessments to the other benefiting properties. The City's assessment manual provides some
flexibility in how these types of assessments are levied. It is recommended that in this case the
equivalent parcel basis be used to equitably divide the project cost among the benefiting properties
given the rural nature of the area and the large size of the parcels. The equivalent parcel basis
method requires that each of the large parcels be evaluated to determine the maximum number of
parcels it can be subdivided into in the future. The current zoning of this area requires a minimum
lot size of 10-acres and a minimum of seventy-five feet of front footage. Using this method, there
are a total of thirty-one parcels.
The existing parcels and corresponding property id numbers are shown on Exhibit 1. The maximum
number of parcels that each large parcel can be subdivided into using the method described above
is shown in Appendix A. Dividing thirty-one parcels into $112,150.00 results in a proposed
assessment rate of $3,625.00 per parcel. The preliminary assessment roll provided in Appendix A
gives the total assessment per existing parcel. The assessment roll also identifies the two parcels
to be developed into the Ridges of Rice Lake Subdivision. Although the Developer's contribution will
be required as part of the Developer's Agreement and is not an actual assessment, their share of
the road construction is shown in the assessment roll to show total project funding.
PROJECT SCHEDULE
The following project schedule for the 221 st Avenue Improvement Project is based upon guidelines
in Minnesota State Statues Chapter 429 for assessment of local improvements:
Order Feasibility Study
Receive feasibility study, order public hearing
Hold Public Hearing
Order plans and specifications.
Order Advertisement for Bids; establish amount to be
Assessed and set assessment hearing date
Open bids
Hold assessment hearing and award contract
Begin construction
Complete construction
April 9, 2001
June 4, 2001
July 9, 2001
July 9, 2001
August 2, 2001
August 13, 2001
August 2001
September 2001
CONCLUSION
Based on the information gathered and the analyses presented, the proposed bituminous street
improvements are feasible from an engineering standpoint and would meet all standards set forth by
the City. The improvement in this street would be another step in improving the street infrastructure
within the City of Elk River. The estimated project cost is $224,300.00.
O 5PROJ~81413 0J~Feasibility Study.doc
Appendix A
AssesSment Roll
Project No. 814130J
221st Avenue
Assessment Roll
NO. P.I.N. OWNER STREET CITY, STATE, ZIP FRONT AREA ASSESSABLE TOTAL
FOOTAGE ACRE UNITS ASSESSMENT
1 75-104-3300 Hetrick, David & Patricia 12685 221st Ave NW Elk River, MN 55330-9304 250.02 2.5 1 $3,625.00
2 75-104-3305 Jones, Randall M 12781 221st Ave NW Elk River, MN 55330-9413 300.02 1.8 1 $3,625.00
3 75-104-4300 Hipsa~l, Douglas & Jacklyn 12269 223rd Ave NW Elk River, MN 55330-9311 663.65 18.8 1 $3,625.00
4 75-104-4305 Airhart, Steven S & Donna M 22130 Quinn St NW Elk River, MN 55330-9306 599.16 3.9 1 $3,625.00
5 75-104-4306 Hipsa~], Paul D 22272 Quinn St NW Elk River, MN 55330 338.13 12.7 1 $3,625.00
6 75-104-4307' Hipsa~, Dean & Hudson, Kelly 12210 221stAve NW Elk River, MN 55330-9308 635.22 19.2 1 $3,625.00
7 75-105-4200 Thompson, Richard & Judith 22248 Elk Lake Road NW Elk River, MN 55330-9438 124.51 1.1 1 $3,625.00
8 75-105-4305 Ruis, Garry & Judith 13175 221st Ave NW Elk River, MN 55330-9416 420.05 3.2 1 $3,625.00
9 75-105-4400 Thompson, Richard & Judith 22248 Elk Lake Road NW Elk River, MN 55330-9438 2166.7 67.9 6 $21,750.00
10 75-108-1000 Thompson, Carl E & Sally J-T 22017 Elk Lake Road NW Elk River, MN 55330 2711.26 95.6 9 $32,625.00
11 75-109-1201 Hipsa~, Dou~]las & Jacklyn 12269 223rd Ave NW Elk River, MN 55330-9311 1695.48 50.6 5 $18,125.00
12 75-109-2200 Thompson, Carl E & Sally J-T 22017 Elk Lake Road NW Elk River, MN 55330 1325.31 39.6 3 $10,875.00
13 75-104-3301 Rid~]es of Rice Lake $55,962.00
14 75-104-3400 Rid~]es of Rice Lake $55,963.00
Total Front Foota~le 11229.51 31 $224,300.00
*Includes parcel area for P.I.N. 75-109-1200 which is owned by Dean Hipsag and Kelly Hudson
Total amount to be assessed = $112,150.00
Amount to be assessed per unit = $3,625.00
O:\Proj\81 ,~ ~ '~0j~,ssessme ntRoll-221 st.xls
Exhibit 1
Location Map and Typical Section
i'" RIDGES n: RICE LAKE
33' I 33'
DITCH
4'
. I
I
TYPICAL STREET gECSION
APPRO~D:APPRO~D BY:~r[i 25. 2001 JOB~:oi:o1NUMBERu~. ~14~30j PR~ESS~ALsTA~[ 0 ..... [SO~A,[NCIN[[R UNDER TH[ LA~ ~ THE ~ (612) 644--4389 C~ OF ELK R~R 2~ A~NUE 1
CONSULTING ENGINEERS 1
Howard R, Green Company
MEMORANDUM
To:
From:
Subject:
File:
Date:
Honorable Mayor and City Council
Terry Maurer
175th AVENUE IMPROVEMENTS
806550J-0060
JUNE 4, 2001
As I discussed with the City Council in my update last month, I believe the decision as to
whether or not to include sanitary sewer and watermain in the upgrade of 175th Avenue may
need to be revisited. There are a couple of reasons for this request. First, as Council Member
Dietz reported at the last Utility Commission update, the Elk River Municipal Utilities are very
close to closing on a piece of property located just north of 175th Avenue as the location for
their new water tower. Water system modeling has shown that fire flows will be enhanced at the
south end of the East Elk River Improvement project if the new water tower is connected to
watermain along 175th Avenue heading over toward Tyler Street. The second reason I am
requesting this decision to be reconsidered is the activity staff has seen on the Mitchell property.
As you are aware, there have been discussions about the School District acquiring 40 acres of
the Mitchell property for a new elementary school. Also, in the past few weeks we have had
calls from two potential developers interested in the Mitchell property. It seems highly likely that
the Mitchell property will develop before the 2007 time frame provided for in the City's
comprehensive plan.
Also, it appears more and more likely that the construction of CSAH 12 will not leave adequate
time for the 175th Avenue to begin in 2001. Therefore, the best scenario would be to begin the
project in the spdng of 2002 and complete it in the spring of 2003. If staff is correct that the
Mitchell property will want to develop pdor to 2007, it is likely the Mitchell property will be looking
for utilities within a year or two after the 175th Avenue improvement project could be completed.
In fact, if the City Council is interested, the timing of the 175th Avenue improvements could be
postponed slightly and started in the fall of 2002, with the bulk of the improvement completed in
2003.
I will be in attendance at your June 4, 2001, Council meeting to discuss this further.
TJM:tw
O:~PROJ\806550j\0060\Memo 05-29-01 Council.doc
1326 Energy Park Drive · St. Paul, MN 55108 ° 651/644-4389 fax 651/644-9446 toll free 888/368-4389
Howard R, Green Company
May 30, 2001
File: 802400J-0325
Honorable Mayor and City Council
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330-0490
RE: PAVEMENT MANAGEMENT PROGRAM
Dear Council Members:
About four years ago, staff began working on a Pavement Management Program beginning with
the streets in the old core City. Work on this project was put on hold as the East Elk River
Improvement project began to take center stage. However, in the last few budget cycles, the
City Council has dedicated a portion of the City levy to a fund for future pavement management
replacement projects. Now that the East Elk River Improvement project is winding down, staff
feels it is time to finish work on the Pavement Management Program.
The attached map shows all the streets in the core City that were analyzed in the initial stages
of preparing a Pavement Management Program. Preliminary construction cost and overhead
estimates were prepared for each of these. Staff's vision for the Pavement Management
Program would consist of a uniform streetscape for all of the old core City streets. This may
include the following:
· A standard street width which may allow several of the wider streets in the old core City to
be narrowed.
· Concrete curb and gutter throughout the old core City.
· Concrete sidewalks replaced where they currently exist and constructed where they
currently do not exist.
· Standard street lighting throughout the old core City.
· Improvements to the storm drainage system where necessary.
· Repairs and/or upgrades to the existing sanitary sewer and water systems.
Attached are two photographs which show a concept of a before and after vision of one of the
streets in the old core City.
Staff feels that funding for such a program can consist of several factors. These would include
assessments to the abutting benefiting properties, City contribution, utility fund contribution for
improvements to the sanitary sewer and water system, surface water management fund
contribution for storm drainage improvements, and Municipal State Aid funding where
appropriate. Staff has discussed the potential assessment component to a funding scheme.
We feel the best scenario for assessments to benefited properties would be a per unit
assessment without regard to size of lot, location of lot (comer or mid-block), or without regard
to actual improvement project components.
O:\PROJ\802400j\0325\Ltr 05-29-01 Council.doc
1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
Honorable Mayor and City Council
May 30, 2001
Page Two
Finally, to be successful, staff feels that there needs to be adequate time allowed for public
involvement in the process. Therefore, it would be staff's recommendation that the
implementation of a Pavement Management Program would consist of a construction project
every other year. This would allow sufficient time for public informational meetings and
individual feedback on design concerns. The following provides a tentative schedule on how a
pavement management project could proceed:
· August - Identify upcoming Pavement Management Program project and prepare initial
scope of improvements.
· September- Hold a public informational hearing with affected property owners.
· October- Prepare formal feasibility study including public informational headng input.
· November- Hold public headng before City Council.
· November through February - Prepare plans and specifications.
· March - Coordinate walk-through of affected properties with completed plans.
· Apdl- Bid project.
· April- Hold assessment headng.
· May - Award project and start construction.
· September- Construction substantially complete.
· June - Final lift of bituminous placed and any punchlist work completed.
· July - Final project with contractor.
· August- Begin new Pavement Management Program improvement project.
As you can see from the schedule, by stretching the project over a 2-year pedod, there is ample
time allowed for public involvement and input throughout the entire process. Staff is hopeful
that after the first project to upgrade streets in the old core City, the subsequent projects will be
an easier sell when the affected neighborhood can see what the end result will look like. This
was exactly the case a few years ago in the Orono Lake 3rd Addition when only Fresno Street
was reconstructed to get trunk utilities to the south side of County Road 30. Two years later,
the remaining neighborhoods came in and asked for an improvement to upgrade their streets
similar to Fresno Street.
Staff would like confirmation from City Council as to how we should proceed with this program.
The next step we see would be to further define the types of improvements necessary in the old
core City, upgrade the cost estimates from four years ago, and start to divide the old core City
into reasonably-sized projects. At that time, staff could report back to the Council in greater
detail, and City Council could consider initiating the first project in the late summer or fall of this
year.
If you have any questions regarding this information, I will be in attendance at your June 4,
2001, City Council meeting.
Sincerely,
Howard R. Green Company
Terry J. M~irer, P.E.
TJM:tw
R, Green Company
CONSULTING ENGINEERS
LAKE
ORONO
OAK
KNOLL
PARK
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LION'
PARK
PLAZA
RIVER
PLAZ,
LEGEND
STREET RECONSTRUCTION
DESIGNED BY: I ~ BY$
APPROVED BY: -- JO8 NUMBER
CAD DATE: MOV 15' 2001 9.22:20
CAD FILE: 802400~1:~ Memt
1326 E~IE~GY PN~K DRI~E:
ST. PAUl., MINNESOTA 5510~
(650
F~crad R. C~cn Company
CONSULTING ENGINEERS
RIVERSIDE
COMPANIES
June 1, 2001
Honorable Mayor Stephanie Klinzing
Elk River Gty Counci.lmembers
13065 Orono Parkway
Elk River, MN 55330
Dear Mayor Klinzing and Councilmembers:
As you are aware, Riverside Companies has negotiated with Elk River Utilities to sell one acre of
land for the construction of a water tower in east Elk River. The acre of land is within a 40-acre
parcel south of the Holzem property south of County Road 12. This proper%- is not currently
within the Urban Service District nor is it platted. We ~vill be submitting a land use amendment and
preliminary plat request for review by the Planning Commission in July.
Our purchase agreement defers trunk watermain assessments and fees until development occurs. At
this time it is un-known if trunk sewer will be installed at the same time as the trunk watermain. We
would like to clarify our position regarding trunk sanitary sewer assessments. If trunk sanitary server
were installed, we would request that assessments be deferred until Fall 2003. We do not anticipate
developing this property until that time. If trunk sanitary sewer were not installed, we ~vould follow
the City's assessment policy at the time that the property was developed for residential purposes.
It is our hope that the City Council finds the above positions favorable.
If you have any questions, Daryl Thompson will be in attendance at your June 4, 2001 meeting to
further discuss this.
Sincerely, ,/
Richard Foster
Riverside Development
FED ~D~ Riverside Construction of Elk River, Inc.
4~-t79°~24~-,w,--~,~=--iOg30,~¥~ar~s~Street, Suite 115 Elk River, MN 55330
(763)241-1801 Fax (763)241-1399
License #
20060865