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Prior Lake. MN 55372
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CITY COUNCIL AGENDA REPORT
MEETING DATE: February 11, 2013
AGENDA #: 11 B
PREPARED BY: Dan Rogness, Community & Economic Development Director
PRESENTED BY: Dan Rogness
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING THE SEWER AND
WATER FEE DEFERRAL PROGRAM POLICY
DISCUSSION: Introduction
The Metropolitan Council has approved a new program that allows cities to partici-
pate in the SAC Deferral Program (SAC refers to Sewer Availability Charge).
Somewhat in parallel, the city offers businesses an option of paying city sewer
and/or water fees over a 3-year period. City staff views these programs as econom-
ic development assistance to businesses. In order to better serve a potential busi-
ness applicant, city staff is proposing that the city approve participation in the SAC
Deferral Program, and also amend the city's sewer/water fee payment program (or-
dinance) in order to mirror the Met Council program.
Hi StOry
Public entities are required to build portions of their water treatment, storage and
distribution facilities and sewer systems as though the city has reached build out. So
the terms like oversizing mean the added size built into roads, pipes and the like so
they can serve the community when it is fully developed.
Accordingly, cities and other public agencies use proxies to establish how to appor-
tion and collect current and future costs. The Metropolitan council has the SAC unit.
SAC means sewer availability charge. One SAC unit is 179 gallons of water usage
or effluent per person per household. The city has water tower, water availability and
sewer availability charges. All of these charges have been historically collected in
full from the builder/developer together with the costs of various types of permit fees
and plan review charges. Our units are identical to the units identified above.
Some years ago the city, by ordinance allowed water and sewer availability fees and
water tower charges to be financed over three years provided that 25% was paid at
the time of building permit, and the remainder was spread over three years in equal
installments accruing 8% interest. The owner must enter into a special assessment
agreement with the city. Permit fees are excluded from this program.
The Metropolitan Council used to require that all SAC fees be paid up frontl. Howev-
er in today's economy, they have begun to rethink their approach. Met Council for-
mally adopted a new program in 2013 that allows for the deferment of SAC fees for
small businesses (those that receive SAC determinations of 10 units or less). In
2013, one SAC unit equates to $2,435. A participating city can enter into an agree-
ment with an eligible small business to spread out the SAC payment up to ten years
at an interest rate established by the Met Council. That rate will be 2.37% in 2013.
Current Circumstances
Economic development is a high priority of the city council so staff has been evaluat-
ing how to be more development friendly. Staff's conclusion is to adopt the SAC de-
ferral program established by the Metropolitan Council and modify the city's ordi- I
nance to mirror the metropolitan program. Shown below is a table comparing the !,
current program, the metropolitan alternatives and two options for the city council to I,
discuss: '
Pr�p�sed Proposed
Category Met Council Prior Lake Lo�aLA Loca) 8
% of fees deferred up to 80% 75% 8096 �U96
Term of deferment up to 10 yrs 3 years ���; 5 year,s �. 5�',e��'s ����
Interest rate ( 2013) 2.37% 8.00% ' 2.37% 3.9896
Eligibility Small Business Anyone Sr��ll Busir�ess �inyone
Security City Decision Assessment A�sessment � Assessmer�t I
The terms of the deferral program are proposed to include::
1. Met Council SAC Deferral Proqram: 5-year term; 2.37% (2013); 20% paid
up-front; secured by assessment agreement against the property; eligible
small business with a SAC determination between 3 and 10 units.
2. City Payment of Permit Fees — Local A: 5-year term; same interest rate as
Met Council program; 20% paid up-front; secured by assessment agreement
against the property; eligible only to small businesses using same Met Coun-
cil definition.
3. City Payment of Permit Fees — Local B: 5-year term, interest rate same as
city's special assessment rate; 20% paid up-front; secured by assessment
agreement against the property; eligible to any business or property owner
with 11 or more SAC unit determination.
This is a new economic development initiative being proposed by city staff and the
EDA. It is viewed as an important "tool in the toolbox" to provide a means to assist
business growth in Prior Lake. Attached is an ordinance amendment to City Code
Sections 704.500 and 705.600 for council consideration which would implement the
small and large city deferral program outlined above. A complete copy of the pro-
posed policy is attached for council review.
The EDA held a special meeting on Monday, February 4 to discuss a proposed pol-
icy for a"regional" and "local" sewer/water fee deferral program. The regional part
relates to the Met Council SAC Deferral Program, and the local part relates to the
city's deferment of sewer and/or water fees. The EDA supports a policy creating a
new umbrella program for them, but it also recommended another provision for the
local program that would allow a business or property owner to apply for deferment
with SAC units greater than ten (10). The EDA also recommended that the EDA
use its funding to front-end payments to the city's sewer and water funds, thereby
being responsible for deferment repayments from the approved applicant.
For city council information, the city staff has been working with the owners of the
Artisan Bistro, which is planning to expand in South Lake Village from 1,410 to
2
2,775 square feet. Their intent is to move into the old "Quiznos" space. They have
already paid four (4) SAC units for their first phase, and now will need to pay anoth-
er 4-5 units. Based on an assumption of five SAC units, the total cost would be ap-
proximately $26,000 for Met Council SAC and City sewer/water fees (approximately
$13,000 each).
ISSUES: The proposed program has been designed to facilitate business development. For
that reason, deferral of SAC units less than three are not part of the program. A typ-
ical home would be assessed one unit.
The council may ask what the impact such deferrals have on the city's ability to pay
oversize costs when they are needed. To combat that, staff has contemplated that
the EDA will pay for the city deferrals out of their budget. Therefore, unless the city
council authorizes a budget adjustment, there would be a maximum of $60,000
available in the EDA budget for this purpose in 2013.
The EDA also intends to monitor the effectiveness of this program over time and
recommend amendments or even discontinuation if warranted. i
FINANCIAL The EDA has $60,000 in its 2013 budget that could be used to provide some up- I
IMPACT: front funding for the local program. For example, that would be approximately
$13,000 for the Artisan Bistro. For continued operations of the program, the EDA
will need to include funding into its 2014+ budget requests to the City Council.
ALTERNATIVES: 1. Motion and second to approve the Sewer and Water Fee Deferral Program Poli-
cy, as proposed or may be amended.
2. Motion and second to authorize the Mayor and City Manager to execute the
Master SAC Deferral Agreement with the Metropolitan Council.
3. Motion and second to approve an ordinance amendment for City Code Section
704.500 and 705.600.
4. Motion and second to table this item to a date certain.
5. Take no action.
RECOMMENDED Staff recommends approval of Alternatives #1, #2 and #3.
MOTION:
ATTACHMENTS: 1. Draft program policy.
2. Met Council program description.
3. Master SAC Deferral Agreement.
4. Ordinance amending City Code Sections 704.500 and 705.600
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4646 Dakota Street SE
'�'tivxsso'��' Prior Lake, MN 55372
RESOLUTION 13-x�cx
A RESOLUTION APPROVING THE SEWER AND WATER FEE DEFERRAL PROGRAM POLICY,
APPROVING A MASTER SAC DEFERRAL AGREEMENT WITH THE METROPOLITAN COUNCIL, AND
AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO THE MASTER SAC DEFERRAL
AGREEMENT WITH THE METROPOLITAN COUNCIL
Motion By: Second By:
WHEREAS, The City of Prior Lake allows a deferment of sewer and water fees in City Code Sections
704.500 and 705.600; and
WHEREAS, The Metropolitan Council has approved a SAC Deferral Program for small businesses
effective January 1, 2013; and
WHEREAS, The City of Prior Lake desires to participate in the Metropolitan Council's SAC Deferral
Program and to amend the City's code to create a sewer and water fee deferral program for ,
certain city and metropolitan fees with identical guidelines to the extent possible; and
WHEREAS. To participate in the regional deferral program and to establish a local program, the City
Council must authorize participation in the regional program through adoption of the master
agreement, and;
WHEREAS, To establish a local program and to develop guidelines consistent with the regional program,
the city has developed a Sewer and Water Fee Deferral Program Policy describing the
program to be implemented by the City and its Economic Development Authority.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporatetl herein.
2. The Sewer and Water Fee Deferral Program Policy is hereby adopted.
3. The Master SAC Deferral Agreement with the Metropolitan Council is hereby approved.
4. The Mayor and City Manager are hereby authorized to execute the Master SAC Deferral Agreement.
PASSED AND ADOPTED THIS 11� DAY OF FEBRUARY, 2013.
YES NO
Hedber Hedber
Keene Keene
McGuire McGuire
Morton Morton
Souku Souku
Frank Boyles, City Manager
Sewer and Water Fee Deferral Program Policy
City of Prior Lake, Minnesota
Adopted February 11, 2013
Sections I through VII of this document govern the use of two programs, including the Metropolitan
Council's "SAC Deferral Program" for certain sewer fees ("Regional Program") and the City of Prior
Lake's "Payment of Permit Fees" for certain sewer and water fees ("Local Program"). Hereinafter, the
City of Prior Lake is referred to as the "City".
SECTION I - PURPOSE.
The purpose of this policy is to establish procedures to regulate, coordinate, and facilitate the approval
of certain sewer and water fee deferrals for eligible businesses or properties. Eligible businesses or
properties can apply for the deferral of a portion of one or more sewer/water fees, including:
1. Metropolitan Council Sewer Availability Charge (SAC) — Regional Program sewer fee;
2. Prior Lake Sewer Connection Charge — Local Program sewer fee;
3. Prior Lake Water Connection Charge — Local Program water fee; and
4. Prior Lake Water Tower Charge — Local Program water fee.
For any SAC deferral between a minimum of three (3) and a maximum of ten (10) units, this policy
provides for more consistency between the Regional Program and the local Program related to
eligibility, terms and conditions. The 3-unit minimum is determined after application of any credits
available on the site. The 10-unit maximum is determined before application of any credits on the site.
The Local Program also allows anyone to apply for a deferral of sewer/water fees when the SAC
determination is greater than ten (10) units, before application of any credits on the site.
SECTION II - AUTHORIZATION AND FUNDING SOURCES
On November 28, 2012 (based on Minnesota Statutes 473.517, Subd. 6), the Metropolitan Council
adopted changes to its SAC program to include a small business deferral program. The Regional
Program became effective on January 1, 2013, which allows a deferment of SAC fees up to ten (10) years
at a low annual interest rate based on Metropolitan Council Environmental Services' (MCES) average
cost of debt per statute and applied to all new deferrals originating in that particular year.
Prior Lake City Code Sections 704.500 and 705.600 allow any business or property owner to defer a
portion the City's water and sewer fees. These Sections are to be amended into two (2) categories,
including:
1. "Local Program A" allows eligible small businesses or property owners to apply for a City
sewer/water fee deferment for SAC unit determinations between three (3) net units and ten
(10) �ross units to match the terms and conditions of the Regional Program.
2. "Local Program B" allows any business or property owner to apply for a City sewer/water fee
deferment for SAC unit determinations above ten (10) �ross units, before credits are applied.
Note: The Regional Program is not available for businesses or property owners that are eligible
for Local Program B.
Funding for the Local Program is delegated to the Prior Lake Economic Development Authority (EDA).
Funding for the Regional Program is not required due to the Metropolitan Council's deferral of its
City of Prior Lake
Sewer and Water Fee Deferral Program
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revenue for up to ten (10) years. The EDA will provide the Local Program deferred fund amounts to the
corresponding Sewer, Water and Water Storage Funds for each approved deferment. The EDA will then
be responsible for collecting all Local Program deferred funds from the business or property
participating in the Local Program.
SECTION III - PROGRAM OBJECTIVE
The Metropolitan Council's stated objective is to encourage and help communities promote small �
business development by deferring SAC payment obligations. The City of Prior Lake has an objective in
its 2030 Comprehensive Plan to encourage a diversified economic base and a broad range of
employment opportunities.
SECTION IV - ELIGIBILITY
For the Regional Program and Local Program A, an eligible applicant is a"small business" as defined in a
Master SAC Deferral Agreement between Prior Lake and the Metropolitan Council. Small business
means a property or business for which the aggregate SAC determination by the Metropolitan Council
results in a liability of ten (10) SAC units or less, before application of any credits available on the site.
For the Regional Program and Local Program A, the City has chosen to also exclude small businesses that
have a SAC unit determination less than three (3), after application of any credits available on the site.
For Local Program B, any business or property owner is eligible to apply if they have a SAC
determination resulting in over ten (10) units, before application of any credits available on the site.
SECTION V - DEFERRAL STRUCTURE
The structure of the Regional and Local Program deferrals include the following provisions:
1. The deferral amount can equal up to eighty percent (80%) of the total sewer and/or water fees
due.
2. The deferment term is five (5) years.
3. Each deferment liability will be effective the first day of the subsequent month (e.g., for an April
building permit that is due and typically reported in May, interest will begin accruing June 1).
4. Interest for the Regional Program and Local Program A is determined using the Metropolitan
Council's SAC Deferral Program rate, which is determined annually and set for the deferment
period. Interest is amortized over the term of the deferment period using whole months.
5. Interest for Local Program B is determined using a rate of two (2) percentage points higher than
the net interest cost of the most recent bonds sold by the City.
6. For the Regional Program, payments are made by the business or property owner to the City
using a city automated system; a late payment fee of two percent (2%) of the unpaid amount
will be charged upon ten (10) days past due, subject to written notice by the City.
7. For the Local Program, payments are made by the business or property owner to the EDA using
a city automated system; a late payment fee of two percent (2%) of the unpaid amount will be
charged upon ten (10) days past due, subject to written notice by the EDA.
8. In the event of a default of payment that is at least thirty (30) days past due, the City or EDA
shall assess the unpaid balance upon the fee owner's property taxes the following taxable year
subject to the same interest rate applied to the deferred amount. The fee property owner shall
sign a waiver of notice of hearing of assessment at the time of application. At the discretion of
the City, the City may terminate any amount due related to assessments for the Regional
Program, resulting in a SAC unit credit for only the amount paid by the small business or
property.
City of Prior Lake
Sewer and Water Fee Deferral Program
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9. A"Payment AgreemenY' will be executed between the eligible business, the fee property
owner, and the City stating all conditions and requirements of the parties for the Regional and
Local Programs. This document shall be recorded.
SECTION VI - INELIGIBLE CONDITIONS
The following conditions create ineligibility for a business or property to apply for the Regional or Local
Programs:
1. The fee owner's property taxes are delinquent.
2. The business is not in good standing with the State of Minnesota, or is in violation of a Prior Lake
City Code.
3. The SAC determination (after credits) is less than three (3) units.
4. The small business does not meet the definition of eligible commercial properties in the
Metropolitan Council's SAC Deferral Program (for the Regional Program and Local Program A).
5. The property is not located within the City of Prior Lake.
6. The property is located on tribal lands.
SECTION VII - ADMINISTRATION
The City of Prior Lake is responsible for administering the Regional Program on behalf of the
Metropolitan Council. Once the Master SAC Deferral Agreement has been executed by the City and the
Metropolitan Council, the City is responsible for all loan deferral collections from the eligible small
business or properties participating in the Regional Program. The City is responsible for making
payments of the required SAC deferment amount, plus interest, to the Metropolitan Council on an
annual basis. The Prior Lake EDA is responsible for administering the Local Program on behalf of the
City. No administrative fees or charges are made in connection with the Regional or Local Programs.
City of Prior Lake
Sewer and Water Fee Deferral Program
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SAC Deferral Program ;
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Description and Application
:
To promote small business development, Metropolitan Council Environmental Services (MCES} provides
communities the option to participate in the SAC Deferral Program to defer some SAC payment obligations.
7his option ailows deferrai of up to 80% of SAC due for the wastewater demand created by smali
businesses (communities are required to pass on the benefits of deferred SAC payments to the participating
small busine'sses}. SmaEl businesses are those with a total SAC determination of 10 or fewer SAC units
(befare credits). To obtain these deferments, communities must �rst complete and submit to MCES a
signed master SAC Deferral Agreement (Agreement). This Agreement will be sent to interested
communities for signature after the information in the shaded areas of the following table is completed and
returned to MCES.
Comm�uity:; � MCES No.
Community A�1i�resssa
� ,. . „ , .
Confact ' - , >�,,,(F�nqncQ D�rector or Cr0)
� _. ;. ,. .. .... . . ..:. . . ,. . ." :: . . , ...: '_
X, Con�mumty,'Wlde M�x�muin Pc►cent .bf �;COII1JIlU�11I3' SAC De�erinent Per�od
S:A,;C t��a�-c�n� lu:e Ue�eirrec� ' (year$). . ,
, :
;
�80% maxinium)
3 ,Paytnent Montli(s} -
For 1, 2 and 3 above, each participating community has additional implementation options that wi[I apply
to all its deferrals:
1. For quafify►ng SAC liabilities (small businesses wlth total determinations of 10 units or fewer), M�S�--
allows the community to defer un to SO4'o of SAC due; however, a community can set a maximum
that is lower than this (fill in this percentage above). Once this community maximum is set, the
percentage deferred for each individual site deferral can be lower than this maximum but cannot
be higher (e.g., a community chooses a 75% maximum, but a small business chooses to pay 509'o up
frant). For each individual deferment, this site-specific percentage must be noted on the MCES
SAC-E Form, available at:
www.metroco uncil.or�/environment/RatesBillina/SACActivitvReportForms.htm
2. Deferment period (#ertn): Choose any whole number up to a maximum of 10 years. �'his term will
appiy to all deferments from the commun(ty. However, note that the Agreement allows
prepayment of the re►naining principal (and interest up to the payoff date) at any time.
3. Timing of payments: MCES prefers annual payments due each year on the anniversary Che
Agreement was signed, but Communities may request a different payment schedule. Semi-annual
payments are also allowed, on any month-end during the year {e.g., a schedule may be preferred �
that corresponds with local SAC collections, assessments, or other payments from small
businesses).
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Communitles are strangly encouraged to:
- Consider which staff will be responsible far authorizing SAC deferrals and what the process wilE be
to implement site specific deferral arrangements as are allowed under the Agreement with MCES;
- Consider the need for policies or ordinances around your agreements or arrangements with
business and property owners {in some cases they may have different interests);
- Consider in advance how ta react if a small business fails to pay, which will not relieve the
community of its deferral paytnent obligation to MCES, unless the business closes as described
below; and
- Review the Agreement with involved community staff and legal advisors before signing. Piease
note that this program is offered oniy as described in the Agreement; MCES does not anticipate
changing it.
Once the Agreement is executed, SAC reporting staff in your community must also attach the MCES SAC-E
form with their monthly SAC reporting for each qualified small business for which the community is �
aftowing the deferred SAC payrr►ent. Each deferment liability will be effective the first day of the
subsequent�month (e.g., for an April building permft that is due and typical{y reported in May, interest will �
begin accruing June 1).
Principal on the deferred amount will be amortized monthiy at a fixed fnterest rate based on MCES' average
cost of debt per statute. MCES' average cost of debt, computed on December 31 each year, will be used as
the interest rate for all new deferrais entered into the following calendar year. For example, the average
rate was 2,379'0 on 12/31/12, so all deferrals originating in 2013 will use this rate, and the rate will be fixed
for the duration of each indivfdual deferral. Near the end of January each year, MCES will provide the new
interest rate (for deferrals started in the new calendar year) to participating communities.
If a participating small business closes, the community has an option to discontinue making deferrat
payments to MCES. If this option is chosen, it requires a notification to MCES and a certification of the
business closing. In this situation, the site will not be credited with the unpaid wastewater capacity (for
future SAC determinations), but will get credit for each SAC unit paid. No payments will be refunded and
no net credits will be transferrabfe off the site (unless and until a redevelopment requires less wastewater
capacity). A4ternatively, for each such smalf business closure, the community has the option of simply
finishing the gayments to MCES, which will result in futl SAC credit for the next use of the site.
Late payments on cleferrals will incur an additional administrative charge of 2� per month plus interest, or
higher as attowed by iaw.
SAC Deferral Example #1:
1. Communi#y signs SAC Deferral Agreement in October 2013, establishing basic deferral terms
including maximum amount deferred (e.g., 809�}, standard community deferral length (e.g., 5
years}, and the payment timing requested (e.g., billing only on anniversary of Agreement}.
2. An 8-SAC unit business is permitted February 2014. On the SAC Activity Report for February, the
community chooses a deferral and:
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a) Pays 20% of the SAC for the site = 8 X 20% =1.60 X$2500/unit [est. 2014 SAC rate] =$4000 '
bj Attaches SAC-E form that details the informatian for this individual deferral: ;
i. Property Address = 123 45"' Street, City of XYZ
ii. Business Name = Acme Genetics, Ltd.
fii. Permit Issued Date = 2/15/1Q
iv. Start of Loan Date = 4/1/14 (3 day of month after SAC report is due)
v. Deferred amount= 8 SAC units X 80% = 6.40 X$2500/unit =$16,000
3. MCES sends an invoice detailing the amount due on the SAC deferral(s) in October 2014. In this
single deferral example:
a) $16,000 is spread over 5 years with monthiy amortization at 2.37R� interest (the 2013 interest
rate) _ � $283.04/month.
b) Payment on this loan =$283.04 X 7 months [April through OctoberJ =$1,981.28.
c) Invoice is sent out annually (aggregating all community deferrals).
d) Payment is cfue in 30 days.
In this example, unless the deferral is prepaid, the community will pay far 12 months in 2015, 2016, 2017 .
and 2018, and on[y 5 months on the last year's invoice (2019). At that point the full 8 SAC is paid and
creditable to future use.
SAC Deferral Exam�le #2:
Sarr�e circumstances as above but the business cfases in 2016 after community made 2 payments {for 7
months in 2014 and 12 months in 2015).
In June 2016, community notifies MCES that the business closed. Community has two options:
1. Continue remitting the remainder of the SAC deferral payments as seheduled. The full 8 SAC units
will be credited to future use on the site as all units are gaid for. Of course, if the new use is
different, a new SAC determination �nust be made, and the community will owe SAC for any
ineremental capacity demand.
2. Discontinue accruing liability. The community still needs io pay for the 5 months that wastewater
demand was needed in 2016, but has no obligat[on for the rest of the scheduled payments. Only
what was paic! is creditable for future use (24 months of 60 is paid = AO% X 6.4 SAC units = 2.56
credits available for the site, in addition to 1.60 units from the original down payment).
If you wish to participate in the deferral program and are ready for the master SAC Deferral Agreement, fill
out #he boxes at the top of this application and return it to Dan Schueller, MCES, 390 North Robert Street,
St. Paul, MN 55101 or dan.schueller@metc.state.mn.us. If you have additional question you can cal! him at
651.602.1624. �or questions about the SAC program in general, please call Jessica Nye at 651.602.1378.
For SAC determinations, please call Karon Cappaert at 651.602.1118.
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COD'1MUNITY City of Auywhere No.13M000
COMMUIVITY ADDRESS 1234 Sometime Boi�lev€trd, Anywhere, Miunesota 12345
CONTACT PERSON Fivance Directar or CFO
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COMMUNI'fY-WIDE SAC DEF�ERRED AMOUNT: $O% �
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COM11iUNITY-WIDE SAC DEFER114ENT PERIOA Ten (10) Years i
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PAYMENT MONTH(S� Ji�ly & Dece�nber
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MASTER SAC DEFERRAL AGREEMENT �
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THIS MAST�R SAC DEFERRAL AGREEIVIENT ("Agreement") is entereci info by and �
between the Metropolitan Council, a public corporation and political subdivisian af the State of
Minnesota, with business offices at 390 Robert Street � Naitli, Saint Paul, 1Vlinnesota 55101
("Council"), and the Iocal government unit identified above as the "Community." i
Recitals �
1. The Council owns aud operates the metropolitan disposal systein. Under Minnesofa Statutes
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section 473.517, subdivision 3, the cosfs of acquisition, betterment and debt service associated with '
the "resei��e capacity" of the sysEem uZUSt be allocated among and paid by the respective Iocat
govez�nment units in the metropolitan area through a sewer availability charge ("SAC") for each ;
new connection or i�icrease in capacity demand to the niet��opolita�� dispasal system wi�lun each ;
local government unit. i
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2. Individual px•operty or business owners whose properties are eit}Zer newly cor►nected or inc�•ease
capacity demand to flie metropolitan disposat system do not pay SAC to fhe Council. Howeve��,
local govertunent units that pay SAC to the Council for new cannections or increased capacity
de�nands typically pass on those costs to property and business owners by assessing propei�y aud
business owners a"Local SAC" whicl� soinetimes includes local add-on charges.
3. Mimiesota Statutes section 473.517, subdivision 6 authorizes the Council to provide for the
deferment of paymei�f of all or part of the allocated costs whicla are atiocated by the Council to a
local gave�•nYnenf unit in any year pursuant to sectioxi 473.517, s�ibdivision 3. The deferments are
repayable at sucli time oi• times as the Council shall specify, with interest.
4. At its Navember 28, 2Q12 meeting, the Council adopted changes to its SAC pzbgram including
a small business SAC defeiial program. The changes became effective January 1, 2013.
5. The Cou�icil warrts to e�icoi�rage and help communities promote small business developjnent ;
by deferring community SAC payment obligations pursiiant to Miimesota Statutes section 473.517, �
subdivision 6, so participating cotnmunities may pass through to small businesses the benefits of
deferred SAC payinents by the cotnmtmities. The Cout�cil's Setiver Arailability Charge Procedure
Manurrl (January 2013} states that eommimities that want to participate in a small business SAC
program must execute a standard master SAC deferral agreennent with the Council.
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� 6. To obtain a deferinent of a SAC payment obligation and provide assistance to small businesses, !
communities will submit to the Council a signed master SAC defenal agreement. For the terin of �
the n�aster agreement, communities wi(1 l�ave the option to note on their monthly SAC reporting, on
forms as provided Uy the Co�mcil, the eligible SAC liabilities for which the communities are
requesting a SAC payment deferment from the Cou��cil. For each such subject SAC liability the
deferment will be effective as of the first day of the subsequent inonth (e.g., for an April building
permit that is reported for SAC in May, the deferment will be effective as of June 1). �
7. In order to define the rights and obligatians of the Community and the CoUncil and the relevant
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SAC deferral ai7•angennents, the Cotnmunity and the Cauncil agree as follows:
Article 1 - De�nitions �
1.1 Def'inition of Terms. Unless otherwise provided or indicated by the context, the terms defined
in this ai�ticle have the meanings given them in this article. Capitalized terms or phrases used in this
Agreement have the meanings given thetn in the most recerit version of the Council's Seu�er
Availability Charge Procedttre �lfamcal (the "SAC P�•ocedin•e Manttal"}.
ta} L'Oiltitt[ltllf,��. ��COIIIi]ILiAlty" means a " Community " OT "CU5fO2T10T Co�iimunity as those ter�n�s
are de�ned in the SAC Pr ocedtrre Manual.
(b) Deferr�ti�tatio�t. "Deterznination" has the meaning �scribed to that term in the SAC Procedta�e �
h�ant�al. � I
(c} Regiontrl Portio�r of Local SAC. The "Regional Poi�tion of Local SAC" means that pot�tion of �
the Community's SAC paynient obligations to the Council that the Community passed on to �
properfies witl�in the Co�nmunity's jurisdiction and does itot uiclude any local add-on charges.
(d) SAC Defernetl Asnou�tt. "SAC Deferred Amount" means the amount of the Community's SAC
obligation under Minnesota Statutes sectio�� 473.517, subdivision 3 that has Ueen defez•ced
pu�•suant to Mirmesota Statutes sectio�� 473.517, subdivisio�i 6 and the terms fuid conditions of
tliis Agreement.
(e) SfnaCl Busir�ess. "Smali Business" means a properfy or bi�siness for which the aggt�egate SAC
Deter�nination results in a liabiiity of ten {10) SAC u�iits ar less, before application of any
Credits availahle on the Site. Sinall Btisiness does not include an}� t}�e of "Residential
Prope��ty" or "Publicly Assisted Housing" as those terms are de�ned in tlie SAC Procedtrre
A1t�t�t�al; nor does it include motels, hotels, camps, nursing homes, senior Iiousing or prisons.
Small Business inchides "Conuneccial Properties," as that term is defined in the SAC
Procedtrre Ma�ttsad, but only wliet� the aggregate SAC Determination for a Commercial
Property is ten (10) SAC units or less, before any applicable Credits
Article 2— SAC Deferrecl Amou�it; In#erest; Pay�ue��ts
2.1 SAC Deferred Amount. Su6ject to the terms and conditions af this Agreement and applicable
law, the Council will altow the Commuiuty to defer paynient ou the Coanmunit}�'s SAC obligatioi�s
for Small Business properties within the Corrtmt�nity's jurisdiction in an amount nof to exceed
eighty percent (80%} of the SAC due for the properties that at•e either newly connected or increase
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� capacity deniand to the inetropolitan disposal system. The percentage by which the Commuuity
elects to defer payment on the Community's SAC obligations must be applied on a community-
wide basis to alt pai�ficipating Small Businesses within the Community's jurisdiction. The
"Con�munity-Wide SAC Deferred Amount" is stafed as a percentage on Page 1 of this Agreement.
The deferment is available only to properties for which tl�e aggregate Detei7nination is ten (10) SAC
units or less. In each instance in which tlze Community exercises tlus defeiment opfion, the SAC
amount that is not defec�•ed is due and payable at the time tl�e SAC liahility is incurred by the
Conununity. Payinents on the non-defei�ed amomrts are due with the regular SAC reporting to tlie
Council, pursuant to the SAC Pr�ocedtn•e Mancrnl. The deferred SAC liability begins acci�ing
interest on the f rst day following the regular SAC repox�ting.
2.2 Interest. Amivally at each caiendar year-end, the Council will determine the average rate on
its wastewater bonds, pursuant to Mituiesota Statutes section 473.517, subdivision 6. All new SAC
deferments during the foltowing calendar year will be subject to that interest rate, but that interest
rate will be fixed for the ducation of the defertnent period for each deferral originated in that
calendar year. Intei•est on unpaid SAC Deferred Amoun# balances will be computed in whote
months, however, payme�rts to the Council can be atuival.
2.3 Payments. When the Council iuvoices the Community for payments on 'its SAC Defer��ed
Amount, the Counci! will provide the Community with a payment schedule that amortizes the SAC
Deferred Amount and interest on that deferred amount over the term of the defei�nient period. The
Commttnity's payment schedule will list the Small Business propei�ties far which the Commuuity
eiected to defer payments on the Con3munity's SAC obligations to the Council. The Coi�un��nity
will make payments to the Council at least annually. Tlie Community m.ay elect to inake payments
semi-annualiy or more frequently to correspond with tl�e Commtuuty's Locai SAC collections,
assessinents or other payments from Small Businesses, but the same payment schedule nzust apply
ta all Communify SAC Defei7•ed A�nounts. The month(s} tl�e Community elected to make its SAC
payments to the Council under the payment schedule are identi�ed on Page 1 of tliis Agi�eetnent as
the "Payment Monfh(s): ' The Community may repay or prepay the Council the unpaid balance of a
SAC Defe�tied Amou��t at ariy time prior to the end of the deferment period. Any repayment or
prepayment �nade b}� the Commi�nity shall be without penalty to the Conununify. TI10 COIllllllilllt�
payment schediile will be recalc�ilated during the term of fhe defernient pei•iod to reflect: (a)
repayments or prepayments by the Comnuuuty; (b} the Community's election (if any) to discontinue
n�aking payments on its SAC Deferral An�ount for a Site pursuant to Section 4.2(b}; (c) auy
Commu�iity payments to tlie Cotuicil pursuant to Section 4.1{b);or (d) the additian of new Small
Business properties for which the Comuninity elects to defer payment on the Community's SAC
obligations to the Council.
2.4 LocAl SAC Payments from Small Basinesses. Subject to the limitation stated in Sections 3.2
and 4.1, the Community may enter into a payment or other agreement with each Small Business for
payment of Local SAC to the Community on terms and conditions agreed to by the Comnm�lity and
the Small Business. Except as described iu Section 4.2, failure of a Sznall Business to make its
Local SAC payments to t3ie Community or tl�e Cominunity's failure (or ckioice) not to assess or
collect Local SAC fioni a Sn�all Business shall not relieve the Cammunity of its obligatian to pay
the Council any unpaid SAC Deferred Amount, plus interest, or otheitivise meet its SAC pay�nent
obligations under Minnesota Statutes section 473.517, subdivisian 6 or other law.
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At•ticle 3- Term of Defer�nents
3.1 Term of Agreement. Unless otherwise termi�iated pursuant to this Agree�nent, this Ag�•eement
shall remaiii in force ai�d effect until tlie tez�m of the last defer�nent period expires for Small
Busiuess properties listed on the Coinn�unity's payment schedule. The Council reseives the right to
cancel, suspend or modify its SAC deferral program at any time and for any z•eason upon thirty (30)
calenc�ar days written notice #o the Community. If the Council cancels, suspends or modifies its
SAC defe�7ai prograui it will honor all existing SAC deferrals which the Community elected to
make under this Agreement prior to the cancellation, suspension or modification. The Community
is responsible for giving timely notice to the Community's participating Small Businesses or
prospective pa�•ticipant Small Businesses of any cancellation, suspension or modification of the
Council's SAC deferral program that may affect the Community's local SAC deferral program.
3.2 Ter�n of Defermeut. The Community elects the term of the SAC defe��nents between the
Council and the Community, but tha �3iaxianum terni of a Commuuity's SAC defertnent shall riot
exceed tei� (10) years. The Coriunu�iity may have only one SAC deferment periad and must have
the same SAC deferment period for all SmRll Business properties covered by this Agceeanent. The
� Communit��'s "CommunityWide SAC Deferment Period" is identified on Page 1 of this Agc•eement.
Article 4— Local SAC Defez•rals
4.1 LocRl Tex•ms and Conditions. The Community wi[i be responsible for identifying property
and business owners that c�ualify for the Community's SAC deferral progcam pursuant to any
Cotmnunity terms or conditions. The Cotrncil will disapprove a Commiinit}� deferment request o�ity
if a property or business owner does nat qualify as a Sinall Busuiess as defined in this Agreement.
Because the Council's SAC deferral program is intended to benefit Small Businesses, the
Community must administe�• its local SAC deferral program in a�•evenue-neutral manner. The
Conununity agrees its SAC payments to the Council will not be less than the Regional Portion of
Local SAC payments the Conununity receives fi•am participati��g Small Businesses.
(a} Local DefermerZf Pet�iod. The Conunuiuty agrees it v�rill not allow a Sinall Business a less
generous deferment period (i.e., a shorter defer•ment period) for payjnent of the Regio�ial
Portion of Local SAC than the term of the Conmiunity's Con3munity-Wide Deferment Period.
This Agreemei�t is not intended ta govern the paS�ment or defer�nent of any local add-on
c4ia�•ges by the Community (if any) for Small Business propei�ties.
(b) Locnl Defet���ed A»rou»t. The Regional Portion of Local SAC defe�7ed by the CommUnity for
a Small Business's benefit sl�alE not be less than the Coinmunity's SAC Deferred Anio�int. If a
Small Business elects to prepay t13e Community some or all of tlie Regional Portion of Local
SAC deferred by the Comi�lunity, the Community must make a like paymenY to the Council to
cover tl�e Commtmity's SAC obligations to the Council for the Small Business property. If a
Small Business elects to prepay some of the Regional Poi�tion of Local SAC deferred by tlie
Canununity the Council will recalculate the Conununify's payinent scheduie.
4.2 Unpaicl Local SAC. If a Small Business ceases operations or moves fi•om the Site and does
not i•equire the incremental waste«�ater capacity represented by the SAC deferral, the Cair�munity
may exercise one of the following two options:
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(a} Contlncre SAC Pn3��:ejits. The Community may continue to make its payments to the Council
under the payment schedule. If the Connmunity elects this option it will accrue SAC Credits
for the Site in accordaiice with tl�e SAC Credit pravisions of the SAC Proceduj•e Manual.
(b) Discottti�tue SAC Payf��errfs. The Communify may discontinue making its payments to the '
Council on the Community's SAC Defeitial Amount for the Site. The Cortununity must notify
the Council 'zf the Community elects this option and it must cei�ify to fhe Council that the
incremental capacity no longer is needed at the Site. The Cotnmunity is responsible for making
all SAC payments on the SAC Defer�•a1 Amoun# that were due prior to the notice. The Site will
not be credited with the portion of the wastewater capacity not paid (for fufure SAC
Determinations), but will receive Credit for acfual SAC paid (including pai�ial units}. No
Community SAC deferral payments to the Council will be refunc�ed. Net Credits will be
available to the Community for Co�nmunity-Wide Credits only if a new SAC Dete�rnination
establishes a permanent reduction of capacity demand.
4.3 Late Conununity Pay�meuts. If the Coinmunity makes a late SAC deferral payinent to the
Council, an additional administrative cllarge of two percent (2%) of the unpaid balance of the SAC
� Defe�7ed Amouiit per month (or such higher inte�•est rate allo�uable uiider law) will be applied.
Article 5 - Notices
5.1 Wriften Notices. Auy notice, request, demand and other corresponc€ence req�iired by or made
in accordance with this Agreemant shall be ui �vriting and delivered:
To the Council: Metropolitan Council
Attn: MCES Finance Director
390 RoUei�t Street Noi�th
Sai�rt Paul, Minnesota 55101-1806
To the Coi��munity: Tlxe Coniiminity's "Contract Person" identified on Page 1
At the "Commuiuty Address" identified oi� Page 1
5.2 Natice Deiiveiy. Any iiotices or other correspoiidei�ce shall be dee�ned to have been received:
(a) tl�ee (3) calendar days after tl�e date on the notice if tlie notice is sent hy U.S. Mail; or (b) the
next business day fi•om the date on the �iotice if the iiotice is sent by facsimile o�• by e-mail.
Article 6 - Defaulting Liabilities
6.1 Liability. To the extent permitted or authorized by law, the Community will hold the Council
harinless and indemnify the Council against any actions, charges, claims, costs, datnages, demands,
expenses, Iiabilities, losses and proceedings wluch the Council may suffer or be subject to as a
resul# of any default by a Sinall Busi�iess or the Community of the Community's SAC paymeiit
obligations under this Agreement or under applicable law. A Small Business's faihire to pay Local
SAC shall not relieve t}�e Coinmuuity of its abiigation to pay the Community's SAC obligations to
the Cauncil. Nothing in this Agreement shall be interpreted as a waiver of any liability limitations
or i►nmunities granted to tlie Councit and the Community by Minnesota Statti;tes chapter 466 or by
othe�• applicable state or federal law.
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6.2 Survivai of Terms. Notwithstanding any other provision of this Agreemant, the validity of i
this Ai�ticle and #lae ComTnunity's obligation to pay its SAC obligations shall survive the expira#ion �
or te��mination of this Agreement.
Article 7 - Miscellaneous
7.1 Dispute Resolution. Any dispute arising tinder this Agreement shall be settled through
consultations between the Council's and the Community's representatives. If an agreement
regarding a dispute cannot be reached witliin thirty (30) days upon notice of a dispute froin the
Council or ttia Communi#y, either pa�•fy is tl;en entitled to bring such dispute before the cotu�ts of
this state or take such action as otherwise allowed by law.
7.2 Exercise of Rights. Any rights, powers and remedies granted to the Council and the
Community by this Agreement shall not preclude or limit any other rig�its, powers and remedies
available to tha Council or the Community in accordance with law and other provisions of this �
Agreement. The exercise of any rights, powers and remedies by the Council or the Community
shall not precliide the Counci( or the Con�nunity froxn exercising an3� othex• xights, powers and
remedies available to the Council or the Community. No failure or delay by fhe Council or tlie
Community to exercise any of their respective rights, powers and remedies under this Agreement or
in accordance witiz applicable laws shall be constr�ied as a waiver of sucli ri�h#s, powers, and
remedies. The waiver of any right, powe�• or remedy, in wliole or in part, shall ��ot preclude the I
Council or tlie Community from exercising any of theii• otliei• respective rights, powers ar remedies. I
7.3 Severability of Provisioa�s. �ach provision in this Agreement sliall be severable fi•om and �
independent of the otl�er provisions. If one oz• more provisions are held to be iuvalic�, illegal or I
unenforceable, #l�e validity, legality aiid enforceability of tiie remauung pro��isions of this
Agreement shall not be affected and shall remain in force and effect.
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7.4 Amendtnents and moclifications. Any amendments ar modifications to this Agreement shall �
be in writing and shall become effective only upon execution af the atnendment Uy the Coimcil's !
and the Coinmunity's autl�orized representatives.
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7.5 Assignment. The Community shall nat assign any of its rights or obligations under this �
Agreement to any third pacty, even if the Site whicl� was tl�e subject of the SAC Iiability is i•emoved �
fi•om the jurisdiction of the ConununitS�. Tlle Cojnmunity may not barte�, trade, sell or otherwise '
treat any SAC payment obliga#ion defermei�ts o�• SAC Credits as a commodi#y and the Couneii will ;
not honor any agreements befween the Communiry and any third pai�ties tl�at ptu •part to barter trade, �
sell or othei��ise treat any SAC payment obligation defeiments or SAC Credits as a commodity. �
7.6 Successors. This Agreement shall be binding on the legal siiccessors of the Council and the
Comtnunity, whether by operativn of law or otherwise.
'1.7 Warranty of Lega1 Capaeity Tl�e iudividuals signing this Agreeme�it on behalf of ti�e
Community and the Council represent and warrant on the Community's and the Council's behalf '
respectively that the individuals are duly autlzorized to execute this Agreement on the Commui�ity's
and the Council's behalf respectively and that this Agreement constitutes the Communit�T's and the
Council's valid, binding and enforceable agreement.
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IN WITNESS WHEREOF, the Community and the Council have caused this Agreement to be �
executed by their duly aufhorized representatives. This Agreement is effective on the date of final !
axecution by the Council. �
COMMUNITY METROPOLITAN COUNCIL i
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By: By: ;
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Title• Title:
Date• Date•
By:
Title:
Date: . .
lhASTERSACDERERRAL OGC 0124l2013
Page 7 of 7 Pages
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Frida Februar 8.
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