HomeMy WebLinkAbout02 19 2013 EDA 7B Sewer and Water Fee Deferral Prog O � PRIp�
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ECONOMIC DEVELOPMENT AUTHORITY AGENDA REPORT
MEETING DATE: February 19, 2013
AGENDA #: 7B
PREPARED BY: Dan Rogness, Community & Economic Development Director
AGENDA ITEM: SEWER AND WATER FEE DEFERRAL PROGRAM POLICY AND BUDGET
DISCUSSION: Introduction
The Metropolitan Council has approved a new program that allows cities to par-
ticipate 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
economic development assistance to businesses that warrants discussion by he
EDA. City staff proposed that the city adopt the SAC Deferral Program, and al-
so amend its own sewer/water fee payment program to mirror the Met Council
program. The EDA's recommendation was forwarded to the City Council at its
next meeting on February 11; the council unanimously adopted a new program
policy and corresponding ordinance (see attachments).
Hi StOry
The Met Council formally adopted a new program in 2013 that allows for the de-
ferment of SAC fees for small businesses (those that receive SAC determina-
tions of 10 units or less). In 2013, one SAC unit equates to $2,435. A participat-
ing city can enter into an agreement with an eligible 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. The city has a similar program by ordinance
(Sections 704.500 and 705.600) that allows someone to pay city sewer and/or
water fees over three years at 8.0% interest.
Current Circumstances
City staff has been working with the owners of the Artisan Bistro, which is plan-
ning to expand in South Lake Village from 1,410 to 2,775 square feet. They
have already paid four SAC units for their first phase, and now will need to pay
another four or five units. Based on an assumption of five SAC units, the total
cost would be approximately $26,000 for Met Council and City fees (approxi-
mately 50/50 split between regional and local fees). Depending on the number
of total SAC unit determination for the Bistro (before credits are applied), this
business may or may not have 10 or less SAC units. Their calculation applies to
the whole business space rather than only to the expansion area.
The newly approved local sewer/water deferral program must be funded initially
by the EDA in order to keep those city accounts whole. Therefore, the EDA
must discuss moving some funds from its 2013 Professional Services budget
line item ($60,000) to the new fee deferral program. As noted above, the local
program amount needed to assist the Artisan Bistro is approximately $13,000,
which should be the starting point for 2013.
Conclusion
The approved program is divided into three subgroups:
1. Met Council SAC Deferral Program: 5-year term; 2.37% (2013); 20%
paid up-front; secured by assessment agreement against the property;
eligible only to small business with 10 or less SAC unit determination.
This program is established and regulated by a master deferral agree-
ment executed between the city and Metropolitan Council. Any changes
in the program would have to be in accordance with Metropolitan Council
guidelines and approved in a revised master deferral agreement.
2. City Sewer/Water Fee Deferral Proqram 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 business using
same Met Council definition. This program is established by city ordi-
nance and is intended to be parallel with the Metropolitan Council pro-
gram guidelines.
3. City Sewer/Water Fee Deferral Proqram B: 5-year term; interest estab-
lished identical to assessment rate method; 20% paid up-front, secured
by assessment agreement against the property; eligible to anyone that
has more than 10 SAC units before credits. This program is uniquely the
city's and is established and regulated by city ordinance.
ISSUES: The EDA conducted a special meeting to review the terms of this program. The
three EDA members present voted to endorse the program for consideration by
the city council. The city council approved all three programs, and staff is finaliz-
ing materials, including information to let the Chamber and businesses be aware
of its availability.
The real issue at hand is: does the EDA want to earmark some amount of its
budget, say $50,000, as the maximum city deferral available for this program in
2013? If and when we meet that maximum, the EDA could move money from
other portions of its budget to continue the program for the remainder of this
year, discontinue the program for the remainder of this year, or request addi-
tional funding for 2013 from the city council for this purpose.
The EDA should review the newly adopted program policy and ordinance, and
discuss funding for 2013 within its existing budget.
FINANCIAL This newly revised local sewer/water fee deferment program requires the EDA to
IMPACT: provide up-front funding. The one area in the EDA 2013 budget which is most
available for use by this program is a$60,000 allocation for professional ser-
vices.
ALTERNATIVES: 1. A motion and a second to amend the EDA's budget to transfer $xxx from
Professional Services to a new line item for the Sewer/Water Fee Defer-
ral Program in 2013.
2. Table this item to a date certain.
3. Take no action.
RECOMMENDED Staff supports Alternative #1.
MOTION:
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ATTACHMENTS: 1. Adopted Sewer and Water Fee Deferral Program Policy
2. Ordinance Amending City Code Sections 704.500 and 705.600
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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 and the 10-unit maximum are 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 who qualifies
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 betwe�n three (3) gross units and ten
(10) gross 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) gross 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), before 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 sixty (60) 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 Agreement" 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 (before 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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O .� PRIp
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Prior Lake, MN 55372
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CITY OF PRIOR LAKE
ORDINANCE NO. 113-xx
AN ORDINANCE AMENDING SECTION 704.500, 705.600 and 705.1002 RELATING TO DEFERRAL
OF CERTAIN WATER CONNECTION, SEWER CONNECTION, WATER TOWER CHARGES AND
METROPOLITAN SAC CHARGES FOR ECONOMIC DEVELOPMENT PURPOSES
The City Council of the City of Prior Lake does hereby ordain that:
1. Prior Lake City Code Section 704.500 is deleted in its entirety and replaced with the following:
704.500 Payment of Fees: Any property owner who is obligated to pay permit fees under this
section shall do so at the time of permit issuance. Any person obliged to pay water connection
charges or water tower charges may do so as follows:
(1) Payment in full of all water connection charges and water tower charges at the time of permit
issuance; or
(2) If the person meets the eligibility requirements of the City of Prior Lake's Sewer and Water Fee
Deferral Program Policy, deferred monthly payment of up to eight (80) percent of the fees due
within sixty (60) consecutive months from permit issuance as follows:
a) Fees of at least three (3) and no more than ten (10) SAG units (units shall be as set
by the Metropolitan Waste Control Commission and for the purposes of deferral shall
be measured prior to application of available credits):
1. At least twenty (20) percent of the total water connection charges and water
tower charge shall be paid at the time of permit issuance.
2. The remaining balance shall be repaid utilizing the city's automatic monthly
pay system in equal increments for up to sixty (60) consecutive months from
the date of permit issuance.
3. The interest rate on the unpaid balance shall be the rate set forth in the
Metropolitan Council Small Business SAC Deferral Program for the year the
permit is issued.
4. The deferred balance shalt be secured by the property owner in the form of a
special assessment agreement in a form acceptable to the City Attorney
executed by all parties prior to approval of the deferral.
5. In the event of a failure to pay the any amounts due under this Section for a
period of at least sixty (60) days the remaining balance plus interest shall
become immediately due and payable. The balance plus interest and
applicable fees shall be assessed against the property in accordance with the
terms of the assessment agreement. In no event shall the payments under
the assessment agreement extend for a period of more than 12 months
beyond the initial 60 month period of the deferral.
b) Fees greater than ten (10) SAC units (units shall be as set by the Metropolitan Waste
Control Commission and for the purposes of deferral shall be measured prior to
application of available credits):
1. At least twenty (20%) of the total water access charges and water tower
charge shall be paid at the time of permit issuance.
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
2. The remaining balance shall be repaid utilizing the city's automatic monthly
pay system in equal increments for up to sixty (60) consecutive months from
the date of permit issuance.
3. The interest rate on the unpaid balance shall be determined using a rate of
two (2) percentage points higher than the net interest cost of the most recent
bonds sold by the city.
4. The deferred balance shall be secured by the property owner in the form of a
special assessment agreement in a form acceptable to the City Attorney
executed by all parties prior to approval of the deferral.
5. In the event of a failure to pay the any amounts due under this Section for a
period of at least sixty (60) days the remaining balance plus interest shall
become immediately due and payable. The balance plus interest and
applicable fees shall be assessed against the property in accordance with the
terms of the assessment agreement. In no event shatl the payments under
the assessment agreement extend for a period of more than 12 months
beyond the initial 60 month period of the deferral.
2. Prior Lake City Code Section 705.600 is deleted in its entirety and replaced with the following:
705.600 Payment of Fees: Any property owner who is obligated to pay permit fees under this
section shall do so at the time of permit issuance. Any person obliged to pay sewer connection
charges may do so as follows:
(1) Payment in full of all sewer connection charges at the time of permit issuance; or
(2) If the person meets the eligibility requirements of City of Prior Lake's Sewer and Water Fee
Deferral Program Policy, deferred monthly payment of up to eight (80) percent of the fees due
within sixty (60) consecutive months from permit issuance as follows:
a. Fees of at least three (3) and no more than ten (10) SAC units (units shall be as set by
the Metropolitan Waste Control Commission and for the purposes of deferral shall be
measured prior to application of available credits):
1. At least twenty (20) percent of the total sewer connection charges shall be
paid at the time of permit issuance.
2. The remaining balance shall be repaid utilizing the city's automatic monthly
pay system in equal increments for up to sixty (60) consecutive months from
the date of permit issuance.
3. The interest rate on the unpaid balance shall be the rate set forth in the
Metropolitan Council Small Business SAC Deferral Program for the year the
permit is issued.
4. Deferred balance shall be secured by the property owner in the form of a
special assessment agreement in a form acceptable to the City Attorney
executed by all parties prior to approval of the deferral.
5. In the event of a failure to pay the any amounts due under this Section for a
period of at least sixty (60) days the remaining balance plus interest and
applicable fees shall become immediately due and payable. The balance
plus interest shall be assessed against the property in accordance with the
terms of the assessment agreement. In no event shall the payments under
the assessment agreement extend for a period of more than 12 months
beyond the initial 60 month period of the deferral.
b. Fees greater than ten (10) SAC units (units shall be as set by the Metropolitan Waste
Control Commission and for the purposes of deferral shall be measured prior to
application of available credits):
1. At least twenty (20%) of the total sewer connection charges shall be paid at
the time of permit issuance.
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2. The remaining balance shall be repaid utilizing the city's automatic monthly
pay system in equal increments for up to sixty (60) consecutive months from
the date of permit issuance.
3. The interest rate on the unpaid balance shall be determined using a rate of
two (2) percentage points higher than the net interest cost of the most recent
bonds sold by the city.
4. The deferred balance shall be secured by the property owner in the form of a
special assessment agreement in a form acceptable to the City Attorney
executed by all parties prior to approval of the deferral.
5. In the event of a failure to pay the any amounts due under this Section for a
period of at least sixty (60) days the remaining balance plus interest shall
become immediately due and payable. The balance plus interest and
applicable fees shall be assessed against the property in accordance with the
terms of the assessment agreement. In no event shall the payments under
the assessment agreement extend for a period of more than 12 months
beyond the initial 60 month period of the deferral.
3. Prior Lake City Code Section 705.1002 is hereby amended by the addition of Subsection (7) to read
as follows:
(7) Payment for SAC units shall be made prior to the issuance of the permit or pursuant to City
Code Section 705.600 the City policy on deferral of SAC, Water, Sewer and Water Tower
Charge Policy adopted on February 11, 2013 and any subsequent amendments thereto.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 11 day of February 2013.
ATTEST:
City Manager Mayor
Published in the Prior Lake American on the 16 day of February 2013.
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