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HomeMy WebLinkAbout9D Sewer and Water Fee Deferral Application O1 Ploo, (ED u 4646 Dakota Street SE Prior Lake, MN 55372 fmvssolt" CITY COUNCIL AGENDA REPORT MEETING DATE: MAY 26, 2015 AGENDA#: 9D PREPARED BY: DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR PRESENTED BY: DAN ROGNESS AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING AN APPLICA- TION FOR THE SEWER AND WATER FEE DEFERRAL PROGRAM DISCUSSION: Introduction The purpose of this agenda item is to consider approval of an application from Water Street Restaurants Group, LLC for the sewer and water fee deferral pro- gram related to the development of Charlie's Port on Prior (formerly referred to as Prior Lake Shore Club & Marina). History On February 11, 2013, the Prior Lake City Council adopted the Metropolitan Council Sewer Availability Charge(SAC)deferral program and approved the City of Prior Lake Sewer and Water Fee Deferral Program Policy to mirror the Met Council's SAC deferral program. The city's program policy was later amended by the City Council on May 27, 2014. Rather than requiring the full Metropolitan Council SAC and City of Prior Lake sewer and water fees to be paid when a building permit is issued, the Sewer and Water Fee Deferral Program allows the city to enter into an agreement with eligible businesses to spread these pay- ments over a 5-year term at a low interest rate established by the Met Council; currently 2.25% in 2015. Eligible businesses or properties can apply for the deferral of a portion of one or more sewer/water fees, including: D Metropolitan Council Sewer Availability Charge (SAC) — Regional Program sewer fee; D Prior Lake Sewer Connection Charge— Local Program sewer fee; D Prior Lake Water Connection Charge— Local Program water fee; and D Prior Lake Water Tower Charge— Local Program water fee. The City of Prior Lake has previously issued two sewer and water fee deferral loans; one to Artisan Coffee Bistro and the second to Honest-1 Auto Care. The city related sewer and water fees for these two loans were paid up-front with budgeted EDA funds, and the loan payments are used to reimburse the EDA fund. Twenty percent of the fees are paid by the applicant when the building permit is issued and the remaining 80% is paid over a five-year term. Current Circumstances The Water Street Restaurant Group has applied under Program A of the Sewer and Water Fee Deferral Program. The applicant is seeking deferment of the Metropolitan Council SAC ($2,485/unit); Prior Lake sewer connection charge ($600/unit); Prior Lake water connection charge ($900/unit); and Prior Lake wa- ter tower charge ($1,000/unit); total cost of$4,985 per unit. Water Street Restaurants Group, LLC has received a SAC determination of 20 gross units for the restaurant. They will receive a credit of one SAC unit for a total net charge of 19 units. Total Payable Deferred over Fee Calculation(2015) w/Building 5-year term Amount Due Permit(20%) (2.25%Int.) Metropolitan Council Fee 19 units x$2,485 per unit $47,215 $9,443 $37,772 City Sewer Connection Fee 19 units x$600 per unit $11,400 $2,280 $9,120 City Water Connection Fee 19 units x$900 per unit $17,100 $3,420 $13,680 City Water Tower Fee 19 units x$1,000 per unit $19,000 $3,800 $15,200 Total Fees $94,715 $18,943 $75,772 If approved, 20% of the total cost would be paid up-front by the applicant and the remainder of the three City fees($38,000)would be paid from the appropriate trunk funds and secured by assessment agreement against the property. Loan repayments, at 2.25% interest, would be used to reimburse the city's funds. Conclusion The sewer and water fee deferral program is established and regulated by a master deferral agreement executed between the City and Metropolitan Council. The deferral amount can equal up to eighty percent (80%) of the total sewer and/or water fees due and the deferment term is five (5) years. The interest rate is determined is determined annually by the Metropolitan Council. 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 program; this document shall be recorded. ISSUES: The City's sewer and water fees for the two previous sewer and water deferral loans were paid up-front with budgeted EDA funds, and the loan payments are used to reimburse the EDA fund. The funding source for the Water Street Res- taurants Group application is proposed to come from deferring immediate reve- nue to the individual trunk funds, and rather, each fund would receive revenue over five years plus interest. The finance department will modify their record- keeping accordingly. If for some reason the business is unable to complete all repayments, the city would spread the unpaid amount against the property as a special assessment as provided in the repayment agreement for this program. FINANCIAL The proposed funding source for the deferred portion of the city related sewer IMPACT: and water fees would be: ➢ City Sewer Connection Fee of $9,120 would be paid into the Sewer Trunk Fund over five years rather than in the first year. ➢ City Water Connection Fee of $13,680 would be paid into the Water Trunk Fund over five years rather than in the first year. ➢ City Water Tower Fee of$15,200 would be paid into the Water Tower Fund over five years rather than in the first year. All funds would be reimbursed through loan payments received from the appli- cant plus interest. ALTERNATIVES: 1. Motion and a second to approve the resolution approving an application from Water Street Restaurants Group, LLC for the Sewer & Water Fee Deferral Program. 2. Motion and a second to deny the application. 3. Motion and a second to continue discussion at a future meeting with further direction provided to City staff. RECOMMENDED Alternative #1 MOTION: ATTACHMENTS: 1. Sewer&Water Fee Deferral Program Summary 2. Sewer&Water Fee Deferral Program Policy 3. Sewer&Water Fee Deferral Program Application 600113%%trl 4646 Dakota Street SE 'tt solt' Prior Lake, MN 55372 RESOLUTION 15-xxx A RESOLUTION APPROVING AN APPLICATION FOR THE SEWER&WATER FEE DEFERRAL PROGRAM Motion By: Second By: WHEREAS, On February 11, 2013, the Prior Lake City Council adopted the Metropolitan Council Sewer Availability Charge (SAC)deferral program and approved the City of Prior Lake Sewer&Water Fee Deferral Program Policy, which was amended on May 27, 2014; and WHEREAS, Water Street Restaurants Group, LLC has applied under Local Program A of the Sewer&Water Fee Deferral Program for deferment of the Metropolitan Council Sewer Access Charge ($2,485 per unit); City Sewer Connection Charge ($600 per unit); City Water Connection Charge ($900 per unit); and City Water Tower Charge ($1,000 per unit); total fees=$4,985 per SAC Unit; and WHEREAS, Water Street Restaurants Group, LLC has received a determination from the Metropolitan Council Environmental Services Division that the proposed development at 3950 Green Heights Trail will be charged 19 SAC Units; and WHEREAS, The Prior Lake City Council has reviewed and approved the Water Street Restaurants Group, LLC Prior Lake Sewer&Water Fee Deferral Program application. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Prior Lake City Council approves the Water Street Restaurants Group, LLC application for the Prior Lake Sewer&Water Fee Deferral Program based on 19 SAC Units, or as may be further revised by the Metropolitan Council, but no more than 25 SAC Units. 3. Repayment to the corresponding City Sewer, Water and Water Tower funds will occur over five years based on the Program Policy. 4. The Prior Lake City Council authorizes the City Manager to execute the Repayment Agreement and other related Sewer&Water Fee Deferral Program contracts and documents. PASSED AND ADOPTED THIS 26th DAY OF MAY, 2015. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑ ❑ ❑ ❑ ❑ Nay ❑ ❑ ❑ ❑ 0 Abstain 0 0 0 ❑ 0 Absent ❑ ❑ 0 ❑' 0 Frank Boyles, City Manager Co- r zLSEWER & WATER m FEE DEFERRAL PROGRAM I "'1^'rr!! SUMMARY The Metropolitan Council has approved a new SAC Deferral Program (SAC refers to Sewer Availability Charge). The new program allows for the deferment of SAC fees for eligible businesses that receive SAC determinations of 25 units or less. On February 11, 2013, the Prior Lake City Council adopted, and later amended, the Metropolitan Council SAC deferral program and approved the City of Prior Lake Sewer and Water Fee Deferral Program Policy, which amended the city's previous sewer and water fee payment program to mirror the Met Council program. Instead of requiring the full SAC payment to be paid when a building permit is issued, the City of Prior Lake can now enter into an agreement with eligible businesses to spread the SAC payment over a five year term at a low interest rate established by the Met Council; currently 2.26% in 2014. Eligible businesses or properties can apply for the deferral of a portion of one or more sewer/water fees, including: ➢ Metropolitan Council Sewer Availability Charge (SAC) - Regional Program sewer fee; • Prior Lake Sewer Connection Charge - Local Program sewer fee; > Prior Lake Water Connection Charge - Local Program water fee; and ➢ Prior Lake Water Tower Charge - Local Program water fee. THE APPROVED PROGRAM IS DIVIDED INTO THREE SUBGROUPS: ➢ MET COUNCIL SAC DEFERRAL PROGRAM: 5-year term; 2.26%interest(2014); 20%paid up-front; secured by assessment agreement against the property; eligible only to business with a SAC unit determination between three (3) and twenty-five (25) units. This program is established and regulated by a master deferral agreement executed between the city and Metropolitan Council. ➢ CITY SEWER/WATER FEE DEFERRAL PROGRAM 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 business with a SAC unit determination between three (3) and twenty-five (25) units. This program is established by city ordinance and is intended to parallel the Metropolitan Council program guidelines. ➢ CITY SEWER/WATER FEE DEFERRAL PROGRAM B: 5-year term; interest established identical to the assessment rate method; 20% paid up-front, secured by assessment agreement against the property; eligible to anyone with a SAC unit determination greater than twenty-five (25) units. This program is unique to the City of Prior Lake and is established and regulated by city ordinance. For any SAC deferral, the three (3) unit minimum and the twenty-five (25) 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 twenty-five (25) units, before application of any credits on the site. DEFERRAL STRUCTURE: The structure of the Regional and Local Program deferrals include, but is not limited to, the following provisions: ➢ The deferral amount can equal up to eighty percent (80%) of the total sewer and/or water fees due. ➢ The deferment term is five (5) years. ➢ 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). r- Interest rate 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. r. Interest rate 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. ➢ 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. INELIGIBLE CONDITIONS: The following conditions create ineligibility for a business or property to apply for the Regional or Local Programs: ➢ The fee owner's property taxes are delinquent. r. The business is not in good standing with the State of Minnesota, or is in violation of a Prior Lake City Code. ➢ The SAC determination (before credits) is less than three (3) units. • The 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). ➢ The property is not located within the City of Prior Lake. ➢ The property is located on tribal lands. SAMPLE SCHEDULE: Below is a sample payment schedule,assuming an eligible business has a SAC determination of three (3) units before credits. Under the terms of the agreement with the City of Prior Lake,the owner,or operator on behalf of the owner, shall pay to the city an initial payment of $2,991 at the time of issuance of a building permit. The remaining deferral payments of$11,964 will be repaid at 2.26%interest over a 60- month term. Payable Deferred over Fee Calculation(2014) Total w/Building 5-year term Amount Due Permit(20%) (2.26%Int.) Metropolitan Council Fee 3 SAC units x$2,485 per unit $7,455.00 $1,491.00 $5,964.00 City Sewer Connection Fee 3 SAC units x$600 per unit $1,800.00 $360.00 $1,440.00 City Water Connection Fee 3 SAC units x$900 per unit $2,700.00 $540.00 $2,160.00 City Water Tower Fee 3 SAC units x$1,000 per unit $3,000.00 $600.00 $2,400.00 Total Fees i $14,955.00 $2,991.00 $11,964.00 • If you have any questions or would like to receive an application for the Metropolitan Council SAC deferral program or the City of Prior Lake Sewer and Water Fee Deferral Program, please contact Dan Rogness, Community & Economic Development Director, at 952-447-9813 or drogness@cityofpriorlake.com. Sewer and Water Fee Deferral Program Policy City of Prior Lake, Minnesota Adopted February 11,2013 Amended May 27,2014 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 twenty-five (25) 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 25-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 twenty-five (25) 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,and later amended,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 between three(3)gross units and twenty-five(25)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 twenty-five (25)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. City of Prior Lake Sewer and Water Fee Deferral Program 1 The City reserves the right to approve or reject specific Local Program funding requests based on the availability of funding. Funding for the Regional Program is not required due to the Metropolitan Council's deferral of its revenue for up to ten (10)years. 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 twenty-five(25)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 twenty-five (25) 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 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. 8. In the event of a default of payment that is at least sixty(60) days past due,the City 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 2 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 3 PRIp4) +ti I uA 4646 Dakota Street SE Prior Lake,MN 55372 INNESO PRIOR LAKE SEWER&WATER FEE DEFERRAL PROGRAM APPLICATION BUSINESS INFORMATION Business Name: '46{ A/Z.A, '� Business Address: li/ 7. S- x C� iii /ems 5� � Business Contact: • Title: 7GU,k Principals and Titles: �//// 461 �''��'/H, / ' 'f 5/4/4e ' `rev Telephone: � /7 -- 9/(v —©Z PO E-Mail: D V r I<3 FZ /I/S . C PROPERTY OWNERSHIP INFORMATION/ Property Owner: l j / O Address: 4/ff 5 h/',✓,%e S. A//' ,>r-,`e, ' 7"' 3' Telephone: ?5-7--9os- E-Mail: /r-q—ee�v —P 'i qac-ov�.� SAC UNIT DETERMINATION The Metropolitan Council has established a total Sewer Availability Charge (SAC) Unit Determination for the Business, including all leased/owned space at the above address(attach the SAC determination letter): Za Gross Units; l Credits; l 1 Net Units; Rounded Units Note: Gross Units will be rounded down at x.49 or less,and units will be rounded up at x.50 or more. PROGRAM ELIGIBILITY SAC Unit(Gross)determination is between 2.50 and 25.49 units? Yes, No SAC Unit(Gross)determination is 25.50 units or more? Yes, `)‹._ No • If your gross determination is between 2.50 and 25.49 units, you may apply for a deferral of Met Council SAC and City of Prior Lake sewer connection,water connection and water tower charges. Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com • If your gross determination is 25.50 units or more,you may apply only for a deferral of the City of Prior Lake sewer connection,water connection and water tower charges. The SAC Unit determination allows me to apply for the following fee deferrals to be paid to the City of Prior Lake monthly for sixty(60) months as defined in a Payment Agreement to be executed between the Property Owner and the City: Metropolitan Council SAC($2,485 per unit in 2015) Prior Lake Sewer Connection Charge($600 per unit in 2015) Prior Lake Water Connection Charge($900 per unit in 2015) >C Prior Lake Water Tower Charge($1,000 per unit kr 2015) Eligibility is also based on answering"Yes"to all six questions below: 1. Yes/_No Property tax payments are current? 2. IC Yes/_No The business is in good standing with the State of Minnesota? 3. X Yes/_No The property is in compliance with Prior Lake City Code? 4. X Yes/_No The SAC determination is three(3.0)or more gross units? 5. X Yes/_No The property is located within the City of Prior Lake? 6. Yes/_No The property is not located on tribal lands? AUTHORIZATION I have read and understand the City of Prior Lak• • :we and Water Fee Deferral Program Policy. I hereby certify that the above statements are nd correc 4 the •--t of my knowledge. I understand that any false statements may disqualify me or this busi : • the • •r Lake ..wer and Water Fee Deferral Program. Business Signature: y1 Date: i 5 Property Owner Signature: / Date: //c,//_; i� Program Information can be found in the"Sewer and Water Fee Deferral Program Policy",adopted 2111113 p6 Page 2 of 2 Bob Hutchins February 26, 2015 Building Official City of Prior Lake 4646 Dakota Street SE Prior Lake, MN 55372-3323 Dear Mr. Hutchins: The Metropolitan Council Environmental Services(MCES) Division has determined the SAC to be charged for the wastewater capacity demand for Lakeside on Prior to be located at 3950 Green Heights Trail within the City of Prior Lake. The City will be charged 19 SAC Units for this project, as determined below. SAC Units Charges: Restaurant Bar 47.5 ft @ 1.5 ft/seat @ 23 seats/SAC 1.38 Indoor Seating Fixed: 24 seats @ 10 seats/SAC 2.40 Non-Fixed: 1319 sq. ft. @ 15 sq. ft./seat @ 10 seats/SAC 8.79 Outdoor Seating 4382 sq.ft. @ 15 sq. ft./seat @ 10 seats/SAC x 25% 7.30 Outdoor Bar 20.5 ft @ 1.5 ft/seat @ 23 seats/SAC x 25% 0.15 Total Charges: 20.02 or 20 Credits: Future Demolition(SAC paid 12/94) Single Family Dwelling 1.00 Net Charge: 19.00 Please be aware that the demolition credit is being taken ahead of the actual building demolition and no other credit will be available. All demolitions must be reported within one month of the end of the calendar year during which the demolition permit was issued, in order for the prior use to be eligible for any credit on the property. The demolition must be properly reported on the MCES SAC-D Demolition Declaration Form. At the time of the actual building demolition note on your SAC- D form that the credit has already been applied to a new use. The business information was provided to MCES by the applicant at this time. It is also the City's responsibility to substantiate the business use and size at the time of the final inspection. If there is a change in use or size, a redetermination will need to be made. If you have any questions email me at iessica.nye(d metc.state.mn.us. Sincerely, jtazientdc Jessie Nye Supervisor, ES Revenue(SAC) JN:an: 150226A4 (468274, 383008) Determination expiration: 02/26/2017 cc: Bill Kranz,Waterstreet Restaurants File, MCES 390 Robert Street North I St.Paul; MN 55101-1805 Phone 651.602.1000 I Fax 651.602.1550 I TrY 651.291.0904 I metrocouncil.org METROPOLITAN COUNCIL An Fqual Opportunity Employe