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HomeMy WebLinkAbout16-178 Stormwater Audit 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-178 A RESOLUTION AUTHORIZING THE ADJUSTMENT OF VARIOUS COMMERCIAL INDUSTRIAL AND MULTIFAMILY STORMWATER ACCOUNTS Motion By: McGuire Second By: Thompson WHEREAS, In response to increasing requirements to address surface water issues the City Council adopted section 704.500 of the Prior Lake City Code in 1993; and, WHEREAS, As a result of a reported over payment the city staff has reviewed all 8,600 of the stormwater accounts including approximately 8,200 residential and 350 commercial, industrial and multifamily accounts; and, WHEREAS, The staff findings are that the charges for the 8,200 residential accounts are based on a single family rate per the ordinance which is appropriate for the account designation; and, WHEREAS, Over payments in excess of $1,000 for the last six years have been identified for nine commercial/industrial accounts; twenty-three commercial/industrial accounts have been identified where underpayments in excess of $1,000 have been identified for the last six years;; and three multifamily accounts have overpaid in excess of $1,000 over six years and none have underpaid in excess of $1,000; and, WHEREAS, The City Council has been asked to provide policy direction to assure that all accounts are adjusted properly. 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 City Council adopts the following policies with respect to adjustment of these accounts:  Commercial, Industrial and Multifamily accounts which have overpaid will be reimbursed for the most recent six years if owned by the same owner.  If the owner has changed during the most recent six years, then the reimbursement will be only for the accounts overpaid during the period owned by the current owner.  No interest will be paid for overpayments nor charged for underpayments for the last six years up to the date of this adjustment.  Commercial, Industrial and Multifamily accounts who have underpaid will reimburse for the most recent three years of underpayment or for such shorter time which the current owner has owned the property.  The city will make payment in full and correct all accounts with the February billing.  Accounts which have underpaid shall be given nine payment cycles (18 months) to reimburse the city. 2  If the stormwater accounts have not been paid in full within 18 months, the remaining balance will be specially assessed.  Account holders affected by these adjustments shall be notified by letter with a follow up phone call. 3. Funds received for underpayments will be recorded as revenue in the stormwater fund account code 602-49420.00-37120.00. City payments will be recorded as an expense in account code 602-49420.00-54320.00. PASSED AND ADOPTED THIS 12th DAY OF DECEMBER 2016 VOTE Hedberg Keeney McGuire Morton Thompson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager