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HomeMy WebLinkAbout12 - Storm Water management Utility AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: 12 BRUCE LONEY, ASSISTANT CITY ENGINEER CONSIDER THE ESTABLISHMENT OF A STORM WATER MANAGEMENT UTILITY AND APPROVE ORDINANCE NO. 93-03 JANUARY 19, 1993 This agenda item is for the establishment of a Storm Water Management Utility and associated User Fee in the citf of Prior Lake. The proposed utility was d1scussed by the Council at the Budget Workshop in 1992. The Council, at the 1993 Budget Hearing, approved the concept of a Storm Water Management Utility subject to the adoption of a formal rate structure to be considered by the Council ~rior to the City's February 1, 1993 water b11ling. Staff will make a presentation of the formal rate structure and Ordinance No. 93-03 to Council for the establishment of a Storm Water Management Utility. The City of Prior Lake in the past has installed its storm Water Management facilities via developer or City projects. Maintenance and sm~ll improvements to the system were funded by the General Fund. In recent years the storm water management area has seen several new requirements on the management of storm water. These requirements in the water management area are summarized as follows: 1. Metropolitan Surface Water Act (Chapter 509) 2. Wetland Conservation Act of 1991 3. Metropolitan Council's strategf for 40% Reduction of Non-point Pollut1on in the Minnesota River Basin 4. Minnesota Department of Natural Resources "Shoreland Management Ordinance" 5. Minnesota Pollution Control Agency's National Pollutant Discharge Elimination System Permits 6. United States Army Corps of Engineer's Permit Regulations 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER From this list, cities in the Metropolitan Area will have to do more in the storm water management area to meet the new regulations. The requirements include the preparation of a Local Water Management Plan to be in compliance with the Watershed Management Organizations Plans and implementation of the MPCA's Best Management Practices for water quality. Previously, the main emphasis on storm water management was on the quantity of water to prevent floodin9 of property. In the 1990's, the main emphas1s is on the water quality of storm water, erosion control and wetland protection. Of recent, a greater awareness by the public has been shown on environmental issues, ~articularly water quality. The storm Water ut1lity Fee being proposed will provide the necessary revenue to prepare the Local Water Management Plan, capital improvement projects, regular maintenance of storm water facilities, land acquisition for water projects, and community education. Many of the capital im~rovement and maintenance projects will be 1n areas to promote water quality by reducing erosion and ponding water. DISCUSSION: Attached to this agenda item is a report as prepared by the En9ineering Department on the need for the ut1lity, rate determination analysis accordin9 to various land uses, correlating expend1tures and rate structure. Also attached is Ordinance No. 93-03 to amend the City Code and provide the legal basis for establishing a storm Water Management utility. In the report, a User Fee Charge was prepared under the premise that developed parcels in the City should provide the funding for the utility. Developed areas with rooftops, driveways, parking lots will contribute more water due to the impervious surfaces not allowing the water to infiltrate in the ground. The zoning types were reviewed and the various land uses were classified into five classifications. For each classification, a run off curve number (CN) can be found based on Soil Conservation Service Hydrology Manuals and land use. The runoff curve number relates to the amount of storm water that will runoff and this number will vary depending on the percentage of pervious and impervious surfaces. For instance, the higher the percentage of impervious surfaces in an area, the higher the curve number will be and also the amount of runoff. Higher runoff areas contribute more water to the storm water management system, thus these areas should pay a higher user fee. The five Land Use Classifications and Runoff CUrve Numbers are as follows: PROPERTY LAND USE ZONING DESCRIPTION CN R-1, R-2 Single Family, Residential 72 R-3, R-4 Multiple Dwelling Units 85 B-1, B-2, Commercial & Business 92 1-1, 1-2 Industrial 88 All Institutional (schools, 80 zones churches) Agricultural and conservation zoned areas which have a residential or commercial building on the property would be considered a single family residential classification and be charged the SFR rate. Planned Unit be charged appropriate development. Using the different curve numbers for each classification, the runoff in inches for a 4.2 inch rainfall event (10 year storm) can be calculated. The single family residential classification was used as the baseline to calculate the utility factor for the other classifications. The single family residential (SFR) classification was given a utility factor of 1.00 and the utility factors from the other classifications were then calculated by takin9 the runoff from each classification and d1viding this by the runoff from the SFR classification. Development zoning will at the rate most for each individual The utility factors for the classifications are as follows: various LAND USE CLASSIFICATION CN RUNOFF 10 YEAR STORM Single Family Res. 72 Mult/Dwell. units 85 Commercial & Bus. 92 Industrial 88 Institutional 80 1.60" 2.64" 3.31" 2.91" 2.20" UTILITY FACTOR 1.00 1.65 2.07 1.82 1.38 CLASS The estimated cost associated with the Storm Water Management Utility is $115,000.00 per year based on the expenditures listed in the report. A fee of $3.75 per SFR unit was selected and assuming 1/3 acre average lot size, the fee per acre is equal to $11.25 per acre. To determine the other classification rates, the SFR equivalent acreage charge of $11.25 per acre is multipl1ed by the classification utility factor. The bi-monthly charges, acreages, and estimated total yearly revenue generated by the utility is as follows: " .~~ BI -MONTHLY \nY~ \.V-::~ CHARGE X \ I \ PER ~ ACRE ~ ACREAGE TOTAL YEARLY REVENUE / Single Family Res. $11. 25 *1,216 $ 82,080.00 Multiple Dwell. unit $18.56 33 $ 3,674.88 Business/Commercial $23.29 85 $ 11,877.90 Industrial $20.48 24 $ 2,949.12 Institutional $15.53 160 $ 14,908.80 $115,490.70 * Estimated number of units for SFR is 3,648 units and assuming 1/3 average acre lots, the acreage for revenue estimation is 1,216 acres. Property exemptions from the utility charge would be the following: 1. Public right-of-way 2. Municipal owned land such as public parks and buildings 3. Open space such as cemeteries and golf courses. 4 . Lakes ALTERNATIVES: RECOMMENDATION: 5. Vacant and unoccupied parcels such as agricultural and conservation land that does not have a residential or commercial building on the pro~erty. For all classificat10ns other than SFR, a deduction for wetlands will be given if the City has a drainage easement on the wetland. 6. In exemptions 1 & 2, the rationale for not charging these areas is that most of the areas described are owned by the City and the charges would be paid by the City taxpayers. Exemptions 3 thru 6 are land uses which have a much lower runoff curve number than a 1/3 acre residential lot. In these exclusions, the impervious area percentage is very low, if any, thus the parcels are considered undeveloped. Staff will present the report at the Council meeting and discuss the report in detail. If the Council approves the Storm Water Management utility Fee structure, as is or with modifications, an ordinance has been prepared for the establishment of the Storm Water utility. An ordinance is needed to provide the legal basis for the utility and would be published in the Prior Lake American on January 25, 1993. The City's sewer and water billing would include the storm Water Management utility Fee on the February 1, 1993 bill1ng. The alternatives are as follows: 1. Approve a motion a~proving the Storm Water Managementutil1ty Fee structure as outlined 1n the agenda packet or as modified by Council and approve a motion approving Ordinance No. 93-03 amending the City of Prior Lake's City Code, Title 9, by adding a new chapter 7 establishing a storm Water Management utility. 2. Reject the Storm Water Management utility Fee structure. 3. Table this information. for additional item Staff would recommend the storm Water Management utility Fee structure as proposed based upon runoff generated by the land use. As such, the proposed fee structure would generate the revenue necessary to fund the projected expenditures. BUDGET IMPACT: ACTION REQUIRED: An amount of $111,000.00 of storm Water Revenue was allocated within the 1993 Enterprise Fund which was necessary to provide a balanced budget. Assuming adoption of a storm Water Ordinance, the fees would be initiated upon this fear's first billing cycle (2/1/93). It is proJected that approximately $115,000.00 of revenue will be generated with this storm water utility charge. A motion approving the storm Water Management utilitf Fee structure is in order and a motion approv1ng Ordinance No. 93-03 is in order to implement the utility. CITY OF PRIOR LAKE ORDINANCE NO. 93-03 AN ORDINANCE AMENDING TITLE 9 OF THE PRIOR LAKE CITY CODE BY ADDING A NEW CHAPTER 7 ESTABLISHING A STORM WATER MANAGEMENT UTILITY. The City council of the City of Prior Lake does hereby ordain: section 1. Title 9 of the Prior Lake City Code is amended by adding Chapter 7 to read as follows: CHAPTER 7 STORM WATER MANAGEMENT Storm Water Management utility Established. Definitions. 9-7-1 9-7-2 The following words, terms, and ~hrases, when used in this Chapter, shall have the meaning ascr1bed to them in this section, except where the context clearly indicates a different meaning. STORM WATER MANAGEMENT BUDGET: STORM WATER MANAGEMENT FEE: UTILITY FACTOR: Storm Water Management Budget is the annual budget approved bf the City Council for storm water management 1ncluding planning, monitoring, capital expenditures, maintenance, land acquisition, personnel and equipment. Storm Water Management Fee means the bi-monthly charge for each parcel of non-exempt property in the City for the management of storm water. Utility Factor means the ratio of runoff volume, in inches, for a particular land use, to the runoff volume, in inches for a 1/3 acre residential lot, assuming a 4.2 inch (10 fear storm) rainfall and Soil Conservation Serv1ce (SCS) "Type B" soil conditions. 9-7-3 Storm Water Management Fee. A. The utility Factors for various land uses are as follows: Classification 1 2 3 4 5 Land Use utility Factor Single Family Residential (SFR) 1.00 (1/3 acre lots) Multiple Dwelling Units l.65 (Residential) Business/Commercial 2.07 Industrial 1.82 Institutional 1.38 (Schools, churches, government & buildings) Agricultural residential considered a rate. and conservation zoned or commercial building SFR classification and areas which have a on the property will be be charged the SFR unit Planned Unit Development zoning and government agencies parcels other than the City of Prior Lake will be charged at the rate deemed most appropriate for each individual parcel. The storm Water Management Fee for use on storm water facilities shall be determined by the following steps: 1. ) 2. ) 3. ) 9-7-4. The SFR rate will be $3.75 per unit bimonthly charge. The per acre Fee for all individual parcels other than SFR shall be defined as the product of the SFR Fee of $11.25 per acre based on a $3.75 per unit and a 1/3 acre lot, the appropriate utility Factor based on land use, and the total acreage of the parcel. A minimum of 1/3 acre shall be computed for commercial site locations within agricultural and conservation land areas. Credits. The city Council, in its discretion, may adopt policies for adjustment of the storm Water Management Fee. Information to justify a Fee adjustment must be suppl1ed by the property owner. 9-7-5. Exemptions. The following land uses are exempt from this storm Water Manangement Fee: a. ) b. ) c. ) d. ) e. ) f. ) 9-7-6 Public Right-of-Way Lakes Wetland (With easements dedicated to the City) Municipal owned pro~erty Open space (cemeter1es, golf courses) Vacant and unoccupied parcels such as agricultural and conservation zoned land that does not have a residential or commercial building on the parcel. Payment of Fee storm Water Management Fee shall be invoiced bi-monthly. The amount due as shown on the invoice shall be ~ayable on or before the 20th day of the month in which the invo1ce is issued. A penalty of ten percent (10%) per bi-monthly Fee shall be added to all accounts that are not paid in full by the due date. The penalty shall be computed on the unpaid balance not paid by the due date at the time each bi-monthly statement is prepared. Any prepayment or overpafIDent of charges shall be retained by the City and applied aga1nst subsequent Fee. 9-7-7. Appeal of Fee. If a property owner or person responsible for payin9 the storm Water Management Fee believes that a particular Fee 1S incorrect, such person may file a written appeal with the City Manager. Appeals will be heard by the City Council. No adjustment will be made to the utility Factor for property classifications. 9-7-8. Certification of Delinquent Fees. If a storm Water Manangement Fee remains unpaid for a period of (90) days, after it becomes delinquent, the same shall constitute a lien on the real estate sub~ect to an interest rate of eight (8%) per annum and the Finance D1rector shall forthwith file a lien against the real estate for the unpaid amount of the bill, notifying by mail the owner of the real estate of said fact. In the event that it becomes necessary for the Finance Director to file such a lien on the real estate, then and in that event, an additional Fee of ten dollars ($10.00) shall be charged and added to the bill and the lien when filed. 9-7-9. storm Water Management Fund. All of the storm Water Management Fee shall be collected and deposited in shall show a separate accounting expenditures. Section 2. This ordinance shall be effective immediately upon its passage and publication. pursuant to this ordinance a separate fund. Said fund for all collections and PASSED AND ADOPTED by the Prior Lake City Council this 19 th Day of January, 1993. ATTEST: City Manager Mayor Published in the Prior January, 1993 Lake American on the ~ day of Drafted by: Bruce Loney Assistant City Engineer City of Prior Lake 4629 Dakota Street SE Prior Lake, MN 55372 SUMMARY OF THE PROPOSED PRIOR LAKE STORM WATER UTILITY FEE Funding for storm water (drainage) projects has become more complex in recent years. Additionally, the costs related to water quality management and wetland protection continue to rise. A report has been prepared bf the City's Engineering staff, for the Cit~ Council, and is 1ntended to provide the rationale for determin1ng the rates on the various ~roperties in Prior Lake and how to implement the program. The ma1n emphasis for the storm water management utility is to operate and maintain the existing storm water management system and prepare the local storm water management plan which includes a water quality ~lan. After the preparation of the plan, the focus will be improv1ng the water quality of storm water to promote water quality of the lakes and other si9nificant bodies of water. Other projects will be done in prov1ding maintenance of storm sewer and pond systems and to acquire land or easements for water management projects. The need for a storm water management utility has increased in recent years due to several new laws and requirements from other agencies in the storm water area. These laws and requirements are as follows: 1. Metropolitan Surface Water Act (Chapter 509) 2. Wetland Conservation Act of 1991 3. Metropolitan Council's Strategy for 40% Reduction of Non-point Pollution in the Minnesota River Basin 4. Minnesota Department of Natural Resources "Shoreland Management Ordinance" 5. Minnesota Pollution Control Agenc~'s National Pollutant Discharge Elimination System Perm1ts 6. United States Army Corps of Engineer'S permit regulations cities will have to be involved in the management and treatment of storm water to meet the new regulations. The storm water management utility is a means to provide the funding to meet the requ1rements. In addition to those requirements mentioned above, a greater awareness from the public has been shown in recent years in dealing with environmental issues. For example, the water quality on Prior Lake and Spring Lake is a major concern for most residents as the lakes are the major attraction in the city. Water quality improvements as required by other agenices, will be made to wetlands throughout the city. The storm water management utility fee charges for the various properties in Prior Lake as summarized as follows: Land Use Classification Zoning Fee Rate per Unit or Acre (bimonthly) $ 3.75/unit $18. 56/acre Single Family Res. Multiple Dwelling Unit R-1,R-2 R-3,R-4 1 Land Use Classification Zoning Fee Rate per Unit or Acre (bimonthly) $23.29/acre $20.48/acre $15. 53/acre Business/Commercial Industrial Institutional (schools, churches) B-1,B-2,B-3 1-1,1-2 all zones INTRODUCTION A storm Water Management Utility provides a service charge based on a property's contribution of water to the drainage system. A storm water management utility is a method of financing water quantity and quality improvements. The utility is based on the premise "users pay". The "utility" or "user charge" is like sanitary sewer and water utilities o~erated by communities. A bi-monthly fee is typically charged aga1nst all developed parcels within the city. The fee is based on how much water is contributed. Where land is in an undeveloped, natural state, much of the rain soaks into the ground or is retained in small depressions. However, where development has been prevalent, rooftops, drivewa~s, and parking lots prevent rainfall from being absorbed. The ra1n runs off into streets, ditches, ponds, and lakes. The user charge is not associated in any wa~ with property value or property taxes. All developed propert1es are subject to the utility charges, including tax exempt parcels such as schools and churches. City owned lands such as parks and City building lots would not be charged since those charges would be passed on to the taxpayers. The City would charge a fee to every parcel which has been developed with a building or parking lot and including those parcels that are not on City sewer and water bills currently. The utility benefits the community by providing a dedicated fund for storm water management activities including the ~reparation of a Local Water Management Plan for the entire City 1ncluding a water quality element, ca~ital improvement projects, maintenance projects, land acquisit1on/easements, and community education. The utility provides a continuous dedicated source of revenue for storm water management. The benefits associated with storm water management include the following elements: * Flood control (Retention of water in wetlands) * Improved water guality in wetlands and water bodies * Wetland protect1on * Erosion and sediment control * Enhancement of recreational opportunities * Drainage system maintenance * Community education 2 FEE BASIS General Statement The general philosophy behind the storm water utility program is simple - contributor's pay. In the City of Pr10r Lake, the contributors are those parcels which are developed with a building, driveway, and parking lot on the property. Exceptions to this would be vacant, unimproved land with ground cover, property used for agricultural purposes, public parks, public right of way and open spaces such as golf courses and cemeteries. To develop a fee basis, the City must make a determination of which properties pay into the utility. Land Use Types Existing land use is used to determine each property's contribution to the utility. The definition of each land use classification is as follows: Parcels within a 1-1 and I-2 zoning would be classified as industrial. Commercial and business are those parcels within a B-1, B-2, and B-3 zone. Single family residential (SFR) are those parcels within a R-1 and R-2 zone including duplexes which are two units only. Duplexes will be charged a separate SFR charge for each unit. Also included in the SFR classification are those single family dwellings in the Agricultural and Conservation Zoned areas. Multiple Dwelling units are those buildings with more than two units attached. Institutional is not a zoning type, but is for tax exempt parcels such as schools, and churches. The highest density develo~ment allowed in any particular zone will be used for determin1ng a developed property's contribution and related fee. If a conflict exists between the zoning and land use, the land use of the parcel will take precedent in determining the charge. Using this criteria, the following land use designations are suggested for use in the utility: Zoninq R-1, R-2 R-3, R-4 B-1, B-2, B-3, 1-1, 1-2 A-1 C-1 INST* * Land Use Description Urban Residential (1/4 - 1/3 acre lots) Multi-unit Residential Commercial, business Industrial Agriculture (zoned) Conservation (Undeveloped) Institutions (churches, schools) Not a zoning designation For these land uses, runoff curve numbers (CNs) can be applied to determine the amount of runoff from an area resulting from the 3 specified storm event rainfall. The contribution towards the storm water utility is equated to the percentage of the total runoff for each property type. Rate Determination To remain fair to all properties, the utility is based on how much a particular parcel contributes to the drainage system needs. The amount of contribution should not be based solely on the amount of rooftops and pavement on a parcel. The contribution should consider how much rain runs off. Different amounts of rain will produce different amounts of runoff. However, the difference in runoff for a residential property and a business area is not constant for all rainfall depths. In the City of Prior Lake, five land use classifications were develo~ed from the zoning that currently exists. For each classificat1on, a runoff curve number (CN) can be estimated based on Soil Conservation service Hydrology Manuals and the runoff amount from each area can be compared from various storm rainfall events. Storm water utility rates are then developed using the single family residential lot runoff as the base. The five Land Use Classifications and runoff curve numbers are as follows: Property Zoninq R-1, R-2 R-3, R-4 B-1, B-2, B-3, 1-1, 1-2 Land Use Description Single Family, Residential (SFR) 1/3 acre lot equivalent Multiple Dwelling units Commercial & Business CN 72 85 92 Industrial 88 80 Institutional (schools, churches) Agricultural and conservation zoned areas residential or commercial buildin9 on the be considered a single family res1dential and be charged the SFR rate. Planned unit Development zoning will be charged at the rate most appropriate for each individual development. which have a propert~ would classif1cation Approximately 55% of the city is currently undeveloped. The majority of the developed part of the City is Single Family Residential. The nonresidential land use classifications include Business/Commercial, Industrial, Multiple Dwelling Units, and 4 Institutional buildings schools and churches. contributions of each rainfall event. that include tax exempt parcels such as The following table shows the runoff land use classification for a 4.2 inch LAND USE CLASSIFICATION CN RUNOFF (INCHES) 4.2 INCH STORM Single Family Res. Multiple Dwellin9 Unit Commercial & BUS1ness Industrial Institutional 72 85 92 88 80 1.60" 2.64" 3.31" 2.91" 2.20" The 4.2 inch rainfall amount storm event is considered a 10 year storm event in our area. storm sewers and drainways are designed in the city for the 10 year storm event, thus the 10 fear storm event was selected in determining the storm water util1ty rates for the various land uses. Expenditures The following table illustrates the anticipated first year and a projected five year expenditures program to be financed with the storm water management utility. The first year will be solely dedicated in the preparation of a Local Water Management Plan as required by the 509 Water Management Law and to include a Water Quality Plan to meet the Metropolitan Council's requirements for the city's Comprehensive Plan. After the first year, the utility will concentrate on improvement projects to the drainage system, land acquisition/easements and maintenance of the storm sewers, wetlands, ponds, and lakes. The utility will not eliminate contributions from new developments or future assessments. All new plats will continue to pa~ the storm Water Assessment Rate and install new drainage facil1ties as part of the development. Also improvement projects such as street overlays with storm sewer improvements can still be assessed at the current 60% rate. 1993 YEAR (1ST YEAR) 1. Plan A. B. C. D. E. F. Preparation Wetland Delineation & Classification Local Water Management Plan as per 509 Watershed Law Requirements Water Quality Plan as per Comprehensive Plan Re~irements Water Testing and Mon1toring Consultant Assistance on Plan Preparation & Review City Staff Time for Plan Preparation $ 115,000 5 1994 - 1998 (5 YEAR CAPITAL IMPROVEMENT PROGRAM) ANNUAL 5 YEAR 1. Improvement Project Costs 2. Land Acquisition/Easement Costs 3. Maintenance Project Costs 4. Community Education 5. Annual Inspections of Lakes, Wetlands, & Ponds 6. Water Resource Coordinator $ 60,000 $ 8,000 $ 20,000 $ 1,000 $ $ 1,000 25,000 $300,000 $ 40,000 $100,000 $ 5,000 $ 5,000 $125,000 $575,000 TOTAL $115,000 * Costs have been estimated in 1993 dollars. Land Use Charges To determine land use charges for the different property classifications, the estimated expenditures for the given period of time are ap~ortioned yearly. The number of sin~le family residential un1ts and the acreage for the commercial, 1ndustrial, multiple unit and institutional parcels were determined in order to calculate the rates. Based on the Expenditure Program listed, the City will need approximately $115,000.00 per year. The following table shows the number of units or acreage estimated for each land use classification: LAND USE CLASSIFICATION Single Family Residential Multiple Dwellin9 Units Commercial & BUS1ness Industrial Institutional NUMBER OF UNITS OR ACREAGE 3,649 Units 24 Acres 81 Acres 24 Acres 162 Acres For agricultural and undeveloped property, no charge will be set unless the parcel has a single family residential or commercial building installed on the property. The charge would then be the unit charge for a single family residential classification. To determine the rates for each classification, the runoff from the SFR classification (1/3 acre residential lot) was used as the baseline. In determining the runoff curve numbers, a "Group B" Soils Group was assumed and the hydrologic curve number sheet from the Soil Conservation service Hfdrology Guide for Minnesota was utilized. The single family res1dential classification was 9iven a utility factor of 1.00 and the runoff from the other class1fications was divided by the runoff from the single family residential in order 6 to determine the utility factor. This factor would be multiplied by the single family residential cost per acre to determine the cost per acre for the other classifications. Each land use has a runoff curve number estimated from the Soil Conservation Services manuals and the runoff from a ten year storm event is shown in the following table: RUNOFF LAND USE (INCHES) UTILITY CLASSIFICATION CN 10 YR. STORM FACTOR Single Family Res. 72 1.60" 1.00 Multiple Dwellin9 Units 85 2.64" 1.65 Commercial & Bus1ness 92 3.31" 2.07 Industrial 88 2.91" 1.82 Institutional 80 2.20" 1.38 The estimated cost of the storm water management utility is estimated to be $114,000.00 per year based on the expenditures listed previously. To calculate the amount of revenue from the users, the number of SFR units were estimated along with the acreage of the other land use classifications. A fee of $3.75 bi-monthly charge per SFR unit is selected and for the average 1/3 acre lot, th1s cost per acre would be $11.25 every two months. using the $11.25 per acre equivalent for SFR, the other classification rates are calculated by multiplying the $11.25 per acre rate by the utility factor previously established. Upon establishing the rates for the other classifications and estimating the number of units or acreage, the amount of yearly revenue is as follows: Class Cost utility Factor Bimonthly Charge Per Acre Acreage *1,216 33 85 24 160 Total Yearly Revenue Single Family Res. Multiple Dwellin9 Unit Business/Commerc1al Industrial Institutional $82,080.00 $ 3,674.88 $11,877.90 $ 2,949.12 $14,908.80 $115,490.70 * Estimated number of units for SFR is 3648 units and assuming 1/3 average acre lots, the acreage for revenue estimation is 1,216 acres. 1. 00 1. 65 2.07 1.82 1.38 $11.25 $18.56 $23.29 $20.48 $15.53 Exemptions Exemptions from the utility would be public right-of-way for roads, City of Prior Lake land such as public parks and buildings, open space such as cemeteries and golf courses, and 7 lakes. A deduction of land area would be given for wetlands in which the City has a drainage easement. single Family Residential classification would not qualify for any deductions since the charge would be by the unit and not by acre. Agricultural and conservation land that is vacant would not be charged until it develo~s. However, if a single family residential or commercial bU1lding exists on the property, it would be charged the bi-monthly unit fee of $3.75 for SFR. Recalculation of Fees If a property owner or person responsible for paying the utility fee questions the correctness of such charge, that person may have the determination of the charge recomputed within six months of mailing, by submitting to the Public Works Director a written re9uest for the recomputation; with documentation as to why the or1ginal computation is in error. Administration Administering the storm Water Management utility will require the following phases. The first phase involves drafting a final ordinance to provide the legal basis of implementation of the utility. The second step includes establishing the individual property charges based on acreages, land use, and the rate as established by ordinance. step three involves modification of the current billing procedure. step four creates an account to which utility funds would be paid into, and from which revenues can be made available for identified expenditures. Implementation of the utility should closely follow the ordinance and adoption of City policy regarding the utility. The utility would take affect February 1, 1993 if Counc11 approves the utility and ordinance as proposed. The major effort in administering the utilitf will be to expand the billing process to include those propert1es which do not currently receive citf water and sewer service. staff will utilize buildin9 perm1t records and County records to prepare the list of propert1es to receive a billing. 8 Land Use utility Factor Single Family Residential (SFR) 1.00 (l/3 acre lots) Multiple Dwelling units 1.65 (Residential) Business/Commercial 2.07 Industrial 1.82 Institutional 1.38 (Schools, churches, government & buildings) Agricultural and conservation zoned areas which have a residential or commercial building on the property will be considered a SFR classification and be charged the SFR unit Classification 1 2 3 4 5 rate. Planned Unit Development zonin9 and government agencies parcels other than the City of Pr10r Lake will be charged at the rate deemed most appropriate for each individual parcel. The storm Water Management Fee for use on storm water facilities shall be determined by the following steps: 1.) The SFR rate will be $3.75 per unit bimonthly charge. 2. The per acre Fee for all individual parcels other than SFR shall be defined as the product of the SFR Fee of $11.25 per acre based on a $3.75 per unit and a 1/3 acre lot, the appropriate utility Factor based on land use, and the total acreage of the parcel. 9-7-4. Credits. The City Council, in its discretion, may adopt policies for adjustment of the storm Water Management Fee. Information to justify a Fee adjustment must be supplied by the property owner. 9-7-5. Exemptions. The following land uses are exempt from this Storm Water Manangement F.ee: a. ) b. ) c. ) d. ) e. ) f.) Public Right-of-Way Lakes Wetland (With easements dedicated to the City) Municipal owned pro~erty Open space (cemeter1es, golf courses) Vacant and unoccupied parcels such as agricultural and conservation zoned land that does not have a residential or commercial building on the parcel. 9-7-6 Payment of Fee storm Water Management Fee shall be invoiced bi-monthly. The amount due as shown on the invoice shall be ~ayable on or before the 20th day of the month in which the 1nvoice is issued. A penalty of ten percent (10%) per bi-monthly Fee shall be added to all accounts that are not paid in full by the due date. The penalty shall be computed on the unpaid balance not paid by the due date at the time each bi-monthly statement is prepared. Any prepayment or overpayment of charges shall be retained by the city and applied against subsequent Fee. 9-7-7. Appeal of Fee. If a property owner or person responsible for paying the storm Water Management Fee believes that a particular Fee is incorrect, such person may file a written appeal with the City Manager. Appeals will be heard by the City Council. No adjustment will be made to the utility Factor for property classifications. 9-7-8. certification of Delinquent Fees. If a storm Water Manangement Fee remains unpaid for a period of (90) days, after it becomes delin9Uent, the same shall constitute a lien on the real estate sub~ect to an interest rate of eight (8%) per annum and the Finance D1rector shall forthwith file a lien against the real estate for the unpaid amount of the bill, notifying by mail the owner of the real estate of said fact. In the event that it becomes necessary for the Finance Director to file such a lien on the real estate, then and in that event, an additional Fee of ten dollars ($10.00) shall be charged and added to the bill and the lien when filed. 9-7-9. storm Water Management Fund. All of the storm ordinance shall be Said fund shall show and expenditures. Section 2. This ordinance shall be effective immediately upon its passage and publication. Water Management Fee pursuant to this collected and deposited in a separate fund. a separate accounting for all collections PASSED AND ADOPTED by the Prior Lake City council this th Day of , 1993. ATTEST: Kay Kuhlmann Lee Andren (Published in the Prior Lake American on 1993) Summary Ordinance