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HomeMy WebLinkAboutOrdinance 529 ORDINANCE NO. 529 . CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE ESTABLISHING A SURFACE WATER MANAGEMENT UTILITY AND AMENDING THE MOUNDS VIEW MUNICIPAL CODE BY ADDING CHAPTER 73 The City Council of the City of Mounds View does hereby ordain: SECTION I. General Operation. Subdivision 1. The Municipal surface water system shall be operated as a public utility (hereinafter called the Surface Water Management Utility), pursuant to Minnesota Statutes, Section 444.075, from which revenues wi.ll be derived subject to the provisions of this Chapter and Minnesota Statutes. The Mounds View Municipal Code is amended by adding Chapter 73 to be entitled, "Surface Water Management Utility". Subdivision 2. FindinQs and Determinations. In providing for such charges, the findings and determinations are as follows: (a) In the exercise of its governmental authority and in order to promote the public health, .-afety, convenience and general welfare, the City has constructed, operated and maintained a surface ater system ("the system"). This section is adopted in the further exercise and authority and for the same purpose. (b) The system, as constructed, heretofore has been financed and paid for through the ad valorem taxes and assessments. Such financing methods were appropriate to the circumstances at the time they were used. It is now necessary and desirable to provide an alternative method of recovering some or all of the future costs of improving, maintaining and operating the system through the imposition of user charges. (c) In imposing charges, it is necessary to establish a methodology that undertakes to make them just and equitable. Taking into account the status of completion of the system, past methods of recovering system costs, the topography of the City and other relevant factors, it is determined that it would be just and equitable to assign responsibility for some or all of the future costs of operating,' maintaining and improving the system on the basis of the expected storm water runoff from the various parcels of land within the City during a standard one-year rainfall event. (d) Assigning costs and making charges based upon typical storm water runoff cannot be done with mathematical precision but can only be accomplished within reasonable and practical limits. The provisions of this section undertake to establish a reasonable and practical methodology for making such charges. . ORDINANCE NO. 529 , PAGE TWO OF FOUR . SECTION II. Definitions. Utility Factor. (A) Utility Factor. The utility factor is defined as the ratio of runoff volume, in inches, for a particular land use, to the runoff volume, in inches for an average single-family residential lot, assuming a 2-inch rainfall and Soil Conservation Service (SCS) "Type 8" soil conditions. (8) Surface Water Management Fee. The surface water management fee is defined as the quarterly charge developed for each parcel of land pursuant to this Chapter. (C) Quarterlv Surface Water Manaqement Revenue Requirement. The quarterly surface water management revenue requirement is the estimated quarterly expenditures for planning and inventories, capital expenditures, personnel, equipment and operation of the surface water utility, in accordance with established City policy. The quarterly surface water management revenue requirement and resulting surface water management fees shall be established for a period of time as set by City Council resolution. . SECTION III. Surface Water Management Fee. (A) The Surface Water Management Fee shall be determined by first determining the percentage of total runoff in the City which is attributed to Residential property. The Total Fee for all Residential property in the City is computed by multiplying the runoff percentage by one-quarter (1/4) of the annual Surface Water Management Revenue Requirement. The Residential Surface Water Management Fee, per acre, is determined by dividing the Total Residential Fee by the estimated total acres of Residential land use in the City. (8) The Surface Water Management Fee for Residential, Townhomes/condominiums, Apartments and Mobile Home Parks will be determined on a per-household basis rather than a per acre basis. The Fee per household is determined by first determining the Total Fee for each land use. The Total Fee for each land use is determined by multiplying the Total Fee for all Residential property by the appropriate utility factor based on land use. The Total Fee is then divided by the total number of households for the particular land use, resulting in cost per household. (C) The Surface Water Management Fee for all individual parcels, excluding residential, shall be defined as the product of (1) the Residential Surface Water Management Fee (per acre); (2) the appropriate utility factor based on land use, and (3) the total acreage of the parcel. . Subdivision 1. Credits. The Council may adopt policies, by resolution, for adjustment of the surface water management fees. Information to justify a fee adjustment must be supplied by the property owner. Such adjustments of fees shall not be retroactive unless provided within said resolution. Credits will be reviewed regularly by a staff committee. ORDINANCE NO. 529 PAGE THREE OF FOUR Subdivision 2. Surface Water Manaaement Utility Factors. The utility factors for various land I!IJi..ses are as follows: . Classification Land Use Utility Factor R1, R2 R-3 R-4, R-5, R-O Single & Two Family Residential Medium Density Residential High Density Residential, Mobile Homes, Residential Office Neighborhood Business, Limited Business, Highway Business, Regional Business Industrial Public Facilities Planned Unit Development Conservancy, Recreation & Presentation Public/Private 1.0 2.68 3.26 B-1, B-2, B-3, B-4 4.17 1-1 PF PUD CRP School/Church 3.26 1.28 3.69 0.46 1.5 . Subdivision 4. Other Land Uses. Other land uses not listed in the foregoing table shall be classified by the City Administrator by assigning them to the classes most nearly like the listed uses, from the standpoint of probable hydrologic response. Appeals from the City Administrator's determination of the proper classifications may be made to the City Council in the same manner as other appeals from administrative determinations. SECTION IV. Adiustments of Manaaement Fees. The City Council may by resolution, from time to time, adopt policies providing for the adjustment of management fees for parcels or groups of parcels, based upon hydrologic data supplied by affected property owners, demonstrating an actual hydrologic response substantially different from the Utility Factor being used for the parcel or parcels. SECTION V. Excluded Lands. No management fee for system availability or service shall be made against land which is public street right-of-way. SECTION VI. Supplvina Information. The owner, occupant or person in charge of any premises shall supply the City with such information as the City may reasonably request related to the use, development and area of the premises. Willful failure to provide such information or to falsify it is a violation of this subsection. SECTION VII. Estimated Charaes. If the owner, occupant or person in charge of any premises fails or refuses to provide information requested under Section VI,' the management fee for such premises shall be estimated and billed in accordance with such estimate, based upon information then available to the City. . SECTION VIII. Billinas and Collections. Bills for Surface Water Management fees for the use and availability of the system shall be rendered by the Finance Department in accordance with usual and customary practice in rendering of water and sanitary sewer service bills. Bills shall be rendered quarterly, shall be payable at the office of the City . . . ORDINANCE NO. 529 PAGE FOUR OF FOUR Finance Department and may be rendered in conjunction with billings for water or sanitary sewer service, or both. SECTION IX. Penalties and Remedies for Delinquent or Default in Pavina Bills. Penalties and remedies for late payments or non-payment of billings shall be the same as those applicable to billings rendered for water and sanitary sewer service. SECTION X. Use of Revenues. Revenues received from charges shall be placed in the "surface water management utility account" and shall be used to finance operational costs and improvements to and betterment of the system. SECTION XI. EFFECTIVE DATE The effective date of this ordinance is 30 days after its publication. Read by the City Council of the City of Mounds View this 9th day of August, 1993. Read and passed by the City Council of the City of Mounds View this 23rd day of August, 1993. ATTEST: (SEAL) APPROVED AS TO FORM: ~ j Ci . ttor .ey , J '