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HomeMy WebLinkAboutAgenda Packets - 2004/12/06CITY OF MOUNDS VIEW SPECIAL CITY COUNCIL MEETING AGENDA Monday, December 6, 2004 6:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Linke, Quick, Marty, Stigney, Gunn 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. CITY BUDGET QUESTIONS AND COMMENTS: Citizens may speak to issues regarding the City Budget. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 7. SPECIAL ORDER OF BUSINESS - NONE 8. JUST AND CORRECT CLAIMS - NONE 9. CONSENT AGENDA - NONE 10. COUNCIL BUSINESS A. Community Survey Review (Decision Resources, Inc.) As per City Council Direction, Decision Resources, LTD., will present an initial planning meeting for the Community Survey. Attached is the City Survey from 1992. Please take a minute to ready the questions and note any additions, deletions or revisions you would like to make to the questions. Motion Made: ____________________ Motion Second: _____________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ B. 7:00 P.M. Truth in Taxation Public Hearing Motion Made: ____________________ Motion Second: _____________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ C. Discuss Storm Water Utility It is recommended that the City Council direct Staff to proceed with exploring the possibility of making the City ‘s Storm Water Utility Charge be more just and equitable by developing and examining a methodology with which it is assigned. Motion Made: ____________________ Motion Second: _____________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ City Council Agenda Summary Page 2 D. Budget Discussion 1. General Fund 2. Special Revenue Funds 3. Capital Projects Funds 4. Enterprise Funds The following above relates to the 2005 City Budget. Please review. Motion Made: ____________________ Motion Second: _____________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ E. Presentation of the Draft AUAR & Update of the Bridges Redevelopment Project The Mounds Viw EDA and the City Council have directed staff to explore all potential options relating to the operation of the Bridges Golf Course, including the possible redevelopment of the course. Motion Made: ____________________ Motion Second: _____________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ F. Consider cancellation of the December 27, 2004 City Council Meeting. On November 8, 2004, City Council Meeting, Staff was directed by Council to see if it was necessary to have the December 27, 2004, City Council Meeting. Staff feels that this City Council Meeting is not necessary and recommends that the meeting be cancelled. For record purposes, the City needs to reflect that the Dec. 27th meeting is cancelled in this meeting’s minutes. Motion Made: ____________________ Motion Second: _____________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ 11. APPROVAL OF MINUTES - NONE 12. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 13. Next Council Work Session: Monday January 3, 2005 (This will be called to Order) Next Council Meeting: Monday, December 13, 2004 CITY OF MOUNDS VIEW SPECIAL CITY COUNCIL MEETING AGENDA Monday, December 6, 2004 6:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Linke, Quick, Marty, Stigney, Gunn 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. CITY BUDGET QUESTIONS AND COMMENTS: Citizens may speak to issues regarding the City Budget. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 7. SPECIAL ORDER OF BUSINESS - NONE 8. JUST AND CORRECT CLAIMS - NONE 9. CONSENT AGENDA - NONE 10. COUNCIL BUSINESS A. Community Survey Review (Decision Resources, Inc.) B. 7:00 P.M. Truth in Taxation Public Hearing C. Discuss Storm Water Utility D. Budget Discussion 1. General Fund 2. Special Revenue Funds 3. Capital Projects Funds 4. Enterprise Funds E. Presentation of the Draft AUAR & Update of the Bridges Redevelopment Project F. Consider cancellation of the December 27, 2004 City Council Meeting. 11. APPROVAL OF MINUTES - NONE 12. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 13. Next Council Work Session: Monday January 3, 2005 (This will be called to Order) Next Council Meeting: Monday, December 13, 2004 Item No.10A Meeting Date: December 6, 2004 Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kurt Ulrich, City Administrator Item Title/Subject: Community Survey Review Per City Council direction, Bill Morris and Peter Leatherman of Decision Resources, LTD., will be present at the Special City Council Meeting to conduct an initial planning meeting for the community survey to be conducted in 2005. Attached is a City Survey from 1992. Please take a minute to read the questions and note any additions, deletions, or revisions you would like to make to the questions. Decision Resources has also been asked to address how the survey responses would be used in the facilitation of a “town meeting” session with residents. Respectfully submitted, Kurt Ulrich, City Administrator Item No.10C Meeting Date: December 6, 2004 Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Storm Water Utility Discuss the Methodology of Assigning the Rate Background: Since 1993, the City of Mounds View has operated a Storm Water Utility. A storm water utility is a method of funding the construction and maintenance of storm water drainage facilities. It is similar in nature to the water and sewer utilities operated by the City. Within the City of Mounds View, the need to control sediment and pollution entering our lakes and wetlands and to control storm water runoff has been increasing. PROGRAMS FUNDED BY THE UTILITY • Wetland enhancement and maintenance • Water quality modeling and monitoring • Water quality enhancement projects • Detention basin maintenance and construction • Storm sewer extensions • Drainage system maintenance and reconstruction • Removal of sediment from ponds and wetlands • Ditch and culvert maintenance On August 23 1993, City Council approved Ordinance No. 529 establishing a Storm Water Utility. This has since been included in the City Code as Chapter 908 (See attached). Discussion: The City’s Code, as it pertains to the establishment of the Storm Water Utility, was intended to ”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.” Given that, fees were established. Staff believes that the methodology for assigning these rates, which have been employed since the early 1990’s, do not perform as intended. Some residents / property owners have also expressed a dissatisfaction with the current methodology for assigning these charges. ISSUES WITH THE CURRENT SYSTEM  Section 908.03, subdivision 2 of the City Code calls for “the surface water management fee for residential, town-homes/condominiums, apartments and mobile home parks will be determined on a per-household basis rather than a per acre basis”. The current adopted fee schedule assigns charges based on acreage for medium density and high density residential, as well as mobile home parks. These documents should be consistent.  The rates for all non-residential property including business, commercial, and industrial properties are adjusted with a “utility factor” (see section 908.03 subdivision 3.b. of the attached City Code). This methodology assumes that all properties with a particular land generate the same burden on the City’s Storm Water System. Staff contends that is not accurate and is an oversimplified way to assign storm water charges.  The current rate structure for all non-residential property uses the total gross area as a multiplier, regardless of what the land is. Example: the total area (in acres including wetlands, ponds, City ponding easement areas) is multiplied by the utility factor. Staff, and several property owners, believe that assigning storm water charges to property containing wetlands, ponds, or City ponding areas places an unjustified additional financial burden on these properties. This is especially true in cases where a wetland or pond that the City is utilizing and discharging storm water to is on private property. ILLUSTRATIVE EXAMPLES – Based on the Current System  A 10,000 square foot building on 2 acres will generate the same amount of storm water runoff regardless of whether its land use is a residential business or industrial. However, the residential business use will pay 28% more in storm water utility fees than the industrial use.  Two parcels eight-acres (8ac.) in size with the same land use will pay the same storm water utility charge. However one parcel maybe vacant or have a large wetland occupying most of the lot and generate very little storm water runoff whereas the other parcel may contain a large building with a large parking lot thus have a lot of impervious area, consequently generating more storm water runoff. POSSIBLE SOLUTION To meet the original intent of Ordinance No. 529 establishing a Storm Water Utility and making it ”just and equitable”, Staff is recommending that the City assign the Storm Water Utility based on the calculated storm water runoff for all properties. This would exclude low and medium density residential, which Staff recommends be assigned the utility on a per unit basis, or fraction thereof. The methodology with which Staff recommends this could be achieved is that storm water runoff be converted into a “Residential Equivalent Factor (REF)”. A Residential Equivalent Factor is the amount of storm water runoff a standard (1/4 acre) single family lot with a house, driveway, and other impervious areas generates. What this means is that the runoff for all properties, excluding low and medium density residential properties, would be calculated and a Residential Equivalent Factor (REF) assigned to it and the property be charged a storm water utility charge based on the number of REF’s it had. Single Family home properties would be assigned one (1) REF and other low density residential properties could be assigned a fraction of an REF (example: properties with 3 to 8 units pay 0.75 REF per unit). CURRENT WORK STATUS Earlier this year the City Council approved Resolution No. 6280 approving a Temporary Data Entry Position. This person was hired and has been updating the City’s Commercial Parcel Database as well as collecting the necessary data to allow for storm water runoff calculations to be conducted for every commercial and high density site within the City. As an additional benefit, commercial site and construction plans have been re-organized and categorized. This work is nearly complete, and has been a great success. Once completed, Staff could present a detailed proposal. Should the City Council wish to proceed with exploring this proposed methodology in which the City assigns a Storm Water Utility Charge, Staff will finalize the property database, conduct a financial analysis to determine the impacts and revenue generated based on various REF values, and develop a proposed ordinance revision to allow for this proposal. Recommendation: It is recommended that the City Council direct Staff to proceed with exploring the possibility of making the City’s Storm Water Utility Charge be more just and equitable by developing and examining a methodology with which it is assigned. This methodology would be based on calculating the storm water runoff for each site and assigning a Residential Equivalent Factor (REF). Respectfully Submitted, Greg Lee, Director of Public Works 908.01 908.01 CHAPTER 908 SURFACE WATER MANAGEMENT UTILITY SECTION: 908.01: General Operation 908.02: Definitions 908.03: Surface Water Management Fee 908.04: Adjustments of Management Fees 908.05: Excluded Lands 908.06: Supplying Information 908.07: Estimated Charges 908.08: Billings and Collections 908.09: Use of Revenues 908.10: Penalties and Remedies for Delinquency or Default in Paying Bills 908.01: GENERAL OPERATION: Subd. 1. Title: 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 will be derived subject to the provisions of this Chapter and Minnesota Statutes. The Mounds View Municipal Code is amended by adding Chapter 908 to be entitled, "Surface Water Management Utility". Subd. 2. Findings 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, safety, convenience and general welfare, the City has constructed, operated and maintained a surface water 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. 908.01 908.03 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. (Ord. 529, 8-23-93) 908.02: DEFINITIONS: Subd. 1. QUARTERLY SURFACE WATER MANAGEMENT REVENUE REQUIREMENT: 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. Subd. 2. SURFACE WATER MANAGEMENT FEE: The quarterly charge developed for each parcel of land pursuant to this Chapter. Subd. 3. 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 two inch (2") rainfall and Soil Conservation Service (SCS) "Type B" soil conditions. (Ord. 529, 8-23-93) 908.03: SURFACE WATER MANAGEMENT FEE: Subd. 1. Determination: 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. 908.03 908.03 Subd. 2. Total Fee: The surface water management fee for residential, town- homes/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. Subd. 3. Individual Parcels, Excluding Residential: 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. a. 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. b. Surface Water Management Utility Factors: The utility factors for various land uses are as follows: Classification Land Use Utility Factor R1, R2 Single and Two-Family Residential 1.0 R-3 Medium Density Residential 2.68 R-4, R-5, R-0 High Density Residential, Mobile Homes, 3.26 Residential Office B-1, B-2, B-3, B-4 Neighborhood Business, Limited Business, 4.17 Highway Business, Regional Business 1-1 Industrial 3.26 PF Public Facilities 1.28 PUD Planned Unit Development 3.69 CRP Conservancy, Recreation and Presentation 0.46 School/Church Public/Private 1.5 908.03 908.09 c. 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. (Ord. 529, 8-23-93) 908.04: ADJUSTMENTS OF MANAGEMENT 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. (Ord. 529, 8-23-93) 908.05: EXCLUDED LANDS: No management fee for system availability or service shall be made against land which is public street right of way. (Ord. 529, 8-23-93) 908.06: SUPPLYING 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 Section. (Ord. 529, 8-23-93) 908.07: ESTIMATED CHARGES: If the owner, occupant or person in charge of any premises fails or refuses to provide information requested under Section 908.06 of this Chapter, the management fee for such premises shall be estimated and billed in accordance with such estimate, based upon information then available to the City. (Ord. 529, 8-23-93) 908.08: BILLINGS 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 Finance Department and may be rendered in conjunction with billings for water or sanitary sewer service, or both. (Ord. 529, 8-23-93) 908.09: 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. (Ord. 529, 8-23-93) 908.09 908.10 908.10: PENALTIES AND REMEDIES FOR DELINQUENCY OR DEFAULT IN PAYING BILLS: Penalties and remedies for late payments or nonpayment of billings shall be the same as those applicable to billings rendered for water and sanitary sewer service. (Ord. 529, 8-23-93) Item No.10F Meeting Date: December 6, 2004 Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Administrative Assistant Item Title/Subject: Consider Cancellation of the December 27, 2004 City Council Meeting On November 8, 2004, City Council Meeting, Staff was directed by Council to see if it was necessary to have the December 27, 2004, City Council Meeting, due to the holidays. Staff feels that this City Council Meeting is not necessary and recommends that the meeting be cancelled. Attached is the City Council Meeting Minutes of November 8, 2004 (Page 9), referencing the consideration to cancel the meeting. Respectfully submitted, Desaree Crane