HomeMy WebLinkAbout1999.09.07 ORD 1999-335CITY OF HUGO
WASHINGTON COUNTY, MINNESOTA
ORDINANCE NO. 1999- 335
STORM WATER UTILITY ORDINANCE
AN ORDINANCE ESTABLISHING CHAPTER 275 OF THE HUGO CITY CODE
CREATING A STORM WATER UTILITY FEE SYSTEM.
THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY,
MINNESOTA, DOES HEREBY ORDAIN AS FOLLOWS:
275.01 Statutory Authority.
Minnesota Statutes Section 444.075 authorizes cities to
impose just and reasonable charges for the use and availability of
storm sewer facilities ("Charges"). By this section, the City
elects to exercise such authority.
275.02 Findings and Determinations.
In providing for such charges, the findings and
determinations set out in this subsection are hereby made:
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 storm sewer system ("the system"). This section is adopted in
the further exercise of such authority and for the same purposes.
B. The system, as constructed, has, in the past, been
financed and paid for through the imposition of special assessments
and/or ad valorem taxes. 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
charges as provided in this Ordinance.
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
expected 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.
E. That the storm water utility fees shall apply to
those areas within the City of Hugo which exist within the 20/20
Urban Development Area. This is consistent with this Ordinance's
purpose to develop a funding mechanism that will fairly charge land
owners based upon their use of the storm sewer system. The Council
finds that, historically, very little money is spent on maintaining
the storm water system outside the 20/20 Urban Development Area.
Instead, as land develops and as impervious surfaces increase,
costs related to storm water control also increase.
F. Based upon this same premise, land uses that have a
high percentage of impervious surface (and which generate large
volumes of runoff) such as commercial and industrial areas, would
be charged more than land uses that have a small amount of
impervious surfaces, and which generate less runoff, such as
residential areas.
275.03 Definitions.
The following words, terms, and phrases, when used in
this Ordinance, shall have the meaning ascribed to them in this
section, except where the context clearly indicates a different
meaning:
A. Surface water utility fee means the quarterly charge
for each parcel of non-exempt property in the City for the
management of storm water.
B. Residential equivalency factor ("REF") means the
ratio of runoff volume, in inches, for a particular land use, to
the runoff volume, in inches, for a one -third -acre residential lot,
assuming a 2.4 inch rainfall and soil conservation (SCS) "Type B"
soil conditions.
275.04 Surface water utility fees.
A. The residential equivalency factors for various land
uses within the City are as follows:
2
Classification
Land Use
REF
1
Single-family residential
1.00
2
Agricultural/Open space
0.30
3
Medium density residential
1.40
4
High density residential
1.90
5
Business/commercial, industrial,
institutions
2.70
6
Parks, cemeteries, golf courses,
arboretums
0.30
B. Other Land Uses. Other land uses not listed in the
foregoing table shall be classified by the City Administrator, with
the assistance of the City's Engineer (or Water Resource Engineer)
by assigning them to the classes most nearly like the listed uses,
from the standpoint of probable hydraulic response. Appeals from
this determination of the proper classification may be made to the
City Council.
275.05 Establishing Basic Rate.
In determining charge, the Council shall from time to
time, by Resolution, establish a basic system rate to be charged
against one acre of land having an REF of 1.00. The charge to be
made against each parcel of land shall then be determined by
multiplying the REF for the parcel's land use classification times
the parcel's acreage times the basic system rate.
275.06 Standardized Acreage.
For the purposes of simplifying and equalizing charges
against property used for single-family residential purposes, each
of such properties shall be considered to have an acreage of one-
third (1/3) of an acre.
275.07 Adjustment of Charges.
The City Council may, by Resolution, from time to time,
adopt policies providing for the adjustment of charges for parcels
or groups of parcels, based upon hydrologic data supplied by
affected property owners, demonstrating an actual hydrologic
response substantially different from the REF being used for the
parcel or parcels of property. Such adjustment shall be made only
after receiving the recommendation of the City Administrator, and
3
shall not be made effective retroactively. If the adjustment would
have the effect of changing the REF for all or substantially all of
the land uses in a particular classification, however, such
adjustment shall be accomplished by amending the REF table listed
above.
275.08 Exemptions.
The following land uses or areas are exempt from the
surface water utility fee:
1. Public rights-of-way
2. Lakes
3. Areas of the City outside the 20/20 Urban
Development Area.
275.09 Payment of Fee.
Surface water utility fees shall be invoiced quarterly.
The amount due, as shown on the invoice, shall be payable on or
before the twentieth day of the month in which the invoice is
issued. A penalty of ten percent (100) per quarter 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 quarterly statement is prepared. Any
prepayment or overpayment of charges shall be retained by the City
and applied against subsequent fees.
275.10 Appeal of Fees.
If a property owner or person responsible for paying the
surface water utility fee believes that a particular fee is
incorrect, such person may file a written appeal with the City
Clerk. Appeals will be heard by the City Council. No adjustment
will be made to the utility factor for property classifications 1,
2 and 3.
275.11 Certification of Delinquent Fees.
If a surface water utility fee is not paid within three
(3) months after a billing is issued, the City Council may certify
the amount due, together with penalties, to the County Auditor to
be collected with other real estate taxes on the parcel.
I
275.12 Surface Water Utility Fund.
A separate fund shall be maintained for surface water
utility fees and expenditures.
WHEREUPON, said Ordinance was declared passed and adopted
this 7th day of September , 1999.
ATTEST:
Mary Creager, Ci Clerk
5
Walter L. Stol zn%n, Mayor
PRINTER'S AFFIDAVIT OF PUBLICATION
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA) §
County of Ramsey )
I, the publisher, or the publisher's designated agent, being duly sworn,
on oath state that I am the publisher, or the publisher's designated
agent and an employee of the newspaper known as The White Bear
Press, and that I have full knowledge of the facts which are stated
below:
CITY OF HUGO (A) The newspaper has complied with all of the requirements constitut-
The Hugo City Council will hold a public
hearing on August 16, 1999, at 7:05 pm. Hugo ing qualification as a qualified newspaper, as provided by Minnesota
City Hall, to consider adoption of a proposed 2A
Statute 331.0 331.07 pp
ordinance establishing Chapter 275 creating a A, and other applicable laws, as amended.
storm water utility fee system. A full and com-
plete copy of the proposed ordinance is on file
in the office of the City Clerk. All written and
oral comments will be heard at this time. PII$T.If`. IWARING
Mary Ann Creager, City Clerk which is attached was cut from the columns of said newspaper, and
Published in the White Bear Press August
4,1999. was printed and published once each week, for 1 successive weeks;
it was first published on WFnNESnAy , the--4--day of
AUGUST , 1999, and was thereafter printed and published on
every to and including ,
the day of , 19 ; and printed below is a
copy of the lower case alphabet from A to Z, both inclusive, which is
hereby acknowledged as being the size and kind of type used in the
composition and publication of the notice:
abcdefghijklmnopgrstuvwxyz /
BY: P,,,t /� 9 .'ev
TITLE: Publisher
Subscribed and sworn to before me on
this 4 day of AUGUST ,19 9 TRICE HAFM
4WOTMY PU@L(C - Ml NWFSOTA
Notary Public, Ramsey County, Minn.
My commission expires January 31, 2000.
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users for comparable
space.
(2) Maximum rate allowed by law for
the above matter.
(3) Rate actually charged for the
above matter.
(Line, word, or inch rate)
$
(Line, word, or inch rate)
$ 6.00/INCH/PER WEEK
(Line, word, or inch rate)
PRINTER'S AFFIDAVIT OF PUBLICATION
CITY OF HUGO
WASHINGTON COUNTY, MINNESOTA
ORDINANCE- NO. 1999- 335
STORM WATER UTILITY ORDINANCE
AN ORDINANCE ESTABLISHING CHAPTER
275 OF THE HUGO CITY CODE CREATING A
STORM WATER UTILITY FEE SYSTEM.
THE CITY COUNCIL OF THE; CITY OF
HUGO, WASHINGTON COUNTY, MINNESO-
TA, DOES HEREBY ORDAIN AS FOLLOWS:
275.01 Statutory Authority_
Minnesota Statutes Section 444.075 autho-
rizes cities to impose just and reasonable
charges for the use and availability of storm
sewer facilities ("Charges"). By this section, the
City elects to exercise such authority.
275.02 Findings and Determinations
In providing for such charges, the findings
and determinations set out in this subsection
are hereby made:
A. In the exercise of its governmental
authority, and in order to promote the public
health, safety, convenience, and general wel-
fare, the City has constructed; operated, and
maintained a storm sewer system ("the sys-
tem"). This section is adopted in the further
exercise of such authority and for the same
purposes.
B. The system, as constructed, has, in the
past, been financed and paid for through the
imposition of special assessments and/or ad
valorem taxes. Such financing methods were
appropriate to the circumstances at the time
they were used. It is now necessary and desir-
able to provide an alternative method of recov-
ering some or all of the future costs of improv-
ing, maintaining, and operating the system
igh the imposition of charges as provided
s Ordinance.
;. 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 sys-
tem, 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, maintain-
ing, and improving the system on the basis of
the expected storm water runoff from the vari-
ous parcels of land within the City during a
standard one-year rainfall event.
D. Assigning costs and making charges
based upon expected typical storm water
runoff cannot be ;lone with mathematical preci-
sion, but can only be accomplished within rea-
sonable and practical limits The provisions of
this section undertake to establish a reason-
able and practical methodology for making
such charges.
E. That the storm water utility fees shall
apply to those areas within the City of Hugo
which exist within the 20/20 Urban
Development Area. This is consistent with this
Ordinance's purpose to develop a funding
mechanism that will fairly charge land owners
based upon their use of the storm sewer sys-
tem. The Council finds that, historically, very lit-
tle money is spent on maintaining the storm
water system outside the 20/20 Urban
Development Area. Instead, as land develops
and as impervious surfaces increase, costs
related to storm water control also increase.
F. Based upon this same premise, land
uses that have a high percentage of impervious
surface (and which generate large volumes of
toff) such as commercial and industrial
as, would be charged more than land uses
t have a small amount of impervious sur-
faces, and which generate less runoff, such as
residential areas.
275.03 Definitions.
The following words, terms, and phrases,
when used in this Ordinance, shall have the
meaning ascribed to them in this section,
except where the context clearly indicates a
different meaning:
A. Surface water utility fee means the quar-
terly charge for each parcel of non-exempt
property in the City for the management of
storm water.
B'Residential eduivalencv factor ("REF"1
ans the ratio of runoff volume, in inches, for
articular land use, to the runoff volume, in
inches, for a one -third -acre residential lot,
assuming a 2.4 inch rainfall and soil conserva-
tion (SCS) "Type B" soil conditions.
275.04 Surface water utility fees.
A. The residential equivalency factors for
various land uses within the City are as follows:
Classification Land Use REF
1 Single-family residential 1.00
2 Agricultural/Open space 0.30
3 Medium density residential 1.40
4 High density residential 1.90
5 Business/commercial,
industrial, institutions 2.70
6 Parks, cemeteries,
golf courses, arboretums 0.30
B. Other Land Uses. Otherland uses not
listed in the foregoing table shall be classified
by the City Administrator, with the assistance
of the City's Engineer (or Water Resource
Engineer) by assigning them to the classes
most nearly like the listed uses, from the stand-
point of probable hydraulic response. Appeals
from this determination of the proper classifica-
tion may be made to the City Council.
275.05 Establishing Basic Rate.
In determining charge, the Council shall
from time to time, by resolution, establish a
basic system rate to be charged against one
acre of land having an REF of 1.00. The charge
to be made against each parcel of land shall
then be determined by multiplying the REF for
the parcel's land use classification times the
parcel's acreage times the basic system rate.
275.06 54n Acreage.
For the purposes of simplifying and equal-
izing charges against property used for single-
ly residential purposes, each of such prop -
shall be considered to have an acreage
e third (1/3) of an acre.
275.07 Adjustment of Charges.
The City Council may, by Resolution, from
time to time, adopt policies providing for the
adjustment of charges for parcels or groups of
parcels, based upon hydrologic data supplied
by affected property owners, demonstrating an
actual hydrologic response substantially differ-
ent from the REF being used for the parcel or
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA) §
County of Ramsey )
I, the publisher, or the publisher's designated agent, being duly sworn,
on oath state that I am the publisher, or the publisher's designated
agent and an employee of the newspaper known as The White Bear
Press, and that I have full knowledge of the facts which are stated
below:
(A) The newspaper has -complied with all of the requirements constitut-
ing qualification as a qualified newspaper, as provided by Minnesota
Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The Printed CITY OF HUGO
ORDINANCE NO. 1999-335
which is attached was cut from the columns of said newspaper, and
was printed and published once each week, for 1 successive weeks;
it was first published on WEDNESDAY , the 22 day of
SFPTFMRFR , 19__q�� and was thereafter printed and published on
every to and including ,
the day of , 19 ; and printed below is a
copy of the lower case alphabet from A to Z, both inclusive, which is
hereby acknowledged as being the size and kind of type used in the
composition and publication of the notice:
abcdefghijklmrtopgrstuvwxyz �
BY: N
TITLE: Publisher
Subscribed and sworn to before me on
this 22 day of SEPTEMBER 999
} t
Notary'Public, Ramsey County, Minn.
My commission expires January 31. 2000.
-------------------------------------------------------------------
RATE INFORMATION
(1) Lowest classified rate paid by $
commercial users for comparable
space. (Line, word, or inch rate)
(2) Maximum rate allowed by law for $
the above matter. (Line, word, or inch rate)
(3) Rate actually charged for the $ 6.00/INCH
above matter. (Line, word, or inch rate)
parcels of property. Such adjustment shall be
made only after receiving the recommendation
of the City Administrator, and shall not be
made effective retroactively. If the adjustment
would have the effect of changing the REF for
all or substantially all of the land uses in a par-
ticular classification, however, such adjustment
shall be accomplished by amending the REF
table listed above.
275.08 Exemptions.
The following land uses or areas are
exempt from the surface water utility fee:
1. Public rights-of-way
2. Lakes
3. Areas of the City outside the 20/20
Urban Development Area. -
275.09 Payment of Fee.
Surface water utility fees shall be invoiced
quarterly. The amount due, as shown on the
invoice, shall be payable on or before the twen-
tieth day of the month in which the invoice is
issued. A penalty of ten percent (10%) per
quarter 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 quarterly
statement is prepared. Any prepayment or
overpayment of charges shall be retained by
the City and applied against subsequent fees.
275.10 Appeal of Fees.
If a property owner or person responsible
for paying the surface water utility fee believes
that a particular fee is incorrect, such person
may file a written appeal with the City Clerk.
Appeals will be heard by the City Council. No
adjustment will be made to the utility factor for
property classifications 1, 2 and 3.
275.11 Certification of Delinaueat. Fees.
If a surface water utility fee is not paid with-
in three (3) months after a billing is issued, the
City Council may certify the amount due,
together with penalties, to the County Auditor
to be collected with other real estate taxes on
the parcel.
275.12 Surface Water Utility Fund.
A separate fund shall be maintained for
surface water utility fees and expenditures.
WHEREUPON, Said Ordinance was
declared passed and adopted this 7th day of
September, 1999.
Walter L. Stoltzman, Mayor
ATTEST:
Mary Ann Creager, City Clerk
Published in the White Bear Press
September 22, 1999.
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