Loading...
HomeMy WebLinkAbout2002.04.15 ORD 2002-360or CITY OF HUGO WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2002- 360 AN ORDINANCE OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA, ESTABLISHING CERTAIN UNIFORM TRUNK AND STORM WATER PONDING CHARGES FOR STORM WATER TRUNK AND PONDING IMPROVEMENTS TO BE IMPOSED ON DEVELOPING PROPERTY WITHIN THE MUSA AREA IN THE CITY OF HUGO. THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA, DOES HEREBY ORDAIN AS FOLLOWS: WHEREAS, the City of Hugo has extensive water resources which include ponds, ditches, wetlands and other low-lying areas which are not suitable for residential or commercial development; and, WHEREAS, the City has experienced significant increases in residential and commercial development which has resulted in the need to construct roads, utilities, trails, parking lots, and other infrastructure necessary to serve these areas; and, WHEREAS, this development creates a direct and obvious need for additional storm water management improvements, such as trunk lines and ponding facilities, and the City's Comprehensive Storm Water Management Plan incorporates regional conveyance systems as a necessary component; and, WHEREAS, it is not necessarily desirable that ponding improvements be constructed exclusively on a particular development site since that causes an inefficient use of land, minimizes the availability of commercial land for construction, and complicates efforts to manage and maintain existing trunk and ponding areas which proliferate when no regional ponding exists; and, WHEREAS, the City, therefore, needs to pay for the acquisition, construction, reconstruction, repair, enlargement, improvement, maintenance, operation and use of storm sewer systems for the collection, treatment and disposal of storm water; and, WHEREAS, Minnesota Statutes Section 444.075, et. seq., gives the City authority to impose just and equitable charges to pay for the acquisition, construction, reconstruction, repair, enlargement, improvement, maintenance, operation, use availability or connection with storm sewer systems for the collection and disposal of storm water; and, Rev. 03/28/02 1 WHEREAS, the City Council has determined that new development creates the need for acquisition, construction, reconstruction, improvement, maintenance, operation and use of trunk storm water facilities and regional ponding systems; and, WHEREAS, the City Council has further determined that existing development fees are inadequate to pay the costs of new trunk storm water facilities and regional ponding systems, and payment by the City would require previously developed properties to be assessed for improvements, the need for which is being generated primarily by new development rather than existing development; and, WHEREAS, these new trunk storm water improvements and regional ponding systems will be acquired, constructed, operated, used and maintained in accordance with the City's comprehensive storm water management plan; and, WHEREAS, the City Council has considered the information, recommendations and conclusions contained in the Storm Water Trunk Fee Justification Report dated May 1999, updated March 2002, and does adopt it and any updates or addendums to it which may be approved by future Resolution of the Council for purposes of setting storm water trunk and ponding fees. NOW, THEREFORE, it is hereby ordained as follows: Section 1. There is established and imposed in the City of Hugo a system of storm water trunk and ponding (storage, treatment and infiltration) charges to be paid by any development applicant developing land within the current and future MUSA area, including any extensions thereto, at the time of any subdivision of land, redevelopment or expansion of a commercial/industrial site which increases the impervious surface area by at least one-half (1/2) acre or more than fifty percent (50%) of its existing impervious surface area. Storm water trunk and ponding fees shall be set by Resolution of the City Council from time to time, and the information recommendations and conclusions contained in the Trunk Storm Water Fee Justification Report and any updates or addendums to it which are approved by future Resolution of the Council are hereby adopted. Section 2. This system of trunk and ponding fees shall be administered by the City's engineering staff. Section 3. Severabili. If any portion of this Ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 4. Effective bate. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Rev. 03/28/02 2 R -R Passed and adopted by City Council of the City of Hugo, Washington County, Minnesota, this 15thlay of April , 2002. ATTEST: Mary reager, City Clerk 61 Rev. 03/26/02 1 Fran on, Mayor PRI&TER'S AFFIDAVIT OF PUBLICATION CITY OF HUGO WASHINGTON COUNTY, MINNESOTA '1RDINANCE NO. 2002-360 DRDINANCE OF THE CITY OF H WASHINGTION COUNTY, MINr:—'oOTA, ESTABLISHING CERTAIN UNIFORM TRUNK AND STORM WATER PONDING CHARGES FOR STORM WATER TRUNK AND PONDING IMPROVEMENTS TO BE IMPOSED ON DEVELOPING PROPERTY WITHIN THE MUSA AREA IN THE CITY OF HUGO. THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA, DOES HEREBY ORDAIN AS FOLLOWS: WHEREAS, the City of Hugo has extensive water resources which include ponds, ditches, wetlands and other low- lying areas which are not suitable for resi- dential commercial development; and WHEREAS, the City has experienced significant increases in residential and commercial development which has resulted in the need to construct roads, utilities, trails, parking lots, and other infra- structure necessary to serve these areas; and, WHEREAS, this development creates a direct and obvious need for additional storm water management improvements, such as trunk lines and ponding facilities, and the City's Comprehensive Storm Water Management Plan incorporates conveyance systems as a necessary component; and WHEREAS, it is not necessarily desir- able that ponding impovements be con- structed exclusively on a particular devel- opment site since that causes an ineffi- cient use of land, minimizes the availabili- ty mercial land for construction, and C, rtes efforts to manage and main- tE ;isting trunk and ponding areas which proliferate when no regional pond- ing exists; and WHEREAS, the City, therefore, needs to pay for the acquisition, construction, reconstruction, repair, enlargement, improvement, maintenance, operation and use of storm sewer systems for the collection, treatment and disposal of storm water; and WHEREAS, Minnesota Statutes Section 444.075, et. seq., gives the City authority to ,impose just and equitable charges to pay for the acquistion, con- struction, reconstruction, repair, enlarge- ment, improvement, maintenance, opera- tion, use availability or connection with storm sewer systems for the collection and disposal of storm water; and WHEREAS, the City Council has determined that new development creates the need for acquisition, construction, reconstruction, improvement, mainte- nance, operation and use of trunk storm water facilities and regional ponding sys- tems; and, WHEREAS, the City Council has fur- ther determined that existing development fees are inadequate to pay the costs of new trunk storm water facilities and regional ponding systems, and payment by the City would require previously devel- oped properties to be assessed for improvements, the need for which is being generated primarily by new development rather than existing development; and, EREAS, these new trunk storm 1provements and regional ponding s wit be aquired, constructed, operated, used and maintained in accor- dance with the City's comprehensive storm water management plan; and 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 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 constituting 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. 2002-360 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for successive weeks; it was first published on WEDNESDAY , the 24 day of APRIL , 20 02, and was thereafter printed and published on every to and including the day of , 20 ; 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: U � �G�•�. TITLE: Publisher Subscribed and sworn to before me on this 24 day of APRIL ag �Q?_ MARGARET TENNESSEN NOTARY PUBLIC - MINNESOTA JAN. 31, 2006 My commission expires January 31, 2005 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) 66.75/INCH (Line, word, or inch rate) WHEREAS, the City Council has con- sidered the information, recommenda- tions and conclusions contained in the Storm Water Trunk Fee Justification Report dated May 1999, updated March 2002, and does adopt it and any upgrades or addendums to it which may be approved by future Resolution of the Council for purposes of setting storm water trunk and ponding fees. NOW THEREFORE, it is hereby ordained as follows: Section 1. There is established and imposed in the City of Hugo a system of storm water trunk and ponding (storage, treatment and infiltration) charges to be paid by any development applicant devel- oping land within the current and future MUSA area, including any extensions thereto, at the time of any subdivision of land, redevelopment or expansion of a commercial/industrial site which increases the impervious surface area by at least one-half (1/2) acre or more than fifly per- cent (50%) of its existing impervious sur- face area. Storm water trunk and ponding fees shall be set by Resolution of the City Council from time to time, and the infor- mation recommendations and conclu- sions contained in the Trunk Storm Water Fee Justification Report and any updates or addendums to it which are approved by future Resolution of the Council are here- by adopted. Section 2. This system of trunk and ponding fees shall be administered by the City's engineering staff. Section 3. Severability. If any portion of this Ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remain- ing portions thereof. Section 4. Effective Date. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Passed and adopted by City Council of the City of Hugo, Washingtion County, Minnesota, this 15th day of April, 2002. /s/Fran Miron, Mayor Attest: /s/ Mary Ann Creager, City Clerk Published in the White Bear Press April 24, 2002. I zoo? a ' 4 ;V1