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Home My WebLink About2156-00 - ADMIN Ordinance - City Council - 2000/02/22ORDINANCE NO.2156-00 AN ORDINANCE AMENDING SECTION 9 OF THE ORDINANCE CODE, ESTABLISHING A STORMWATER UTILITY THE CITY OF ST LOUIS PARK DOES ORDAIN SECTION 1. Section 9 of the St Louis Park Ordinance Code is amended by adding the following Section 9-234 Section 9-234 Stormwater Utility (1) Stormwater Utility Establishment Stormwater management shall be operated as a public utility pursuant to Minnesota Statutes Section 444 075 (2) Rates and Charges Fees for the use and availability of the storm sewer system shall be determined through the use of a "Residential Equivalent Factor" ("REF") A REF is the ratio of the volume of runoff generated by one (1) acre of a particular land use to the volume of runoff generated by one (1) acre of single/two family residential land use based upon average annual rainfall (3) Determination of REF's for Land Uses The REF's for the following land uses within the City are as follows Land Use REF Golf Courses 0 3 Single/Two Family Residential 1 0 Schools 1 1 Low Density Townhouse 1 4 Community Facilities 1 5 Nursing Homes 1 8 Multi-Family/High Density Townhouse 1 9 Religious Institutions 2 7 Commercial/Office/Industrial/Hospital 2 9 (4) Other Land Uses Other land uses not listed in the foregoing table shall be classified by the Public Works Director by assigning them to the most similar classes from the standpoint of probable hydrologic response (5) Establishing Basic Rate In determining charges, the Council shall, from time to time, by resolution establish a basic system rate to be charged against one (1) acre of single/two family residential land having a REF of one (1) 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 Ordinance No 2156-00 -2- (6) Standardize Acreage For the purpose of simplifying and equalizing charges against property used for single/two family residential purposes, each of such properties shall be considered to have an acreage of one-fifth acre and shall not be eligible for an Acreage Adjustment (7) Adjustments 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 Such adjustment shall be made only after receiving the recommendation of the Public Works Director 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 particular classification, such adjustment shall be accomplished by amending the REF table in subsection (3) (8) Exceptions The following land uses are exempt from stormwater utility fees (a) public rights of way, (b) wetlands and public waters as defined by state law, (c) ponds designed and used exclusively for stormwater retention or treatment purposes up to the 100 -year flood elevation, (d) undeveloped parcels, (e) undeveloped or natural state, county, regional and city parklands, (f) railroads, and (g) City owned property (9) Adjustments of Acreage The total parcel acreage will be used to calculate the parcel charge It is the responsibility of the owner of any premises to supply the City with any necessary information required to determine if a parcel or portion of a parcel qualifies as an Exception and is eligible for an Acreage Adjustment The City will review the proposed adjustment upon receipt of a complete submittal package The adjustment must be approved by the Public Works Director and will become effective at the beginning of the next billing cycle (10) Supplying Information For the purpose of evaluating acreage adjustment requests, 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 (11) Estimated Charges If the owner, occupant or person in charge of any premises fails or refuses to provide the information requested, as provided in subsection (9), the charge for such premises shall be estimated and billed in accordance with such estimate, based upon information then available to the City (12) Billing Method Stormwater utility fees will be computed and collected by the City along with other utilities such as sewer and water Payment shall be required on or before the due date established for such other billing Delinquent accounts will be treated the same as sewer and water accounts (13) Certification of Past Due Fees on Taxes Any stormwater utility fees past due on October 1 of any year may be certified to the County Auditor for collection with real estate taxes in the following year or any year thereafter In addition, the City shall also have the right to bring a civil action or to take other legal remedies to collect unpaid fees 1 f 1 Ordinance No 2156-00 -3- SECTION 2. This ordinance shall be effective fifteen (15) days after its passage and publication ADOPTED this 22nd day of February, 2000, by the City Council of the City of St Louis Park Reviewed for Administration v y anager Attest C' y Clerk r Adopted by the City Council February 22, 2000 Approved as to Form and Execution STATE OF MINNESOTA) SS. newspapers AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN) Frank Chilinski, being duly swom on an oath states or affirms, that he is the publisher of the newspaper known as Sun -Sailor , or the president's designated agent, and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat §331A.02, §331A.07, and other applicable laws, as amended. (B) The pnnted public notice that is attached was published in the newspaper once each week, for one March successive weeks; it was first published on Wednesday, the 1 day of , 2000, and was thereafter pnnted and published on every Wednesday to and including Wednesday, the day of , 2000; and pnnted 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: abcd a fghil kl m n o pg rstu 47/0///, Subscnbed and swo to or affirmed b / on this / day of %LUI el, • Not re me 00 Air I 1 ' 0,.._ MERIDEL M HEDBLOM NOTARY PUBLIC -MINNESOTA MY COMMISSION EXPIRES 1.31.2005 Pub isher RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged $ 2.85 per line $ 6 20 per line $ 1.40 per line City of St. Louis Park - (Official Publication) Summary ORDINANCE NO. 2156-00 AN ORDINANCE AMENDING SECTION 9 OF THE ORDINANCE CODE, ESTABLISHING A STORMWATER UTILITY Summary: This action amends the ordinance to establish a Stormwater Utility to fund the Stormwater Manage- ment Program The stormwater utility rate charges will be set each year by the City Council, by resolution Effective Date: This ordinance shall be effective fifteen (15) days after its passage and publication Adopted by the City Council February 22, 2000 Jeffrey Jacobs Mayor A copy of the full text of this ordinance is available for in- spection with the City Clerk (March 1, 2000)A3/ Ord 2156-00