HomeMy WebLinkAboutOrdinance - 41-93 - Amending Chapter 3, Section 3.75 Establishing a Storm Water System Utility - 10/05/1993 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 4A--93
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA A4ENDING CITY
CODE CHAPTER 3 ENTITLED "MUNICIPAL AND PUBLIC UTILITIES-RULES AND
REGULATIONS, RATES, CHARGES AND COLLECTIONS" BY ADDING SECTION 3 .75
THERETO RELATING TO THE ESTABLISHMENT OF A STORM WATER SEWER SYSTEM
UTILITY AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION
3 . 99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1 . City Code Chapter 3 is amended by adding Section
3 .75 to read as follows :
"SECTION 3 .75. RULES AND REGULATIONS RELATING TO STORM WATER
SEWER SYSTEM UTILITY.
Subd. 1. Findings and Determinations .
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 water 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, heretofore has been financed
and paid for through the imposition of special
assessments and ad valorem taxes . 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 section.
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 cost,
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
rainfall event .
Subd. 2. Storm Water Sewer System Utility Established. A
municipal storm water sewer system utility (the "storm water
utility" ) is hereby established and shall be operated pursuant
to M.S. 444 . 075 from which revenues will be derived subject to
the provisions of this Section and other laws.
Subd. 3 . Definitions . Unless the context clearly indicates
otherwise, the following words or phrases have the meanings
given in this Subdivision.
A. "Residential Equivalent Factor ("REF") 11 . One REF is
defined as the ratio of the average volume of runoff
generated by one acre of a land use to the average volume
of runoff generated by one acre of typical single family
residential land, assuming Soil Conservation Service
( "SCS" ) "Type B" soil conditions, during a rainfall
event, all as determined by the City Engineer.
B. "Rainfall Event" . A rainfall event is a rainfall of two
(2) inches within a 24 hour period.
Subd. 4 . REF For Land Uses . The REF for each land use is as
follows :
Classification Land Use REF
1 Single Family 1 . 0
2 Industrial, Apartments,
Railroad ROW 3 .30
3 Commercial/Office/
Parking/Clinics 4.23
4 Parks/Open Space/
Golf Course 0 .46
5 Institutions (Churches,
Schools, Government
Buildings) 3 .74
6 Airport, Landfill 0 .82
7 Undeveloped (Agricultural,
Rural Vacant)
* Undeveloped land will be charged a
flat fee without reference to an
REF.
Subd. 5. Exemptions . The following land uses are exempt from
the surface water management fee:
(a) Public Right-of-way
(b) Lakes
(c) Wetlands
(d) City Property
•f
Subd. 6 . Adjustments to REF. The Council may adopt policies
recommended by the City Engineer for adjustment of the REF for
parcels of land based upon hydrologic data to be supplied by
property owners, which data demonstrates a hydrologic response
substantially different from the standards used by City to
establish the REF for the use to which a parcel may be put .
Adjustments to a REF shall not retroactively reduce storm
water utility charges .
Subd. 7. Other Land Uses . Other land uses not listed in the
foregoing table shall be classified by the City Engineer by t
assigning them to classes most nearly like the listed uses
runoff volumes for a standard rainfall event . An appeal from
the City Engineer' s determination of a classification may be
made to the City Council pursuant to City Code Section 2 .80,
provided written notice is served as provided therein not
later than 30 days from the date written notice of the
decision of the City Engineer is given to the Owner of the
property which is the subject of the classification.
Subd. 8. Setting of Rate. The rate for storm water utility
charges shall be determined from time to time by the Council
by resolution. In doing so, the Council shall determine and
set an annual budget for the system, including management,
planning, inventory, capital expenditures, personnel,
equipment and operations . The aggregate amount of the budget
shall then be divided by the total number of REFs within the
City, the quotient of which shall be the rate for one (1) REF.
Subd. 9 . Determination of Charges. The storm water utility
charge for a specific parcel of property shall be determined
as follows : parcels on which single-family residences are
situated shall be charged an amount equivalent to the rate
times one-third (1/3) REF.' Each other property shall be
charged an amount determined by multiplying the REF applicable
to the class of land use under consideration times the rate
for one (1) REF times the total acres or fractions thereof of
the land.
Subd. 10 . Billing and Payment . Storm water utility charges
shall be computed and billed periodically with, and included
as a charge on, bills issued by the City for water or sewer
services pursuant to Section 3 . 05 of the City Code. If a
parcel of land subject to the storm water utility charge is
not served by City water or sewer, a separate bill shall be
issued every three months for the storm water utility charge.
1 For determination of the charge for single-family
residences it is assumed that parcels on which single-
family residences are situated comprise one-third (1/3)
acre.
The rules and regulations relating to municipal utilities set forth in City Code Section
3.05 shall apply to the storm water utility.
Subd. 11. Establishment of Fund. All fees collected for the storm water utility shall
be placed in a fund for the exclusive use or uses described in Subd. 8 hereof and as
permitted by Minnesota Statutes, Section 444.075."
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable
to the Entire City Code Including Penalty for Violation" and Section 3.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 3. This ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on
the 5th day of October, 1993. Finally read, adopted and ordered published in summary form
as attached hereto at a regular meeting of the City Council of said City on the 19th day of
October, 1993.
JoforD. Frane, City Clerk
ict{-A b I.AN'OEzsoN,-AcTcNCa MA40(Z
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 41-93
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE
CHAPTER 3 ENTITLED "MUNICIPAL AND PUBLIC UTILITIES -RULES AND REGULATIONS,
RATES, CHARGES AND COLLECTIONS" BY ADDING SECTION 3.75 THERETO RELATING
TO THE ESTABLISHMENT OF A STORM WATER SEWER SYSTEM UTH.ITY AND ADOPTING
BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 3.99 WHICH, AMONG OTHER
THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Summary: This ordinance amends the City Code with respect to rules
and regulations relating to public utilities by establishing a
storm water sewer system utility. The ordinance
establishes a system by which all properties, except those
specifically exempted, shall be billed quarterly for the cost
to improve, maintain and operate the City's storm water
sewer system.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
/s/ John D. Frane /s/ Douglas B. Tenpas
City Clerk Mayor
PUBLISBED in the Eden Prairie News on OCT 2 1993
(A full copy of the text of this Ordinance is available from the City Clerk)
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota )
)SS.
County of Hennepin )
CITY OF EDEN PRAIRIE Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher
HENNEPIN COUNTY,MINNESOTA of the newspaper known as the Eden Prairie News and has full knowledge of the facts herein
ORDINANCE NO.41-93 stated as follows:
AN ORDINANCE OF THE CITY OF (A)This newspaper has complied with the requirements constituting qualification as a legal
EDEN PRAIRIE,MINNESOTA newspaper,as provided by Minnesota Statute 331A 02,331A.07,and other applicable laws,as
AMENDING CITY CODE CHAPTER amended.
3 ENTITLED"MUNICIPAL AND
PUBLIC U'rRXnES-RULES AND (B)The printed public notice that is attached to this Affidavit and identified as No.
�
REGULATIONS,RATES,CHARGES was published on the date or dates and in the newspaper stated in the attached Notice,and said
AND COLLECTIONS BY ADDING Notice is hereby incorporated as part of this affidavit. Said notice was cut from the columns of
SECTION 3.75 THERETO the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both
RELATING TO THE inclusive,and is hereby acknowledged as being the k' and size of type used in the composition
ESTABLISHMENT OF A STORM and publication of the Notice:
WATER SEWER SYSTEM UTILITY
AND ADOPITNG BY REFERENCE abcdefghijklmn p s vwxyz
CITY CODE CHAPTER 1 AND
SECTION 3.99 WHICH,AMONG
OTHER THINGS,CONTAIN
PENALTY PROVISIONS.
THECITYCOUNQI.OFTHECITY S olfsrud, oral Manager
OF EDEN PRAIRIE; MINNESOTA
ORDAINS: -----a-
Summary: This ordinance amends Subscribed and sworn before me on GWEN M.RADUENZ
the City Code with respect to rules and s ?.* �"�
regulations relating to public utilities by i .J NOTARY PUELIC-MINNESOTA
estalllishing a storm water sewer system b�:� SCOTT COUNTY
utility.The ordinance establishes a sys- thisday of 1993 1�Y Commission Expires Feb.24,1999
tomb which all properties,except those
specifically exempted, shall be billed
quarterly for the cost to improve,main-
tain and operate the City's storm water
sewer system. tdry Public
Effective Date:This Ordinance shall
take effect upon publication.
ATTEST-
Is/John D.Franc
City Clerk
Is/Douglas B.Tenpas,Mayor
(A full copy of the text of this Ordi-
nance is available from the City Clerk)
(Published in the Eden Prairie News on
Thursday,October 28,1993�No.6921).
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space....$10.13 per column inch
Maximum rate allowed by law for the above matter ..........................$10.13 per column inch
Rate actually charged for the above matter.......................................... $6A9 per column inch