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1i. Ordinance Amending Fees CITY OF 7700 Market Boulevard PO Box 147 Charmassen MN 55317 Administration Building Inspeclions Phon6 952227 1180 Fax: 9522271190 Phone~ 9522271160 Fax: 952 227 11~0 Finance Fax: 9522271110 Park & Recreation Phooe 9522271120 Fax: 9522271110 Recreation Center 2310 Coulter Boulevard ?Pooe: g52 2271400 Fax: 952227 1404 Planning & Natural Resources Phone: 9522271130 Fax: 952 227 1110 Public Works 1591 Park Road Phone: 9522271300 Fax; 952.2271310 Senior Center Phone: 952.2271125 Fax 952.2271110 Web Silo www c charfflassert mn us MEMORANDUM TO: Todd Gerhardt, City Manger FROM: DATE: Bob Generous, Senior Planner November 10, 2003 SUB J: Adoption of Ordinance, Chapter 4, Chanhassen City Code License, Permit and Administrative Fees; Approval of Summary Ordinance for Publication Purposes ACTION REQUIRED A simple majority vote of City Council present. BACKGROUND The city attorney's office is recommending that the fees be adopted by ordinance. Minn. Stat. § 462.353, subd. 4, which provides as follows: Subd. 4. Fees. A municipality may prescribe fees sufficient to defray the costs incurred by it in reviewing, investigating, and administering an application for an amendment to an official control established pursuant to sections 462.351 to 462.364 or an application for a permit or other approval required under an official control established pursuant to those sections. Fees as prescribed must be by ordinance and must be fair, reasonable, and proportionate to the actual cost of the service for which the fee is imposed. A municipality shall adopt management and accounting procedures to ensure that fees are maintained and used only for the purpose for which they are collected. (Italics added) If a dispute arises over a specific fee imposed by a municipality related to a specific application, the amount of the fee must be deposited and held in escrow, and the person aggrieved by the fee may appeal under section 462.361. An approved application may proceed as if the fee had been paid, pending a decision on the appeal. Staff is proposing that fees be incorporated in the City Code as Chapter 4, which is currently reserved. At the present time, we are not changing any of the fees, only consolidating them itt one section. In January, the fee schedule will be revised. The City of Chanhassen ,, A growing community with clean lakes, quality schools a charming dow,~ tcv','n t'qriving businesses winding traiis, and beautilal parks t~, great r:lac( t,, Ice ,,,;ork, s~,d ',_lay Mr. Todd Gerhardt October 30, 2003 Page 2 The fees for the rental licensing program are based on the direction at the August 11th City Council work session. The staff recommendation was to reduce the service level of the rental inspection. Fifty-dollars per unit would still be the fee, but the license would be good for two years as opposed to one year. The City Council did discuss not requiring a fee for newly built rental units for the first two years. Part of the fee for the licensing also pays for the cost of administration of the conduct on premise portion of the ordinance. Therefore, the fees for a license should still be required to cover the costs of administrating the program. Changes to the administration of the rental licensing program will be made as part of the amendment to Chapter 10 of the Chanhassen City Code. Staff is anticipating that all rental units be inspected by March of 2004. RECOMMENDATION Staff is recommending that the City Council adopt the attached ordinance for Chapter 4 of the Chanhassen City Code; and approve the summary ordinance for publication purposes. ATTACHMENT 1. Ordinance Amending Chapter 4, Chanhassen City Code CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCENO. AN ORDINANCE AMENDING CHAPTER 4 CHANHASSEN CITY CODE, CONCERNING LICENSE AND PERMIT FEES THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a new chapter 4 to read as follows: Chapter 4. LICENSE, PERMIT, AND ADMINISTRATIVE FEES. ARTICLE I. IN GENERAL Sec. 4-1. Policy and Purpose of Chapter. By the enactment of this Chapter, the City Council intends to establish fees for licenses and permits required by the City Code. Sec. 4-2. Application of Chapter. Where a direct conflict exists between the amount of a license or permit fee set by any provision of this Code and a fee set by this Chapter, the fee set by this Chapter applies. ARTICLE II. LICENSE AND OTHER BUSINESS AND PUBLIC SAFETY RELATED FEES. Sec. 4-15. Fees Set. The fees for the various licenses required by this Code are set forth in this section as follows: (a) Liquor License Fees 1. The annual license fee for an on-sale intoxicating liquor license for the license year May 1, 2003 through April 30, 2004 shall be: Floor Area: Floor Area: Floor Area: 2,000 Sq. Ft. 3,000-6,000 or Under Sq. Ft. Over 6,000 Sq. Ft. Restaurant $6,115 $ 9,609 $13,104 Exclusive Liquor $7,862 $11,356 $14,851 Store 2. Various other license fees shall be set as follows: Off-Sale Intoxicating $200.00* Off-Sale Non-Intoxicating On-Sale Non-Intoxicating Sunday Sales Wine/Beer License $ 58.00 $410.00 $200.00* $410.00 *Fees that are established by state statute. 3. The fee to conduct a background investigation on new liquor license applications shall be $250. (b) Waste Hauler Fee: $300.00 per company annually (c) Peddler, Solicitor or Transient Merchant Registration Fee 1. $25.00 per person 2. $50.00 per non-profit organization (d) Private Kennel Fees: $25.00 (e) Dog and Cat License Fees Spayed or Neutered Non-Spayed or Neutered Dog $6.00 $10.00 Cat $1.50 $ 3.00 (f) Rental Licensing Fees 1. One Family Dwelling 2. Two Family Dwelling 3. Condominium Dwelling Unit 4. Three or More Family Dwelling $50.00 $50.00 per rental unit $50.00 per rental unit $50.00 per rental unit (g) Fireworks License Fee: $200.00 annually. (h) Vehicle Lockout Services: $50.00 per incident. ARTICLE III. PERMIT AND ADMINISTRATIVE FEES Section 4-30. The fees and charges for the various permits required by this Code are set forth as follows: (a) Building Permit and Fire Prevention Fees Building permit fees shall be as set forth in Table 1-A. When submittal of plans is required, and the valuation is more than $3,000.00, a plan review fee equal to 65% of the permit fee, shall also be charged. 2 2. Individual Sewage Treatment System permit fees shall be as set forth in Table I-A. When submittal of plans is required, a plan review fee equal to 65% of the permit fee shall also be charged. 3. Fire suppression and fire alarm permit fees, and fees for other construction permits issued in accordance with the Minnesota State Fire Code, shall be as set forth in Table 1-A. When submittal of plans is required, a plan review fee equal to 10% of the permit fee shall also be charged. TABLE 1-A TOTAL VALUATION $1.00 to $500.00 $501.00 to $2,000.00 $2001.00 to $25,000.00 $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 $500,001.00 to $1,000,000.00 $1,000,001.00 and up FEE $23.50 $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $5,608.75 for the first $1,000,000.00 plus $3.65 for each additional $1,000.00, or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours ............................................... $47.00 per houri (minimum charge - two hours) 2. Reinspection fees ..................................................................... $47.00 per hour~ 3. Inspections for which no fee is specifically indicated ......................................... $47.00 per hour~ (minimum charge - one-half hour) 4. Additional plan review required by changes, additions or revisions to plans ....................... $47.00 per hour~ (minimum charge - one-half hour) 5. For use of outside consultants for plan checking and inspections, or both ........................ Actual costs2 ~Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. 2Actual costs include administrative and overhead costs. HVAC (heating, ventilation & air conditioning), mechanical, plumbing and gas piping permit fees shall be as set forth in Table I-B. When submittal of plans is required, a plan review fee equal to 10% of the permit fee shall also be charged. Table 1-B VALUATION FEE $0 to $1,000.00 3% of valuation, minimum $30.00 $1,001.00 to $10,000.00 $30.00 for the first $1,000.00 plus 2.25% of the valuation over $1,000.00 $10,001.00 to $50,000.00 $232.50 for the first $10,000.00 plus 1.75 % of the Ivaluation over $10,000.00 valuation over $50,000.00 $50,001.00 and up $932.50 tbr the first $50,000.00 plus 1.5% of the 5. Industrial heating equipment permit fees shall be as set forth in Table I-C. TABLE 1-C VALUATION FEE $0 to $50,000.00 1.2% of valuation, minimum $30.00 $50,000 to $250,000.00 $600.00 for the first $50,000.00 plus .4% of the valuation over $50,000.00 $250,001.00 to $500,000.00 $1,400.00 for the first $250,000.00 plus .3% of the valuation over $250,000.00 $500,001.00 to $750,000.00 $2,150.00 for the first $500,000.00 plus .2% of the valuation over $500,000.00 $750,001.00 and up $2,650.00 for the first $750,000.00 plus. 1% of the valuation over $750,000.00 6. Fees for other inspections and services shall be as set forth in Table 1-A. (b) Development Review Fees Comprehensive Plan Amendment a) Land Use Amendment b) Minor MUSA line for failing on-site sewers $600.00 $100.00 ° Conditional Use Permit (Does not include site plan review) a) Single family residence $325.00 b) All others $425.00 ° Grading Permits a) Under 50 cubic yards NA b) 50-1000 cubic yards Actual $50.00) c) Over 1000 cubic yards - processed as Interim Use Permit Cost ° Interim Use Permit a) Single family residence $325.00 b) All others $425.00 ° Notification Signs a) Rental $ 75.00 b) Damage deposit $100.00 o Planned Unit DevelopmenffRezoning a) Major Amendment b) Minor Amendment $750.00 $100.00 (minimum 4 7. Rezoning $500.00 Sign Permit a) Permanent b) Temporary $ 75.00 $ 35.0O 9. Sign Plan Review $150.00 10. Site Plan Review a) Commercial/industrial districts square feet of b) Residential districts c) Administrative $500.00 + $10.00 per 1,000 building area $500.00 + $5.00 per unit $100.00 11. Subdivision a) Create 3 lots or less b) Create over 3 lots c) Final Plat d) Metes and Bounds Division e) Consolidate lots f) Administrative Subdivision $300.00 $600.00 + $15.00 perlot $250.O0 $300.00 + $50.00 lot $150.00 $150.00 12. Temporary Sales Permit additional inspections. $ 50.00 + $50.00 for 13. Vacation of Right-of-way/Easements $300.00 14. Variance $200.00 15. Wetland Alteration Permit a) Single family residence b) All other uses Monumentation for all wetland buffer strip $150.00 $275.00 $ 20.00 persign 16. Zoning Appeal $100.00 17. Zoning Ordinance Amendment $500.00 18. Filing Fees/Attorney Costs a) Recording Documents b) Recording Plats & Related Documents $ 50.00 per document $45O.OO 19. Consultant Fees developer Cost will be billed to 20. Flood Zone information and written zoning requests. $25.00 All requests must be made in writing (c) Private Development Engineering Fees 1. $300.00 per public street light. Administration Fee in conjunction with the installation of the public improvements in the plat. The fee shall be calculated as follows: a) if the cost of the construction of public improvements is less than $500,000, three percent (3%) of construction costs; b) if the cost of the construction of public improvements is between $500,000 and $1,000,000, three percent (3%) of construction costs for the first $500,000 and two percent (2%) of construction costs over $500,000; c) if the cost of the construction of public improvements is over $1,000,000, two and one-half percent (21/2%) of construction costs for the first $1,000,000 and one and one-half percent (1V2%) of construction costs over $1,000,000. 3. Surface Water Management Fees (SWMP) - Water Quality and Water Quantity Development Type Water Quality Water Quantity Single-Family Duplex designation School/Church designation Townhome designation Apartment/High Density Medium Density Industrial Commercial Parks/Open Space $ 949.00/Acre $1,033.00/Acre $1,772.00/Acre $1,814.00/Acre $1,945.00/Acre based on development type $5,494.00/Acre $7,008.00/Acre based on development type $2,348.00/Acre based on land use based on land use based on land use $5,171.00/Acre $3,528.00/Acre $5,171.00/Acre $5,171.00/Acre $1,411.00/Acre Fees are based on the developable land. Undeveloped areas (wetlands), public parks, and existing development are exempt from the fees. 4. 2003 Park Fees (varies with land use) - 100% of the fees are paid at time of final plat. Park Dedication Fees: Single-Family/Duplex Multi-Family/Apartment units Commercial/Industrial $2,400.00/dwelling $2,000.00/dwelling $7,000.00/acre o Sewer and Water Hook-up Fees (area trunk fees) for 2003. Fee is paid at time of building permit. Note: Some parcels may have been previously assessed hook-up fees. Hook-up fees are based on the number of Sanitary Access Charge (SAC) units assigned by Metropolitan Council for office or Industrial/Commercial buildings. Residential hook-up fees are based per unit. Sanitary Sewer Water SAC $1,440.00/unit-(Lake Ann Interceptor- $1,100.00/unit and Subtrunk $902.00/unit)* $1,876.00/unit $1,275.00/unit ($1,200.00 to Metropolitan Council & $75.00 city surcharge) *Parcels within the Lake Ann sewer district will be subject to the Lake Ann Trunk sewer fees in addition to the sewer hook-up fees. o Site Inspection for Private Developments - The City hires consultant inspectors at an average of 20 hours/week @$80.00/hour. This is over and above what the Developer is required to provide per Development Contract. ° G.I.S Fees - $25.00/Plat, $10.00/parcel, and $5.00 surcharge if the plat does not contain at least two section comers or quarters and the length and bearing between them. (d) Park & Recreation Fees 1. Group Picnic Reservation Fees Mon.- Thurs. Lake Susan Shelter Adjusted Current Price Resident $90 Non-Resident $200 District 112/276 $45 All Other School Districts $100 Chanhassen Businesses $115 Non-Chanhassen Business $250 Fri.-Sun. +10% $1oo $220 $50 SilO $125 $275 Mon.- Thurs. Fri. - Sun Lake Ann Pavilion Price + 10% Resident $100 $110 Non-Resident $220 $240 bistrict 112/276 $70 $75 All Other School Districts $150 $165 Chanhassen Businesses $130 $145 Non-Chanhassen Business $280 $305 Mon.- Thurs. Fri. - Sun. Lake Ann Adjusted Current +10% Parkview/Lakeside Price 7 Resident $45 $50 Non-Resident $100 $110 District 112/276 $25 $30 All Other School Districts $50 $55 Chanhassen Businesses $60 $65 Non-Chanhassen Business $130 $145 o Recreation Center Fees: Punch Cards: Resident Non-Resident $2.50 per punch $3.00 per punch Rate/Hour Facility Resident Non-Resident Gym $40 $50 Community Room w/kitchen $15 $20 Community Room w/carpet $15 $20 Conference Room $15 $20 Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 10th day of November, 2003, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on 9 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO. __, AN ORDINANCE AMENDING CHAPTER 4 OF THE CHANHASSEN CITY CODE BY ADDING LICENSE, PERMIT, AND ADMINISTRATIVE FEES. The purpose of this code amendment is to consolidate and adopt existing license, permit and administrative fees by ordinance and to comply with Minnesota Statutes, § 462.353, subd. 4. A printed copy of Ordinance No. __ is available for inspection by any person during regular office hours at the office of the City Manager/Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 10th day of November 2003, by the City Council of the City of Chanhassen. CITY OF CHANHASSEN BY: Thomas A. Furlong, Mayor AND Todd Gerhardt, City Manager/Clerk (Published in the Chanhassen Villager on ). 10