3. Storm Water Utility Ordinance II 3
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1 CHANHASSEN
I 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
A
I MENDRANDUM Please bring your copy of the
surface water management utility
1O: In Ashworth, City Manager final report to the meeting or *00'11A' �r st!2f P
II FROM: Gary Warren, City Engineer . see Kim Meuwissen if you need � �, V
another copy.
DATE: August 22, 1990 Re;-:! __
IISUBJ: Public Hearing for Surface Water Management Utility District;
Adopt Surface Water Management Utility Ordinance
1 File No. PW207 — L�_ :411=5.1_1'. '0 1.0 filet
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1 This is a public hearing to receive comments on the City's proposed surface
water management utility district and the attached proposed ordinance amending
the City Code to establish the surface water management utility. As Council
will recall, this process began in March of this year and has included two work
1 sessions and two Council meetings. A separate public information meeting was
also held for input from the public. The final report for financing storm water
projects using the surface water management utility was accepted by the Council
1 on August 13, 1990 and the adoption of the attached ordinance and City policy is
the last step in implementing this utility.
II The final report dated August 3, 1990 which was accepted by the Council
summarizes the proposed rate structure for the utility and the attached City
policy further defines the implementation process. I believe the rate structure
and policy accurately reflect the input received through the course of this
1 process. As noted in the policy statement, some credits are eligible such as
for low income hardship cases and those agricultural parcels which can verify
implementation of agricultural conservation programs consistent with Soil
1 Conservation Service (SCS) criteria. Up to an 80% credit is possible for
agricultural property if a conservation program is implemented which will meet
the soil tolerance levels as established by the SCS.
II After the close of the public hearing it would be appropriate for the City
Council to adopt the attached ordinance amending Chapter 19 of the Chanhassen
City Code by adding an article establishing a surface water management utility
1 and further adopt the attached City policy for managing the Chanhassen surface
water utility. A 3/5 vote is necessary to adopt the amendment to the ordinance.
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Attachments: 1. Surface water management utility ordinance.
2. City policy.
Ic: Mark Lobermeier, SEH
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES , MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 19 OF THE
CHANHASSEN CITY CODE BY ADDING AN ARTICLE
ESTABLISHING A SURFACE WATER MANAGEMENT UTILITY
The City Council of the City of Chanhassen ordains:
' Section 1. Chapter 19 of the Chanhassen City Code is amended
by adding Article VII To read as follows:
ARTICLE VII.
SURFACE WATER MANAGEMENT
Sec. 19-140. Surface Water Management Utility Established.
Surface water management shall be operated as a public
' utility pursuant to Minn. Stat. § 444 .075 .
Sec. 19-141. Definitions.
' The following words, terms , and phrases , when used in this
Chapter , shall have the meaning ascribed to them in this section,
except where the context clearly indicates a different meaning.
' Surface Water Management Budget is the annual budget approved
by the City Council for surface water management including
planning, engineering, monitoring, capital expenditures ,
personnel, and equipment.
Surface Water Management Fee means the quarterly charge for
' each parcel of non-exempt property in the City for the
management of surface water .
' Utility Factor means the ratio of runoff volume, in inches ,
for a particular land use, to the runoff volume, in inches,
for a 1/3 acre residential lot, assuming a 2" rainfall and
Soil Conservation Service (SCS) "Type B" soil conditions.
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Sec. 19-142. Surface Water Management Fees.
' A. The utility factors for various land uses are as follows:
Classification Land Use Utility Factor
1 Rural Residential
( 2-1/2 acre lots ) 0. 21
' 2 Single Family Residential
( 1/3 acre lots ) 1. 00
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Classification Land Use Utility Factor I
3 Low and Medium Density
Residential 2. 24
4 High Denisty Residential ,
Industrial , Office, Insti-
tutions (Churches , Schools ,
Government Building , Hospitals ) 3. 34
5 Business/Commercial 4. 28 ,
6 Agricultural 0 .03
7 Undeveloped 0. 03
8 Parks , Cemeteries , Golf
Courses , Arboretum 0.45
9 Parking Lots as a Principal Use 6 .14
The Surface Water Management Fee shall be calculated by first
determining the percentage of total runoff in the City which is
attributed to Single Family Residential property. The Fee per
acre for Single Family Residential is computed by equating the
runoff percentage to an equal percentage of one-quarter (1/4 ) of
the annual Surface Water Management Budget, divided by the
estimated total acres of Single Family Residential land use in
the City.
B. The per acre Fee for all individual parcels shall be I
defined as the product of the Single Family Residential Fee, the
appropriate utility factor based on land use and the total
acreage of the parcel with the exception that 1/3 acre shall be
used for each Single Family Residential lot and 2-1/2 acres shall
be used for each Rural Residential lot when calculating the fee
for their land uses.
Sec. 19-143. Credits.
The City Council may adopt policies for adjustment of the
surface water management fees. Information to justify a fee
adjustment must be supplied by the property owner. Adjustment of
fees shall not be retroactive. '
Sec. 19-144. Exemptions.
The following land uses are exempt from the surface water 1
management fee:
a ) Public Right-of-Way
b) Lakes
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11 Sec. 19-145. Payment of Fee.
Surface water management fees shall be invoiced quarterly.
' The amount due as shown on the invoice shall be payable on or
before the 20th 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.
Sec. 19-146. Appeal of Fee.
If a property owner or person responsible for paying the
surface water management 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 .
' Sec. 19-147. Certification of Delinquent Fees.
If a surface water management 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 .
' Sec. 19-148. Surface Water Management Fund.
A separate fund shall be maintained for surface water
' management fees and expenditures .
Section 2. This ordinance shall be effective immediately
upon its passage and publication.
day of PASSED AND ADOPTED by the Chanhassen City Council this
, 1990 .
' ATTEST:
Don Ashworth, Clerk/Manager Donald J. Chmiel, Mayor
' (Published in the Chanhassen Villager on . , 1990. )
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POLICY STATEMENT I/
FOR
CITY OF CHANHASSEN
SURFACE WATER MANAGEMENT UTILITY
I. Policy Statement
All properties within the City of Chanhassen shall 1
contribute to the Surface Water Management Utility in an
amount proportional to the runoff contributed by each
particular parcel .
II. Exemptions
(a) Agricultural Land - Agricultural (tilled) land will be
charged a flat rate of $0 .50 per acre per quarter .
(b) Undeveloped Lands - Undeveloped lands, or land in a '
natural undisturbed condition will be charged the rate
of $0 . 50 per acre per quarter .
(c) Street and Highway Right-of-Way - Street and highway
right-of-way shall be exempt from all charges.
(d) Lakes - Lakes listed by the Minnesota Department of ,
Natural Resources as Natural Environment Waters ,
Recreational Development Waters or General Development
Waters shall be exempt from all charges .
III. Fee Basis
(a) Land Use - Land use for determining surface water
management fees shall be the existing land use at the
date of enactment of the Surface Water Management
Ordinance. As land is developed, or redeveloped, the
fees will be recomputed based on the revised land use.
(b) Soils - Soil Conservation Service (SCS)-Type B soils '
shall be assumed for determining the runoff index (CN)
in the revenue equation.
(c) Rainfall (P) - A 2" rainfall will be used on the I
revenue equation.
(d) Runoff Indices (CN) - The runoff indices for the
property classifications are as follows:
Classification Land Use Runoff Index (CN) I
1 Rural Residential
( 2-1/2 acre lot) 60 '
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11 Classification Land Use Runoff Index (CN)
2 Single-Family Residential
' ( 1/3 acre lot ) 72
3 Low and Medium Denisty
' Residential (as defined in
Comprehensive Guide Plan ) 82
4 High Density Residential ,
Industrial , Office and
Institutions (Churches ,
Schools , Government
Buildings , Hospitals ) 88
5 Business/Commerical 92
' 6 Agricultural
7 Undeveloped
8 Parks , Cemeteries, Golf
Courses , Arboretum 65
' 9 Parking Lots as a principal use 98
' *Curve number not applicable because fee established as
fixed rate, i .e. $0 .50/acre.
(e) Revenue Equation - The revenue equation for computing
' the runoff volume (Q) shall be based on the runoff
equation in the Soil Conservation Service (SCS)
National Engineering Handbook Section 4 - Hydrology.
The equation is as follows:
Q = (P-0 . 2S)2 where S=(1000/CN)-10
' P+0 . 8S and P=2"
IV. Credits
Surface water management fees may be adjusted under the
conditions stated below. It shall be the responsibility of
the property owner to provide justification for the fee
adjustment. Credits must be applied for by October 31st of
the year preceeding the year in which the credit is to be
considered.
' (a) Storm Water Retention - If it can be demonstrated that
an individual parcel retains all or a portion of the
rainfall that it receives in excess of the runoff
index, the surface water management fee will be reduced
by a percentage equal to that percent of the parcel
which produces no external runoff. A fee reduction of
11 20% or greater must be demonstrated in order to receive
this credit.
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(b) Low Income - The surface water management fee will be I
waived for any parcel where the aggregate income of the
property owner (s ) is below the "poverty line" for the
year prior to issuance of any charges. This credit
must be applied for each year. "Poverty line" means
the official poverty line defined by the Office of
Management and Budget based on Bureau of Census data
[ 42 U.S.C. 9902 (2) ] .
(c) Agricultural Conservation Program - A fifty percent
reduction will be granted to the owner of agricultural
lands if the land owner has a conservation program
filed with the United States Department of Agriculture
Soil Conservation Service (SCS) , or County Soil and
Water Conservation District. To qualify for the
credit, implementation of conservation programs must be
verified by the SCS.
The surface water management fee will be reduced eighty
percent if a conservation program is implemented which
will meet the soil tolerance levels as established by
the SCS. The credit must be applied for each year.
V. Adjustment of Fees 1
Surface water management fees will be adjusted under the
following conditions:
(a) Revision of Surface Water Management Fees - The
estimated fees for the management of surface water may
be periodically revised by the City Council as a part
of the adoption of the annual budget. The fees will be
adjusted accordingly to adequately fund the surface
water management budget. ,
(b) Change in Developed Condition of Parcel - As land is
developed or redeveloped, the fees shall be recomputed
based on the revised land use.
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