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ORD 14-21River CITY OF ELK RIVER SHERBURNE COUNTY, MINNESOTA ORDINANCE NO. 0 4- 21 AN ORDINANCE AMENDING CHARTER 78 OF THE CITY CODE OF THE CITY OF ELK RAVER TO ESTABLISH A STORMWATER UTILITY The City Council of the City of Elk River does hereby ordain as follows. Section 1. That Chapter 78 of the City of Elk River Code of Ordinances is amended to add new Article V, Stormwater Utility, as follows: Article V. Stormwater Utility Division 1 Authority, Purpose and Administration Sec. 78 -401 Stormwater Utility Established There is hereby established a public utility to be known as the Stormwater Utility for the City of Elk River. The Stormwater Utility shall be operated as a public utility pursuant to the authority of Minn. Stat. 5 444.075. Stormwater Utility revenues shall be subject to the provisions of this Section and Minn. Stat. § 444.075. Sec. 78 -402 Purpose The purpose of this ordinance is to provide a funding mechanism for the following services: a) The administration, planning, analysis, installation, operation, maintenance, and replacement of public drainage systems. b) The administration, planning, implementation, construction, and maintenance of stormwatet Best Management Practices (BMP's) to reduce the introduction of sediment and other pollutants into local water resources. c) Other education, engineering, inspection, monitoring, testing, and enforcement activities as necessary to maintain compliance with local, state, and federal stormwater requirements. d) Activities necessary to maintain compliance with the National Pollutant Discharge Elimination System (NPDES), Municipal Separate Storm Sewer System (MS4) Permit requirements established by the U.S. Environmental Protection Agency, including preparation, NATURE implementation, and management of a Stormwater Pollution Prevention Plan (SWPPP). Sec. 78 -403 Administration The Stormwater Utility shall be part of the Community Operations and Development Department and shall be administered by the Community Operations and Development Director or their designee. This ordinance shall apply to the entire City of Elk River. Sec. 78 -404 Stormwater Utility Fund There is hereby created a Stormwater Utility Fund into which all fees, when collected, shall be placed. Such monies shall be first used to pay normal, reasonable, and current costs of operating and maintain the city stormwater system and facilities. Division 2 Stormwater Utility Fee Sec. 78 -411 Establishment of Stormwater Utility Fee There shall be collected from every property in the city a Stormwater Utility Fee. Stormwater Utility Fees shall be established by ordinance and shall be collected monthly. Fees shall be based upon the operations of the Stormwater Utility, including an accounting of all monies received and disbursed, together with a working budget estimate of the needs of the utility. Sec. 78 -412 Single Family, Duplex, and Townhome Residential Uses The Stormwater Utility Fee for properties classified as single family, duplex, and townhome residential uses shall be a fixed monthly amount established each year by ordinance. The Stormwater Utility Fee rate shall consider the impact on the public drainage system for properties within urban utility service area and properties outside the urban utility service area relating to the costs associated with the management of the entire public drainage system. Sec. 78 -413 All Other Uses All uses, other than single family, duplex, and townhome residential uses, shall pay a Stormwater Utility Fee based on the acreage of impervious surface on the property, as determined by the city through digitized mapping and /or site plan reviews. The acreage for any properties with impervious surfaces, shall be rounded to the nearest tenth of an acre and not be less than one tenth of an acre. The Stormwater Utility Fee per acre of impervious surface shall be established each year by ordinance. The basis for the fee shall be seven rimes the amount of the urban residential fee reflecting the average residential property consisting of 1/7" of an acre of impervious area. 2 Sec. 78 -414 Stormwater Utility Fee Exemptions The following land uses are exempt from stormwater utility fees: a. Public Rights -of -Way and parks b. Vacant lands with no impervious surface c. Railroad Rights -of -Way Sec. 78 -415 Stormwater Utility Adjustments a) Impervious Surface Area Adjustments. The Community Operations and Development Director, or designee, may adjust the impervious surface acreage for parcels of land (other than single family, duplex, and townhome residential parcels) based on a demonstration that the impervious coverage of such parcel is substantially different than the amount previously calculated. Supporting information, including maps and measurements to justify an adjustment, shall be supplied by the property owner. Administrative adjustments for impervious surface calculation differences, shall be retroactive to the month said deviation is brought to the attention of the city. b) Other adjustments may be applied to parcels of land (other than single family, duplex, and townhome residential parcels) which demonstrate full control and treatment of stormwater on the property. Site information, BMP maintenance records, and hydrologic data must be supplied by the property owner(s) to demonstrate that a fee adjustment is warranted. The maximum reduction for properties demonstrating a property meets all discharge requirements of the current city MS4 permit, without overflows to a public system, shall be up to 30 percent. Sec. 78 -416 Appeal of Stormwater Utility Fee If a property owner or person responsible for paying a Stormwater Utility Fee believes that a particular assigned fee is incorrect, such person may request a recalculation. The City Council shall review and approve recalculations following any appeal and their decision shall be final. Sec. 78 -417 Payment of Fees Statements for Stormwater Utility Fees shall be billed on a monthly basis. All fees shall be subject to established procedures for determining and collecting customer charges. Sec. 78 -418 Late Payment Penalty Each Stormwater Utility Fee billing not paid when due shall incur a penalty charge of 10 percent of the amount past due. 3 Sec. 78 -419 Establishment of Tax Lien Any past due Stormwater Utility Fees will be certified to the County Auditor for collection with real estate taxes against the property served by the utility established in this ordinance for collection as other taxes are collected in the following year pursuant to Minn. Stat. § 444.075, subd. 3, and the City Code of Ordinances. In addition, the city may have the right to bring a civil action or take other legal remedies to collect unpaid fees. Section 2. That this Ordinance shall take effect upon adoption and be published as provided by law. Adopted this 15th day of December, 2014, by the City Council of the City of Elk River, Minnesota. ATTEST: Tina Allard City Clerk 4 '11�4 0�6 JoIL J. Dj tz Mayor AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF SHERBURNE ) Charlene Vold being duly sworn on an oath, states or affirms that they are the Authorized Agent of the newspaper(s) known as: Star News and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B) This Public Notice was printed and pub- lished in said newspaper(s) for 1 succes- sive issues; the first insertion being on 12/20/2014 and the last insertion being on 12/20/2014. By: _ fl J� a^ l Z�}_. Authorized Agent Subscribed and sworn to or affirmed before me on 12/20/2014_ �X Notary Public •c s Rate Information: (l) Lowest classified rate paid by commercial users for comparable space: $23.00 per column inch Ad ID 325871 CITY OF ELK RIVER ORDINANCE NO. 14 -21 AN ORDINANCE AMENDING CHAPTER 78 OF THE CITY CODE OF THE CITY OF ELK RIVER TO ESTABLISH A STORMWATER UTILITY The City Council of the City of Elk River does hereby ordain as follows: Section 1. That Chapter 78 of the City of Elk River Code of Or- dinances is amended to add new Article V, Stormwater Utility, as fol- lows: Article V. Stormwater Utility Division 1 Authority, Purpose and Administration Sec. 78 -401 Stormwater Utility Established There is hereby established a public utility to be known as the Stormwater Utility for the City of Elk River. The Stormwater Utility shall be operated as a public utility pursuant to the authority of Minn. Stat. § 444.075. Stormwater Util- ity revenues shall be subject to the provisions of this Section and Minn. Stat, § 444.075. Sec. 78 -402 Purpose The purpose of this ordinance is to provide a funding mechanism for the following services: a) The administration, planning, analysis, installation, operation, maintenance, and replacement of public drainage systems. b) The administration, planning, implementation, construction, and maintenance of stormwater Best Management Practices (BMP's) to reduce the introduction of sedi- ment and other pollutants into local water resources. c) Other education, engineering, inspection, monitoring, testing, and enforcement activities as neces- sary to maintain compliance with local, state, and federal stormwater requirements. d) Activities necessary to main- tain compliance with the National Pollutant Discharge Elimination System (NPDES), Municipal Sepa- rate Storm Sewer System (MS4) Permit requirements established by the U.S. Environmental Protec- tion Agency, including preparation, implementation, and management of a Stormwater Pollution Preven- tion Plan (SWPPP). Sec. 78-403 Administration The Stormwater Utility shall be part of the Community Operations and Development Department and shall be administered by the Com- munity Operations and Develop- ment Director or their designee. This ordinance shall apply to the entire City of Elk River. Sec. 78 -404 Stormwater Utility Fund There is hereby created a Stormwater Utility Fund into which all fees, when collected, shall be placed_ Such monies shall be first used to pay normal, reasonable, and current costs of operating and maintain the city stormwater sys- tem and facilities. Division 2 Stormwater Utility Fee Sec_ 76 -411 Establishment of Stormwater Utility Fee There shall be collected from every property in the city a Storm- water Utility Fee. Stormwater Util- ity Fees shall be established by ordinance and shall be collected monthly. Fees shall be based upon the operations of the Stormwater Utility, including an accounting of all monies received and disbursed, together with a working budget es- timate of the needs of the utility. Sec. 78-412 Single Family, Du- plex, and Townhome Residential Uses The Stormwater Utility Fee for properties classified as single fam- ily, duplex, and townhome residen- tial uses shall be a fixed monthly amount established each year by ordinance. The Stormwater Utility Fee rate shall consider the impact on the public drainage system for properties within urban utility ser- vice area and properties outside the urban utility service area relat- ing to the costs associated with the management of the entire public drainage system. Sec. 78 -413 All Other Uses All uses, other than single family, duplex, and townhome residential uses, shall pay a Stormwater Utility Fee based on the acreage of imper- vious surface on the property, as determined by the city through digi- tized mapping and /or site plan re- views. The acreage for any proper- ties with impervious surfaces, shall be rounded to the nearest tenth of an acre and not be less than one tenth of an acre. The Stormwater Utility Fee per acre of impervious surface shall be established each year by ordinance. The basis for the fee shall be seven times the amount of the urban residential fee reflecting the average residential property consisting of 1/7th of an acre of impervious area. Sec. 78-414 Stormwater Utility Fee Exemptions The following land uses are ex- empt from stormwater utility fees: a. Public Rights -of -Way and parks b. Vacant lands with no impervi- ous surface C. Railroad Rights -of -Way Sec. 78-415 Stormwater Utility Adjustments a) Impervious Surface Area Ad- justments. The Community Opera- tions and Development Director, or designee, may adjust the impervi- ous surface acreage for parcels of land (other than single family, duplex, and townhome residential parcels) based on a demonstra- tion that the impervious coverage of such parcel is substantially dif- ferent than the amount previously calculated. Supporting information, including maps and measurements to justify an adjustment, shall be supplied by the property owner. Administrative adjustments for im- pervious surface calculation ditr- ences, shall be retroactive to the month said deviation is brought to the attention of the city. b) Other adjustments may be applied to parcels of land (other than single family, duplex, and townhome residential parcels) which demonstrate full control and treatment of stormwater on the property. Site information, BMP maintenance records, and hydro- logic data must be supplied by the property owner(s) to demonstrate that a fee adjustment is warranted. The maximum reduction for prop- erties demonstrating a property meets all discharge requirements of the current city MS4 permit, with- out overflows to a public system, shall be up to 30 percent, Sec. 78 -416 Appeal of Storm- water Utility Fee If a property owner or person re- sponsible for paying a Stormwater Utility Fee believes that a particu- lar assigned fee is incorrect, such person may request a recalculation. The City Council shall review and approve recalculations following any appeal and their decision shall be final. Sec. 78 -417 Payment of Fees Statements for Stormwater Util- ity Fees shall be billed on a monthly basis. All fees shall be subject to established procedures for deter- mining and collecting customer charges. Sec. 78-418 Late Payment Pen- alty Each Stormwater Utility Fee bill- ing not paid when due shall incur a penalty charge of 10 percent of the amount past due. Sec. 78-419 Establishment of Tax Lien Any past due Stormwater Utility Fees will be certified to the County Auditor for collection with real es- tate taxes against the property served by the utility established in this ordinance for collection as other taxes are collected in the fol- lowing year pursuant to Minn. Stat. § 444.075, subd. 3, and the City Code of Ordinances. In addition, the city may have the right to bring a civil action or take other legal remedies to collect unpaid fees, Section 2. That this Ordinance shall take effect upon adoption and be published as provided by law. Adopted this 15th day of De- cember, 2014, by the City Council of the City of Elk River, Minnesota. John J. Dietz Mayor ATTEST: Tina Allard City Clerk Published in the Star News December 20, 2014 326871