CR 99-146 Ordinance To Amend City Code Storm Sewer Drainage Utility
CITY OF
~
August 11, 1999
NOPKINS
Council Report 99-146
ORDINANCE TO AMEND CITY CODE
STORM SEWER DRAINAGE UTILITY
Proposed Action
Staff recommends approval of the following motion: Move that
Council adopt for first reading Ordinance 99-829 amending
Sections 720.05 and 720.13 of the City Code.
Overview
Recently staff reviewed language in the City's storm sewer
utility ordinance and concluded revisions were necessary to
remove ambiguities, to use terminology in keeping with the
City's land use plan, and to more nearly align the code itself
with historical enforcement practices.
Primary Issues to Consider
. What are the changes?
. What are the impacts?
. Recommendation
Supporting InfoDnation
. Section 720 of City Code
. Ordinance 99-829
~~
James Gessele
Engineering Superintendent
Analysis
.
What are the changes?
In section 720.05 of the Code there are provisions for
classifying land uses. The current Class 8, with land use
defined as "vacant improved and unimproved," applies to
very few parcels in the City. In those cases where it has
been applied since the utility's inception in 1989, a more
apt description of the land use is "Open Space," which
mirrors the language used in the City's Comprehensive Land
Use Plan. A revision suggested here is to change the
terminology and to add a precise definition of open space.
A second change is to provide language to cover how the
City has applied utility fees to Class 3 commercial
properties. In practice the City has charged a REF of 5
to those properties even though the site may be composed
of other land uses, e.g. grassy areas with or without
parking lots. The suggested additional language
memorializes what the City has been practicing to date.
A final change is found in Section 720.13. State owned
properties (e.g. MN/DOT land) are added as an exemption to
utility charges.
.
What are the impacts?
Most of the recommended changes deal with Class 8 land
use. The term "vacant improved and unimproved" land was
one used by Hennepin County Taxation Department back in
1989 and is no longer used. When the City's roster of
parcels by land use was gathered in 1989 in anticipation
of the storm sewer utility, only a handful of parcels fell
under Class 8. Staff at that time removed two properties
from this classification because of obvious error on the
part of the County. The remaining parcels were allowed to
remain in Class 8 with a REF of 0 because they were either
open space in wetlands or state/city owned.
The recommended changes will underscore the City's utility
fee practices to date and will not result in raising fees
for Hopkins property owners.
.
Recommendation
Staff recommends adoption of Ordinance 99-829 for first
reading.
Hopkins City Code
(Rev. ) , 72 0 . 01
Section 720 -' Storm Sewer Drainaqe Utility
720.01 Establishment. The municipal storm sewer system shall be conducted
as a public utility pursuant to M. S. Section 444.075 from which revenues will be
deri ved subj ect to the provisions of this Chapter and said Minnesota Statutes.
The storm water drainage utility shall be part of the Public Works Department and
subject to the administration of the Public Works Director. Just and reasonable
charges for use and availability of storm sewer drainage facilities shall be
calculated and determined pursuant to the terms hereinafter contained based on
expected and typical storm water run off as may be calculated within reasonable
and practical limits with due regard to just and equitable charges as provided
for herein.
720.03 Definitions. Rates and charges for the use and availability of the
utility system shall be determine through the use of a residential equivalent
factor (REF) defined as the ratio of the average volume of run off generated by
one acre of a given land use to the average volume of run off generated by one
acre of typical single family residential land, during a standard one year
rainfall event.
720.05 Storm Water Drainaqe Fees. Storm water drainage fees for parcels of
land shall be determined by multiplying the REF for the parcel's land use
classification by the parcel's acreage and then multiplying the resulting product.
by the storm water drainage rate. The REF values for various land uses are as
follows:
ei
Class
Land Uses
REF
1.
Single family and duplex residential
1
2.
Multiple family residential
3
3.
Commercial and Institutional uses
5
4.
Public and Private schools
1.25
5.
Churches
3
6.
Parks
.25
7.
Golf courses
.25
8.
Vacant improved and unimproved
o
9.
Industrial
5
For the purpose of calculating storm sewer water drainage fees, all developed one
family and duplex residential parcels shall be considered to have an acreage of
one-third acre. The storm water drainage rate shall be as established by
resolution.
Section 720
1
Hopkins City Code
(Rev., 1993), 72 0 . 07
720.07 Other land usaqe. Other land uses not listed in the foregoing table
shall be classified by the Director of Public Works by assigning them to classes
most nearly like the uses, from the standpoint of run off volume for the standard
rainfall event. An appeal of such classification from the determination of the
Director may be made to the City Council.
720.09 Adiustments. The City Council may by resolution adopt policies
providing for the adjustment of charges for parcels based upon land use data
supplied by affected property owners which demonstrates a run off volume for a
standard rainfall event substantially different from the REF being used for such
parcels. Such adjustments for storm water drainage fees shall not be made
retroactively.
720.13 Exemptions. Public street rights-of-way, that part of public
transportation corridors in use for light rail or recreational trails, and vacant
unimproved land with ground cover are exempt from storm water drainage charges.
(Amended Ord. #93-723)
720.15 Payment of fee. Statements for storm water drainage fees shall be
made a part of present utility billing system invoiced through the Finance
Department of the City on a monthly or quarterly basis at the option of said
Finance Department.
.
720.17
paying
person
to the
by the
Recalculation of fee. If a property owner or person responsible for
the storm water drainage fee questions the accuracy of an invoice, such
may have the determination of the charge recalculated by written request
Public Works Director within 60 days following the mailing of the invoice
City.
720.19 Late payment penaltv.
which are not paid when due shall
past due.
Each billing for storm water drainage fees
incur a penalty charge of 10% of the amount
720.21 Establishment of tax lien. Any past due storm water drainage fees
will b~ certified to the County Auditor for collection with real estate taxes in
the following year pursuant to M. S. Section 444.075, Subd. 3 and City of Hopkins
Resolution 82-3039. In addition, the City may have the right to bring a civil
action or take other legal remedies to collect unpaid charges. (Added Ord. No.
89-640)
Section 720
2
CITY OF HOPKINS
Hennepin Connty, Minnesota
.
ORDINANCE 99-829
AN ORDINANCE AMENDING SECTIONS 720.05 & 720.13
OF THE HOPKINS CITY CODE
RELATING TO THE STORM SEWER DRAINAGE UTILITY
THE CITY COUNCIL OF THE CITY OF HOPKINS DOES ORDAIN:
Section 1. The Hopkins City Code Section 720.05 is hereby amended to read as follows:
720.05 Storm Water Drainage Fees. .... The REF values for various land uses are as follows:
Class
8.
Land Uses
Vacant improved and unimpro':cd Open Space
REF
o
Open space shall be defined as vacant unimproved land with ground cover and lying partially or
totally in wetlands.
For the purpose of calculating storm sewer water drainage fees, all developed one family and duplex
residential parcels shall be considered to have an acreage of one-third acre. Commercial or industrial sites
may be composed of multi-land use parcels. In those cases all parcels shall be assigned the highest
applicable REF. The storm water drainage rate shall be as established by resolution.
Section 2.
720.13
The Hopkins City Code Section 720.13 is hereby amended to read as follows:
Exemptions. Public street rights-of-way, that part of public transportation corridors in use
for light rail or recreational trails, and vacant ooimproyed land with groood cover state
owned properties are exempt from storm water drainage charges.
Section 3. This Ordinance is effective on October 5, 1999
First Reading:
Second Reading:
Date of Publication:
Effective Date of Ordinance:
August 17, 1999
September 7, 1999
September 15, 1999
October 5, 1999
Charles D. Redepenning, Mayor
Attest:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date