CITY OF ISANTI
ORDINANCE NO. 569
AN ORDINANCE ESTABLISHING A STORM WATER DRAINAGE UTILITY
THE CITY COUNCIL OF THE CITY OF ISANTI DOES ORDAIN:
SECTION 1. Findings and Purposes.
Subd. 1 The purpose of this Ordinance is to establish a storm water drainage utility to collect charges to finance costs associated with the operation and maintenance of the Citys storm sewer system, implementation of mandated storm water management programs, and assist in funding storm water system improvements. It has been further established that the storm water drainage utility will not be established for the purpose of financing past debt or generating a return on investment for the City.
SECTION 2. Storm Water Drainage Utility Established. A municipal storm water utility is hereby established and shall be operated as a public utility pursuant to Minnesota Statutes Section 444.075 from which revenues will be derived subject to the provisions of this Chapter and Minnesota Statutes.
SECTION 3. Definitions. Unless the context clearly indicates otherwise, the following words or phrases have the meanings given in this Subdivision.
A. Construction. Construction shall mean the improvements to the storm water system in areas not previously served with lateral and trunk lines.
B. Maintenance. Maintenance shall include direct and indirect costs as well as equipment costs for repairs and cleaning. Cleaning includes catch basin and storm water pond cleaning, jetting, thawing pipes, street sweeping and any other operation which assures a dependable drainage system. It shall also include the Citys administrative and contracted services costs.
C. Reconstruction. Reconstruction shall mean the improvements made to the storm water drainage system in areas previously served with lateral and trunk lines, and storm water basins.
D. Administrative. Administrative costs include all engineering and legal costs associated with operation of the storm water drainage utility system. Also included shall be periodic planning & engineering studies which shall determine the adequacy and condition of the storm water drainage system.
E. Developed Land: The term developed land is land which has been platted. Undeveloped land is any land which has not been platted.
SECTION 4. Calculation of Fee
Subd. 1 Equivalent Residential Unit. Rates and charges for the use and availability of the storm water drainage system are to be determined through the use of an Equivalent Residential Unit (ERU). One ERU is defined as the average impervious area of a 100 parcel random sample of R-1 zoned development lots. One ERU was found to equal 3,765 square feet. Calculations for the ERU for each parcel in the City are included in a Storm Water Utility Roll, as prepared by the City Engineer and approved by the City Council; based on land uses listed below in this Section (See Appendix B).
Subd. 2 Storm Water Drainage Fees and Rate. Storm water drainage fees for each land parcel shall be determined in accordance with the Storm Water Utility Roll. The storm water rate (ERU) shall be evaluated on an annual basis in the same manner as for other utilities and adopted by the City Council (See Appendix A). The ERU values for the various land uses are as follows:
A. Residential Lots. Developed Residential Lots shall be assigned 1.0 ERU.
B. Non-Residential Lots. Non-Residential Lot ERU shall be calculated by measuring the actual impervious area on said lot divided by 3,765 square feet (1 ERU) with a minimum value of 0.25 REU to be assigned to any single parcel.
C. Undeveloped Land. Undeveloped Commercial and Industrial
Land shall be calculated at 0.15 ERU per acre of undeveloped land with a minimum value of 0.25 ERU to be assigned to any single parcel.
D. Undeveloped Platted Residential Lots. Each Undeveloped Platted Residentil lot shall be assigned a value of 0.25 ERU.
Subd. 3. Other Land Uses. Other uses not listed in this subdivision shall be classified by the City Engineer assigning them to the most similar class from the standpoint of probable hydrologic response.
Subd. 4. Exemptions. Public rights-of-ways, and public waters shall be exempt from storm water utility fees.
SECTION 5. Billing and Payment. Storm water utility charges shall be computed and billed periodically with, and included as a charge on, bills issued on behalf of the City for water and sewer services. If a parcel of land subject to the storm water utility is not served by other utilities, a separate bill shall be issued on a monthly or other periodic basis, at least once a year.
Subd. 1 Penalties and Remedies for Delinquencies. All storm water utility charges shall be due on the date specified by the City for the respective amount and shall be delinquent thereafter. Unpaid bills shall accrue interest at the rate of 1.5% per month with a minimum penalty of $5.00 for unpaid balances over $10.00. The late charge will be added to the bill effective the fifth day after the date of the statement for such charges is issued (the due date). Payment Plans for delinquent accounts shall be in accordance with City Code Chapter 325-4 (F).
Pursuant to Minn. Stat. Section 444.075, the Finance Director shall prepare an assessment roll each year providing for assessment of any delinquent accounts against the respective properties served. The assessment roll shall be delivered to the Council for adoption on or before the regular City Council meeting in November of each year for certification to the County Auditor for collection along with taxes. The City shall also have the right to bring a civil action or to take other legal remedies to collect unpaid delinquent accounts.
SECTION 6. Appeal. If a property owner or person responsible for paying for the storm water utility fee believes that a particular assigned fee or ERU is incorrect, such person may request, in writing, that the fee or ERU be recalculated. Such request shall be made within thirty (30) days of the mailing of the billing in question, and shall immediately be addressed by the Finance Director or City Engineer, as appropriate. If the property owner is not in agreement with the Citys staffs determination of the fee, he or she may appeal the determination in writing by making a request for a hearing to the City Council within fourteen (14) days of the Staffs determination.
Subd. 1 Hearing. A hearing before the City Council shall be scheduled to occur within forty five (45) days of receiving the property owners request for a hearing. Notice of the hearing must be served on the property owner at least fourteen (14) days in advance. Service of the Notice shall be by first class mail and will be complete upon mailing. The property owner shall have the burden of proving that the storm water utility fee for his or her property is incorrect. The decision of the City Council is final without any further right of appeal. The property owner may obtain judicial review of the decision of the City Council by proceeding pursuant to a writ of certiorari in the appropriate court.
SECTION 7. Establishment of Fund. All fees collected for the storm water utility shall be placed in a fund for storm water purposes. Revenues shall be used to pay for: 1) the construction, reconstruction, repair, enlargement, improvement of facilities, 2) permit and regulatory, requirements, programs and studies, and 3) the maintenance, operation and use of the facilities including equipment, and all other purposes as permitted by Minnesota Statutes Section 444.075.
SECTION 8. Severability Clause. Should any section, subdivision, clause or other provision of this ordinance be held to be invalid by any Court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part held to be invalid.
SECTION 9. Inconsistencies. To the extent that any provisions of this Ordinance are inconsistent with the provisions of previous ordinances or resolutions, this Ordinance controls.
SECTION 10. Passage and Publication. This Ordinance shall take full effect and be in full force from and after January 1, 2014.
Passed and adopted by the City Council of the City of Isanti this 19th day of November, 2013. George A. Wimmer, Mayor
ATTEST: Donald C. Lorsung
City Administrator/City Clerk
Published in the
Isanti County News
November 27, 2013
CITY OF ISANTI