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Home My WebLink About0821 Ord (Storm Water Drainage) . . . ORDINANCE NO. 821 AN ORDINANCE ADDING CHAPTER 34 TO THE CITY CODE OF THE CITY OF STILL WATER ESTABLISHING A STORM WATER DRAINAGE UTILITY THE CITY COUNCIL OF THE CITY OF STILLWATER DOES HEREBY ORDAIN: The City Code of the City of Stillwater is amended by adding a new Chapter 34 to read as follows: CHAPTER 34 STORM WATER DRAINAGE UTILITY Subd. 1. STORM WATER DRAINAGE UTILITY ESTABLISHED. a. The municipal storm sewer system will be operated as a public utility pursuant to Minn. Stat. Section 444.075 from which revenues will be derived subject to the provisions of this Chapter and Minnesota Statutes. The Storm Water Drainage Utility will be part of the public works department and under the administration of the City Engineer. b. The Storm Water Utility is established for the purpose of funding necessary repairs and improvements to the storm water system of the City, including its pipes, manholes, ponds, drainage swales and easements. c. The funds accumulated by the City in the Storm Water Drainage Utility must be kept and maintained in a fund dedicated for the purposes for which it is collected and, in the event that the Storm Water Utility is rescinded, any sums accumulated in the Storm Water Utility Fund must be used only for purposes consistent with the purposes for which it was collected. Subd. 2. DEFINITIONS. 1. RUNOFF POTENTIAL (RP). Runoff potential will be determined by a formula that relates a runoff coefficient (which quantifies the amount of impervious surface and the rate of infiltration) with the Rainfall Intensity Index (which quantifies the rate of runoff of a 2" rainfall event). 2. BASE CHARGE (BC). An amount determined by the City Council, by Resolution, as the rate for each single family unit or acre. . . . 3. STORM WATER DRAINAGE FEES. Storni water drainage fees for parcels of land will be determined by multiplying the Runoff Potential (RP) for a parcel by the parcel's area and then multiplying the resulting product by the storm water base charge (BC). The RP values and the BC for various land uses are as follows: Land Uses Single family and duplex residential RP BC 3.00 1 per dwelling 8.00 1 per unit 12.00 12 per acre 16.00 16 per acre Multiple family residential Commercial, Industrial Central Business District Public and private schools, government buildings and other institutions 6.00 6 per acre Cemeteries, golf courses and other active open space 1.00 1 per acre Vacant land 0.00 For the purpose of calculating storm water drainage fees, all developed one family and duplex parcels will be considered td have an acreage of one-third (1/3) acre. 4. CREDITS. The Council may adopt policies recommended by the City Engineer, by resolution, for adjustment of the storm water drainage fee for parcels based upon hydrologic data supplied by property owners that demonstrates a hydrologic response substantially different from City standards. Adjustments of storm water drainage fees may not be made retroactively. 5. EXEMPTIONS. The following land uses are exempt from storm water drainage fees: a. public rights of way; and b. vacant, unimproved land with ground cover. 6. PAYMENT OF FEE. Statements for storm water drainage fees will be computed every three (3) months and invoiced by the finance department for each account at the end of the first month of the quarter. The statement is due upon receipt. Any prepayment or overpayment of charges will be retained by the City and applied against subsequent quarterly fees. 7. RECALCULATION OF FEE. If a property owner or person responsible for paying the storm water drainage fee questions the correctness of an invoice for the charge, the person may have the determination of the charge recomputed by written request to the City Engineer made within twelve (12) months of mailing of the invoice in question by the City. PENALTY FOR LATE PAYMENT. Each quarterly billing for storm water drainage fees not paid within seventy (70) days of being due, will incur a penalty charge of ten and no/lOO dollars ($10.00). 8. . . . 9. CERTIFICATION OF PAST DUE FEES ON TAXES. Any past due storm water drainage fees and penalty charges in excess of ninety (90) days past due on October 1 of any year may be certified to the County Auditor for collection with real estate taxes in the following year pursuant to Minn. Stat. Section 444.075, Subdivision 3. In addition, the City may also bring a civil action or take other legal remedies to collect unpaid fees. This Ordinance shall be in full force and effect from and after its passage and publication. PASSED by the City Council of the City of Stillwater this 19 th day of Ma rc f1 ,1996. CITY OF STILL WATER ~ laY~Or ATTEST: m~6J~ MOrli(Weldon, Clerk Published: Stillwater Gazette March 29, 1996 AFFIDAVIT of PUBLICATION State of Minnesota, ) ) ss. County of Washington ) ~tilltuater <fbening ~a?ette PO Box 58, 102 S 2nd St, Stillwater, MN 55082 Phone: 612-439-3130 Fax: 612-439-4713 Mike Mahoney, being duly swom, on oath says that he is the Publisher or authorized agent and employee of the publisher of the newspaper known as Stillwater Evening Gazette, and has full knowledge of the facts which are stated. A. The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07 and other applicable laws, as amended. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of typed used in the composition and publication of the notice. abcdefghijklmnopqrstuvwxyz V:'''W'~... DEBRA K. COLBURN ::: i-'::iJt NOTARY PUBLIC - r',:IN:Ji::SOTA . ......:-?:::~;{~l.~ . My Commission Expires Jan^ 31,2000 Subscribed and swom to before me on this . , ~~~ ~ 1lMyt;[({:~-l/!.:J Notary Public ,19 qG Jml# 2443 Date 03-29-96 Business Name 1 of 1 Pages Received Payment ,19 .CiI\I of SIi11.._ 216 N 4th St Still'dater, MN 55082 City of Stil1'dater 216 N 4th St Still'Yi ater , MN 55082 No. of Documents Co!. # of Days Inches Published DescriptionlDates of Publication Unit Rate Total Amount 15.5 1 run 3.500 54.25 ( .' . ..~;~~""'2t.f_ ANO~~~MTO'" . .......... .... ~A8'I'OIUI "'HE <?flY. 'COlJNCf.. OF THE! GfTY OF .$T""l '8CilyCOde-Ofthe~of .Is~ .mWit~1M IDl'88CtasfolleWs: \-'1. 8'fOfIIlI ~LnV \.[.The .....,.. "d . .'. .. . ..... :tSecllon444 ~..",.. ." ...pub/.udlily~~_. and ~., .. The~lIJIiIt.~llUbject1Dlhe~ofltll8 0haJ)1ilt . ~_"*_ "~~cr:=bepartoflhe~~ b.The:Storm Water lJtIIl1f.la ,. ..' ......lhe ~.. of.fl.lndlnt -- -... ,WId ~.the.....__.Of d'leCl!l.I.............. f18..;;.:.,..,.~T .~. .c'......__Ilnd~;.. '. ........,."'7'...........~.~. c.~-'" ~";:"'OIW tn.. Storm .w.. DIlIIInIIt UlIIltr IftUIt be ..... ~ 1ft..... t ~.. t .....,_.fOrWh/llhjtia........tn ......... lhe IlDIm WatIt ~ ",.,....,..... Nn$ ~~lrt..11Dmt WalerUIIIIJ~'" '.1'IIUIt be ...., ..., ... ........ 4lOI vI ts..IC-'Ot&, fII.Il'J>>tu.-"'" it _ ....... Total Amount 54.2~ e ~~::r..=-'wn:::'':=:=.%~Of-=-~)~:: RalnfW1ln~ Inde, (wI1lch .qoanlifies ~ rate of runoff of a r raInfIlII. "",0. . '.. . 2. RASE ~Ii lBC\ An amount determined by the CilyCOuncil. by RelIotuIlon-. as the rate for 'each "'\fw!lily ~or acre. .. . .' 3., ~~WA~~ .~ ~~~ Storm W8IeI' draiJI!lage fees for parcels of lanet will be deterrn\nedby mul1lp1ylng the Runoff PotentieI (RPj for a __ tJr the parcel's area_then !i1ultlplylno 1/tetell.lltlng product by \he storm water base. charge (8(:). ,.... RP valueaand the Be for VlIriousland uses .,.as follows: I p...... Single family and duplex resIcIenliel Multiple family ~tial . Commercial. Industrial Central Business Ollltrlct PubIio.andprivaleachOOls. goWrnriIent buildlnga ando1her inatibJtiona ~.golf CCI!JI'888 OIher aetWeapen space 1.00 1peraere Vacantl.net '. .. . Q.OO" . . '. For. the purpose of calculating storm..... ~ fees. all deveIQped..ont familyan<l'dupie~ ~wiHbec:on~!.fMManaaeageofone-thlrcf(~acre.> ...... . ...... .,/ 4.. CftEQrrs The Council may a40Pt poIlci8s recommerteled by \he City Engineer ..bytesoll.l!iQn.tor adjuatmtnt.of\he storm water ~rainage fee for paqels 'based upon hydi'cllQQic.data~by property owners thatdemonstrates ahydrolgicresponse SU\:Jstentially diff.ertltltfrom CiI:y~. AdIlM!tments ctf storm water drainage fees may not be made ~. 5. :.x~,=~~"=ng tanduses are exempt:from.storm \\IaW~n_"'s; b. VliI'IlaIlt, ut,llmprovedial'l4wlthg~ cover. . '. .. ..' . .. ..... .. PA VUft~ QF flE, Stalements.for storm waterdtalnage fees wiD be computed every \I'lree(3) mont\:ls llI'ld~by~finance ~paru1ierjt.for 8IlCI'i ~ . !he end of the first ~1hof the quarter. The ~t is clue uponreceiPl Any prepayment. overpaymel'lt_~wlH be retairled by the CiI:y and applied against subsequerlt Mrtel\y ..... '. '. , 7. AF('~cu ~OF F~ If.aproperty owner or Il'IllOI'\ AttpOfl8lblefor paying the....... drainage fee ~ the cotI'eClne88. Of an invoice for the~, \he f)efIOIl may-hM the determirllalkin C)f\het;haroe.recomputed by written.. request to lt1, Qity.Engi!'leer made within twelve (12) motlthe of mailing of the intlOice in question IJVtheCi\y. .. .,.. '. . e'~I;1)' ~ V.TE~Av~IIfT~quartetly bUling for -rm-- drainage feesllOtpaid wi 8eWlity(?O) daysOfbeingdue-,wllI incurapenally chal'geofterJ andnaI100clollars ($10.QO). 9. ~~~ICAT~~' P~ST ~F~S QN TA~ Any past due storm water draingefees81ld 1l'fI~ (lharge$ in.~ Of ninety (91)) days past due on 0ctDber 1 Qf any year may be certified to the (fQUrrty Auditor tor collection with .... estate t.aXe1l in the foIowlng year PUfSUIlnt to f4lnn. . Stllt.$eCtlotI 444.075. Subdivision 3; Inlld!lltion. the City m.v alio I)rkig aCiVII aclIonor .. other . ktgaiAtmediea to coIIectunpaldfees. ThIs Ordinanoe lItlaIl, be in fuR fOree and. effect from 81ldafter lt$. passage andf)Ubli<lBllon. ~ASSEOby the CityCounellOfthe CiI:y OfS1lllwattr this 19th4ar Of t.4arch.19M. /\ '. '. ....'.. "ClTVOFSTIU.WAlIR . ~ ~ J..~ Klmblll " L. Kimble, Mayor ATTEST: . . ~MCltiiWeldm Morli Weldon.qlerk Be :t.OO 8.00 12.00 16.00 DC. 1perclwellino 1 per unit 12 per acre 16 per acre &.00 6 per lICI'e . 3f29 I. .(."<;\"".">:"<./ \3