[Adopted 11-19-2013 by Ord. No. 569]
The purpose of this article is to establish a stormwater drainage
utility to collect charges to finance costs associated with the operation
and maintenance of the City's storm sewer system, and implementation
of mandated stormwater management programs and to assist in funding
stormwater system improvements. It has been further established that
the stormwater drainage utility will not be established for the purpose
of financing past debt or generating a return on investment for the
City.
A municipal stormwater utility is hereby established and shall
be operated as a public utility pursuant to Minn. Stat. § 444.075,
from which revenues will be derived subject to the provisions of this
article and Minnesota Statutes.
Unless the context clearly indicates otherwise, the following
words or phrases have the meanings given in this section:
CONSTRUCTION
The improvements to the stormwater system in areas not previously
served with lateral and trunk lines.
MAINTENANCE
Includes direct and indirect costs as well as equipment costs
for repairs and cleaning. Cleaning includes catch basin and stormwater
pond cleaning, jetting, thawing pipes, street sweeping and any other
operation which assures a dependable drainage system. It shall also
include the City's administrative and contracted services costs.
RECONSTRUCTION
The improvements made to the stormwater drainage system in
areas previously served with lateral and trunk lines, and stormwater
basins.
ADMINISTRATIVE
Administrative costs include all engineering and legal costs
associated with operation of the stormwater drainage utility system.
Also included shall be periodic planning and engineering studies which
shall determine the adequacy and condition of the stormwater drainage
system.
DEVELOPED LAND
Land which has been platted. Undeveloped land is any land
which has not been platted.
If a property owner or person responsible for paying for the
stormwater 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 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 City staff's 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 14 days of the
staff's determination.
A. Hearing. A hearing before the City Council shall be scheduled to
occur within 45 days of receiving the property owner's request for
a hearing. Notice of the hearing must be served on the property owner
at least 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 stormwater 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.
All fees collected for the stormwater utility shall be placed
in a fund for stormwater purposes. Revenues shall be used to pay for:
A. The construction, reconstruction, repair, enlargement or improvement
of facilities;
B. Permit and regulatory requirements, programs and studies;
C. The maintenance, operation and use of the facilities, including equipment;
and
D. All other purposes as permitted by Minn. Stat. § 444.075.
Should any section, subdivision, clause or other provision of
this article be held to be invalid by any court of competent jurisdiction,
such decision shall not affect the validity of the article as a whole
or any part thereof other than the part held to be invalid.
To the extent that any provisions of this article are inconsistent
with the provisions of previous ordinances or resolutions, this article
controls.
This article shall take full effect and be in full force from
and after January 1, 2014.