HomeMy WebLinkAboutOrdinance No. 4344 - Second Reading: AmendRCOChapt.77A.StormWaterUtility
ORDINANCE NO. _____
AN ORDINANCE AMENDING AND REENACTING SUBDIVISION 5
OF SECTION 77A.01, SUBDIVISIONS 11, 15, 16, AND 20 OF
SECTION 77A.03, SUBDIVISION 1a OF SECTION 77A.05,
SUBDIVISION 2 OF SECTION 77A.09, AND SECTION 77A.10,
RELATING TO THE STORM WATER UTILITY.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Subdivision 5 of Section 77A.01 of the Rochester Code of Ordinances is
hereby amended and reenacted to read as follows:
Subd. 5. It is the City’s intent to create a Storm Water Utility (“Utility”) based
on factors that influence runoff quantity and quality, including land use and the amount
of impervious surface on the property along with fixed program costs. It is in the
public’s interest to fund the Program with a user Fee that allocates the costs of storm
water management to all property owners in the City and that further seeks to base the
amount of the Fee on the extent that each parcel of real property contributes to the
need for the Program. A Utility offers financial management options that can assist the
City in implementing the Program to maintain and improve its water resources. A
parcel based system will be utilized to classify parcels and assign billing to the Property
Owner. This system will rely on Olmsted County parcel data to determine the
classification; the area, in acres; and the parcel owner.
Section 2. Subdivisions 11, 15, 16 and 20 of Section 77A.03 of the Rochester Code of
Ordinances are hereby amended and reenacted to read as follows:
Subd. 11. The term “Non-Residential” shall mean a Utility customer class that
refers to all parcels other than exempt parcels, residential parcels, and condominium
parcels, including their commonly owned areas.
Subd. 15. The term “Property Owner” shall mean any partnership, corporation
or any person who (alone, jointly or severally with others) is identified as the owner
according to the Olmsted County Property Records and Revenue Tax Record.
Subd. 16. The term “Residential” shall mean a Utility customer class that
refers to any developed parcel classified as 1a/4bb(1) RESIDENTIAL SINGLE UNIT,
1a/4b(1) RESIDENTIAL 1-3 UNITS, or 1a RES/AG SINGLE UNIT as identified by the
Olmsted County Property Records and Revenue Tax Record. Should Olmsted County
change its classification system in the future, the term Residential shall include any
developed parcel that would have been considered 1a/4bb(1) RESIDENTIAL SINGLE
UNIT, 1a/4b(1) RESIDENTIAL 1-3 UNITS, or 1a RES/AG SINGLE UNIT under the
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criteria in place as of May 1, 2018. An individual tax parcel that is annexed into the
City of Rochester after October 6, 2003, and that contains a mix of a single residential
and a single non-residential use shall be charged the Residential Fee until such time
that the parcel boundary is modified or the parcel receives a zoning or other land use
change. At that time, the parcel shall remain a residential customer only if the parcel is
used solely as a residence. If any non-residential uses remain, the parcel shall then be
converted to a non-residential customer.
Subd. 20. The term “Condominium” shall mean a Utility customer class that
refers to a parcel with a class of 1a/4bb(1) RESIDENTIAL SINGLE UNIT and a
Property Use Code of CONDOMINIUM as identified by the Olmsted County Property
Records and Revenue Tax Record. Should Olmsted County change its classification
system in the future, the term Condominium shall include a utility customer class that
refers to a parcel that would have been considered 1a/4bb(1) RESIDENTIAL SINGLE
UNIT with a Property Use Code of Condominium under the criteria in place as of May
1, 2018.
Section 3. Subdivision 1a of Section 77A.05 of the Rochester Code of Ordinances is
hereby amended and reenacted to read as follows:
Subdivision 1a. The Council finds that, irrespective of the size of a Residential
parcel, the amount of storm water runoff and pollutant loading from Residential
development is similar and that it would be excessively and unnecessarily expensive to
determine precisely the percent impervious area for each such Residential parcel.
Therefore, each Residential parcel in the City shall be charged a uniform Residential
Fee, regardless of the size of each parcel or the amount of impervious area on each
parcel. For the purpose of calculating the Fee, all Residential parcels shall be
considered to be 0.235 acres with 25% impervious area. The Residential Fee will be
calculated by multiplying a LUF of 1.0 by an average parcel size of 0.235 acres times
the storm water unit rate, as established by Council resolution. \[Fee = (LUF= 1.0) x
(parcel size=0.235 acres) x (storm water unit rate)\]. For the purpose of calculating the
Fee, all Condominiums shall be considered to be 0.025 acres with 100% impervious
area. The Condominium Fee will be calculated by multiplying a LUF of 5.0 by an
average parcel size of 0.025 acres times the storm water unit rate, as established by
Council resolution. \[Fee = (LUF= 5.0) x (parcel size=0.025 acres) x (storm water unit
rate)\].
Section 4. Subdivision 2 of Section 77A.09 of the Rochester Code of Ordinances is
hereby created and enacted to read as follows:
Subd. 2. The Director of Public Works shall make a determination within
thirty days after receipt of the owner’s completed written request for correction of the
Fee. The decision made by the Director of Public Works on a request for correction of
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the Fee may be appealed to the Common Council. Billing adjustments that necessitate
a refund will be administered according to RPU’s policy on Adjustment of Electric and
Water Bills.
Section 5. Section 77A.10 is hereby amended and reenacted to read as follows:
77A.10. Certification of Unpaid Fees. Not less than annually
Rochester Public Utilities shall certify to the City Clerk a list of unpaid Utility
customer accounts showing the names and addresses of all unpaid accounts.
The Council shall certify these unpaid amounts, with interest, to the auditor for
collection with taxes against the property receiving the use of the storm water
facilities under the procedure found in Section 72.11 of this code. The unpaid
amounts shall be a lien on the affected properties as shown in the unpaid charge
tabulation and shall be collected in the same manner as other unpaid charges.
The sum together with interest shall be credited to the Fund.
Section 6. This ordinance shall take effect from and after the date of its publication.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2018.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2018.
__________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord77A.01.doc
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