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AFFIDAVIT OF PUBLICATION
<br />STATE OF MINNESOTA ) ss
<br />COUNTY OF SHERBURNE )
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<br />lished in said newspaper(s) for 1 succes-
<br />sive issues; the first insertion being on
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<br />By: _ fl J� a^ l Z�}_.
<br />Authorized Agent
<br />Subscribed and sworn to or affirmed before
<br />me on 12/20/2014_
<br />�X
<br />Notary Public
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<br />Ad ID 325871
<br />CITY OF ELK RIVER
<br />ORDINANCE NO. 14 -21
<br />AN ORDINANCE AMENDING
<br />CHAPTER 78 OF THE CITY
<br />CODE OF THE CITY OF ELK
<br />RIVER TO ESTABLISH A
<br />STORMWATER UTILITY
<br />The City Council of the City of
<br />Elk River does hereby ordain as
<br />follows:
<br />Section 1. That Chapter 78 of
<br />the City of Elk River Code of Or-
<br />dinances is amended to add new
<br />Article V, Stormwater Utility, as fol-
<br />lows:
<br />Article V. Stormwater Utility
<br />Division 1 Authority, Purpose
<br />and Administration
<br />Sec. 78 -401 Stormwater Utility
<br />Established
<br />There is hereby established a
<br />public utility to be known as the
<br />Stormwater Utility for the City of
<br />Elk River. The Stormwater Utility
<br />shall be operated as a public utility
<br />pursuant to the authority of Minn.
<br />Stat. § 444.075. Stormwater Util-
<br />ity revenues shall be subject to the
<br />provisions of this Section and Minn.
<br />Stat, § 444.075.
<br />Sec. 78 -402 Purpose
<br />The purpose of this ordinance is
<br />to provide a funding mechanism for
<br />the following services:
<br />a) The administration, planning,
<br />analysis, installation, operation,
<br />maintenance, and replacement of
<br />public drainage systems.
<br />b) The administration, planning,
<br />implementation, construction, and
<br />maintenance of stormwater Best
<br />Management Practices (BMP's) to
<br />reduce the introduction of sedi-
<br />ment and other pollutants into local
<br />water resources.
<br />c) Other education, engineering,
<br />inspection, monitoring, testing, and
<br />enforcement activities as neces-
<br />sary to maintain compliance with
<br />local, state, and federal stormwater
<br />requirements.
<br />d) Activities necessary to main-
<br />tain compliance with the National
<br />Pollutant Discharge Elimination
<br />System (NPDES), Municipal Sepa-
<br />rate Storm Sewer System (MS4)
<br />Permit requirements established
<br />by the U.S. Environmental Protec-
<br />tion Agency, including preparation,
<br />implementation, and management
<br />of a Stormwater Pollution Preven-
<br />tion Plan (SWPPP).
<br />Sec. 78-403 Administration
<br />The Stormwater Utility shall be
<br />part of the Community Operations
<br />and Development Department and
<br />shall be administered by the Com-
<br />munity Operations and Develop-
<br />ment Director or their designee.
<br />This ordinance shall apply to the
<br />entire City of Elk River.
<br />Sec. 78 -404 Stormwater Utility
<br />Fund
<br />There is hereby created a
<br />Stormwater Utility Fund into which
<br />all fees, when collected, shall be
<br />placed_ Such monies shall be first
<br />used to pay normal, reasonable,
<br />and current costs of operating and
<br />maintain the city stormwater sys-
<br />tem and facilities.
<br />Division 2 Stormwater Utility Fee
<br />Sec_ 76 -411 Establishment of
<br />Stormwater Utility Fee
<br />There shall be collected from
<br />every property in the city a Storm-
<br />water Utility Fee. Stormwater Util-
<br />ity Fees shall be established by
<br />ordinance and shall be collected
<br />monthly. Fees shall be based upon
<br />the operations of the Stormwater
<br />Utility, including an accounting of
<br />all monies received and disbursed,
<br />together with a working budget es-
<br />timate of the needs of the utility.
<br />Sec. 78-412 Single Family, Du-
<br />plex, and Townhome Residential
<br />Uses
<br />The Stormwater Utility Fee for
<br />properties classified as single fam-
<br />ily, duplex, and townhome residen-
<br />tial uses shall be a fixed monthly
<br />amount established each year by
<br />ordinance. The Stormwater Utility
<br />Fee rate shall consider the impact
<br />on the public drainage system for
<br />properties within urban utility ser-
<br />vice area and properties outside
<br />the urban utility service area relat-
<br />ing to the costs associated with the
<br />management of the entire public
<br />drainage system.
<br />Sec. 78 -413 All Other Uses
<br />All uses, other than single family,
<br />duplex, and townhome residential
<br />uses, shall pay a Stormwater Utility
<br />Fee based on the acreage of imper-
<br />vious surface on the property, as
<br />determined by the city through digi-
<br />tized mapping and /or site plan re-
<br />views. The acreage for any proper-
<br />ties with impervious surfaces, shall
<br />be rounded to the nearest tenth of
<br />an acre and not be less than one
<br />tenth of an acre. The Stormwater
<br />Utility Fee per acre of impervious
<br />surface shall be established each
<br />year by ordinance. The basis for
<br />the fee shall be seven times the
<br />amount of the urban residential fee
<br />reflecting the average residential
<br />property consisting of 1/7th of an
<br />acre of impervious area.
<br />Sec. 78-414 Stormwater Utility
<br />Fee Exemptions
<br />The following land uses are ex-
<br />empt from stormwater utility fees:
<br />a. Public Rights -of -Way and
<br />parks
<br />b. Vacant lands with no impervi-
<br />ous surface
<br />C. Railroad Rights -of -Way
<br />Sec. 78-415 Stormwater Utility
<br />Adjustments
<br />a) Impervious Surface Area Ad-
<br />justments. The Community Opera-
<br />tions and Development Director, or
<br />designee, may adjust the impervi-
<br />ous surface acreage for parcels
<br />of land (other than single family,
<br />duplex, and townhome residential
<br />parcels) based on a demonstra-
<br />tion that the impervious coverage
<br />of such parcel is substantially dif-
<br />ferent than the amount previously
<br />calculated. Supporting information,
<br />including maps and measurements
<br />to justify an adjustment, shall be
<br />supplied by the property owner.
<br />Administrative adjustments for im-
<br />pervious surface calculation ditr-
<br />ences, shall be retroactive to the
<br />month said deviation is brought to
<br />the attention of the city.
<br />b) Other adjustments may be
<br />applied to parcels of land (other
<br />than single family, duplex, and
<br />townhome residential parcels)
<br />which demonstrate full control and
<br />treatment of stormwater on the
<br />property. Site information, BMP
<br />maintenance records, and hydro-
<br />logic data must be supplied by the
<br />property owner(s) to demonstrate
<br />that a fee adjustment is warranted.
<br />The maximum reduction for prop-
<br />erties demonstrating a property
<br />meets all discharge requirements of
<br />the current city MS4 permit, with-
<br />out overflows to a public system,
<br />shall be up to 30 percent,
<br />Sec. 78 -416 Appeal of Storm-
<br />water Utility Fee
<br />If a property owner or person re-
<br />sponsible for paying a Stormwater
<br />Utility Fee believes that a particu-
<br />lar assigned fee is incorrect, such
<br />person may request a recalculation.
<br />The City Council shall review and
<br />approve recalculations following
<br />any appeal and their decision shall
<br />be final.
<br />Sec. 78 -417 Payment of Fees
<br />Statements for Stormwater Util-
<br />ity Fees shall be billed on a monthly
<br />basis. All fees shall be subject to
<br />established procedures for deter-
<br />mining and collecting customer
<br />charges.
<br />Sec. 78-418 Late Payment Pen-
<br />alty
<br />Each Stormwater Utility Fee bill-
<br />ing not paid when due shall incur a
<br />penalty charge of 10 percent of the
<br />amount past due.
<br />Sec. 78-419 Establishment of
<br />Tax Lien
<br />Any past due Stormwater Utility
<br />Fees will be certified to the County
<br />Auditor for collection with real es-
<br />tate taxes against the property
<br />served by the utility established
<br />in this ordinance for collection as
<br />other taxes are collected in the fol-
<br />lowing year pursuant to Minn. Stat.
<br />§ 444.075, subd. 3, and the City
<br />Code of Ordinances. In addition,
<br />the city may have the right to bring
<br />a civil action or take other legal
<br />remedies to collect unpaid fees,
<br />Section 2. That this Ordinance
<br />shall take effect upon adoption and
<br />be published as provided by law.
<br />Adopted this 15th day of De-
<br />cember, 2014, by the City Council
<br />of the City of Elk River, Minnesota.
<br />John J. Dietz
<br />Mayor
<br />ATTEST:
<br />Tina Allard
<br />City Clerk
<br />Published in the
<br />Star News
<br />December 20, 2014
<br />326871
<br />
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