05/30/1989 - City Council SpecialSPECIAL CITY COUNCIL MEETING
TUESDAY
MAY 30l 1989
7:00 P.M.
I. ROLL CALL @ ADOPTION OF AGENDA
II. DIRECTION RE: DANIEL DRIVE TRAIL PROPOSAL
III. UPDATE ON SIBLEY HILLS DRIVE) PROJECT 543R
IV. STORM WATER UTILITY USER FEE PROPOSAL
V. DISCUSSION RE: 1990 BUDGET PROPOSAL
VI. OTHER BUSINESS
VII. ADJOURNMENT
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: MAY 25l 1989
SUBJECT: SPECIAL CITY COUNCIL MEETING/MAY 30v 1989
The Special City Council Meeting was set for the purpose of
discussing the 1990 general fund operating budget. The agenda
includes an item entitled "Storm Water Utility User Fee Proposal"
and "Discussion Regarding 1990 Budget Proposal". The Storm Water
Utility User Fee Proposal is a new revenue source that was
discussed last fall when the 1989 budget was prepared and adopted
and after direction of the City Council, a report has been prepared
that addresses this proposed user fee concept.
The staff has identified some problems with the proposed financing,
mainly the proposed method of assessments, for the Sibley Hills
Drive improvement project. Before the staff proceeds further with
the project, direction is required on the part of the City Council.
Also, an informational meeting is scheduled for June 8 with
property owners abutting the location for the proposed Daniel Drive
trail, and staff needs a direction by the City Council in
preparation for that meeting.
It is anticipated that both the Daniel Drive trail and update on
the Sibley Hills Drive improvements should take no longer than 40
minutes, allowing for the remainder of the workshop session to be
spent on guidelines and discussion regarding the Storm Water
Utility User Fee and 1990 budget.
DANIEL DRIVE TRAIL PROPOSAL
At the May 15 City Council meeting, the Daniel Drive trail proposal
was continued to the June 20 City Council meeting. City staff was
directed to prepare a new trail alignment from the east side of
Daniel Drive and hold an informational meeting to discuss the
proposed improvements with the neighborhood. A neighborhood
meeting is scheduled for 7:30 p.m. on June S. The Director of
Parks & Recreation has received a number of calls from residents
in the Northview Meadows Addition, east of Daniel Drive, objecting
to the trail being placed adjacent to their property. Ken would
like a few minutes to discuss a couple of issues pertaining to the
trail alignment and receive proper Council direction prior to the
informational meeting.
UPDATE ON SIBLEY HILLS DRIVE, PROJECT 543R
The Sibley Hills Drive Public Improvement Project, referred to as
Project 543R, is one of the more difficult projects the City has
had to plan for several years, due to the hodgepodge of existing
development along with proposed new development. A public hearing
was held, and the project has been ordered in by official City
Council action. Our City Engineering Department along with
consulting engineers have been preparing the final plans and
specifications so the public improvements can proceed during 1989
as originally proposed. However, recently the project was placed
on hold due to a legal question regarding the inability to assess
certain properties and insure benefit by the public improvement if
ever challenged by a group of property owners.
At the public hearing the financial plan includes properties that
have direct access to roads that are proposed for improvement, as
well as properties that do not have direct access but will receive
the benefit of the roads at some point in the future when their
property is developed. The assessment calls for requalification
that was directed by the City Administrator. The City Attorney has
raised questions regarding the ability to levy assessments against
Properties that do not have direct access or abut the Skyline Road
improvements. Also, to compound the issue, a resident has
submitted a copy of a restrictive covenants that does not allow
lots over subdivisions to be split until the year 2000, which
impacts the financial plan that anticipated the collection of
special assessments against those properties.
In summary, as the staff has reviewed the project in greater
detail, it appears that if there is a legal question as to whether
the City can assess certain properties, the financial participation
on the part of the City could increase substantially. The City
Administrator feels that rather than proceed with the project and
incur large liability against the street construction, at a latter
date, it was better to place the project on temporary hold and
discuss the matter with the City Council before proceeding any
further. The City Attorney, Director of Public Works and City
Administrator will provide a brief update at the meeting on
Tuesday, so the Council is aware of the problems the staff has
encountered in the past few weeks regarding the proposed
improvements.
STORM WATER UTILITY USER FEE PROPOSAL
The concept of a storm water utility user fee was introduced by
staff last year when the 1989 budget document was prepared. The
City Administrator was directed to prepare additional information
regarding the storm water user fee concept and present a report
during 1989.
The Director of Public Works, the City's consultant, Jerry Bourdon
of the firm Bonestroo, Rosene and Anderlik, Director of Finance and
other support staff along with the City Administrator have prepared
a report. A copy is attached for your review for consideration by
the City Council. The City Attorney has been involved in meetings
to insure the legality of implementing this type of user fee. An
ordinance was prepared, copies enclosed for your review, which
provides the legislative framework to implement the program.
As previously stated, the purpose and need for creating a storm
water drainage utility was explained in the attached report
prepared by Jerry Bourdon with the direction and input of members
of the City staff. Included with the information is a mock
brochure that can be mailed out to each resident once the billing
cycle is established for implementation.
1990 BUDGET PROPOSAL
The City.Administrator and Director of Finance are analyzing the
amount of property tax and local government aid the City will
receive in 1990. The Director of Finance and City Administrator
will provide additional comments on Tuesday and also comment on
other revenue sources that comprise the remaining 29% of the
operating budget.
In addition to the projection of revenues, the City Administrator
will also provide a draft budget forecast of expenditures which
illustrates certain accounts that require adjustments due to
inflation or our expanded growth.
Following the Tuesday evening discussion and direction from the
City Council regarding any adjustment to revenues or expenditures
and once the departmental budgets are received on June 6, a draft
budget can be compiled during the month of June. For additional
information on this item refer to the attached memo.
OTHER BUSINESS
There are no other items for Other Business at this time.
/S/ Thomas L. Hedges
City Administrator
Report for
Storm Water Drainage Utility Plan
Eagan, Minnesota
April 1989
File No. 49482
Bonestroo
NEW Rosene
Anderlik &
Associates
Engineers & Architects
St. Paul, Minnesota
Sonestroo
Rosene
U -ILA
Anderlik &
Associates
Engineers & Architects
May 17, 1989
Mr. Tom Colbert
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55121
Otto G. Boneumo. P.E.
Rooen W. Roane, P.E.
Joseph C. Mdedik. P.E.
Bradford A, Lemberg. PE,
Richard E. Turner, PE.
James C. Olson. P.E.
Glenn R. Cook. P.E
hoE.
Tmas . Noyes. P.E.
Roden G. Schun¢ht, P.E.
Marvin L.Sorvala, PE.
Re: Storm Drainage Utility
file no. 49482
Dear Tom:
Keith A_ Gordon. P.E.
Richard W. Fogel. PE.
Donald C. Burgardt. P.E.
Jerry A. Bourdon, PE.
Mark A. Hanlon, P.E.
Ted K N.Id, P.E.
Micnael T Rautmann. P.E.
Robert R. Plellerle, P.E.
David O, tnskoa. P.E.
Thomas W. Peterson. P.E.
Muhael C. Lynch. P.E.
James Rr Wand. PE.
Kenneth P. Anderson. P.E.
faith A. Ofo mann, P.E:
Mark R, Rolls, PE.
Robert C. Russek. A.LA.
Thormas E. Angus, PE.
Howard A, Sanford, P.E.
Charles A. Erickson
Led M. Pa velsky
HJllan M, Olson
Susan M. Ebeom
Mark. A. Sup
Enclosed is the Storm Drainage Utility Plan report. This plan outlines
the goals, philosophy and approach to establishing a storm drainage
utility for the City.
We recommend that the City Council review the enclosed information. To
proceed with the formation of a storm water utility the advice of legal
council is appropriate. We suggest that a public meeting and a mailing
brochure be considered as a part of the implementation process.
There are facets of this report that will be of interest to various
parties. We are available to meet and discuss the details of this
report at your convenience.
Yours very truly,
Jerry Bourdon
d: storm
f.
2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636.4600
CITY OF EAGAN
STORM WATER DRAINAGE UTILITY PLAN
INTRODUCTION
This report discusses the purpose and needs for creating a Storm Water Drainage
Utility in Eagan. Included is a proposed budget and a fee schedule for revenue
collection.
BACKGROUND
The purpose of a Storm Water Drainage Utility is to provide dedicated funds
necessary to operate, maintain and manage a municipal storm water drainage
system. All Minnesota cities, under MSS 444.075, can establish Storm Water
Drainage Utilities in a manner similar to Water and Sanitary Sewer Utilities. A
Storm Water Drainage Utility allows cities to charge all property an established
quarterly charge for storm drainage expenditures. The charges are billed in
combination with other utility bills. Similar utilities have recently been
established in Roseville, Richfield, Fridley, Shakopee, St. Paul and other
communities.
Eagan's storm water drainage system consists of an extensive and complicated,
system of sewers and drainage facilities. It is estimated that the system
comprises:
215 miles of pipes,
3,000 catch basins and drainage structures,
340 ponds,
700 pond inlet and outlet structures, and
20 lift stations.
A system of this size and complexity requires active operation and maintenance
attention to assure optimum system performance and to protect the City's
substantial investment in the basic infrastructure through preventative
maintenance designed to prolong the life of the facilities.
Traditionally storm drainage systems have not been operated and financed as user
benefiting utilities such as a water or sanitary sewer utility. However, a
storm water drainage system is similar to a water supply and distribution system
or a sanitary sewer collection and treatment system. It has similar operation
and maintenance needs and provides a specific user with a benefited service.
The basic advantages to operating a storm drainage system as a utility are
better operation, maintenance and management of the system. These advantages
are derived from the mode of operation and dedicated funded that is provided by
the creation of a Storm Water Drainage Utility.
BENEFITS OF IMPLEMENTING A STORM WATER DRAINAGE UTILITY
Because of the competition for funding among the City's various needs, certain
beneficial storm drainage system operation, maintenance and improvement
activities are unfunded or under funded. The purpose of creating and
d:storm , f;report2b
DRAFT
implementing a storm water drainage utility in Eagan is to provide for an
equitable method of funding needed additional and/or improved storm water
drainage services. The proposed additional services will benefit the city by
protecting its lakes, ponds and wetlands from the adverse effects of urban storm
water runoff and by assuring better performance of the existing system.
Eagan's specific additional needs are:
* WET LANDS PRESERVATION AND WATER QUALITY CONTROL,
* EROSION AND SEDIMENTATION CONTROL, AND
* STORM WATER CONVEYANCE.
These needs are described in more detail in the following section.
NEEDS
WETLANDS PRESERVATION AND WATER QUALITY CONTROL: Eagan has 340 lakes, ponds and
wetlands that are valuable natural resources and community assets. Studies show
that urban storm water runoff into wetlands can have a detrimental effect upon
these resources.
Eagan has recognized the need to address this problem and has established-
wetlands preservation and storm water runoff quality control as a high priority.
Studies have been conducted by the watershed district and Eagan to inventory,
classify, set priorities and identify remedies. These studies are in their
final stages of development. The final recommendations and conclusions are not
yet available. However, the specific initial needs are well enough known that
they should be implemented immediately. These needs are:
* implementation of the storm water drainage utility,
+ the implementation of the water quality sampling and monitoring
program, and
* the implementation of a pond dredging and maintenance program.
Soon the specific needs and priorities of water quality improvements will be
identified. They will likely include, in addition to the above, public
education programs and the construction or implementation of drainage system
modifications, such as:
* the construction of sedimentation and nutrient traps,
* installation of aeration systems,
+ system modifications to cause pond bypass of first flush runoff, and
* system modifications to increased detention time for nutrient removal
EROSTON AND SEDIMENTCONTROL: Although the prevention and control of erosion is
an integral part of the City's water quality efforts, it is separately addressed
in this report because it also causes other benefits and its activities are
unique from the water quality program's activities.
The primary activities of the prevention and control of erosion and sediment
are:
* Street sweeping,
* Storm sewer pipe and catch basin cleaning, and
d:storm , f;report2b
DRAFT
* Inspections and enforcement of preventative measures.
STORM WATER CONVEYANCE: Storm water conveyance needs consist of the essential
activities necessary to properly operate and maintain a collection and
conveyance system. Routine and systematic operation and maintenance of the
system better assures optimum performance of flood protection and water quality
control. Some needed operation and maintenance activities are not currently
implemented or are only partially implemented due to funding constraints.
Specific unfunded or underfunded needs within this category include:
* Renewal and replacement: This need consists of repairs and replacement
of components of the existing system as they wear out or require
rehabilitation. (The electrical and mechanical components of the
system's lift stations are a primary' example of this need.)
* System improvements: This need consists of the construction of
additional drainage facilities not previously contemplated under the
trunk or lateral system programs. Improvements such as increased
discharge capacities of piping systems due to unforeseen events such as
higher density development or new design criteria for storm drainage and
rater quality are examples tf this need.
* Operation and maintenance: This need consists of a more systematic and
routine program of operation and maintenance activities to assure optimum
system performance and to protect the City's investment in the system by
performing cost effective preventative maintenance. Examples of this
need are: routine pipe televising, cleaning and pond inlet and outlet
structure maintenance.
d:storm , f;report2b
DRAFT
COSTS OF THE STORM WATER UTILITY
Some of the activities of the storm water utility are currently financed through
the general fund. Although all of the activities of the Storm Water Utility
could be financed by the Utility's billings, the immediate concern is the
implementation of a storm water utility to finance the currently unfunded and
underfunded needs for wetlands preservation and water quality control and more
intensive operation and maintenance programs. Therefore the proposed initial
scope of funding through the Utility's billings incorporates to the following
activities.
TABLE 1
PROPOSED UTILITY BUDGET FOR 1990
------ee-maaae-asae�sae
Gun Club Water shed District Costs ------ $ 20,000
Water Quality Improvement Planning and
Implementation -------------------------- 30,000
Sampling and Monitoring ----------------- 15,000
Pond Dredging --------------------------- 25,000
Street Sweeping ------------------------- 75,000
Pond Inlet and Outlet Cleaning ---------- 50,000
Renewal & Replacement -------------------- 130,000
System Improvements ---------------------- 50,000
TOTAL 395,000
PROPOSED CHARGES
The charges of the storm water drainage utility are based upon the user's
responsible share of the cost of the service. This is an equitable and
practical means of financing the services of the Utility. The basic equation
for setting the utility charges is:
Total annual revenues needed
------------------------------ - Annual Fee Unit Rate
Total runoff
d:storm , f;report2b
DRAFT
To most equitably spread the Utility's costs among the users, the following
criteria was used as the basis for the hydrologic aspects of the fee structure
model.
+ model storm - 5 frequency, 24 hour event (3.5 " rain as per soil
conservation service charts)
* hydrologic soil type - Type B
* Typical residential unit: 0.5 acres, 26Z impermeable surface.
As a practical matter all residential properties will be charged the same based
upon the amount of runoff from a typical residential unit for the model criteria
previously presented. This runoff amount is defined as the "Residential
Equivalent Factor" (REF) and is the basic unit of the fee structure. The rate
charged to a non residential property is based upon the number of Residential
Equivalent Factors of the property (how many times more run off is caused by the
non residential property than is caused by standard residential property). The
non residential properties were evaluated individually to determine the number
of residential equivalents of the property. The following summarizes the
residential equivalent inventory of the city.
TABLE 2
RESIDENTIAL EQUIVALENT DETERMINATION SUMMARY,
TOTAL
RESIDENTIAL
LAND USE EQUIVALENTS
-----------
-----------
Residential property (low density) 11,153
Apartments/Condominiums 1,508
Schools 598
Commercial/Industrial 8,253
Churches 243
Golf courses/cemeteries 296
TOTAL 22,051
d:storm , f;report2b
DRAFT
The following equation presents the results of the fee calculation for the
Residential Equivalent Factor for the Eagan Storm Drainage Utility.
TOTAL ANNUAL UTILITY EXPENSES
-----------------------------
TOTAL NUMBER OF RES. UNITS
$395,000
22,051
FEE FOR EAGAN REF
$ 17.91 < annual cost REF
_ $ 4.48 < quarterly bill
The following table presents a summary of the typical (average) annual rates
proposed to be charged for each category of land use.
TABLE 3
LAND USE
----------------------
REF
-----
QUARTERLY
--------------
RATE
Residential
1.00
$ 4.48
/
residence
Apartments
3.64
16.31
/
acre
Schools
2.14
9.58
/
acre
Churches
2.44
10.92
/
acre
Commercial/Industrial
4.79
21.49
/
acre
Golf courses
1.14
5.10
/
acre
CONCLUSION
The creation of a storm water utility is an equitable and practical way to
finance the unfunded needs of wetlands protection and additional maintenance and
operation activities. The recommended actions necessary to proceed with
implementation of the Storm Water Drainage Utility are:
1. Set a date for a public meeting,
2. Authorize the preparation and mailing of a brochure on the utility, and
3. Set a Council meeting date to considering adoption of the Utility
Ordinance.
The attached documents are included as appendices to this report.
1. A sample brochure which could be distributed to the public.
2. A draft of the proposed ordinance prepared by the City attorney.
3. A list of non residential property and their REF's.
d:storm , f;report2b
DRAFT
EDWARD B. McMENOMY
LARRS S_ SEVERSON•
JAMES F. SHELDON
J. PATRICK W'IU'OX•
TERENC'E P. DURKIN
MICHAEL(;. IM) IGHERTY
REID J. HANSEN
MICHAEL E.MOLENDA—
•ALSO LIC'4:NSF.0 I\ IOWA
"ALSO LICF.NSEP IN WI.S( ONSIN
tALSU LR ENSKII 16 NEHRASKA
May 1, 1989
Tom Hedges
City Administrator
City of Eagan
3830 Pilot Knob Road
P.O. Box 21199
Eagan, MN 55121
McMENOMY & SEVERSON
A PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
OWREPLY TO:
73M WEST MTTH STREET
P.O. BOX 243M
APPLE VALLEY, MINNESOTA M124
TELEFAX NUMBER 432-3160
(612) 43531N
❑ REPLY TO:
M430 SOUTH ROBERT TRAIL
ROSEMOUN . MINNESOTA MM
(612).2111M
PAUL J. STIRR
PATRICK W. STEW'ART
KEVIN P. CARROLL
KENNETH R. HALL
SCOTT D. JOHNSTONt
JOSEPH P. EARLES
MARLL. GOLIKE
MICHAEL C. WCANN
OF CUUN44:L:
LEONARD F. HIRNAT
JOHN E. VUKELICH
RE: An Ordinance Adding Sections to the City Code of the City
of Eagan Establishing a Storm Water Drainage Utility and a Storm
Water Drainage Improvement District
Our File No.: 206-5376
Dear Tom:
I enclose for your review a proposed ordinance establishing a storm
water utility and storm water tax improvement district for the City
of Eagan. Statutory authority for the utility and storm water tax
improvement district are contained in Minnesota Statutes 5444.1075
through S444.21.
Under the terms of the statutes, the City is permitted to adopt an
ordinance which allow it to build, construct, reconstruct, repair,
enlarge, improve or in any other manner obtain appropriate storm
sewer service. (Minnesota Statutes 5444.075, Subd. 1(a)) In addition,
pay for the construction, reconstruction, repair, enlargement,
improvement or other obtainment and the maintenance, operation, and
use of the facilities, the governing body or the municipality may
impose just and equitable charges for the use and for the
availability of the facilities and for connections with them...
(5444.075, Subd. 3)
The charges made for the service directly rendered shall be as nearly
as possible proportionate to the cost of furnishing the service and
sewer charges may be fixed on the basis of water consumed, or by
reference to a reasonable classification of the types of premises to
which service is furnished, or by reference to the quantity,
pollution qualities and difficulty of disposal of sewage and storm
water produced, or on any other equitable basis, including, but
without limitation, any combination of those referred to above.
(S444.075, Subd. 3)
McMENOMY & SEVERSON
A PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
Tom Hedges
May 1, 1989
Page Two
In determining the reasonableness of the charges to be imposed, the
governing body may give consideration to all costs of establishment,
operation, maintenance, depreciation and necessary replacements to
the system, and of improvements, enlargements, and extensions
necessary to serve adequately the territory of the municipality...
(5444.075, Subd. 3)
It is my understanding that the City Engineer's office and consulting
engineering people have been working up the appropriate numbers and
proposed charges for the Council to review.
The responsibility and obligation of the City Council is to impose
just and equitable charges. The utility portion of the storm sewer
drainage ordinance is similar to the City's water utility. The storm
sewer would be billed along with the water bills. The tax improvement
district is being set up at this time to coordinate this with the
utility.
Minnesota Statutes S444.17 provides that the Council may by ordinance
adopted by two-thirds vote of all of its members establish within in
its corporate limits a storm sewer improvement tax district. A public
hearing must be held and notice of the public bearing must be
published for two successive weeks in the official newspaper of the
municipality with the last notice to be at least seven days prior to
the date of the bearing. Once adopted, the ordinance shall be filed
with the County Auditor and the County Recorder.
While no improvement for which a tax would be levied is contemplated
at this time, the enabling statutory legislation is less than clear
on this matter. Minnesota Statutes 5444.17, requires a two-thirds
vote, notice and hearing to establish a tan district.,,The statute
does not make clear reference to whether that is also required for
utility. Under the circumstances, our advice is that the City would
be better off safe than sorry under this scenario. Any challenge to
the storm water utility charge would necessarily center on the method
of its calculation and the method of City adoption of the utility.
While on its face it does not appear that the tax district and the
utility are directly connected, at least statutorily, that statute is
unclear. It is therefore our advice that the district for tax
improvement and the storm water utility be adopted at this time.
However, it is not intended that any tax be levied at this time or
any improvement for which a tax would be levied would be constructed
at this time.
„' c. . 'j `1..
McMENOMY & SEVERSON
A PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
Tom Hedges
May 1, 1989
Page Three
Please contact me if you have any questions.
Very truly yours,
McMENOMY & SEVERSON, P.A.
James F. Sheldon
J FS/dj k
Enclosure
cc: Tom Colbert
Gene VanOverbeke
CITY OF EAGAN
ORDINANCE NO. 3.10 AND 3.11
AN ORDINANCE ADDING SECTIONS 3.10 and 3.11 TO THE CITY CODE OF THE
CITY OF EAGAN ESTABLISHING A STORM WATER DRAINAGE UTILITY AND A STORM
WATER DRAINAGE IMPROVEMENT DISTRICT.
The City Council of the City of Eagan does hereby ordain:
1. That the City Code of the City of Eagan is amended by adding a new
section 3.10 and 3.11 to the City Code of the City of Eagan, to read
as follows:
Sec. 3.10. Storm Water Drainage Utility.
Subd. A. Storm Water Drainage Utility Established. The municipal
storm sewer system shall be operated as a public utility
pursuafit to Minnesota Statutes §444.075, et seq., from which
revenues will be derived subject to the provisions of this
Chapter and Minnesota Statutes. The storm water drainage utility
will be a part of the City of Eagan Public Works Department and
under the administration of the Public Works Director.
Subd. B. Storm Water Drainage Fees. Storm water drainage fees
for parcels of land shall be determined by resolution of the
City Council of the City of Eagan and shall be just and
equitable.
Subd. C. Exemptions. The following lands are exempt from storm
water drainage fees:
1. Public rights-of-way.
2. Vacant, unimproved land with ground cover.
3. City of Eagan owned property.
Subd. D. Billings. Bills for charges for the use and service of
the storm drainage system shall be made out by the Finance
Department in accordance with the usual and customary practice.
All bills shall be payable at the office of the City Finance
Director.
Subd. E. Delinquency and Collection. The charges shall be
delinquent if unpaid at the close of business on the due date
shown on the billing. A penalty of 108 thereof shall be added,
and become a part of, all delinquent charge's. Payment for the
service and charges shall be the primary responsibility of the
owner of the premises served and shall be billed to the owner
unless otherwise contracted for and authorized in writing by the
owner and such other person, and consented to by the. City of
Eagan. The City may collect the same in a civil action. Each
charge is made a lien on the premises served. Any charge more
than 45 days past due may, when authorized by resolution of the
Council, be certified by the City Clerk -Treasurer, to the County
Auditor and in so certifying shall specify the amount thereof
together with a certification charge (preparation for
certification of taxes of delinquent accounts).
Such action may be optional or subsequent to taking legal action
to collect delinquent accounts.
Subd. G. Revenues. All revenues derived from those rates and
charges shall be credited to the storm water drainage utility
f un'd.
Sec. 3.11. Storm Water Improvement District. The entire geographical
City of Eagan, Dakota County, Minnesota, is hereby established as the
Eagan Storm Water Tax Improvement District.
This ordinance shall be in force and effect from and after its
passage and publication according to law.
ATTEST:
By:
Its: Clerk
Date Ordinance Adopted:
CITY OF EAGAN
City Council
By:
Its: Mayor
Date Ordinance Published in the Legal Newspaper:
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Eagan plans to use a'nW
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tJ of managing storinwater
s 0 6 I runoff._
A SWMNM er Dralnage Utlllly
Thlsieaflet Is prepared to
Introduce you to tits
new utilityand answer
i your questions.
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Why Must We Manage
Storm Drainage?
Storm drainage lac0ides must he bu ft
maintained and renewed to control
runnifin order Inc.
e PrMed people and prop"
• Provide forsahtraWe ftw
• Rhes ce the envisomme d
• Improve psepatyalaea
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ft is estimated that Baffta%stamewatW
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215 ... miles of pipe$
3,000 ... eauldm us and manholes
340 ... pool
700 .. pond structures
20 ... liRstations
A system of this sole and oomphn q w
quires active operation and maintenance
to assure optimum "em perfasmance
and to prolong the Lk of the f cAides.
Vllhat Is a Storm
Drainage Utility?
A storm drainage utility
provides a service similar to
the water and sanitary sewer
O d O 'udHdm like the sanitary
sewer utility fee, the Storm Drainage
Utility fee is band 0n the amount of
urates chat L otisehetged roto the gstea.
For instaoM a parking lot creates more
nmoff than a grass area of the same sere,
so it pays a higher rate.
This way, the citizens of Eagan will pay
for the management of stormwater in
proportion to the amount of water they
'contribute.' a fee NOT based on the
vaWe of their prop"
Why Is a Utility Needed?
itagao is facing additional needs to meet
the faawiug stormwater ImMu went
• Vetiands praeervatioa anal oder
quail4 centrd.
• 1;80511011 and sesi mmbdm
control, and
• Operation and Maintenance of
Stasstmwfacumiies
These additional services will benefit the
city by protecting its lakes, ponds, and
wettaods from the adverse effects of
urban siormwater ru mA Comequentlys
the existing draioapfflood control sys-
tem will perform better
Costs for these additional activities. com-
bined with the money spent for on-going
storm drainage maintenance each year,
represent a major expenditure. Today,
most stormwater costs are paid by using
property taxes. Once implemented, the
Stora Drainage UtWty will tweet these
rising costs in a fair and equitable men-
mer. without additional burden b the
property lax rolls.
What is My share of
the Costs?
A SWrmwafor Drai
Utility hill far each pro propeef<y
is based upon the relative
l amount of rdneff a properly
dl0chargea talo the system. More inter
sh* developed property such as com-
mercial or industrial property generate
mac runoff and thereinto para higher
rats"
The gowIe*dued fain 1959 fora
Siople Family Homer;, Duplexes and
Toomhouses is $
The average quarterly ffm in 1989 for
various types of other propertle s ave
.shownbelaw..
• Apartmetu and Cbndas $116311mve
• Schook ..........S 9d51111ese
• Churches .........$10.9210180
• Golf courses ...... SMOMM
• cemmercial/I11dtutrid .$ 2LAIMIneae
Your storm dr dsW fee vd0 be ineioded
on the swavater and sewer hill y011
e eceive each quarter.
• Fees for each type of these properties
were determined on a individual basis.
The rates shown are average fees.
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMB ERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: MAY 25, 1989
SUBJECT: 1990 GENERAL FUND BUDGET
Due to the uncertainties required of this year's new regulations to conform to
truth and taxation legislation, the 1990 budget process began one month earlier
than previous years. Department heads were given direction in late April to
prepare their departmental budgets during the month of May to be reviewed by the
City Administrator.in June.
It is expected that total revenues will increase very slightly in 1990. The levy
limit base which consists of the allowable tax levy (non -debt service) and local
government aid is estimated to be as follows compared to 1989:
Increase
1989 19901 Amount Percentage
Tax Levy Limit $6,863,370 (87.28) $7,484,422 (87.98) $621,352 9.18
Local Governmental 1.007.917 (12.88) 1.028.075 (12.18) 20.158 2_08
Aid
Levy Limit Base 57.871.287(100.08) 58.512.797(100.08) 641 510 8.28
Allocated in Budget:
General Fund $7,284,1452 $7,807,847 $523,702 7.28
Major Street Fund 402,625 442,800 40,175 10.08
Equipment Revolving 184.520 262.150 77.630 42.18
Fund
$7.871.290 ,$8.512.797 641 510 8.28
Calculations are based on conversation with LMC -contained in tax bill not•
signed by Governor Perpich.
2The general fund also utilized the $205,700 special levy making a total of
$7,489,845 available from taxes and local government aid. The actual tax
related revenue increase from 1989 to 1990 is therefore $7,807,847 -
$7,489,845 or $318,002 as opposed to the $523,702 shown.
Property taxes and local government aid represent 71.48 of the 1989 General Fund
Budget of $10,495,000. ($7,489,845 - $10,495,000 — 71.48) Without significant
new revenue sources the 71.48 will probably increase in 1990 as development
related revenue projections are reduced.
Total 1989 general fund personal services costs are budgeted $6,804,650, a 58
increase in that appropriation to cover step increases, cost of living increases
and full year costs for 1989 new employees would require $340,233.
Based upon the new program for capital equipment acquisition implemented during
the 1989 budget process, the following amounts are available for the purchase
of major equipment outside general fund revenues:
1989 Equipment Revolving Fund Tax Levy $184,520
1990 Equipment Certificates 200.000
Total 384 520
You will note that this money is outside the general fund, however it requires
a portion of the levy limit as a funding source. In 1989 $400,000 of equipment
certificates will be sold as part of this same program.
General fund capital equipment purchases in 1989 were financed as follows:
Equipment Certificates
General Fund Revenues
Total
$ 400,000
708.270
51.108.270
Approximately $147,200 of the $708,270 could have been purchased through the new
revolving equipment fund if revenues had been available. The above table
excludes the $75,000 budgeted in the Storm Water Drainage Utility Fund for the
street sweeper and the $147,000 for the purchase of recycling containers financed
by the County grant.
The need for additional revenue sources, such as the storm sewer utility fund
that can generate a significant dollar amount, is essential to ensure continued
government services at today's level. The situation for 1990 is compared by many
metropolitan managers as similar to the 1981 calendar year when the legislature
cut local government aid after budgets were adopted by municipalities.
Both new and increased user fees for a number of local services should also be
considered. All fees including licenses and permits, recreation fees and other
functions will need to be analyzed.
It is anticipated that there will be no new general fund personnel proposed for
1990 or other large expenditure increases unless additional revenue sources can
be utilized. Each department head is reviewing their specific delivery of
services and will present 1) a recommendation for the 1990 operating budget and
2) an explanation of personnel and other capital expenses that would have been
requested to meet the increase in demand for basic services due to the continued
growth.
City Council direction regarding both revenue sources and expenditures would be
appreciated prior to the City Administrator developing the final budget during
June and July.
The schedule for truth and taxation is as follows:
Truth in Taxation Dates
August 1 Revenue Department certification of levy limit,
September 15, 1989 Proposed levy certified to Dakota County
November 10, 1989 Notice mailed to taxpayers (Not parcel specific -
noting change in levy and population)
November 10 -December 20,1989 Budget hearing is held - No published notice
required unless hearing is recessed to another
time.
December 28, 1989 Final certification of levy
(5 working days after
December 20)
'Per conversation with LMC - contained in tax bill not signed by Governor
Perpich.
/S/ Thomas L. Hedges
City Administrator
MINUTES OF...V:::6KCi�i::'M T1NG OF THE£. ....... ............................
MA10"UTY COUNCT-]y;
.:t:;)Iay 30, 19891:;::;;:;;.
A special City Council ftl a6 :iig:ioas held on May 30, 1989 in the Eagan
Municipal Center Building. Those present were Mayor Ellison and City Council-
members Egan, Gustafson, McCrea and Wachter. Also present were Director of Parks
and Recreation Vraa, Director of Public Works Colbert, Director of Community
Development Runkle, City Attorney Sheldon and City Administrator Hedges.
DANIEL' b.' IVE .'-tl 1YL` PK-O'FDSAL
Director of Parks and Recre4tt,ion Vraa;.presented revised drawings for
the proposed trail improvements on Dane::. Drive;:;: He stated that a neighborhood
meeting is scheduled for 7:30 p bf ;`nri' 31ihii: $;;nnd requested direction on the
matter. Steve Sullivan, Parks`and''E(ecreaCion Department Planner, presented a
drawing that illustrates the setback requirements for both east and west trail
location options. He stated that the boulevard narrows from Braddock Trail west
to a two foot to two and one-half foot setback if the trail is designed as an
eight foot bituminous width. After further review, it was determined by the City
Council that a bituminous trail:.:is more advantageous to both pedestrian and
bicycle movement than a five foot::*f4*.walk. Mayor Ellison stated that no formal
action is required to Daniel Drive':-Ud:t:::::::::.T. he item will reappear on the June
20, 1989 City Council agenda.
SIBLEY HILLS:i:3iRIVK: 'i:YRddECT 543R
City Administrator ".41"3s stated that the Sibley Hills Drive public
improvement project referenced'as 543R has been placed on hold due to a legal
question regarding the inability to assess certain properties and insure benefit
for the public improvements if ever challenged by a group of property owners.
City Attorney Sheldon stated that there is a legal question regarding the City's
ability to levy assessments agalne:t;:.pzgpett£es.;:Ghat did not have direct access
or abut the Skyline Road improveiit %'i : ::::DiYpCCOL:: Public Works Colbert reviewed
the proposed project and identified sevezai parcels along Lone Oak Road that were
proposed to be assessed for "indirect"::binefiG:::essociated with the street and
storm sewer improvements. He further stated thafi::�ll properties will be reviewed
by an appraiser to verify the proposed a:ssessmeuPI: to sustain any challenge that
could be raised against the City for the improdeinents.
City Council members questioned whether a new public hearing would
be required if the assessments changed for the proposed improvements. City
Attorney Sheldon stated that the scope of a .p.roject could not be increased
without a new public hearing, however, the eliip"�--iiation of certain parcels or a
decrease in the project's size does not require`'a new public hearing. It was
suggested that five (5) parcels :::2eiisp:;ACiCg:::? deleted from the project and
that this action be placed on the::JLltie::�:::;i9a4:'C:£:ky Council meeting as a consent
item for official Council action.
City Administrator Hoa.a stated that:::the concept of a storm water
utility user fee was introduced by..staff during..preparation of the 1989 budget
document. He further commented Cast staff was::4 rected to prepare additional
information regarding a storm watdt...9ex... ......! ,present a report during 1989.
Director of Public Works Colbert prov:de4T.::$itk&ound on the storm water drainage
utility stating that a user fee would 'Of6vide dedicated funds necessary to
operate, maintain and manage a municipal storm water drainage system. City
Attorney Sheldon stated that all Minnesota cities, under MSS 444.075 can
establish storm water drainage utilities in a manner similar to water and
sanitary sewer utilities. Public;:Ad:-V 9>:.IirttlExe-,tnt:;;Colbert stated that a number
of cities have established simi:ia'isfc9::::F!ich are used for wetlands
preservation and water quality control,:::%rosion'*hd sedimentation control and
storm water conveyance. He reviewed a proposed utility budget for 1990
explaining various costs proposed for eeeii, of tl'o::three (3) services addressed
in the study. The Director of Public:::Wrk4!.$tRte3 that as an example the pond
dredging and monitoring would be?-Y,Vokises'C'0,13e:red under wetlands, preservation
and quality control while pond inlet and outlet cleaning and street sweeping is .,
considered erosion and sedimentation control and renewal and replacement are
system improvements to be included under storm water conveyance. He further
explained the equation and method in which the calculation was established for
the storm drainage utility. City.Councilmember McCrea suggested that a new land
use category should be cons idereQ:.mt:quadraminium units stating that the single
family residential rate for allriFitl aPBrtmQnt dwelling units could create an
inequity. After further discussion it`was.:.:ztermined that a new category be
established for dwelling units in greater numb'e;,.:than the traditional duplex but
less than an apartment complex.
City Councilmembers iuA23e::-'suggestions regarding the necessity to
provide good publicity about C}e" proposed storm drainage utility fee and
suggested that the sample brochure be rewritten. The staff was directed to
proceed ahead with preparation of an ordinance, a revised list of rates and
timetable for the public hearing and eventual implementation of the storm water
user fees. There was no formal action taken on this item.
1990''''SiJDf:tT"PROM.......
City Administrator Hedges p;''sented:::financial information on the
forecast of revenues the City will recei�r8 for :its 1990 operating budget. He
stated that the actual property tax revenue iAic:rease from 1989 to 1990 is
estimated at $318,000. He stated that with a small increase in property tax
and a minimum increase in local government aide estimated at $20,000 it will be
difficult for the City to meet cost of living and inflationary adjustments
without the addition of new revenue sources in 1990. The City Administrator did
explain that certain expenditures such as computeY:::9quipment acquisition in 1989
will not be forecast as high in 1990 which wi . provide additional revenue
sources available for the general.;;Eund.;:.:.;Howe.Ver,,..it is the suggestion of both
the Director of Finance and the Cit .:.A4*ih :Siv:raet ::;that if other revenue sources
are to be increased, that increas s'not'be''made''to those categories that are
development related such as building permits. H6:::stated that it will more than
likely be the recommendation of staff that buildi. 4g:permits be reduced by ti small
amount each year so the general fund budget is not reliant on a source of funding
that will be much less as development decreases during the 1990's.
City CouncilmembersSgzesse'a'cutfYl about their restrictions and
the ability to raise additional';:;property tax tensed by the Omnibus Tax Bill.
City Administrator Hedges further..$tated that the need for increased expenditures
in a growth related organization ::. s extreme.ky difficult given the type of
restriction that have been placed 'ad::Ch4::City.:::liji: 3% levy limit and essentially
no increase in local government aid''i{jg:;eI:�+j'Administrator was commended for
the approach used in preparing this year's operating budget by forecasting the
revenues and restricting each department to a reasonable level of expenditures.
The City Administrator stated that each department is preparing a draft budget
and as soon as they are received by the City Administrator and compiled into a
city-wide operating budget the for City Council review.
There is no action required on
There being no
Date
OTHER
ting was adjourned at 9:45
MAI
SPECIAL CITY COUNCIL MEETING
TUESDAY
MAY 30l 1989
7:00 P.M.
I. ROLL CALL @ ADOPTION OF AGENDA
II. DIRECTION RE: DANIEL DRIVE TRAIL PROPOSAL
III. UPDATE ON SIBLEY HILLS DRIVE) PROJECT 543R
IV. STORM WATER UTILITY USER FEE PROPOSAL
V. DISCUSSION RE: 1990 BUDGET PROPOSAL
VI. OTHER BUSINESS
VII. ADJOURNMENT
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: MAY 25l 1989
SUBJECT: SPECIAL CITY COUNCIL MEETING/MAY 30v 1989
The Special City Council Meeting was set for the purpose of
discussing the 1990 general fund operating budget. The agenda
includes an item entitled "Storm Water Utility User Fee Proposal"
and "Discussion Regarding 1990 Budget Proposal". The Storm Water
Utility User Fee Proposal is a new revenue source that was
discussed last fall when the 1989 budget was prepared and adopted
and after direction of the City Council, a report has been prepared
that addresses this proposed user fee concept.
The staff has identified some problems with the proposed financing,
mainly the proposed method of assessments, for the Sibley Hills
Drive improvement project. Before the staff proceeds further with
the project, direction is required on the part of the City Council.
Also, an informational meeting is scheduled for June 8 with
property owners abutting the location for the proposed Daniel Drive
trail, and staff needs a direction by the City Council in
preparation for that meeting.
It is anticipated that both the Daniel Drive trail and update on
the Sibley Hills Drive improvements should take no longer than 40
minutes, allowing for the remainder of the workshop session to be
spent on guidelines and discussion regarding the Storm Water
Utility User Fee and 1990 budget.
DANIEL DRIVE TRAIL PROPOSAL
At the May 15 City Council meeting, the Daniel Drive trail proposal
was continued to the June 20 City Council meeting. City staff was
directed to prepare a new trail alignment from the east side of
Daniel Drive and hold an informational meeting to discuss the
proposed improvements with the neighborhood. A neighborhood
meeting is scheduled for 7:30 p.m. on June S. The Director of
Parks & Recreation has received a number of calls from residents
in the Northview Meadows Addition, east of Daniel Drive, objecting
to the trail being placed adjacent to their property. Ken would
like a few minutes to discuss a couple of issues pertaining to the
trail alignment and receive proper Council direction prior to the
informational meeting.
UPDATE ON SIBLEY HILLS DRIVE, PROJECT 543R
The Sibley Hills Drive Public Improvement Project, referred to as
Project 543R, is one of the more difficult projects the City has
had to plan for several years, due to the hodgepodge of existing
development along with proposed new development. A public hearing
was held, and the project has been ordered in by official City
Council action. Our City Engineering Department along with
consulting engineers have been preparing the final plans and
specifications so the public improvements can proceed during 1989
as originally proposed. However, recently the project was placed
on hold due to a legal question regarding the inability to assess
certain properties and insure benefit by the public improvement if
ever challenged by a group of property owners.
At the public hearing the financial plan includes properties that
have direct access to roads that are proposed for improvement, as
well as properties that do not have direct access but will receive
the benefit of the roads at some point in the future when their
property is developed. The assessment calls for requalification
that was directed by the City Administrator. The City Attorney has
raised questions regarding the ability to levy assessments against
Properties that do not have direct access or abut the Skyline Road
improvements. Also, to compound the issue, a resident has
submitted a copy of a restrictive covenants that does not allow
lots over subdivisions to be split until the year 2000, which
impacts the financial plan that anticipated the collection of
special assessments against those properties.
In summary, as the staff has reviewed the project in greater
detail, it appears that if there is a legal question as to whether
the City can assess certain properties, the financial participation
on the part of the City could increase substantially. The City
Administrator feels that rather than proceed with the project and
incur large liability against the street construction, at a latter
date, it was better to place the project on temporary hold and
discuss the matter with the City Council before proceeding any
further. The City Attorney, Director of Public Works and City
Administrator will provide a brief update at the meeting on
Tuesday, so the Council is aware of the problems the staff has
encountered in the past few weeks regarding the proposed
improvements.
STORM WATER UTILITY USER FEE PROPOSAL
The concept of a storm water utility user fee was introduced by
staff last year when the 1989 budget document was prepared. The
City Administrator was directed to prepare additional information
regarding the storm water user fee concept and present a report
during 1989.
The Director of Public Works, the City's consultant, Jerry Bourdon
of the firm Bonestroo, Rosene and Anderlik, Director of Finance and
other support staff along with the City Administrator have prepared
a report. A copy is attached for your review for consideration by
the City Council. The City Attorney has been involved in meetings
to insure the legality of implementing this type of user fee. An
ordinance was prepared, copies enclosed for your review, which
provides the legislative framework to implement the program.
As previously stated, the purpose and need for creating a storm
water drainage utility was explained in the attached report
prepared by Jerry Bourdon with the direction and input of members
of the City staff. Included with the information is a mock
brochure that can be mailed out to each resident once the billing
cycle is established for implementation.
1990 BUDGET PROPOSAL
The City.Administrator and Director of Finance are analyzing the
amount of property tax and local government aid the City will
receive in 1990. The Director of Finance and City Administrator
will provide additional comments on Tuesday and also comment on
other revenue sources that comprise the remaining 29% of the
operating budget.
In addition to the projection of revenues, the City Administrator
will also provide a draft budget forecast of expenditures which
illustrates certain accounts that require adjustments due to
inflation or our expanded growth.
Following the Tuesday evening discussion and direction from the
City Council regarding any adjustment to revenues or expenditures
and once the departmental budgets are received on June 6, a draft
budget can be compiled during the month of June. For additional
information on this item refer to the attached memo.
OTHER BUSINESS
There are no other items for Other Business at this time.
/S/ Thomas L. Hedges
City Administrator
Report for
Storm Water Drainage Utility Plan
Eagan, Minnesota
April 1989
File No. 49482
Bonestroo
NEW Rosene
Anderlik &
Associates
Engineers & Architects
St. Paul, Minnesota
Sonestroo
Rosene
U -ILA
Anderlik &
Associates
Engineers & Architects
May 17, 1989
Mr. Tom Colbert
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55121
Otto G. Boneumo. P.E.
Rooen W. Roane, P.E.
Joseph C. Mdedik. P.E.
Bradford A, Lemberg. PE,
Richard E. Turner, PE.
James C. Olson. P.E.
Glenn R. Cook. P.E
hoE.
Tmas . Noyes. P.E.
Roden G. Schun¢ht, P.E.
Marvin L.Sorvala, PE.
Re: Storm Drainage Utility
file no. 49482
Dear Tom:
Keith A_ Gordon. P.E.
Richard W. Fogel. PE.
Donald C. Burgardt. P.E.
Jerry A. Bourdon, PE.
Mark A. Hanlon, P.E.
Ted K N.Id, P.E.
Micnael T Rautmann. P.E.
Robert R. Plellerle, P.E.
David O, tnskoa. P.E.
Thomas W. Peterson. P.E.
Muhael C. Lynch. P.E.
James Rr Wand. PE.
Kenneth P. Anderson. P.E.
faith A. Ofo mann, P.E:
Mark R, Rolls, PE.
Robert C. Russek. A.LA.
Thormas E. Angus, PE.
Howard A, Sanford, P.E.
Charles A. Erickson
Led M. Pa velsky
HJllan M, Olson
Susan M. Ebeom
Mark. A. Sup
Enclosed is the Storm Drainage Utility Plan report. This plan outlines
the goals, philosophy and approach to establishing a storm drainage
utility for the City.
We recommend that the City Council review the enclosed information. To
proceed with the formation of a storm water utility the advice of legal
council is appropriate. We suggest that a public meeting and a mailing
brochure be considered as a part of the implementation process.
There are facets of this report that will be of interest to various
parties. We are available to meet and discuss the details of this
report at your convenience.
Yours very truly,
Jerry Bourdon
d: storm
f.
2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636.4600
CITY OF EAGAN
STORM WATER DRAINAGE UTILITY PLAN
INTRODUCTION
This report discusses the purpose and needs for creating a Storm Water Drainage
Utility in Eagan. Included is a proposed budget and a fee schedule for revenue
collection.
BACKGROUND
The purpose of a Storm Water Drainage Utility is to provide dedicated funds
necessary to operate, maintain and manage a municipal storm water drainage
system. All Minnesota cities, under MSS 444.075, can establish Storm Water
Drainage Utilities in a manner similar to Water and Sanitary Sewer Utilities. A
Storm Water Drainage Utility allows cities to charge all property an established
quarterly charge for storm drainage expenditures. The charges are billed in
combination with other utility bills. Similar utilities have recently been
established in Roseville, Richfield, Fridley, Shakopee, St. Paul and other
communities.
Eagan's storm water drainage system consists of an extensive and complicated,
system of sewers and drainage facilities. It is estimated that the system
comprises:
215 miles of pipes,
3,000 catch basins and drainage structures,
340 ponds,
700 pond inlet and outlet structures, and
20 lift stations.
A system of this size and complexity requires active operation and maintenance
attention to assure optimum system performance and to protect the City's
substantial investment in the basic infrastructure through preventative
maintenance designed to prolong the life of the facilities.
Traditionally storm drainage systems have not been operated and financed as user
benefiting utilities such as a water or sanitary sewer utility. However, a
storm water drainage system is similar to a water supply and distribution system
or a sanitary sewer collection and treatment system. It has similar operation
and maintenance needs and provides a specific user with a benefited service.
The basic advantages to operating a storm drainage system as a utility are
better operation, maintenance and management of the system. These advantages
are derived from the mode of operation and dedicated funded that is provided by
the creation of a Storm Water Drainage Utility.
BENEFITS OF IMPLEMENTING A STORM WATER DRAINAGE UTILITY
Because of the competition for funding among the City's various needs, certain
beneficial storm drainage system operation, maintenance and improvement
activities are unfunded or under funded. The purpose of creating and
d:storm , f;report2b
DRAFT
implementing a storm water drainage utility in Eagan is to provide for an
equitable method of funding needed additional and/or improved storm water
drainage services. The proposed additional services will benefit the city by
protecting its lakes, ponds and wetlands from the adverse effects of urban storm
water runoff and by assuring better performance of the existing system.
Eagan's specific additional needs are:
* WET LANDS PRESERVATION AND WATER QUALITY CONTROL,
* EROSION AND SEDIMENTATION CONTROL, AND
* STORM WATER CONVEYANCE.
These needs are described in more detail in the following section.
NEEDS
WETLANDS PRESERVATION AND WATER QUALITY CONTROL: Eagan has 340 lakes, ponds and
wetlands that are valuable natural resources and community assets. Studies show
that urban storm water runoff into wetlands can have a detrimental effect upon
these resources.
Eagan has recognized the need to address this problem and has established-
wetlands preservation and storm water runoff quality control as a high priority.
Studies have been conducted by the watershed district and Eagan to inventory,
classify, set priorities and identify remedies. These studies are in their
final stages of development. The final recommendations and conclusions are not
yet available. However, the specific initial needs are well enough known that
they should be implemented immediately. These needs are:
* implementation of the storm water drainage utility,
+ the implementation of the water quality sampling and monitoring
program, and
* the implementation of a pond dredging and maintenance program.
Soon the specific needs and priorities of water quality improvements will be
identified. They will likely include, in addition to the above, public
education programs and the construction or implementation of drainage system
modifications, such as:
* the construction of sedimentation and nutrient traps,
* installation of aeration systems,
+ system modifications to cause pond bypass of first flush runoff, and
* system modifications to increased detention time for nutrient removal
EROSTON AND SEDIMENTCONTROL: Although the prevention and control of erosion is
an integral part of the City's water quality efforts, it is separately addressed
in this report because it also causes other benefits and its activities are
unique from the water quality program's activities.
The primary activities of the prevention and control of erosion and sediment
are:
* Street sweeping,
* Storm sewer pipe and catch basin cleaning, and
d:storm , f;report2b
DRAFT
* Inspections and enforcement of preventative measures.
STORM WATER CONVEYANCE: Storm water conveyance needs consist of the essential
activities necessary to properly operate and maintain a collection and
conveyance system. Routine and systematic operation and maintenance of the
system better assures optimum performance of flood protection and water quality
control. Some needed operation and maintenance activities are not currently
implemented or are only partially implemented due to funding constraints.
Specific unfunded or underfunded needs within this category include:
* Renewal and replacement: This need consists of repairs and replacement
of components of the existing system as they wear out or require
rehabilitation. (The electrical and mechanical components of the
system's lift stations are a primary' example of this need.)
* System improvements: This need consists of the construction of
additional drainage facilities not previously contemplated under the
trunk or lateral system programs. Improvements such as increased
discharge capacities of piping systems due to unforeseen events such as
higher density development or new design criteria for storm drainage and
rater quality are examples tf this need.
* Operation and maintenance: This need consists of a more systematic and
routine program of operation and maintenance activities to assure optimum
system performance and to protect the City's investment in the system by
performing cost effective preventative maintenance. Examples of this
need are: routine pipe televising, cleaning and pond inlet and outlet
structure maintenance.
d:storm , f;report2b
DRAFT
COSTS OF THE STORM WATER UTILITY
Some of the activities of the storm water utility are currently financed through
the general fund. Although all of the activities of the Storm Water Utility
could be financed by the Utility's billings, the immediate concern is the
implementation of a storm water utility to finance the currently unfunded and
underfunded needs for wetlands preservation and water quality control and more
intensive operation and maintenance programs. Therefore the proposed initial
scope of funding through the Utility's billings incorporates to the following
activities.
TABLE 1
PROPOSED UTILITY BUDGET FOR 1990
------ee-maaae-asae�sae
Gun Club Water shed District Costs ------ $ 20,000
Water Quality Improvement Planning and
Implementation -------------------------- 30,000
Sampling and Monitoring ----------------- 15,000
Pond Dredging --------------------------- 25,000
Street Sweeping ------------------------- 75,000
Pond Inlet and Outlet Cleaning ---------- 50,000
Renewal & Replacement -------------------- 130,000
System Improvements ---------------------- 50,000
TOTAL 395,000
PROPOSED CHARGES
The charges of the storm water drainage utility are based upon the user's
responsible share of the cost of the service. This is an equitable and
practical means of financing the services of the Utility. The basic equation
for setting the utility charges is:
Total annual revenues needed
------------------------------ - Annual Fee Unit Rate
Total runoff
d:storm , f;report2b
DRAFT
To most equitably spread the Utility's costs among the users, the following
criteria was used as the basis for the hydrologic aspects of the fee structure
model.
+ model storm - 5 frequency, 24 hour event (3.5 " rain as per soil
conservation service charts)
* hydrologic soil type - Type B
* Typical residential unit: 0.5 acres, 26Z impermeable surface.
As a practical matter all residential properties will be charged the same based
upon the amount of runoff from a typical residential unit for the model criteria
previously presented. This runoff amount is defined as the "Residential
Equivalent Factor" (REF) and is the basic unit of the fee structure. The rate
charged to a non residential property is based upon the number of Residential
Equivalent Factors of the property (how many times more run off is caused by the
non residential property than is caused by standard residential property). The
non residential properties were evaluated individually to determine the number
of residential equivalents of the property. The following summarizes the
residential equivalent inventory of the city.
TABLE 2
RESIDENTIAL EQUIVALENT DETERMINATION SUMMARY,
TOTAL
RESIDENTIAL
LAND USE EQUIVALENTS
-----------
-----------
Residential property (low density) 11,153
Apartments/Condominiums 1,508
Schools 598
Commercial/Industrial 8,253
Churches 243
Golf courses/cemeteries 296
TOTAL 22,051
d:storm , f;report2b
DRAFT
The following equation presents the results of the fee calculation for the
Residential Equivalent Factor for the Eagan Storm Drainage Utility.
TOTAL ANNUAL UTILITY EXPENSES
-----------------------------
TOTAL NUMBER OF RES. UNITS
$395,000
22,051
FEE FOR EAGAN REF
$ 17.91 < annual cost REF
_ $ 4.48 < quarterly bill
The following table presents a summary of the typical (average) annual rates
proposed to be charged for each category of land use.
TABLE 3
LAND USE
----------------------
REF
-----
QUARTERLY
--------------
RATE
Residential
1.00
$ 4.48
/
residence
Apartments
3.64
16.31
/
acre
Schools
2.14
9.58
/
acre
Churches
2.44
10.92
/
acre
Commercial/Industrial
4.79
21.49
/
acre
Golf courses
1.14
5.10
/
acre
CONCLUSION
The creation of a storm water utility is an equitable and practical way to
finance the unfunded needs of wetlands protection and additional maintenance and
operation activities. The recommended actions necessary to proceed with
implementation of the Storm Water Drainage Utility are:
1. Set a date for a public meeting,
2. Authorize the preparation and mailing of a brochure on the utility, and
3. Set a Council meeting date to considering adoption of the Utility
Ordinance.
The attached documents are included as appendices to this report.
1. A sample brochure which could be distributed to the public.
2. A draft of the proposed ordinance prepared by the City attorney.
3. A list of non residential property and their REF's.
d:storm , f;report2b
DRAFT
EDWARD B. McMENOMY
LARRS S_ SEVERSON•
JAMES F. SHELDON
J. PATRICK W'IU'OX•
TERENC'E P. DURKIN
MICHAEL(;. IM) IGHERTY
REID J. HANSEN
MICHAEL E.MOLENDA—
•ALSO LIC'4:NSF.0 I\ IOWA
"ALSO LICF.NSEP IN WI.S( ONSIN
tALSU LR ENSKII 16 NEHRASKA
May 1, 1989
Tom Hedges
City Administrator
City of Eagan
3830 Pilot Knob Road
P.O. Box 21199
Eagan, MN 55121
McMENOMY & SEVERSON
A PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
OWREPLY TO:
73M WEST MTTH STREET
P.O. BOX 243M
APPLE VALLEY, MINNESOTA M124
TELEFAX NUMBER 432-3160
(612) 43531N
❑ REPLY TO:
M430 SOUTH ROBERT TRAIL
ROSEMOUN . MINNESOTA MM
(612).2111M
PAUL J. STIRR
PATRICK W. STEW'ART
KEVIN P. CARROLL
KENNETH R. HALL
SCOTT D. JOHNSTONt
JOSEPH P. EARLES
MARLL. GOLIKE
MICHAEL C. WCANN
OF CUUN44:L:
LEONARD F. HIRNAT
JOHN E. VUKELICH
RE: An Ordinance Adding Sections to the City Code of the City
of Eagan Establishing a Storm Water Drainage Utility and a Storm
Water Drainage Improvement District
Our File No.: 206-5376
Dear Tom:
I enclose for your review a proposed ordinance establishing a storm
water utility and storm water tax improvement district for the City
of Eagan. Statutory authority for the utility and storm water tax
improvement district are contained in Minnesota Statutes 5444.1075
through S444.21.
Under the terms of the statutes, the City is permitted to adopt an
ordinance which allow it to build, construct, reconstruct, repair,
enlarge, improve or in any other manner obtain appropriate storm
sewer service. (Minnesota Statutes 5444.075, Subd. 1(a)) In addition,
pay for the construction, reconstruction, repair, enlargement,
improvement or other obtainment and the maintenance, operation, and
use of the facilities, the governing body or the municipality may
impose just and equitable charges for the use and for the
availability of the facilities and for connections with them...
(5444.075, Subd. 3)
The charges made for the service directly rendered shall be as nearly
as possible proportionate to the cost of furnishing the service and
sewer charges may be fixed on the basis of water consumed, or by
reference to a reasonable classification of the types of premises to
which service is furnished, or by reference to the quantity,
pollution qualities and difficulty of disposal of sewage and storm
water produced, or on any other equitable basis, including, but
without limitation, any combination of those referred to above.
(S444.075, Subd. 3)
McMENOMY & SEVERSON
A PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
Tom Hedges
May 1, 1989
Page Two
In determining the reasonableness of the charges to be imposed, the
governing body may give consideration to all costs of establishment,
operation, maintenance, depreciation and necessary replacements to
the system, and of improvements, enlargements, and extensions
necessary to serve adequately the territory of the municipality...
(5444.075, Subd. 3)
It is my understanding that the City Engineer's office and consulting
engineering people have been working up the appropriate numbers and
proposed charges for the Council to review.
The responsibility and obligation of the City Council is to impose
just and equitable charges. The utility portion of the storm sewer
drainage ordinance is similar to the City's water utility. The storm
sewer would be billed along with the water bills. The tax improvement
district is being set up at this time to coordinate this with the
utility.
Minnesota Statutes S444.17 provides that the Council may by ordinance
adopted by two-thirds vote of all of its members establish within in
its corporate limits a storm sewer improvement tax district. A public
hearing must be held and notice of the public bearing must be
published for two successive weeks in the official newspaper of the
municipality with the last notice to be at least seven days prior to
the date of the bearing. Once adopted, the ordinance shall be filed
with the County Auditor and the County Recorder.
While no improvement for which a tax would be levied is contemplated
at this time, the enabling statutory legislation is less than clear
on this matter. Minnesota Statutes 5444.17, requires a two-thirds
vote, notice and hearing to establish a tan district.,,The statute
does not make clear reference to whether that is also required for
utility. Under the circumstances, our advice is that the City would
be better off safe than sorry under this scenario. Any challenge to
the storm water utility charge would necessarily center on the method
of its calculation and the method of City adoption of the utility.
While on its face it does not appear that the tax district and the
utility are directly connected, at least statutorily, that statute is
unclear. It is therefore our advice that the district for tax
improvement and the storm water utility be adopted at this time.
However, it is not intended that any tax be levied at this time or
any improvement for which a tax would be levied would be constructed
at this time.
„' c. . 'j `1..
McMENOMY & SEVERSON
A PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
Tom Hedges
May 1, 1989
Page Three
Please contact me if you have any questions.
Very truly yours,
McMENOMY & SEVERSON, P.A.
James F. Sheldon
J FS/dj k
Enclosure
cc: Tom Colbert
Gene VanOverbeke
CITY OF EAGAN
ORDINANCE NO. 3.10 AND 3.11
AN ORDINANCE ADDING SECTIONS 3.10 and 3.11 TO THE CITY CODE OF THE
CITY OF EAGAN ESTABLISHING A STORM WATER DRAINAGE UTILITY AND A STORM
WATER DRAINAGE IMPROVEMENT DISTRICT.
The City Council of the City of Eagan does hereby ordain:
1. That the City Code of the City of Eagan is amended by adding a new
section 3.10 and 3.11 to the City Code of the City of Eagan, to read
as follows:
Sec. 3.10. Storm Water Drainage Utility.
Subd. A. Storm Water Drainage Utility Established. The municipal
storm sewer system shall be operated as a public utility
pursuafit to Minnesota Statutes §444.075, et seq., from which
revenues will be derived subject to the provisions of this
Chapter and Minnesota Statutes. The storm water drainage utility
will be a part of the City of Eagan Public Works Department and
under the administration of the Public Works Director.
Subd. B. Storm Water Drainage Fees. Storm water drainage fees
for parcels of land shall be determined by resolution of the
City Council of the City of Eagan and shall be just and
equitable.
Subd. C. Exemptions. The following lands are exempt from storm
water drainage fees:
1. Public rights-of-way.
2. Vacant, unimproved land with ground cover.
3. City of Eagan owned property.
Subd. D. Billings. Bills for charges for the use and service of
the storm drainage system shall be made out by the Finance
Department in accordance with the usual and customary practice.
All bills shall be payable at the office of the City Finance
Director.
Subd. E. Delinquency and Collection. The charges shall be
delinquent if unpaid at the close of business on the due date
shown on the billing. A penalty of 108 thereof shall be added,
and become a part of, all delinquent charge's. Payment for the
service and charges shall be the primary responsibility of the
owner of the premises served and shall be billed to the owner
unless otherwise contracted for and authorized in writing by the
owner and such other person, and consented to by the. City of
Eagan. The City may collect the same in a civil action. Each
charge is made a lien on the premises served. Any charge more
than 45 days past due may, when authorized by resolution of the
Council, be certified by the City Clerk -Treasurer, to the County
Auditor and in so certifying shall specify the amount thereof
together with a certification charge (preparation for
certification of taxes of delinquent accounts).
Such action may be optional or subsequent to taking legal action
to collect delinquent accounts.
Subd. G. Revenues. All revenues derived from those rates and
charges shall be credited to the storm water drainage utility
f un'd.
Sec. 3.11. Storm Water Improvement District. The entire geographical
City of Eagan, Dakota County, Minnesota, is hereby established as the
Eagan Storm Water Tax Improvement District.
This ordinance shall be in force and effect from and after its
passage and publication according to law.
ATTEST:
By:
Its: Clerk
Date Ordinance Adopted:
CITY OF EAGAN
City Council
By:
Its: Mayor
Date Ordinance Published in the Legal Newspaper:
-2-
How Win My Money
be Used?
wM lands Pmervedw
Ord ww oUOwYCw*d
•�an�oaps.,rica�
• swa Water sawpft
•sc&mcat"nPo"
23 %
32 %
Eke" M4
Gmtsol
• saau s.ea,s
°so=cbwft
.,upccfim nd
Harot=M"
I I
Get The Facts On........
W0 �Z
�a a� wWF
o C rl H Q I 1°rt'iiNd$e
pdza QON
$t®
m j a N U¢ ®rainage Utility
I !
I
OEr 7HE FACTS OH
I I II I'II�.II
Ir STORM
DRAINAGE
UTILITY
g 104
l!!Ib':
Il
Eagan plans to use a'nW
G I technique to pay for file costs
tJ of managing storinwater
s 0 6 I runoff._
A SWMNM er Dralnage Utlllly
Thlsieaflet Is prepared to
Introduce you to tits
new utilityand answer
i your questions.
I
Why Must We Manage
Storm Drainage?
Storm drainage lac0ides must he bu ft
maintained and renewed to control
runnifin order Inc.
e PrMed people and prop"
• Provide forsahtraWe ftw
• Rhes ce the envisomme d
• Improve psepatyalaea
• 1tedueaimmraaoerisb
ft is estimated that Baffta%stamewatW
dranagoryucincomprimot
215 ... miles of pipe$
3,000 ... eauldm us and manholes
340 ... pool
700 .. pond structures
20 ... liRstations
A system of this sole and oomphn q w
quires active operation and maintenance
to assure optimum "em perfasmance
and to prolong the Lk of the f cAides.
Vllhat Is a Storm
Drainage Utility?
A storm drainage utility
provides a service similar to
the water and sanitary sewer
O d O 'udHdm like the sanitary
sewer utility fee, the Storm Drainage
Utility fee is band 0n the amount of
urates chat L otisehetged roto the gstea.
For instaoM a parking lot creates more
nmoff than a grass area of the same sere,
so it pays a higher rate.
This way, the citizens of Eagan will pay
for the management of stormwater in
proportion to the amount of water they
'contribute.' a fee NOT based on the
vaWe of their prop"
Why Is a Utility Needed?
itagao is facing additional needs to meet
the faawiug stormwater ImMu went
• Vetiands praeervatioa anal oder
quail4 centrd.
• 1;80511011 and sesi mmbdm
control, and
• Operation and Maintenance of
Stasstmwfacumiies
These additional services will benefit the
city by protecting its lakes, ponds, and
wettaods from the adverse effects of
urban siormwater ru mA Comequentlys
the existing draioapfflood control sys-
tem will perform better
Costs for these additional activities. com-
bined with the money spent for on-going
storm drainage maintenance each year,
represent a major expenditure. Today,
most stormwater costs are paid by using
property taxes. Once implemented, the
Stora Drainage UtWty will tweet these
rising costs in a fair and equitable men-
mer. without additional burden b the
property lax rolls.
What is My share of
the Costs?
A SWrmwafor Drai
Utility hill far each pro propeef<y
is based upon the relative
l amount of rdneff a properly
dl0chargea talo the system. More inter
sh* developed property such as com-
mercial or industrial property generate
mac runoff and thereinto para higher
rats"
The gowIe*dued fain 1959 fora
Siople Family Homer;, Duplexes and
Toomhouses is $
The average quarterly ffm in 1989 for
various types of other propertle s ave
.shownbelaw..
• Apartmetu and Cbndas $116311mve
• Schook ..........S 9d51111ese
• Churches .........$10.9210180
• Golf courses ...... SMOMM
• cemmercial/I11dtutrid .$ 2LAIMIneae
Your storm dr dsW fee vd0 be ineioded
on the swavater and sewer hill y011
e eceive each quarter.
• Fees for each type of these properties
were determined on a individual basis.
The rates shown are average fees.
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMB ERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: MAY 25, 1989
SUBJECT: 1990 GENERAL FUND BUDGET
Due to the uncertainties required of this year's new regulations to conform to
truth and taxation legislation, the 1990 budget process began one month earlier
than previous years. Department heads were given direction in late April to
prepare their departmental budgets during the month of May to be reviewed by the
City Administrator.in June.
It is expected that total revenues will increase very slightly in 1990. The levy
limit base which consists of the allowable tax levy (non -debt service) and local
government aid is estimated to be as follows compared to 1989:
Increase
1989 19901 Amount Percentage
Tax Levy Limit $6,863,370 (87.28) $7,484,422 (87.98) $621,352 9.18
Local Governmental 1.007.917 (12.88) 1.028.075 (12.18) 20.158 2_08
Aid
Levy Limit Base 57.871.287(100.08) 58.512.797(100.08) 641 510 8.28
Allocated in Budget:
General Fund $7,284,1452 $7,807,847 $523,702 7.28
Major Street Fund 402,625 442,800 40,175 10.08
Equipment Revolving 184.520 262.150 77.630 42.18
Fund
$7.871.290 ,$8.512.797 641 510 8.28
Calculations are based on conversation with LMC -contained in tax bill not•
signed by Governor Perpich.
2The general fund also utilized the $205,700 special levy making a total of
$7,489,845 available from taxes and local government aid. The actual tax
related revenue increase from 1989 to 1990 is therefore $7,807,847 -
$7,489,845 or $318,002 as opposed to the $523,702 shown.
Property taxes and local government aid represent 71.48 of the 1989 General Fund
Budget of $10,495,000. ($7,489,845 - $10,495,000 — 71.48) Without significant
new revenue sources the 71.48 will probably increase in 1990 as development
related revenue projections are reduced.
Total 1989 general fund personal services costs are budgeted $6,804,650, a 58
increase in that appropriation to cover step increases, cost of living increases
and full year costs for 1989 new employees would require $340,233.
Based upon the new program for capital equipment acquisition implemented during
the 1989 budget process, the following amounts are available for the purchase
of major equipment outside general fund revenues:
1989 Equipment Revolving Fund Tax Levy $184,520
1990 Equipment Certificates 200.000
Total 384 520
You will note that this money is outside the general fund, however it requires
a portion of the levy limit as a funding source. In 1989 $400,000 of equipment
certificates will be sold as part of this same program.
General fund capital equipment purchases in 1989 were financed as follows:
Equipment Certificates
General Fund Revenues
Total
$ 400,000
708.270
51.108.270
Approximately $147,200 of the $708,270 could have been purchased through the new
revolving equipment fund if revenues had been available. The above table
excludes the $75,000 budgeted in the Storm Water Drainage Utility Fund for the
street sweeper and the $147,000 for the purchase of recycling containers financed
by the County grant.
The need for additional revenue sources, such as the storm sewer utility fund
that can generate a significant dollar amount, is essential to ensure continued
government services at today's level. The situation for 1990 is compared by many
metropolitan managers as similar to the 1981 calendar year when the legislature
cut local government aid after budgets were adopted by municipalities.
Both new and increased user fees for a number of local services should also be
considered. All fees including licenses and permits, recreation fees and other
functions will need to be analyzed.
It is anticipated that there will be no new general fund personnel proposed for
1990 or other large expenditure increases unless additional revenue sources can
be utilized. Each department head is reviewing their specific delivery of
services and will present 1) a recommendation for the 1990 operating budget and
2) an explanation of personnel and other capital expenses that would have been
requested to meet the increase in demand for basic services due to the continued
growth.
City Council direction regarding both revenue sources and expenditures would be
appreciated prior to the City Administrator developing the final budget during
June and July.
The schedule for truth and taxation is as follows:
Truth in Taxation Dates
August 1 Revenue Department certification of levy limit,
September 15, 1989 Proposed levy certified to Dakota County
November 10, 1989 Notice mailed to taxpayers (Not parcel specific -
noting change in levy and population)
November 10 -December 20,1989 Budget hearing is held - No published notice
required unless hearing is recessed to another
time.
December 28, 1989 Final certification of levy
(5 working days after
December 20)
'Per conversation with LMC - contained in tax bill not signed by Governor
Perpich.
/S/ Thomas L. Hedges
City Administrator
MINUTES OF...V:::6KCi�i::'M T1NG OF THE£. ....... ............................
MA10"UTY COUNCT-]y;
.:t:;)Iay 30, 19891:;::;;:;;.
A special City Council ftl a6 :iig:ioas held on May 30, 1989 in the Eagan
Municipal Center Building. Those present were Mayor Ellison and City Council-
members Egan, Gustafson, McCrea and Wachter. Also present were Director of Parks
and Recreation Vraa, Director of Public Works Colbert, Director of Community
Development Runkle, City Attorney Sheldon and City Administrator Hedges.
DANIEL' b.' IVE .'-tl 1YL` PK-O'FDSAL
Director of Parks and Recre4tt,ion Vraa;.presented revised drawings for
the proposed trail improvements on Dane::. Drive;:;: He stated that a neighborhood
meeting is scheduled for 7:30 p bf ;`nri' 31ihii: $;;nnd requested direction on the
matter. Steve Sullivan, Parks`and''E(ecreaCion Department Planner, presented a
drawing that illustrates the setback requirements for both east and west trail
location options. He stated that the boulevard narrows from Braddock Trail west
to a two foot to two and one-half foot setback if the trail is designed as an
eight foot bituminous width. After further review, it was determined by the City
Council that a bituminous trail:.:is more advantageous to both pedestrian and
bicycle movement than a five foot::*f4*.walk. Mayor Ellison stated that no formal
action is required to Daniel Drive':-Ud:t:::::::::.T. he item will reappear on the June
20, 1989 City Council agenda.
SIBLEY HILLS:i:3iRIVK: 'i:YRddECT 543R
City Administrator ".41"3s stated that the Sibley Hills Drive public
improvement project referenced'as 543R has been placed on hold due to a legal
question regarding the inability to assess certain properties and insure benefit
for the public improvements if ever challenged by a group of property owners.
City Attorney Sheldon stated that there is a legal question regarding the City's
ability to levy assessments agalne:t;:.pzgpett£es.;:Ghat did not have direct access
or abut the Skyline Road improveiit %'i : ::::DiYpCCOL:: Public Works Colbert reviewed
the proposed project and identified sevezai parcels along Lone Oak Road that were
proposed to be assessed for "indirect"::binefiG:::essociated with the street and
storm sewer improvements. He further stated thafi::�ll properties will be reviewed
by an appraiser to verify the proposed a:ssessmeuPI: to sustain any challenge that
could be raised against the City for the improdeinents.
City Council members questioned whether a new public hearing would
be required if the assessments changed for the proposed improvements. City
Attorney Sheldon stated that the scope of a .p.roject could not be increased
without a new public hearing, however, the eliip"�--iiation of certain parcels or a
decrease in the project's size does not require`'a new public hearing. It was
suggested that five (5) parcels :::2eiisp:;ACiCg:::? deleted from the project and
that this action be placed on the::JLltie::�:::;i9a4:'C:£:ky Council meeting as a consent
item for official Council action.
City Administrator Hoa.a stated that:::the concept of a storm water
utility user fee was introduced by..staff during..preparation of the 1989 budget
document. He further commented Cast staff was::4 rected to prepare additional
information regarding a storm watdt...9ex... ......! ,present a report during 1989.
Director of Public Works Colbert prov:de4T.::$itk&ound on the storm water drainage
utility stating that a user fee would 'Of6vide dedicated funds necessary to
operate, maintain and manage a municipal storm water drainage system. City
Attorney Sheldon stated that all Minnesota cities, under MSS 444.075 can
establish storm water drainage utilities in a manner similar to water and
sanitary sewer utilities. Public;:Ad:-V 9>:.IirttlExe-,tnt:;;Colbert stated that a number
of cities have established simi:ia'isfc9::::F!ich are used for wetlands
preservation and water quality control,:::%rosion'*hd sedimentation control and
storm water conveyance. He reviewed a proposed utility budget for 1990
explaining various costs proposed for eeeii, of tl'o::three (3) services addressed
in the study. The Director of Public:::Wrk4!.$tRte3 that as an example the pond
dredging and monitoring would be?-Y,Vokises'C'0,13e:red under wetlands, preservation
and quality control while pond inlet and outlet cleaning and street sweeping is .,
considered erosion and sedimentation control and renewal and replacement are
system improvements to be included under storm water conveyance. He further
explained the equation and method in which the calculation was established for
the storm drainage utility. City.Councilmember McCrea suggested that a new land
use category should be cons idereQ:.mt:quadraminium units stating that the single
family residential rate for allriFitl aPBrtmQnt dwelling units could create an
inequity. After further discussion it`was.:.:ztermined that a new category be
established for dwelling units in greater numb'e;,.:than the traditional duplex but
less than an apartment complex.
City Councilmembers iuA23e::-'suggestions regarding the necessity to
provide good publicity about C}e" proposed storm drainage utility fee and
suggested that the sample brochure be rewritten. The staff was directed to
proceed ahead with preparation of an ordinance, a revised list of rates and
timetable for the public hearing and eventual implementation of the storm water
user fees. There was no formal action taken on this item.
1990''''SiJDf:tT"PROM.......
City Administrator Hedges p;''sented:::financial information on the
forecast of revenues the City will recei�r8 for :its 1990 operating budget. He
stated that the actual property tax revenue iAic:rease from 1989 to 1990 is
estimated at $318,000. He stated that with a small increase in property tax
and a minimum increase in local government aide estimated at $20,000 it will be
difficult for the City to meet cost of living and inflationary adjustments
without the addition of new revenue sources in 1990. The City Administrator did
explain that certain expenditures such as computeY:::9quipment acquisition in 1989
will not be forecast as high in 1990 which wi . provide additional revenue
sources available for the general.;;Eund.;:.:.;Howe.Ver,,..it is the suggestion of both
the Director of Finance and the Cit .:.A4*ih :Siv:raet ::;that if other revenue sources
are to be increased, that increas s'not'be''made''to those categories that are
development related such as building permits. H6:::stated that it will more than
likely be the recommendation of staff that buildi. 4g:permits be reduced by ti small
amount each year so the general fund budget is not reliant on a source of funding
that will be much less as development decreases during the 1990's.
City CouncilmembersSgzesse'a'cutfYl about their restrictions and
the ability to raise additional';:;property tax tensed by the Omnibus Tax Bill.
City Administrator Hedges further..$tated that the need for increased expenditures
in a growth related organization ::. s extreme.ky difficult given the type of
restriction that have been placed 'ad::Ch4::City.:::liji: 3% levy limit and essentially
no increase in local government aid''i{jg:;eI:�+j'Administrator was commended for
the approach used in preparing this year's operating budget by forecasting the
revenues and restricting each department to a reasonable level of expenditures.
The City Administrator stated that each department is preparing a draft budget
and as soon as they are received by the City Administrator and compiled into a
city-wide operating budget the for City Council review.
There is no action required on
There being no
Date
OTHER
ting was adjourned at 9:45
MAI