95-130
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.95-13
RESOLUTION ESTABLISHING CITY POLICY FOR COLLECTION OF A FEE FOR
STORM WATER IMPACT UPON SUBDIVISION OR INCREASE OF IMPERVIOUS
SURFACE OF PROPERTY WITHIN THE CITY, AND ESTABLISHING CITY POLICY
FOR RESPONSIBILITY FOR CONSTRUCTION OF DRAINAGE IMPROVEMENTS WITHIN
NEW SUBDIVISIONS.
WHEREAS, the City of Otsego has directed the City Engineer to
undertake a Storm Water Drainage Report for the City; and
WHEREAS, the City Engineer has completed such a report, and said
report, dated February, 1994, has been presented to the Council for
their review, and a public hearing was held on January 13, 1995 to
present the results of a preliminary draft of said report to all
interested members of the public; and
WHEREAS, said report indicates
problems throughout the City,
distinct watersheds; and
that there are extensive drainage
and divides the City into several
WHEREAS, the report recommends that specific funding mechanisms be
established to construct needed drainage improvements, acquire
necessary drainage easements, repair and maintain existing
facilities, and insure that those adding to the potential drainage
problems pay a fair and equitable share of the expenses
attributable to their activities; and
WHEREAS, the City Engineer has specifically recommended that a
system be established wherein those persons increasing the
impervious surface area of their property be assessed a specified
fee at the time that City approval for such increased impervious
surface area is obtained, said fee to fairly and equitably
represent the affect of such increased impervious surface area upon
the City storm water system; and
WHEREAS, the City Engineer has further recommended that the City
establish a specific policy regarding the responsibility for
construction of necessary drainage improvements when land is
subdivided within the City, or in cases where drainage improvements
are a necessary or required condition of granting a minor
subdivision, a conditional use permit, a Planned Unit Development,
or in any other case where changes in the land will affect drainage
and are subject to City review; and
WHEREAS, the City Engineer has recommended a policy wherein the
Developer, Property Owner or Applicant for any City reviewed land
use change would be responsible for construction of all necessary
drainage improvements as required by the City within the
subdivision or the subject property; and would also be responsible
for a separate fee, said fee to be based upon engineering studies
and feasibility reports establishing the affect of the proposed
land use change on city drainage, for the impact of the
improvements and increased impervious surface area on the City's
overall storm water system; and
WHEREAS, the City needs to acquire all necessary drainage easements
to effectuate a city wide drainage system at the time of review of
any proposed land change which will affect drainage.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of
Otsego, Minnesota:
1. That it is the policy of the City of Otsego that prior to
approval of any minor subdivision, plat, conditional use permit,
planned unit development, or other land use change (hereinafter
collectively referred to as "land use change") which will be
reviewed by the city which requires drainage improvements that:
A. A determination be made by the City Engineer as to what
drainage improvements are necessary within the proposed
land use change.
B. That the Developer, property owner, or applicant (hereinafter
collectively referred to as "applicant") provide proper plans
setting forth the location, capacity and other necessary
information regarding said drainage improvements.
C. That the Applicant enter into an agreement with the City,
as a condition of approval, in which the Applicant agrees to
construct the aforementioned drainage improvements to the
satisfaction of the City and further agrees to post, along
with other necessary financial guarantees, an amount of
security sufficient to insure proper installation of said
improvements upon terms and in form acceptable to the City.
D.That, as a condition of approval of said land use change,
that the Applicant dedicate to the City all necessary
drainage easements related to the impact of the land use
change on drainage, as determined by the City.
4 , A*
2. That it is the policy of the City of Otsego that prior to
approving any land use change, lot split, or building permit, the
granting of which is for the purpose of construction which will
affect drainage within the City, the City will require, as a
condition of approval, that the property owner pay to the City a
fee, as established by engineering studies or feasibility reports,
to cover the impact of additional storm water from said property on
the city system.
ADOPTED by the City
day of ,
IN FAVOR:
OPPOSED:
Council of the City of Otsego this � 7;OL
1995.
Norman MI. Freske, Mayor
Elaine Beatty, City CleyC
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