Loading...
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 W