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ITEM 6.2 Amending city code- 13-09 OrdinanceOtCkTY OF 0 M(NNESOTA g n1=PAPTMANT 1KIMPMATION Request for City Council Action ORIGINATING DEPARTMENT- REQUESTOR.' City Planner Licht MEETING DATE: 25 February 2013 PRESENTER(s): REVIEWED BY: ITEM #: City Planner Licht City Administrator Johnson 6.2 — SAC/WAC Fees $1,550/REC City Engineer Wagner 7,' 55 Finance Director Groen AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of an ordinance amending the City Code modifying the structure for SAC/WAC fees for multiple family, commercial, industrial and institutional uses to an area based charge. ARE YOU SEEKING APPROVAL OF A CONTRACT? I IS A PUBLIC HEARING REQUIRED? No. No. EAC( G RO U N D/J U STI F ICAT 10 N: City staff has continued with a review of the structure of the fees for sanitary sewer and water utilities. This effort follows changes made to the SAC/WAC fee structure on 13 August 2012 and completion of the Water and Sewer Rate Study. The focus of this current review is changes to the fee structure for sewer and water availability charges that fund construction of the trunk distribution and collection system pipes. ■ The structure of the water and sewer utility charges were previously divided into separate availability fees for the trunk distribution/collection pipes and connection fees for the operational facilities. Cost For Water Sewer Total Availability Charge Trunk Pipes $1,550/REC $2,135/REC $3,686/REC Connection Charge Working Facilities $1,550/REC $60405/REC 7,' 55 For residential uses, payment of the utility charges was structured to require payment of the lesser availability charges at the time of final plat approval and the greater connection charge at the time of building permit approval. The reason for this fee structure is to reduce the upfront costs related to utilities at a time when the developer is also required to input capital into land development and street construction. Commercial, industrial and institutional uses pay only availability and connection charges equal to one REC at the time of final plat approval as the actual number of RECs cannot be determined until the point at which building plans are submitted with application for a building permit. The balance of the availability and connection charges are then paid at the time the building permit 'is issued, This structure has the effect of transferring a significant expense from the developer to the builder if separate entities), which means the cost is more than likely a direct expense to the end user business. It can also result in a significant expense if there is a change in occupancy within an existing building that results in an availability/connection fee upcharge fora higher demand user. To relieve this issue, City staff has reviewed changing the calculation and payment of the utility availability charge for the trunk distribution/collection pipes. The capacity of the trunk distribution and collection pipes is fixed in the ground and has a set capacity to serve a given area. The City Engineer used an estimate average flow of 1,000gpd. per gross acre for commercial, industrial and institutional uses in relationship to the Future Land Use Plan to design the trunk collection/distribution system. used on the City's standard of 1 REC = 175gpd it can be established that the average estimated flow for commercial, industrial or institutional uses is equal to 1,000gpd per gross acre / 175gpd. = 5.57 RECs. per gross acre. However, a survey of utility ch a rges indicates th at other cities estimated an average flow of 3.5 RECs/gross acre for commercial, industrial and institutional uses (including some estimates based on actual water usage). used on this information, City staff recommends the City Council consider that the City Code be amended to require payment of utility availability charges for commercial, industrial and institutional uses as 3.5 RECs per gross acre. Payment of the utility connection charges would also be required to be made at the time of final plat approval. Payment of the utility connection charges would remain based on the calculation of the number of RECs for the specific use and pa[d at the time a building permit is issued. A change in occupancy to a higher service demand use would require an upcharge in the utility connection charge but there would be no additional utility availability charges. The proposed structure would also advance the cash flow to the City for payment of the water and sewer debt. Multiple family residential uses are also problematic to charge utility fees to under the current residential structure as the actual number of dwelling units within a proj I ect may not be determined at the same time as the plat approval. Multiple family uses are charged one REC per dwelling unit in accordance with the MetropolitanCouncil Environmental Services Procedures Manual. The manual does provide for a 20 percent discount in the number of RECs if the building has more than four dwelling units and has shared laundry facilities. Assisted living facilities are calculated at less than one REC per dwelling unit or bed. The Sanitary Sewer Plan estimated the average flows for high density residential uses as 9.0 REC 'gross acre, which is consistent with data from other cities. City staff recommends that the utility availability charges for multiple family uses also be changed to a fee based on the gross acreage of the subdivision paid at the time of final plat approval the same as what is outlined for commercial, industrial and institutional uses. "The City Previously approved changes to the City Code that allowed for the City toenter into agreements for specific projects to defer payment of the utility fees either to the time of building permit, by assessment to be paid over time or other options that would beprovided for byanagreement. These provisions allow the City flexibility asa potential incentive for new development. However, City staff's experienceis that the lack of development activity, especially for residential plats, has been due to the overall economyand the abundant supply offinished lots. Asthe economy improves and the inventory offinished lots has been drawn down, the City is again seeing interest and applications for plat approvals and expect this trend tocontinue. Asaresult, vve believe that the changes already implemented and those outlined above provide balance the need to encourage new development while ensuring the City maintains adequate revenue tomeet its debt andoperadona|finance needs. The Public Works Subcommittee reviewed the information outlined herein, at their meeting on 19 February 2013 and recommends approval. SUPPORTING DOCUMENTS: ii ATTACHED omowE A. Draft ofordinance 2Ol3'O9 B. Ordinance 2013-09 C. Development Fee Survey POSSIBLE MOTION Please word motion as you would like it to appear in the minutes. Motion toadopt Ordinance 2O13-09amending the City Code torevise provisions sewer availability charges. BUDGET INFORMATION BUDGETED: o YES D NO ACTION TAKEN oAPPROVED myREQUESTED oosw|Eo oTABLEo oOTHER (List changes) rnMM=m�q- ORDINANCE NO.: 2013-09 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE To REVISE PROVISIONS RELATED To WATER AND SEWER AVAILABILITY CHARGES. THE CITY COUNCIL OF THE CITY of OTSEGO DOES HEREBY ORDAIN: Section 1. Section 6-14D of the City Code is hereby amended to read as follows: D. Expansion and Redevelopment. If an existing use connected to the municipal utility systems is expanded or redeveloped so as to increase the number of RECs, additional water u4tyconnection charges and sever utg4gginnection charges shall be paid for the additional RECs at the current rate established by Section 2-4-2 of the City Code. There shall be no refund of water i yconnecti n charges or surer connection charges already paid if the expansion or redevelopment results in a reduction of the number of RECs. Section 2. Section 6-1-5.13 of the CityCode is hereby amended to read as follows; B. Water Availability Charges (WAC): 'I. The Water Availability Charge for one 1 REC shall be adopted by the City Council in Section 2-4-2 of the City Code and calculated by the City Engineer to include those current and future costs related to the construction of the trunk distribution system for the municipal water utility. . The calculation of the Water Availability Charge rewired to be paid for a specific use shall be calculated by multiplying the Water Availability Charge set forth in Section 2--2 of the City Code by: a. Single Family, Two Famil and Townhouse Residential Use►ctual RECs. b. Multiple Familv Residential Uses: 9.0 RECs/Gross Acre 1 Commercial, Industrial or Institutional uses- 3.5 RECs/Gross Acre., 3. rm n r- r Gje-nfinl-U&&S_jhe Water Availability Charge shall be paid at the 1 %d I I LI %A time of final plat approval except a$_provided for by Section 6-1-6.13.4 of I -r- -, this Chapter or as may be., Pr,e'L. -"I allowed by an agreement entered into by the City Council at its discretion. 4. For multiple family residential commercial I industrial and institutional uses to be constructed on lots of record existing as of EFFECTi'E DAIELE a. 9R.Q., 0), -The Water Availability Charge as provided for b Section 6- ft-xr nctri I 101 I%AI %A IWI 1 1%0% %A 1-5.13.3 of this Chapter shall be nhwnee4 GO I VI 1%101 611. -- aid at the time of issuance of a building ffica lAhzf&F permit for the initial construction in ki inhil,41i (hnrn,-% =n1inab4a fn the-bui I d nuf af tho fimqQhind -Q paoe JIM wiifill] r%ri^r tn thp of hi d; r) ci LAI III I%AII thn �11 nr n nnrfina %. n A VV 1161 QQ1 2:1 run nf rl i nri aarmi fnr o+ri inflnn n hwiJ -ffi�f nnnSff-U�,,. %0%-f W I %A W"I"k.1-filtj Peff:R# I %.ON 161 16AL NO%of 5 Mran thinr b. The Water Availability Charge, or fl V'WKLI%-Pll %11%r required to be nf finn, nl�t nmr-riximl VC11 or building permit is paid 'noth t the time W I NIL I I e., F- a issued shall be the current fee in effect as set forth by Section 2-4-2 of the City Code, Section 3, Section 6-1-6.13.4 of the City Code is hereby amended to read as follows: B. Sewer Availability Charges: The Sewer Availability Charge for one (1) REC shall be adopted by the City Council in Section 2-4-2 of the City Code and calculated by the City Engineer to include those current and future costs related to the construction of the trunk collection system for the municipal sewer utility. 2. The calculation of the Sewer Availability Charge required to be paid for a specific use shall be calculated by multiplying the Water Availability Charge set forth in Section 2-4-2 of the City Code by: Single Family, Two Faril and Townhouse Residential Uses: Actual RECs. - 2 b. Multiple Family -Residential Uses: .o I ECs Gross Acre. C. Commercial, Industrial or Institutional uses: 3.5 F ECs/Gross Acre. 3.,-� t+,a��s The Sewer availability Charge e shall b paid at the time of final plat approval except as provided for by section 6-1-6.8.4 of this Chanter or as may be.. nroyialer f allowed by an agreement entered into by the City Council at its discretion. . For multiple fami1v residential commercial, industrial and institutional uses to be constructed on lots of record eistin{g as of [EFFECTIVE DATE_: a. e. 00 -The severer Availability Charge as r)rovided for -by Section 6- 1-6.13.3 of this Cha ter shall be nI Iar erlf ' . aid at the time of issuance of a building permit for the initial construction���e�t � �" ��;hor Awnil holowANn nW `harr-i�nn►r Iir>_� - she finis.% r- :�i nr relinn ch=L ha nnir*� in fi ill nri rf e it#hni eorrI Wit %.A *�R%eqll%Alt NU %wr I I I if fnr- r��,rw� , r b. The Severer Availability Charge, thil required to be pe P r.aid . at the time � m ry r bu"Ldinq permit is issued shall be the current fee in effect as set forth by Section 2-4-2 of the City Code. Section 4. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND Y: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this t" day of February, 2013. CITY OF OTSEGO Jessica L. Stockamp, Mayor ATTEST: Tam Loff, City Clerk ORDINANCE NO.: 2013-09 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE TO REVISE PROVISIONS RELATED TO WATER AND SEWER AVAILABILITY CHARGES. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 6-1-4.D of the City Code is hereby amended to read as follows: D. Expansion and Redevelopment. If an existing use connected to the municipal utility systems is expanded or redeveloped so as to increase the number of RECs, additional water connection charges and sewer connection charges shall be paid for the additional RECs at the current rate established by Section 2-4-2 of the City Code. There shall be no refund of water connection charges or sewer connection charges already paid if the expansion or redevelopment results in a reduction of the number of RECs. Section 2. Section 6-11-5.13 of the City Code is hereby amended to read as follows: B. Water Availability Charges (MVAC): The Water Availability Charge for one (1) REC shall be adopted by the City Council in Section 2-4-2 of the City Code and calculated by the City Engineer to include those current and future costs related to the construction of the trunk distribution system for the municipal water utility. 2. The calculation of the Water Availability Charge required to be paid for a specific use shall be calculated by multiplying the Water Availability Charge set forth in Section 2-4-2 of the City Code by: a. Single Family, Two Family and Townhouse Residential Uses: Actual RECs. b. Multiple Family Residential Uses: 9.0 RECs/Gross Acre I C. Commercial, Industrial or Institutional uses: 3.5 RECs/Gross Acre. 3. The Water Availability Charge shall be paid at the time of final plat approval except as provided for by Section 6-1-6.B.4 of this Chapter or as may allowed by an agreement entered into by the City Council at its discretion. 4. For multiple family residential, commercial, industrial and institutional uses to be constructed on lots of record existing as of February 26, 2013: a. The Water Availability Charge as provided for by Section 6-1-5.13.3 of this Chapter shall be paid at the time of issuance of a building permit for the initial construction. b. The Water Availability Charge required to be paid at the time building permit is issued shall be the current fee in effect as set forth by Section 2-4-2 -of the City Code. Section 3. Section 6-1-6.B.4 of the City Code is hereby amended to read as follows: B. Sewer Availability Charges: The Sewer Availability Charge for one (1) FEC shall be adopted by the City Council in Section 2-4-2 of the City Code and calculated by the City Engineer to include those current and future costs related to the construction of the trunk collection system for the municipal sewer utility. 2. The calculation of the Sewer Availability Charge required to be paid for a specific use shall be calculated by multiplying the Water Availability Charge set forth in Section 2-4-2 of the City Code by. - a. Single Family, Two Family and Townhouse Residential Uses: Actual TECs. b. Multiple Family Residential Uses: 9.0 RECs/Gross Acre. 0. Commercial, Industrial or Institutional uses. 3.5 TECs/Gross Acre. 2 3. The Sewer Availability Charge shall be paid at the time of final plat approval except as provided for by Section 6-1-6.13.4 of this Chapter or as may allowed by an agreement entered into by the City Council at its discretion. 4. For multiple family residential, commercial, industrial and institutional uses to be constructed on lots of record existing as of February 25, 2013: a. The Sewer Availability Charge as provided for by Section 6-1-6.13.3 of this Chapter shall be paid at the time of issuance of a building permit for the initial construction. b. The Sewer Availability Charge required to be paid at the time building permit is issued shall be the current fee in effect as set forth by Section 2-4-2 of the City Code. Section 4. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 25t" day of February, 2013. ATTEST: Tami Loff, City Clerk 3 CITY OF OTSEGO Jessica L. Stockamp, Mayor Development Fee Type $ Rogers $ Monticello $ St. Michael $ 18,818 + Ramsey 17,928 Dayton Avg Otsego WAC $ 3,200 REC $ 907 REC 101,440-50 2,675 REC $ 1,701 REC $ 2,465 Res 10 Acre Comm (use 3.25 REC/Acre $444,250 $ WAC $ 2,700 Unit Multi Family $ 2,267 Acre (2-5x) $ 420,750 + $ $ 1,701 REC $ 9,995 Acre - Other �4x) $ 77,648.50 Water Trunk $ 2,400 Acre 84,510.50 $ 83,650 + $ 92,947 $ 2,308 Res $ 300 Res 345,498.50 1,550 REC 568,297.50 $ 479,827.50 $ 418,250 + $ 447,225 $ $ 8,465 Acre $ 1,.200 [Acre - Other (4x) $ 144,832 Water Lateral 98,867 $ 97,974 + $ 107,835 $ 128,700 $ 9,102 Acre - Res $ 67 JCF- Res $ 1,550 REC + Need to know what CF is $ 9,102 Acre - Other $ 84 CF - Other Water Connection Fee 1$801 to $5231 Size of Line SAC 4,300 REC $ 4,030 REC $ 4 ,712 REC 2,230 R F C 2,970 REC SAC 3,400 Unit Multi Family $ 2,230 REC 5,940 Sewer Trunk $ 1IP223 REC $1163 or $1379 REC $ 1,318 Res $ 1,770 Res $ 6,405 REC 3,065 REC $ 3,965 Acre $ 3,530 Acre - Other (2x) Sewer Lateral $756 or $1163 REC $ 3,989 Acre $ 78 CF 2,135 REC $ 3,989 Acre Parr 3,500 Res Unit $ 1,704 Acre $ 3,000 Res Unit $2104 to $2475 Res Unit $ 2,000 Acre Res $ 2,635 Res Unit 110/o Acre 8% to 14% Acre 15% to 10% Acre ** $ 7,000 Acre Comm $ 1,530 Acre $ 4,738 Acre Comm 4,000 Acre Comm $ 7,000 Acre Com m 10% Acre Comm $ 5,000 Acre Ind $ 1,530 Acre $ 3,966 Acre Ind $ 3,750 Acre Ind 3,500 Acre Ind 10% Acre Comm Trail $ 400 Res Unit* $ 600 Res Unit $ 1,303 Res Equivalent $ 750 Acre* $ 1,090 Acre Other Storm Water Impact Fee $2,300 Acre 3,490 Res 465 Res $ 5,510 Acre $2075 to $3070 Acre 6,997 Acre - Comm 4,630 Acre Other 8,176 Acre - Ind Storm Water Utility Fee 4 Month - Res $ 2 Month REC 9 Res/Quarter $7 to $10 Month/Acre Other $ 37 REC/Quarter Transportation $ 4,225 Res Equivalent* $ 1,546 Res $ 2,500 Res $ 1,360 Sand $ 7,600 Acre* $ 499 Acre - Other $ 11,900 Acre - Other 1,610 Clay Infrastructure Fee S 8,723 Single Family $ 6,507 Twin Home $ 5,507 Town Home $ 4,071 Apt. $ 20674 Senior Housing $ 2.45 SF Comm Bldg $ 0.28 SF Comm Lot $ 1,84 SF Ind/Office Bldg $ 0.22 SF Ind/Office Lot Greater of J - ** or Single Family Home $ 18,325 $ 14,815 $ 22,656 $ 15,026 $ 18,818 + $ 17,928 $ 16,775 2 Acre Comm (use 3.25 REC/Acre) $ 97,850 $ 77,648.50 $ 142,479.10 S 101,440-50 $ 84,150 + $ 109,714 $ 117,550 10 Acre Comm (use 3.25 REC/Acre $444,250 $ 345,498.50 $ 647,503,50 $ 487,547.50 $ 420,750 + $ 469,110 $ 446,050.00 2 Acre Industrial $ 92,350 $ 77,648.50 $ 126,576.90 $ 84,510.50 $ 83,650 + $ 92,947 $ 117,550 10 Acre Industrial $424,250 $ 345,498.50 $ 568,297.50 $ 479,827.50 $ 418,250 + $ 447,225 $ 437,320.00 cult! Family (8 Plex) $ 116,100 $ 81.0404 $ 144,832 $ 98,867 $ 97,974 + $ 107,835 $ 128,700 + Need to know what CF is