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HomeMy WebLinkAbout[07] Public Hearing Notice - Street Light Utility 7 Council Agenda Item MEETING DATE: February 7, 2013 AGENDA ITEM: Public Hearing, Street Light Utility SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: During the preparation of the 2013 Budget, the Council discussed the development of a street light utility, similar to that of the storm water utility. The final budget for 2013 removed Street Lighting from the budget and changed the service to fee based. BACKGROUND INFORMATION: Street light expenses are paid through property taxes at this time and the creation of the utility would shift the cost from the tax statement to the utility bill. By billing the street light services as a fee, all property owners, regardless of the tax status would be charged a proportionate share of the cost. The City considered different options for applying the fee, one based on acreage and the second based on residential units and commercial/industrial units. The proposed fee for 2013 is based on the later, number of units. This same concept is used for the water and sewer funds. By establishing a unit cost all property owners are paying a proportionate share of the cost. The fee would become effective on March 1, 2013, billed for the first time May. Using the unit calculation the total units that would be billed is 2,886. Of this number, 691 would be billed to CSB for property west of College Avenue and 102 would be billed to the Monastery. The billing cost per unit is proposed at $ 1.50 per month or $ 3.00 per billing cycle. ATTACHMENTS: Request for Council Action Hearing Notice Ordinance – Street Light Utility Resolution for summary publication REQUESTED COUNCIL ACTION: The Council has the option of: 1.Adopting the Ordinance, and fee structure. This action would require two separate actions; one adopting the Ordinance and the second authorizing summary publication. 2.Provide staff with direction to amend the proposal for consideration at a future meeting This page intentionally left blank • CITY OF ST. J OSEPH www.cityofstjoseph.com City of St.Joseph Public Hearing The St.Joseph City Council will be conducting a public hearing on Thursday,February 7, Administrator 2013 to considering adopting a Street Light Utility Ordinance. The proposed ordinance will Judy Weyrens authorize the City to implement a utility fee to maintain a city-wide street lighting system. All property owners in the City of St. Joseph will be billed a proportionate share of the operation and maintenance of a city-wide street lighting system. Mayor Rick Schultz Full text of the above Ordinance can be viewed at the City Offices,25 College Ave N or on the City website: www.cityofstjoseph.com. All persons wishing to testify will be heard with Councilors oral testimony limited to five minutes. Written testimony can be submitted to the City of St. Steve Frank Joseph;Attn: Judy Weyrens;PO Box 668; St.Joseph MN 56374 Bob Loso Judy Weyrens Renee Symanietz Administrator Dale Wick Publish: February 1,2013 zs College Avenue North • PO Box 668 • Saint Joseph, Minnesota 56374 Phone 3zo.363.7zoi Fax 3zo.363.o34z Bernie &Betty Schloemer 701 Hill Street West St. Joseph Minnesota 56374 February 2, 2013 City of St Joseph Atten: Judy Weyrens PO Box 668 St. Joseph, Minnesota Ref: Street Lighting Ordinance We do support the concept of applying the cost of street lighting evenly. The question that we have is if we are going to spread the cost evenly shouldn't the residential areas throughout the city have equal lighting?We understand the need for more lighting in the central business district and do not mind helping to pay for the extra lighting there. But there does not seem to be any consistency from one residential area to another. Case in point: the street all the way out to Kennedy Elementary has more lighting than any other areas. While it may look very nice to some and shows off the city,what are we more concerned with, the looks of the city or for the safety of the residents?We would dare to say almost any other residential area receives more nighttime foot traffic than what the area from the St. Joseph Township Hall to Kennedy Elementary does. We ask that while you are working on the street lighting ordinance please set up a policy for how much lighting, and what kind, is required.Do not do the ordinance just part way. When our neighborhood was annexed to the city,Judy Weyrens told us that street lighting was left up to the discretion of Stearns Electric. I do not think that the utilities should be making these decisions. Thank you for your time. grnitktieYtyc oemer Cc: by email Mayor Schultz and councilpersons Wick, Frank,Loso,and Symanietz RECEIVED FEB 0 4 2013 CITY OF CHAPTER IV – PUBLIC UTILITIES _______________________________________________________________________________ _______________________________________________________________________________ ORDINANCE 47 Street Light Utility _______________________________________________________________________________ _______________________________________________________________________________ Section 47.01: Purpose and Policy. The St. Joseph City Council has determined that, to promote the general health, safety and welfare of the citizens and residents of the City, it is in the best interests of said citizens and residents that the city maintain a city-wide street lighting system utility and further has determined that the maintenance of such a utility benefits each and every property within the City. The City Council has therefore determined that it is fair, appropriate and reasonable and that the costs of such operation and maintenance be paid on a fair and reasonable basis by all of the property in the city so benefitted and that the cost thereof should be charged to and collected from all such benefitted property. Section 47.02: Definitions. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Subd. 1: Operating and Maintenance Costs: The current paid or accrued expense of operation, maintenance and current repair of the system, as calculated in accordance with sound accounting practices and includes, without limitation, administrative expenses, labor, the cost of materials and supplies used for current operations and charges for the accumulation of appropriate reserves for current expenses not annually incurred but which are such as may be reasonably expected to be incurred in accordance with sound accounting practices. Subd. 2: Street Lighting System or System: The existing system of street lights and signalized intersection systems and related wires and equipment owned or maintained by the City and all improvements thereto which are the property and responsibility of the utility, to be operated by the utility to provide lighting on public streets. Subd. 3: Street Lighting Utility or Utility: The utility created by this Ordinance to operate, maintain and improve the street lighting system. Subd. 4: Utility Fee. A utility fee authorized in this Ordinance which is established to pay for operations and maintenance, extension and replacement and debt service. Section 47.03: Utility Fees and Charges. The utility shall charge utility fees established from time to time by the City Council to recover from all property owners any debt service and operation and maintenance of the street lighting system facilities in the City. All property owners in the City of St. Joseph will be billed a proportionate share of the operation and maintenance of a city-wide street lighting system. The proportionate share of the utility CHAPTER IV – PUBLIC UTILITIES shall be equated to a charge per unit and the unit charges shall be applied as follows: Subd. 1: Residential Uses – including single family, two family, three family and Manufactured Home Community Park and dormitories shall be billed one unit for each residential use. For the purposes of determined a residential unit, each apartment, dormitory room or individual living unit shall be charged one unit per month. The number of units will be multiplied by the monthly rate. Subd. 2: Commercial/Industrial Uses – each use shall be charged on unit. For the purpose of determining a commercial/industrial unit, each business in a multi-tenant building will be charged one unit per month. The number of units will be multiplied by the monthly rate. Subd. 3: Mixed Use Facility – each use in a multi-use building shall be charged one unit. If the facility includes living units, each living unit shall be charged one unit per month and each individual business shall be charged one unit per month. The number of units will be multiplied by the monthly rate. Subd. 4: Exemptions. The following land uses are exempt from the established Street Light Utility Charge: a)Public street right-of-way b)Publicly owned property c)Parks, open spaces d)Cemeteries e)Agricultural, Undeveloped Section 47.04: Administration. The Street Light Utility Fund shall be administered according to the following provisions: Subd. 1: The City shall maintain the Street Light Utility Fund in accordance with the Minnesota Accounting and Financial Reporting Standards as adopted and amended by the Office of the State Auditor. Subd. 2: Bills for service shall be mailed bi-monthly following the period for which the service was rendered and shall be due and payable 30 days from the date of mailing. Any bill not paid in full 30 days after the date of mailing will be considered delinquent and will be charged a penalty which will be set by the City Council. Section 47.05: Penalties. Subd. 1: Criminal Penalties. Any person violating any of the provisions of this Ordinance shall be guilty of a criminal offense, punishable as a misdemeanor as defined by City Ordinance and/or State law. Subd. 2: Twice annually delinquent accounts in excess of three service periods shall be certified to the County Auditor as taxes or assessments on the real estate. Nothing in this CHAPTER IV – PUBLIC UTILITIES ordinance shall be held or construed as in any way stopping or interfering with the right of the City to levy taxes or assessments against any premises affected by a delinquent or past due street light utility charges. Subd. 3: As an alternative to levying a lien, the City may, at its discretion, file suit in a civil action to collect such amounts as are delinquent and due against the occupant, owner or user of the real estate, and shall collect as well all attorney’s fees incurred by the City in filing the civil action. Such attorney’s fees shall be fixed by order of the court. Section 47.06: Severability and Validity. Subd. 1: If any section or subdivision of this ordinance shall be held invalid, the invalidity thereof shall not affect the validity of the other provisions of this ordinance, which shall continue in full force and effect. Subd. 2: This ordinance shall be in full force and take effect from and after its passage and approval and publication as provided by law. RESOLUTION 2013-009 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 47 (Street Light Utility) RECITALS: WHEREAS, on February 7, 2013, the City Council for the City of St. Joseph adopted Ordinance 47, entitled “Street Light Utility”; and WHEREAS, the City of St. Joseph desires to publish the Ordinance by Summary Publication; and WHEREAS, the proposed amended provides for the health, safety, and general welfare of the citizens of the City of St. Joseph through maintaining a city-wide street light utility. All costs of operation, maintenance and capital shall be charged proportionately to all property owners. THEREFORE, IT IS HEREBY RESOLVED: 1. The City Council has reviewed the proposed Summary Publication and finds that the summary of the Ordinance clearly informs the public of the intent and effect of the Ordinance. 2. The City of St. Joseph directs the City Administrator to publish the Ordinance by Summary Publication. Adopted this _____ day of ____________, 2013, by a vote of in favor and opposed. CITY OF ST. JOSEPH By ______________________________ Rick Schultz, Mayor By ______________________________ Judy Weyrens, Administrator