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Stormwater Management Utility RateMasterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Stormwater Management Utility Fee Rate Change DATE: February 24, 2012 INTRODUCTION Dubuque katid All- America City 1 2007 The purpose of this memo is to outline the Engineering staff's recommendation to modify Section 13 -4 -5 (D) of the Code of Ordinances, thereby adjusting the stormwater utility fee rate as proposed with the Fiscal Year 2013 budget. BACKGROUND In February of 2003, Ordinance 7 -03 was passed establishing a Stormwater Management Utility and associated fee. At that time, the Stormwater Management Utility Fee helped fund the administration of the Stormwater Utility, NPDES Compliance Program, Storm Sewer Improvements /Extensions, Stream -bank Stabilization Assistance Program, Detention Basin Maintenance, and Stormwater Ditch Maintenance & Remediation. When the Stormwater Management Utility User Fee Fund was created in Fiscal Year 2004, stormwater management activities were funded from a number of sources: 15% from the stormwater utility fee, 22% from property taxes, 5% from sales tax, and 58% from DRA distribution funds. With the adoption of the FY2009 budget, the Stormwater Management Utility became for the first time a self - supporting enterprise fund; all stormwater management activities are now funded exclusively by the stormwater management utility and permit fees. In March of 2011, the City Council adopted Ordinance 25 -11 establishing the Stormwater Management Utility Rates for FY2012 to FY2033. DISCUSSION With the preparation of each annual budget, projected revenue is compared to the cost of providing the level of stormwater management service that Dubuque citizens have come to expect. The reduction of other revenue streams over the past few years and particularly in FY08, FY09, and FY12 resulted in rate increases. In contrast, a rate decrease occurred with the FY10 budget and there was no change with the adoption of the FY11 budget. A rate increase is recommended with the FY2013 budget. There are significant changes in the FY 2013 budget associated with the Bee Branch Creek restoration Project: • $1,153,000 for acquisition expenses associated with the proposed parking lot, public restroom facility, maintenance facility property. One property was assessed for $130,000 more than the original estimate and the second property appears to play a key role in the operation of an adjacent business which may require the City to acquire additional property. This increase provides funds for that contingency. • $347,000 more in funding to acquire approximately 1.5 acres of the CP railroad property for a total of $947,000. • $105,000 more in funding for the renovation of ten (10) properties on Washington Street. The properties were purchased as the City required the back half of the lot, including their garages. These properties are being renovated and will be resold to the public. The revenue from the sale of these properties is reflected in the project budget. • $73,000 more in funding for relocation benefits expenses that exceeded the previous budgeted amounts. • $503,000 budget increase for property to be acquired on 22nd Street and Prince Street. The City Council authorized the acquisitions in late FY2011 in order to provide space for off - street parking that could be utilized to visit Audubon School, the Heritage Trail, or the amphitheater to be constructed adjacent to Audubon School as part of the Bee Branch Project. • $480,000 budget increase for property to be acquired on Washington Street and 24th Street. The City Council authorized the acquisitions in late FY2011 in order to provide a safe, compelling connection between the new Bee Branch Creek linear park attraction, Comiskey Park, and the Heritage Trail. • $1,008,000 budget increase to construct two scenic overlooks along the Bee Branch Creek south of 16th Street. The overlooks are part of the amenity package associated with the $2,250,000 Vision Iowa River Enhancement Community Attraction and Tourism (RECAT) grant, also reflected in the FY2013 budget. • $200,000 budget increase to construct a floating island in the Bee Branch Creek south of 16th Street. The floating, bio- island is part of the amenity package associated with the aforementioned RECAT grant. • $249,000 budget increase to construct a pervious, green alley from 24th Street to 25th Street. The alley is between Washington and Elm Streets. • $830,000 budget increase to construct the level control, pumping facility at Garfield to prevent high Mississippi river stages from inundating and damaging the Upper Bee Branch greenway from Garfield Avenue to Comiskey Park. • $300,000 to construct the thirty (30) stall parking lot at 22nd and Prince Street. • $1,070,000 to a scenic overlooks at 24th Street; improves sight distances on 24th Street with expanded parkways, and improvements to associated underground utilities. • $2,100,000 increase in the cost to construct the bridge /boring culverts through the CP railroad property. The adopted budget to construct the bridge /culverts is based on an open trench construction method that CP would require $5,900,000 in track upgrades. The City has modified its approach, opting to construct the bridge /culverts while leaving the tracks in place. However, this construction method is more expensive requiring the $2.1 million increase to the project budget. • $1,600,000 increase in engineering and legal fees to coincide with the aforementioned property acquisition and construction costs. As reflected in the proposed rates, these budget increases were off -set to some degree as a result of securing the following grants: • $3,965,500 I -JOBS II grant for the disaster prevention portions of the Lower Bee Branch Creek Restoration Project. • $2,250,000 RECAT grant for the public amenity portions of the Bee Branch Project. It also includes the $120,000 in private donations as part of the America's River III fundraising campaign. • $4,400,000 forgivable loan for the green project, water quality improvements associated with the Upper Bee Branch Creek Restoration Project. • $1,000,000 National Scenic Byways Program grant and a $100,000 Iowa Recreational Trails grant for the trail system associated with the Upper Bee Branch Creek Restoration Project. In addition to the Bee Branch Creek Restoration Project changes, the FY2013 budget includes increased funding for the City's efforts to remain compliant with the City's National Pollution Discharge Elimination System Storm Water Permit. It also reflects funding to upgrade North End storm sewer systems. Table 1 below shows the proposed rate schedule proposed with the FY2013 budget compared to the rates adopted with the FY2012 budget. Table 1. Proposed Stormwater Management Utility Fee rate versus the rate adopted with the FY2012 budget. FY11 FY12 FY13 FY14 FY15 FY16 FY17to FY33 Adopted $5.25 $5.60 $6.44 $6.79 $7.81 $7.90 $7.90 Proposed $5.25 $5.60 $7.00 $7.50 $8.00 $8.50 $9.00 RECOMMENDATION I recommend amending the City Code of Ordinances to reflect the Stormwater Utility Fee rates proposed in Table 1. BUDGET IMPACT The rate changes will increase the Stormwater Utility Management fee revenue by $308,000 in FY2013, $397,000 in FY2014, $108,000 in FY2015, and $348,000 in FY2016. It will also increase the revenue by $651,000 in FY2017 and each year beyond. ACTION TO BE TAKEN I respectfully request passing the attached ordinance amending Section 13 -4 -5 (D) of the City Code of Ordinances to reflect the stormwater management utility fee rate proposed with the FY2013 budget as outlined in Table 1. Prepared by Deron Muehring cc: Barry Lindahl, City Attorney Jenny Larson, Budget Director Ken TeKippe, Finance Director Deron Muehring, Civil Engineer II ORDINANCE NO. 21 -12 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 13 -4 -5 (0) SFU RATE, CHARGES; UTILITY REVENUES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That City of Dubuque Code of Ordinances Section 13 -4 -5 (D) is amended to read as follows: (d) The SFU rate to be applied to residential and nonresidential properties shall be as follows: (1) For the period July 1, 2012 through June 30, 2013 the SFU rate shall be $7.00 per SFU; (2) For the period July 1, 2013 through June 30, 2014 the SFU rate shall be $7.50 per SFU; (3) For the period July 1, 2014 through June 30, 2015 the SFU rate shall be $8.00 per SFU. (4) For the period July 1, 2015 through June 30, 2016 the SFU rate shall be $8.50 per SFU. (5) For the period July 1, 2016 through June 30, 2033 the SFU rate shall be $9.00 per SFU. Attest: Passed, approved and adopted this 7th day of Kevin Firnstah , C y Cle March , 2012. oy D. Boul, Mayor OFFICIAL PUBLICATION ORDINANCE NO. 21-12 AMENDING CITY OF DUBOQUE CODE OF ORDINANCES SEC- , TION 13-4 -5 (D) SFU - RATE, CHARGES; UTILITY REVENUES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY' OF DUBUQUE, IOWA: Section 1. That City of Dubuque Code of Ordinances Section 13- 4 -5 (D) is amended to read as follows: (d) The SFU rate to be applied to residential and nonresidential properties shall be as follows: (1) For the period July 1, 2012 through June 30, 2013 the SFU rate shall be $7.00 per SFU; (2) For the period July 1, 2013 through June 30, 2014 the SFU rate shall be $7.50 per SFU; (3) For the period July 1, 2014 through June 30, 2015 the SFU rate shall be $8.00 per SFU. (4) For the period July 1, 2015 through. June 30, 2016 the SFU rate shall be $8.50 per SFU. (5) For the period July 1, 2016 through June 30, 2033 the SFU rate shall be $9.00 per SFU. Passed, approved and adopted this 5th day of March, 2012. /s /Roy D. Buol, Major Attest /s/Kevin S Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 14th day of March 2012. _ /s /Kevin S. Firnstahl, City Clerk It 3/14 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: March 14, 2012, and for which the charge is $11.80. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 7 ) day of /le" , 20 /.2 . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 Cent !1r