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Mr. Dillon stated that is correct and asked why the Zitzloff drainage cannot be sent under the <br />road and into the existing pond. <br /> <br />Mr. Holasek noted this property is perfectly flat and asserted the water on each parcel is absorbed <br />into the ground without runoff. <br /> <br />Councilmember Hendriksen noted one of the parking lots has been paved in such a way to drain <br />all the runoff onto the Zitzloff parcel. He stated that property is taking advantage of collecting <br />and diverting water onto the adjacent property. <br /> <br />Mr. Holasek asked if that can be done legally to increase the drainage of another property. <br /> <br />City Attorney Goodrich stated you cannot increase the drainage to another property and if that <br />were to occur, it would have to be enforced by the private property owners, not the City. <br /> <br />Mr. Holasek asked why the City is then considering a drainage project such as this. <br /> <br />Councilmember Hendriksen noted a property to be developed requires site plan approval which <br />would address the drainage to assure a problem does not occur. <br /> <br />Motion by Councilmember Zimmerman and seconded by Councilmember Hendriksen to close <br />the public hearing. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Zimmerman, Hendriksen, <br />Anderson, and Connolly. Voting No: None. Absent: None. <br /> <br />The public hearing closed at 7:51 p.m. <br /> <br />Council Business <br /> <br />Mayor Gamec called the regular portion of the City Council meeting back to order at 7:51 p.m. <br /> <br />Councilmember Anderson stated previously she had asked if tax capacity was the only way to <br />allocate the assessment and if it could be considered based on the amount of impervious surface. <br /> <br />City Attorney Goodrich read the State Statute relative to this issue which indicated the City has <br />the ability to place a tax on the properties described in the ordinance and only for the benefit of <br />the district as described by the district. He explained it is a tax plus interest and costs from the <br />project must be spread evenly on the parcels based on the tax capacity of the property. <br /> <br />Councilmember Anderson stated the Council has discussed the ability to address the amount of <br />impervious surface. <br /> <br />City Council/April 11, 2000 <br /> Page 8 of 27 <br /> <br /> <br />