Agenda - Public Works Committee - 05/16/2006

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CASE # 1 GREEN VALLEY GREENHOUSE APPEAL OF STORM WATER UTILITY FEES By: Leonard Linton, Civil Engineer Introduction: Mr. John Rowe, owner of the Green Valley Greenhouse Was notified of a change in his Stormwater Utility Rate in April 2006 and appealed the change. This case outlines the history of the case and the reason for the change in the rate. Background: The Stormwater Utility was established in 2000. All commercial properties were assigned a rate based on aerial photographs from Anoka County. The ordinance provided a mechanism for billing single family residences with an attached business. "..Single Family properties with a business on the site shall be charged ½ the residential rate and ½ the business rate until such time as the business is no longer active on the site, at which time the rate shall be the standard single family residential rate." City Code 4.80. The house and the greenhouse business at 6530 Green Valley Road were owned by the same person (Wayne Davis) so the property was charged 50% of the residential rate and 50% of the commemial rate. Stafflooked at several options to provide the lowest rate for the commercial portion of the property. This was the rate provided to Connexus for billing. John Rowe purchased the property and subsequently applied for a minor plat in 2004. Staff marked this property for review after the final plat was recorded. The final plat was recorded in late 2005. The owner also submitted a staged plan for adding structures under the Conditional Use Permit for the site. Staffsent the new owner a letter on April 13, 2006 indicating the property did not qualify for the credit because the house was separated from the business in the platting process. The house and parcel were sold. Staffincluded the calculation sheet prepared in 2004 which did not include proposed additions to the buildings. The conditional use permit is attached. Attention is drawn to items 5-Apply for Lower Rum River WMO Permit, 6-Provide updates to City after changes are made and 11-Implement plan for Fire Apparatus access throughout site. The city has not received correspondence regarding any of these items. Mr. Rowe sent a letter on April 18, 2006 appealing the change in the Stormwater Fee. The letter and notification of billing change are attached. Staffwent to the site on May 5, 2006 and took the attached pictures of the site. Comparing the pictures to the aerial photographs indicate additional buildings have been constructed over areas previously counted as pervious surface. The revised calculations are attached. This sheet shows the single family property, the new building and Class 5 gravel surfaces in hatch patterns. The 2000 aerial photo does not show concrete walkways present in the 2003 photos. The 2005 photo shows additional walkways and the class 5 surfacing. Public works staff spent a week in the spring of 2005 at the site, pumping the ditch along the south side of Green Valley Road because the water was encroaching on the parking lot.