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commercial rate. Staff looked at several options to provide the lowest rate for the commercial <br />portion of the property. This was the rate pmvided for billing. Mr. Olsonexplained JohnRowe <br />purchased the property and subsequently applied for a minor plat in 2004. Staff marked this <br />property for review after the final plat was recorded. The final plat was recorded in late 2005. <br />The owner also submitted a staged plan for adding structures under the Conditional Use Permit <br />for the site. Staff sent the new owner a letter on April 13, 2006 indicating the property did not <br />qualify for the credit because the house was separated from the business in the platting process. <br /> <br />Public Works Director Olson indicated the City received a letter from Mr. Rowe dated April 18, <br />2006 appealing the change in the stormwater fee. Staff visited the site on May 5, 2006 and took <br />photographs of the site. Comparing the pictures to the aerial photographs indicate additional <br />buildings have been constructed over areas previously counted as pervious surface and Class 5 <br />gravel surfaces. Mr. Olson stated ifa site plan had been prepared for the expansion on the site it <br />would have been a catalyst to modify the stormwater utility rate. Based on the current <br />calculations according to the 2005 aerial photo and the May 2006 site visit the stormwater utility <br />rate should be increased to $2953.69 per quarter. Mr. Olson inquired about a Watershed <br />Management Organization (WMO) permit application for this site. <br /> <br />John Rowe, owner of Green Valley Greenhouse, stated he did not apply for a WMO permit. It <br />was his understanding that he was not required to apply for the permit because building on the <br />site had not gone over one acre. <br /> <br />Public Works Director Olson explained the permit is not only based on building size, but on <br />disturbed area. The disturbed area on this site is over one acre. He explained a stormwater <br />utility credit application is available, but it needs to be shown that the ponding area is maintained <br />and is not protected waters from the state. <br /> <br />Mr. Olson indicated he was informed the pond cannot be used for credits because it is not owned <br />by him. <br /> <br />Public Works Director Olson expressed concern with Mr. Rowe draining water to a pond he does <br />not own. He explained according to City ordinance any increase in drainage to another person's <br />property must be ponded on-site and slowly discharged at the original rate. He stated the City is <br />now in the same situation with water encroaching on the parking lot along Green Valley Road as <br />it was before the pumping that was done in the spring of 2005. <br /> <br />Mr. Rowe replied water comes from both directions of Green Valley Road and fimnels to his <br />property, where it sits. <br /> <br />Chairperson Elvig inquired if the ponding situation would be satisfied if Mr. Rowe were to <br />obtain a drainage and utility easement from the property owner where the pond is located. <br /> <br />Public Works Director Olson replied it would satisfy the situation as long as it goes to a body of <br />water that has a discharge to the Rum River. He advised this ponding could be draining to what <br />is classified as a wetland. If Mr. Rowe had gone to the WMO to request a permit for the <br />expansion of this business he would have been required to pond the difference in stormwater that <br /> <br />Public Works Committee / May 16, 2006 <br /> Page 8 of 16 <br /> <br /> <br />