Minutes - Public Works Committee - 08/21/2001

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Councilmember Anderson requested that the Police Chief be part of the discussions. Councihnember Hendriksen stated that he did not see a reason to change the policy at this time. Councilmember Anderson noted that it was her understanding that Andover does not have any private streets and requested that staff research their policy. Councilmember Kurak requested that the issue be forwarded to the Planning Commission as soon as possible. Consensus of the Committee was to forward the issue of Private Streets onto the Planning Commission for study and recommendation. Case #5: Stormwater Management Fee Consideration for Partial Improvements City Engineer Olson stated that Canvas Craft has been in operation since 1992. The stormwater management fee was established on June 24, 1997, to help finance the impacts of development on the storm sewer system. At the May 23, 2000, City Council meeting the site plans for a partial improvement to his site was approved. On February 20, 2001, the Public Works Committee and ultimately the City Council denied a request by Wayne Johnson for reimbursement of the stormwater management fee. On July 17, 2001, Mr. Steve Franta wrote a letter asking for a reimbursement of his stormwater management fee because he had been in existence before the establishment of the fee. The stormwater management fee is collected during the site plan review process for commercial properties and is only collected once. Mr. Olson noted that he did discuss the issue with the City Attorney and he did not feel that the City was legally bound to return any of the stormwater management fee and did not think it would be good practice for the City to do so. Mayor Gamec inquired if Mr. Franta had to pay the fee when he originally developed his property. City Engineer Olson replied no, explaining that his property was developed in 1992 and the stormwater management fee was not put in place until 1997. When the addition was constructed Mr. Franta was charged for the entire parcel. He noted that if anymore development were to occur on the parcel the property owner would not have to pay the fee again. Councilmember Kurak inquired if the property were subdivided would they have to pay the fee again. City Engineer Olson replied no. Motion by Councilmember Hendriksen, seconded by Mayor Gamec, to forward the letter from Canvas Craft to the City Attorney for review and response denying their request explaining that there would be no additional stormwater management fees collected on the property if development were to occur. Public Works Committee/August 21, 2001 Page 10 of 11