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I I. I I I I I I I I- I I I I I I I .e I ,AR1)EN fiLLS CITY COUNCIL - SEPJ:EMBER 25. 1995 4; I. Street and Highway right-of-way exemptions from SWM utility fees. 2. Lake Surface (Valentine exemptions from SWM fees). 3. Land Use Designation (SUP). 4, Amount of water retained within the Bethel College property, Mr. Stonehouse reported the area of Bethel College property within Lake Valentine should no longer be assessed the SWM fees. He noted Staff reduced the SWM fees to reflect acreage associated with Valentine Lake as directed by Council at their November 28 and December 28, 1994, meetings. But this action was effective commencing with the fourth quarter in 1994, it did not make the Appeal retroactive to the date of Appeal (April 1, 1994), Mr. Stonehouse indicated the right-of-way and water retainage arguments were found not to be appropriate in this case. However, there is still a question regarding land use or property classification in this Appeal. Mr. Stonehouse indicated the justifications for supporting the Appeal are: l. Policy Statement Except as herein after provided, all properties within the City of Arden Hills shall contribute to the Surface Water Management Utility in an amount proportional to the runoff contributed by each particular parcel. 2. Computation of Surface Water Management Fees - suhpara.I-Land Use Land Use for determining Surface Water Management fees shall be the existing land use at the date of enac1ment of the Surface Water Management Ordinance. As land is developed, or redeveloped, the fees will be recomputed, based on the revised land use. 3. Adiustment of Fees - suhpara. 2 Surface Water Management fees will be adjusted under the following conditions: -Changes in Developed Conditions of Parcels Mr. Stonehouse reported Attorney Filla concurred that in this situation the existing Special Use Permit does not allow Bethel to build to the typical B 1 zoning standards. The existing SUP limits site coverage of buildings, drives, parking, walks and other surfaced areas to twenty five percent. This limitation is most common with residential development limits. This SUP is a document which can be amended by the City at anytime. Should Bethel pursue amendments to the SUP in the future, the City should consider amending the applicable rate in this case. Mr. Stonehouse noted the cost of the Appeal would be in regard to the Valentine Lake, the original credit amount implemented for the fourth quarter of 1994 was $2,943.35. If additional credit is given for the second and third quarters the additional credit owed would be $5,886.70. In regard to