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<br />I .- . <br />I. CITY OF ARDEN HILLS <br /> MEMORANDUM <br />I <br />I DATE: September 21, 1995 <br />I TO: Mayor and City Council <br /> Brian Fritsinger, Administrat@ <br /> FROM: <br />I <br /> SUBJECT: Betbel College SWM Appeal <br />I Back~round <br />I During 1994, the City received an Appeal for the Surface Water Management (SWM) fees <br /> assessed to Bethel College. The City Council reviewed this Appeal several times in late <br /> 1994 and 1995. <br />I This Appeal was based on a number of primary concerns, and are outlined below: <br />.- 1. Street and Highway right-of-way exemptions from SWM utility fees. <br /> 2. Lake Surface (Valentine) exemptions from SWM fees. <br /> , Land Use Designation (SUP). <br /> J_ <br />. 4. Amount of water retained within the Bethel College property. <br />I According to SWM Utility Ordinance Item I,B,2Iakes designated as natural environmental <br /> (which Valentine Lake is) shall be exempt from all SWM fees. Therefore, the area of Bethel <br /> College property within Lake Valentine should no longer be assessed the SWM fee. <br />I As directed by Council at the November 28, and December 28, 1994, Council Meetings, <br /> Staff reduced the SWM fees to reflect the acreage associated with Valentine Lake. This <br />I action was relevant only to the fourth quarter 1994 utility billing. This action did not make <br /> the Appeal retroactive to the date of Appeal (April I, 1994). <br />I The right of way and water retainage arguments were found not to be appropriate in this case. <br /> However, there was discussion about the impact of the zoning and land use or property <br /> classification .in this Appeal. City Staff met with the City Attorney and City Engineer to <br />. review this argument and a legal opinion was obtained supporting this Appeal. <br />. <br />.- <br />I <br />