City of Oak Creek

Common Council Report

Meeting Date: May 20, 2003

Item No.:         18

Recommendation:  That the Common Council consider a motion to deny the request by the Oak Creek-Franklin Joint School District to waive the Storm Water System User Charge for all school district sites.

Background:  Ordinance 2238 created Section 3.50 of the Municipal Code, which established a storm water management system user charge to be imposed on all property with an impervious surface, including tax exempt parcels.  The user fee is based on the amount of impervious surface on a property.  The Oak Creek-Franklin Joint School District is requesting that the storm water management system user charge be waived for all school district sites.

The ordinance included provisions for adjustments to a property’s storm water management system user charge if the property incorporates measures that provide cost savings to the City in its operation of the storm water management system.  It also includes provisions for requesting a review of classification or ERU determination.  It does not include provisions for waiving the system user charge for a developed property.    Section 3.50(i)(6)(a) of the Municipal code states that any request for appeal in excess of five thousand (5000) dollars shall be forwarded directly to the Council.

The ordinance states that an adjustment which may be as low as zero for a property may be recommended for reasons other than as specifically set forth in the ordinance, provided that the adjustment is reasonable and not unjustly discriminatory.

Fiscal Impact:  Waiver of the school district properties will eliminate a minimum of $10,746 from the Storm Water Fund for 2003 and future budgets. 

Prepared by: Susan A. Winnen, P.E. Environmental Civil Engineer	Respectfully submitted, Robert L. Kufrin City Administrator
Approved By: Wayne St. John, P.E. Director of Public Works	Fiscal Review by: Beverly A. Buretta, CMC City Clerk

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