Legislation Details

File #: 26-1008    Version: 1
Type: Ordinance Status: Agenda Ready
File created: 8/19/2026 In control: City Council
On agenda: 9/1/2026 Final action:
Title: Pass the ordinance authorizing the execution of a recapture agreement for the installation of Storm Sewer Improvements as part of the 623 Willow Road – Offsite Storm Sewer Plans – DEV-0069-2026
Attachments: 1. Ordinance, 2. Exhibit A. Recapture Agreement, 3. Exhibit B. Notice to Benefiting Properties
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CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
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Pass the ordinance authorizing the execution of a recapture agreement for the installation of Storm Sewer Improvements as part of the 623 Willow Road – Offsite Storm Sewer Plans – DEV-0069-2026
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DEPARTMENT: Transportation, Engineering and Development

SUBMITTED BY: Andy Hynes, Deputy Director of TED/City Engineer

BOARD/COMMISSION REVIEW:
N/A

BACKGROUND:
In 2026, the City required the owner and developer, Ravi and Shiwani Patel, to extend public storm sewer to the property to mitigate an on-going drainage issue. Ravi and Shiwani Patel paid the design, permitting and construction costs associated with the public storm sewer extension.

A portion of these improvements will benefit two adjacent properties: 639 Willow Road and 633 Willow Road. The total cost of the public improvements was $36,785.00, $12,838.56 of which directly benefits the property owner who installed and paid for it.
The portion of the costs that benefit the properties at 633 and 639 Willow Road is $11,973.22 for each property.

DISCUSSION:
The City has used recapture agreements to allow property owners and developers with the ability to be reimbursed for a portion of the public improvement cost that they incurred to provide service to their property. This ability to be reimbursed at a future date gives many property owners the confidence to invest in their property.  These agreements also distribute the public improvement cost across all benefiting properties in a fair and equitable manner. 

In the future, the benefiting properties would be required to provide a public storm sewer along their frontages as a condition of redevelopment as allowed by Municipal Code Section 5-7-2B. This is consistent with other properties throughout the neighborhood. However, the installation of the storm sewer by the Patels has fulfilled this requirement. The benefiting property owners will only need to pay the recapture if they redevelop their properties.

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