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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/16/2004 - FIRST READING OF ORDINANCE NO. 174, 2004, AMENDING ITEM NUMBER: 38 AGENDA ITEM SUMMARY DATE: November16, 2004 FORT COLLINS CITY COUNCIL STAFF: Michael B. Smith/ Terri Bryant/ Jim Hibbard SUBJECT First Reading of Ordinance No. 174, 2004, Amending Chapter 26, Article VII, Division 2 of the Code of the City Relating to Stormwater Fees (Options A and B). RECOMMENDATION Pending further analysis, staff recommends adoption of Ordinance (Option A) on First Reading. FINANCIAL IMPACT Option A: There will be a zero increase in stormwater rates for 2005. Option B: Storm Drainage Fund operating revenues are projected to increase 7%. EXECUTIVE SUMMARY Two options for 2005 stormwater rates are presented for Council consideration. Option A of the Ordinance will: • NOT increase stormwater rates for 2005; but will • permit the Utilities General Manager to adjust the area utilized in calculating the monthly stormwater fee for residential lots in excess of one-half acre and for properties used for agricultural purposes. Option B of the Ordinance will: • increase monthly stormwater fees 7% across the board; and will • permit the Utilities General Manager to adjust the area utilized in calculating the monthly stormwater fee for residential lots in excess of one-half acre and for properties used for agricultural purposes. Staff recommends that Council approve Option A of the Ordinance pending further study and analysis of the capital improvement program and financing plan. November 16, 2004 -2- Item No. 38 BACKGROUND On October 19, 2004, City Council withdrew consideration of the proposed stormwater Ordinance which would have increased 2005 stormwater rates by 7% across the board. While the proposed 7% rate increase was consistent with the 2001 Stormwater Financing Plan adopted by City Council Resolution 2001-93, Council members expressed concern that the rates were becoming overly burdensome to small businesses and others, especially in light of the current economy. Council asked staff to develop alternatives to the current capital improvement financing plan in order to evaluate the potential of reducing the impacts on stormwater rate payers. It will take staff several months to complete a full analysis of the impacts of a less aggressive timetable for the stormwater capital improvement plan. Staff will complete this analysis prior to the 2006-2007 Budget. In the interim, capital projects currently scheduled and budgeted for 2005 can be completed without the proposed 7% increase. If stormwater rates are not increased in 2005, capital improvements planned after 2005 would be delayed until adequate rate funding was available for their completion. One of the benefits of the pay-as-you-go improvement plan adopted by Resolution 2001-93 is that the City is not locked into debt for the capital improvement plan up front and therefore adjustments to the schedule and plan can be more easily accommodated. Further, a one-year "moratorium" in implementing the rate increases outlined in the 2001 Stormwater Financing Plan will not delay the construction of capital improvements that are currently budgeted and planned for construction in 2005. Staff is committed to the analysis of alternative improvement and financing schedules regardless of which option is selected. If Council desires to maintain current stormwater rates with no increase until the analysis is completed next year, Option A should be approved. If Council wishes to proceed with the 2001 rate plan which called for a 7% rate increase in 2005, Option B should be approved. (Option B would increase a typical single family residential customer's monthly bill from $14.26 to $15.26 or $1.00 per month. The typical bill is based on an 8,600 square foot lot with light run off. ) Both versions of the proposed Ordinance authorize the Utilities General Manager to adjust the lot area utilized in calculating the monthly stormwater fee for large residential lots that are greater than one-half acre and for properties used for agricultural purposes. These parcels have lesser stormwater runoff than typical developments and the proposed provisions would permit the General Manager the flexibility to recognize this difference. OPTION A ORDINANCE NO. 174, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26, ARTICLE VII, DIVISION 2 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO STORMWATER FEES WHEREAS , the City Council is empowered and directed by Article XII, Section 6, of the Charter of the City of Fort Collins, Colorado, to by ordinance from time to time fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs expenses and other obligations of the such utility, as set forth therein; and WHEREAS , Section 26-511 (a) of the Code of the City of Fort Collins, requires that the City Manager analyze the operating and financial records of the stormwater utility during each calendar year and recommend to the City Council the stormwater fees to be in effect for the following year; and WHEREAS , Section 26-514 of the City Code provides that the General Manager of the stormwater utility shall determine the stormwater fee rate that shall apply to each specific lot or parcel of land based on runoff coefficient, rate factor, base rate and square footage as set forth in this Section. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That Paragraph (5) of Section 26-514 of the Code of the City of Fort Collins be amended to read as follows : Sec. 26-514 . Determination of stormwater utility fee. (5 ) The monthly stormwater utility fee for each lot or parcel of land, exceptsingle-family f12;ee those parcels or lots falling within the exceptions set out in (6) and 7) below, shall be based on the following formula with all area calculations in square feet: Monthly fee = (lot or parcel area) x (rate factor) x (base rate) . Section 2 . That Paragraph (6) of Section 26-514 of the Code of the City of Fort Collins be amended to read as follows : Sec. 26-514. Determination of stormwater utility fee. (6) Single-family residential lots or parcels larger than twelve thousand ( 12,000) square feet, but not larger than one-half ( 1 /2) acre, shall be assessed on the basis of the first twelve thousand ( 12,000) square feet in accordance with the formula described in (5) above, and the remainder shall be assessed in accordance with the following formula: Remainder of monthly fee = (remaining area) x (rate factor) x (base rate) x (0 .25) . Section 3 . That a new Paragraph (7) be added to Section 26-514 of the Code of the City of Fort Collins to read as follows : Sec. 26-514 . Determination of stormwater utility fee. (7) Single-family residential or agricultural lots or parcels larger than one-half ( 1 /2) acre shall be assessed using the methods set forth in (5) and (6) above, except that the General Manager may assess a reduced fee or no fee for all or any portion of the lot or parcel in excess of one-half ( 1 /2) acre if the General Manager determines that such fee reduction is warranted by the land use characteristics and runoff characteristics of the remainder of the lot or parcel . Section 4 . That the amendments to Chapter 26 of the City Code contained herein shall go into effect on January 1 , 2005 , Introduced, considered favorably on first reading, and ordered published this 16th day of November, A.D . 2004, and to be presented for final passage on the 7th day of December, A.D . 2004 . Mayor ATTEST : City Clerk Passed and adopted on final reading this 7th day of December, A. D . 2004 . Mayor ATTEST : City Clerk OPTION B ORDINANCE NO, 1749 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26, ARTICLE VII, DIVISION 2 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO STORMWATER FEES WHEREAS , the City Council is empowered and directed by Article XII, Section 6, of the Charter of the City of Fort Collins, Colorado, to by ordinance from time to time fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs expenses and other obligations of the such utility, as set forth therein; and WHEREAS , Section 26-51 l (a) of the Code of the City of Fort Collins, requires that the City Manager analyze the operating and financial records of the stormwater utility during each calendar year and recommend to the City Council the stormwater fees to be in effect for the following year; and WHEREAS , Section 26-514 of the City Code provides that the General Manager of the stormwater utility shall determine the stormwater fee rate that shall apply to each specific lot or parcel of land based on runoff coefficient, rate factor, base rate and square footage as set forth in this Section; and WHEREAS , the City Council of the City of Fort Collins adopted Resolution 2001 -93 on August 21 , 2001 , approving the Stormwater Financing Plan, which identified the need for future stormwater fee increases to fully fund the design, construction, operation and maintenance of the stormwater system facilities ; and WHEREAS , consistent with the Stormwater Financing Plan, the City Manager has recommended to the City Council those adjustments for the stormwater base rate for the stormwater utility fee for the billing year beginning January 1 , 2005 , as set out herein below. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That Paragraph (3 ) of Section 26-514 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 26-514. Determination of stormwater utility fee. (3) The base rate for the stormwater utility fee shall be $0 . 0041454 $0 . 0044356 per square foot per month for all areas of the city. Section 2 . That Paragraph (5 ) of Section 26-514 of the Code of the City of Fort Collins be amended to read as follows : Sec. 26-514. Determination of stormwater utility fee. (5) The monthly stormwater utility fee for each lot or parcel of land, except single-family residential pareef s larger than twelve thousand ( f -2 ,000) square €eetthose parcels or lots falling within the exceptions set out in (6) and 7) below, shall be based on the following formula with all area calculations in square feet: Monthly fee = (lot or parcel area) x (rate factor) x (base rate) . Section 3 . That Paragraph (6) of Section 26-514 of the Code of the City of Fort Collins be amended to read as follows : Sec. 26-514. Determination of stormwater utility fee. (6) Single-family residential lots or parcels larger than twelve thousand ( 12,000) square feet, but not larger than one-half ( 1 /2) acre, shall be assessed on the basis of the first twelve thousand ( 12 ,000) square feet in accordance with the formula described in (5) above, and the remainder shall be assessed in accordance with the following formula: Remainder of monthly fee = (remaining area) x (rate factor) x (base rate) x (0 ,25) , Section 4. That a new Paragraph (7) be added to Section 26 - 514 of the Code of the City of Fort Collins to read as follows : Sec. 26-514. Determination of stormwater utility fee. (7) Single-family residential or agricultural lots or parcels larger than one-half ( 1 /2) acre shall be assessed using the methods set forth in (5) and (6) above, except that the General Manager may assess a reduced fee or no fee for all or any portion of the lot or parcel in excess of one-half ( 1 /2) acre if the General Manager determines that such fee reduction is warranted by the land use characteristics and runoff characteristics of the remainder of the lot or parcel. Section 5 . That the amendments to Chapter 26 of the City Code contained herein shall go into effect on January 1 , 2005 . Introduced, considered favorably on first reading, and ordered published this 16th day of November, A.D . 2004, and to be presented for final passage on the 7th day of December, A.D . 2004 . Mayor ATTEST : City Clerk Passed and adopted on final reading this 7th day of December, A.D . 2004 , Mayor ATTEST : City Clerk