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HomeMy WebLinkAboutMemo - Mail Packet - 6/27/2017 - Memorandum From Kevin R. Gertig Re: Blehm Subdivision Annexation And Stormwater Utility Fee Waiver RequestUtilities Executive Director electric  stormwater  wastewater water 222 Laporte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6702 V/TDD: 711 utilities@fcgov.com fcgov.com/utilities M E M O R A N D U M DATE: June 19, 2017 TO: Mayor Troxell and Councilmembers FROM: Kevin R. Gertig, Utilities Executive Director THRU: Darin Atteberry, City Manager RE: Blehm Subdivision Annexation and Stormwater Utility Fee Waiver Request Bottom Line: A letter was received on April 20 th from six residences in the Blehm subdivision that are expecting to be annexed into the City in the near future (1 st Reading is scheduled for July 18, 2017) requesting that the stormwater utility fee be waived for them. It is not recommended that the stormwater utility fee be waived for these properties for two reasons: 1. While these properties, at almost 300,000 square feet, are much larger than most residential properties in the City, per City Code Section 26-514(a), a significant discount (72%) in the fee assessment would be applied to these properties because of their unusual size recognizing the lower ratio of impervious soil on such properties. 2. Like all other properties within the City, these properties will benefit from stormwater facilities. Summary: City Code section 514(b) states: “In the event that the City Council has determined at the time of annexation of a lot or parcel of land that the temporary reduction of the stormwater utility fee is justified in order to mitigate the economic impacts to the annexed properties in light of the relevant circumstances, the stormwater utility fee applicable to said lot or parcel may be temporarily reduced by the City Council pursuant to a schedule set forth in the ordinance annexing said parcel or lot.” The letter outlined the basis for the stormwater utility fee waiver as: “We believe this fee is not applicable to our properties. Our properties have less than 2% of impervious surfaces. The run-off, from the impervious surfaces, does not enter a storm drainage system and is absorbed back into our lands. For these reasons, the stormwater fee is not relevant to our acreages. We are requesting this fee be waived.” It is a common misperception that stormwater fees in general, and stormwater utility fees in particular, are intended solely for the purpose of mitigating normal runoff and flooding on a Page 1 of 2 DocuSign Envelope ID: A8FF9DFC-586B-4628-AF2B-D26FC184F8DD particular property. As City Code Section 26-513 reads in part: “…Further, the City Council finds that this fee benefits all users of the utility’s stormwater facilities by allowing for the construction, improvement, operation and maintenance of stormwater facilities in the City that promote the health, safety and welfare of such users during storms and floods by: (1) protecting the movement of emergency vehicles and emergency personnel; (2) keeping access open to necessary and critical public and private facilities and buildings; (3) preventing death and injuries to persons; (4) preventing damage to public and private property; and (5) protecting the continued operation of other public utility services.” As Fort Collins residents, these newly annexed properties will benefit like all other residents from the stormwater infrastructure. Moreover, while it is acknowledged that these properties have a lower impervious area than most residential properties due to their acreage, the City Code specifically addresses this in determining the monthly stormwater utility fee. City Code Section 514(a) outlines the stormwater utility fee calculation. The resulting calculation after recognizing the lower impervious area associated with residential and agricultural lots is a 72% discount off of the per- square-footage-based monthly fees that would be assessed without such a recognition. As the City builds out the stormwater infrastructure to serve existing and annexed areas of the growth management area, having every residence contributing to the ongoing operation and maintenance of this infrastructure will ensure that adequate revenues are generated to protect the City and everyone throughout our community. Cc: Lance Smith, Utilities Strategic Finance Director Jon Haukaas, Water Engineering and Field Services Operations Manager Page 2 of 2 DocuSign Envelope ID: A8FF9DFC-586B-4628-AF2B-D26FC184F8DD