HomeMy WebLinkAboutMemo - Mail Packet - 6/27/2017 - Memorandum From Kevin R. Gertig Re: Blehm Subdivision Annexation And Stormwater Utility Fee Waiver RequestUtilities Executive Director
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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
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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
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