HomeMy WebLinkAbout2021-097-10/19/2021-MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE MOUNTAIN RIDGE FARMS HOA APPEAL OF EXCE RESOLUTION 2021-097
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE
MOUNTAIN RIDGE FARMS HOA APPEAL OF EXCESS WATER USE SURCHARGE
WHEREAS, on June 24, 2021, a hearing was held pursuant to City Code Sections 26-53
and 26-351 with Touchstone Property Management ("Touchstone") on behalf of the Mountain
Ridge Farm Homeowners Association("HOA")before a Fort Collins Utilities("Utilities")hearing
officer ("Utilities Hearing Officer"); AND
WHEREAS, the purpose of the June 24 hearing was to consider Touchstone's request for
Utilities to waive the excess water use surcharges imposed pursuant to City Code Section 26-
149(d) that were incurred during 2020 for the HOA's Utilities sprinkler account located at 1103
Wabash Street, which is owned by the HOA and managed by Touchstone; and
WHEREAS, the Utilities Hearing Officer denied the request on July 9, 2021; and
WHEREAS, on July 23,2021, Touchstone ("Appellant")filed a Notice of Appeal with the
City Clerk pursuant to City Code Chapter 2, Article I1, Division 3, as authorized by City Code
Section 26-351; and
WHEREAS, pursuant to City Code Section 2-49, the Notice of Appeal was timely filed
and the Appellant is a party-in-interest eligible to file an appeal; and
WHEREAS, the Notice of Appeal alleged that the Hearing Officer improperly interpreted
and applied City Code Section 26-721(4)(b) regarding charges in the case of a meter failure; and
WHEREAS, the Notice of Appeal included no allegations regarding a failure to conduct a
fair hearing; and
WHEREAS, on October 5, 2021, City Council, after notice given in accordance with City
Code Section 2-52,held a public hearing("Council Hearing") pursuant to City Code Section 2-54
to consider the allegations raised in the Notice of Appeal; and
WHEREAS, at the Council Hearing the City Council considered the record on appeal, any
additional evidence provided at the hearing, testimony from City staff, and testimony from the
Appellant's representatives in support of the Appeal; and
WHEREAS, after discussion,the City Council found and concluded based on the evidence
in the record and presented at the October 5, 2021, hearing that: (1) the Appellant based its request
for relief in the Notice of Appeal exclusively on City Code Section 26-721(4)(b), which concerns
water meter failures;(2)there were no water meter failure issues in this appeal;and(3) the Utilities
Hearing Officer properly interpreted City Code Section 26-721(4)(b); and
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WHEREAS, City Code Section 2-56(c) provides that no later than the date of its next
regular meeting after the hearing of an appeal, City Council shall adopt, by resolution, findings of
fact in support of its decision on such appeal.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that, pursuant to Section 2-56(c) of the City Code, the City Council hereby makes and
adopts the following findings of fact and conclusions:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That based on the evidence in the record and presented at the October 5,
2021, Council Hearing, Council finds that:
(a) the Appellant based its request for relief in the Notice of Appeal exclusively
on City Code Section 26-721(4)(b), which concerns water meter failures;
(b) there were no water meter failure issues in this appeal;
(c) the Utilities Hearing Officer properly interpreted City Code Section 26-
721(4)(b);
(d) the appeal set forth in the Notice of Appeal is therefore denied.
Section 3. That adoption of this Resolution shall constitute the final action of the City
Council in accordance with City Code Section 2-56(c).
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th
day of October A.D. 2021.
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ATTEST:
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Interim City Clerk
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