Notice of Special Meeting of Boxelder Basin Regional Stormwater Authority
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1 NOTICE OF SPECIAL MEETING OF BOXELDER BASIN REGIONAL STORMWATER AUTHORITY NOTICE IS HEREBY GIVEN that a special meeting of the Board of Directors of the Boxelder Basin Regional Stormwater Authority has been scheduled for Thursday, March 3, 2016, at 10:00 a.m. at Ayres Associates, 3665 John F. Kennedy Parkway, Fort Collins, Colorado 80525. DIRECTOR OFFICE HELD TERM EXPIRES APPOINTED BY Ken Sampley President April 2016 City of Fort Collins Richard Seaworth Director April 2018 Town of Wellington Vic Meline Treasurer April 2017 City of Fort Collins/Larimer County George Reed Secretary April 2017 Larimer County VACANT Director April 2016 Town of Wellington/Larimer County AGENDA I. ADMINISTRATIVE MATTERS A. Call to Order. B. Declaration of Quorum. C. Consideration of Agenda. (Page 1) D. Public Comments, limited to 3 minutes per person. II. CAPITAL MATTERS A. Consideration of LWCCS Change Order No. 4. III. MANAGEMENT MATTERS A. Consideration of Commercial Property Billing. (Pages 2-9) B. Discussion of Tiered Rate Systems and Billing Modifications for 2016. (Pages 10-30) C. Discussion of Non-Tributary Policy. (Pages 31-32) IV. LEGAL ITEMS A. Executive Session pursuant to C.R.S. 24-6-402(4)(a), concerning the purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest; C.R.S. 24-6-402(4)(b), conferences with an attorney for the public entity for the purposes of receiving legal advice on specific legal questions; and C.R.S. 24-6-402(4)(e), determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and instructing negotiators. V. OTHER MATTERS A. Director Comments. VI. ADJOURNMENT The next meeting is scheduled for March 30, 2016 at 4:00 p.m. 2 3 4 5 6 7 8 9 10 Boxelder Basin Regional Stormwater Authority Authority Fee Structure Recommendations Local Government Solutions, LLC September, 2011 The Boxelder Basin Regional Stormwater Authority (the Authority) Board of Directors intends to develop a consistent and technically sound basis for assessment of stormwater fees generally based on impervious areas of improved properties in the service area of the Authority. The Service Area of the Authority contains an array of lot sizes, land uses, and stormwater runoff configurations. Improved lots in the Service Area range from lots less than 6,000 square feet in size up through lots of greater than 20 acres in size. Configurations for runoff of stormwater also have considerable variation, ranging from concrete and asphalt surfaced mostly paved lots up through lots in subdivision with roadside ditch runoff systems. Larger lots mostly rely on County road ditches for removal of runoff. The Authority Service Area contains an array of residential lot sizes and configurations. It includes mobile homes, both in parks and on individual lots, condominiums, multi-family dwellings, and farmhouses with agricultural outbuildings Stormwater fees for properties within the Boxelder Authority are authorized in the Intergovernmental Agreement for Stormwater Cooperation (IGA) approved by the City of Fort Collins, Larimer County, and the Town of Wellington, dated August 18, 2008. The IGA states that stormwater fees adopted by the Authority shall generally based on impervious area of properties, and on average not exceed $.04 per square foot nor be less than $.03 per square foot. The IGA also requires that similarly situated lots shall be assessed the same everywhere in the Authority Service Area. A proposal has been made to the three government forming the Authority that the limitation on the lowest base rate fee should be reduced to $.02 per square foot. Commercial and Industrial Properties The Authority Service Area contains various commercial and industrial properties. Commercial and industrial properties vary greatly in size and amount of impervious surface. In most cases, runoff from commercial and industrial properties drains directly in to the urban drainage system. For that reason, the stormwater fee assessment for commercial and industrial properties will be based on a measurement of actual impervious area for each property. 11 Multi-Family Properties Runoff from Multi-family properties drains in most cases directly into the downstream runoff system. The established policy of the member entities in such cases is to assess fees based on the amount of impervious area on a given multi-family lot, regardless of the number of units. Mobile Homes Mobile Homes on individual lots will be assessed as single family homes. Stormwater fees for Mobile home parks containing multiple units shall be assessed against the owners of the land based on the amount of impervious surface within the entire mobile home park. Single Family Residential Properties Single Family Residential lot sizes range from a few thousand square feet at the small end to 20 acre and larger agricultural properties. Stormwater runoff conditions range from curb and gutter with asphalt street to roadside ditches and gravel streets. The Intergovernmental Agreement for Stormwater Cooperation provides for assessment of stormwater fees generally based on the impervious area of properties within the Service Area of the Authority. Due to the time and cost that would be required to determine the impervious area of every lot, and base assessments on the exact impervious area, Local Government Solutions LLC (LGS) recommends basing assessments on average impervious area for similarly situated lots. A tiered system would assess single family residential dwellings within groups of similar sized and similarly situated lots. LGS has constructed a database consisting of a random sampling of properties from across the Revised Service Area for the purpose of establishing the relationship between lot size and impervious area. The data has information about impervious area including rooftops and driveways for each sampled property. This data was used to establish a relationship between lot size and impervious area. Given the imprecise and complex nature of the relationship among impact of runoff from impervious surfaces on flooding, lot sizes and impervious surfaces, the relationship between fees and impact of runoff from impervious surfaces cannot be mathematically precise. Even if an extremely accurate determination of impervious surface were possible for every lot, it would not necessarily result in a strengthened relationship between impervious area and impact of runoff from various sizes and types of lots 12 Impervious Area Density. In choosing tiers, it was thought to be desirable to group single family residential properties together in groups as defined by runoff configuration as well as size. To further define the relationship between lot configuration and runoff characteristics, an analysis was made of the impervious density for all lots in the sampling database. The impervious density is the impervious area divided by the lot area for a given lot. A scatter diagram of the impervious density was prepared for all of the lots in the sampled database, with equal spacing being used for various sized lots, even though the difference in size was not equal. The scatter diagram revealed break points representing changes in stormwater runoff configuration (See Appendix Figure A). As stated earlier, the smallest lots are entirely urban, with small side and back yard setbacks, curb and gutter type runoff systems. A slope break in the scatter diagram occurred between lots smaller than 6,700 square feet and lots larger than 6,700 square feet. A review of lots ranging in size from 6,700 through 18,200 square feet showed that almost all such lots connect to curb and gutter type runoff systems with asphalt paved streets. Larger lots, beginning at about 1/3 acre through 1 acre in size generally have roadside ditch type runoff systems with asphalt paved streets which drain more or less directly to downstream runoff conveyance systems. and are represented by a second slope break on the density scatter diagram. Lots between 1 acre and 10 acres are represented by a third slope break, and finally lots bigger than 10 acres show a fourth slope break. The largest lots, greater than 10 acres generally represent County road addresses, meaning that the connection to the downstream runoff system for most of these lots is by means of County roadside ditches. Identification of tiers Reviewing the sampled database for lot size and impervious area, it was noted that many of the smallest lots have impervious areas that are disproportionately large, meaning that a greater percentage of the lot was impervious. In almost every case, these smallest properties are on curb and gutter type street and drainage systems. A breakpoint was set at 6,700 square feet and smaller for the smallest tier of single family lots. The next tier was defined as lots between 6,701 square feet and 18,200 square feet (1/2 acre). The 18,200 square feet breakpoint was used because below that size, most lots are on curb and gutter drainage systems, and a second slope break on the scatter diagram exists at about the 18,200 square foot lot size. A third tier is recommended to encompass lots between one half acre to one acre. This group represents a transition between urban and rural style lots due to the economics of street construction style and the cost of public sewer. Subdivisions with these size lots are mostly constructed with roadside ditch type stormwater systems. Lots larger than 1 acre are generally constructed with roadside ditch type streets and on-lot sewage disposal systems. Roadside ditch systems represent a very different type of stormwater runoff effect than do curb and gutter systems. 13 Lots above one acre are almost exclusively roadside ditch, or front on County roads. A final slope break on the scatter diagram was noted between lots above and below ten acres in size. Many lots greater than ten acres in size are on County roads, or in metes and bounds described tracts which have no direct connection to the downstream runoff system.