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HomeMy WebLinkAbout2006 09 25 Regular 302 Stormwater Utility Fee Adjustment COMMISSION AGENDA ITEM 302 Regular September 25, 2006 Meeting MGR. /Dept. REQUEST: The Public Works Department Stormwater Division requests the City Commission review the stormwater utility fee adjustment request by Michael D. Jones of 560 Dunmar Circle pursuant to Section 19-166 of the City Code of Ordinances. PURPOSE: The purpose of this Agenda Item is to allow Michael D. Jones of560 Dunmar Circle to petition the City Commission on the denial by the City Manager of the stormwater utility fee adjustment request as provided in Section 19-166(a)(4) of the City Code of Ordinances. APPLICABLE CODE: Sec. 19-166. Adjustment of fees. (a) Any owner, tenant or occupant who has paid the fee assessed against his property and who believes that the fee is in error may, subject to the limitations set forth in this section, submit an adjustment request to the city manager. (1) Adjustment requests shall be made in writing and shall set forth in detail the grounds upon which the request is made. (2) The city manager shall review the adjustment request within ninety (90) days of the submittal of the request and shall respond in writing to the applicant, either denying or granting the request with the reasons therefore stated in such response. (3) The rate adjustment, if granted, will apply retroactively to the date on which the erroneous information was applied to the applicant's fee, but not to exceed one (1) year prior to the adjustment request. (4) If this adjustment is denied, the applicant may, within thirty (30) days of the receipt of the denial, petition for a review of the adjustment request by the city commission. The city commission shall review the adjustment request in accordance with the provisions set forth in this article as well as the evidence provided in the original adjustment request and supplemental evidence requested by the city manager or provided by the applicant prior to the decision made by the city manager. Within sixty (60) days after applicant files the petition, the city commission shall, in writing, either grant or deny the petition. If the petition is granted, the city manager will apply the adjustment to the fee for the requesting customer for the retroactive period identified by the city commission. If the petition is denied, the petitioner may appeal to circuit court, provided said appeal is filed within thirty (30) days after the commission renders its decision. 092506_ COMM _Regular _302 _Stormwater]ee_Appeal September 25,2006 Regular Agenda Item 302 Page 2 of 3 (b) The city manager, upon discovering an error or oversight in the calculation of the fee, may initiate an adjustment request. The request must be made in writing documenting the reasons for the adjustment. In the event that the adjustment would require an increase in the fee, the city manager must provide the adjustment request to the affected fee payer thirty (30) days prior to adjusting the fee and offer the fee payer an opportunity within the stated thirty (30) days to request an adjustment pursuant to the provisions of subsection (a) above. An increase or decrease in fee shall not be retroactively effective more than one (1) year from the date of adjustment. (Ord. No. 521, ~ 6, 7-27-92) FINDINGS: 1) On March 31,2006, Michael D. Jones submitted a letter to the City Manager requesting that the City adjust the City Stormwater fee imposed on 560 Dunmar Circle be deleted from the City's utility bill. 2) As stated in his letter, Mr. Jones' believes the stormwater fee should be deleted essentially based on three grounds: a) The road and stormwater system in Dunmar Estates is private and has been privately maintained for 25 years. b) The City does not furnish stormwater services to Dunmar Estates nor does the City assist in the maintenance of any of the drainage swales, culverts, etc. c) The City code exempts developed property not served by City water and sewer from paying the stormwater management utility fee deposit, but does not define deposit. The implication being that if the property is not served by sewer and water and there is no stormwater services rendered to the property then there is no stormwater fee. 3) On May 11,2006, the City Manager denied Mr. Jones' request to delete the stormwater fee for 560 Dunmar Circle. The basis for the City Manager's decision is as follows: a) 560 Dunmar Circle is residential developed property subject to the stormwater fee pursuant to Sec. 19-164 City Code at a rate of One Equivalent Residential Unit (ERU). An ERU is the most common unit that stormwater utilities use to measure impervious area for purposes of calculating stormwater fees. b) Stormwater is generated from Dunmar Estates. Dunmar Estates is part of the Gee Creek Secondary Stormwater Basin System 3 (Little Lake Howell Creek). That basin is managed and operated by the City using the stormwater fees collected pursuant to Chapter 19, Article V, Stormwater Management Utility, of the City Code. c) Dunmar Estates does not have a stormwater management facility designed and constructed for the purpose of stormwater pollution reduction and is not eligible for a reduced rate under Sec. 19-164(c). d) The stormwater deposit waiver for non water and sewer customers does not absolve residential developed property from the stormwater fee. September 25, 2006 Regular Agenda Item 302 Page 3 of 3 (4) On May 31,2006, Mr. Jones timely appealed the City Manager's decision to the City Commission. Two (2) time extensions were mutually agreed to because of scheduling conflicts. (5) The City Commission must now review the original adjustment request and the evidence provided in the original adjustment request, supplemental evidence requested by the City Manager, or evidence provided by Mr. Jones prior to the decision made by the City Manager. (6) At the September 11 th City Commission meeting, the City Commission directed staff to determine whether or not stormwater flows off ofMr. Jones' property into the City system. (7) Staff requested access to Mr. Jones' property in writing on September 12, 2006 to inspect the area and received a denial dated September 13th from Mr. Jones. No engineering data has been provided by Mr. Jones. Copies of the correspondence are attached. (8) Kipton Lockcuff, P.E., UtilitylPublic Works Director, Brian Fields, P.E., City Engineer and Terry Zaudtke, P.E. ofCPH Engineers reviewed the best available information (2001 topographic survey from St. Johns River Water Management District) and unanimously agreed that portions of Mr. Jones' property and other areas of Dunmar Estates clearly flow into the drainage basin known as Little Lake Howell Creek which is a subbasin of Gee Creek. (9) The City Commission needs to deliberate, ask additional questions if any, and render a final decision. The City Commission's decision is subject to appeal to the Circuit Court per Section 19-166(a)(4), Winter Springs Code. RECOMMENDA TION: Staff recommends that the City Commission uphold the City Manager's decision to deny the request to delete the stormwater fee from the utility bill. ATTACHMENTS: 1. Correspondence of September 12th and September 13th. CITY COMMISSION ACTION: - ATTACHMENT No. 1 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 Fax (407) 327-6695 UtIlity Public Works Department September 12, 2006 Michael D. Jones 560 Dunmar Circle Winter Springs, FL 32708 Re: Stormwater Utility Fee Appeal Dear Mr. Jones: We are requesting permission to inspect 560 Dunmar Circle in response to your statements at the hearing on September 11, 2006. We would also request you provide us with the engineering documents referenced in your testimony. Please advise as soon as possible. Sincerely, Kipton Lockcuff, P.E. UtilitylPublic Works Director Cc: City Manager City Attorney MICHAEL D. JONES 560 Dunmar Circle Winter Springs, Florida 32708 407/695.3139 September 13, 2006 Mr. Kip Lockcuff City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 RE: Storm Water Utility Fee Dear Mr. Lockcuff: Thank you for letter of September 12, 2006 regarding "Stormwater Utility Fee Appeal". I find your letter to be somewhat troubling. As your able counsel advised the City at the outset of the appeal hearing, the review by the Commission was limited to that which was already of record and the Commission added that which was in rebuttal to what you placed in the record at the hearing. You advised on August 22,2006, that you were unable to advise of the procedure that was to be followed in the appeal process. At no time was I advised that there was the ability to take depositions or conduct other discovery. Because of the applicability of the ordinance in question is at issue, it follows that the ordinance mayor may not be applicable to me until the conclusion of the appeal. Therefore, I think it inappropriate for there to be a discovery process induced after the appeal process has commenced and your request to inspection 560 Dunmar Circle or any portion of Dunmar Estates, not specifically approved by the property owner and the Architectural Control Committee is denied. It was not my intention nor is it my desire that the City waste valuable time and money investigating this issue. Clearly, funds could be diverted to more productive measures. I have no problem with the fee, as evidenced by the fact that I paid it a year in advance. My concern is that we are not provided service in Dunmar and there apparently is no budget or plan for the same. If you can outline a proposed plan that provides storm water operation, maintenance, repair and replacement of Dunmar's drainage infrastructure, I would be happy to consider the same and work with the City to implement the plan with the affected property owners and the Association. September 13, 2006 Page 2 I understand that over the past ten years, property owners and the Association have spent over $7,000.00 to maintain a portion of the drainage ditch which serves only the City and none of Dunmar. While my request may be different, I suggest Dunmar is different, and it would not be inappropriate for their to be a storm water system set up to address storm water issues in Dunmar with the residents approval. You can do what you have to do, but remember my schedule when you arrange the engineering study. Sincerely , Michael D. Jones Copy to: Damon Chase, Esquire (via facsimile) Debra Nutcher, Attorney at Law (via facsimile) George Acha, President HOA