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There were also some specific questions that Council raised such as how to address a situation where Homeowner’s <br />Associations (HOAs) are required to complete maintenance of the public stormwater system. In these instances, should <br />a credit or reduction in Stormwater Utility fee be made? Staff completed some preliminary research regarding this <br />matter, primarily looking into ownership of stormwater infrastructure in neighborhoods with HOAs around the city. The <br />scope of services proposes to expand the research and determine what appropriate credit would be. Council also asked <br />the question of whether Stormwater Utility fees for public right-of-way areas can be assigned to private properties <br />based on their share of the traffic generated on public roadways. Seeing this as more of a legal matter, staff consulted <br />with the City Attorney. After reviewing the matter, the City Attorney offered an opinion that a stormwater fee based on <br />traffic generation over public roads is very likely not legally defensible. Given the legal opinion, staff are not conducting <br />further research related to this matter and tasks related to this are not included in the scope of services. <br />As part of the review, staff will also work with the City Attorney to ensure our code is compliant with state law. <br />FISCAL IMPACT: <br />This item is included in the 2026 Budget and will be paid out of the Stormwater Fund. <br />OPTIONS: <br />1.Approve the scope of services and fee to complete review of Stormwater Utility fee as outlined. <br />2.Do not approve the scope of services and fee to complete review of Stormwater Utility fee as outlined. <br />3.Modify scope of services for the Stormwater Utility fee review and direct the City Engineer to proceed with <br />modified scope. <br />RECOMMENDATION: <br />“Motion to approve the scope for review of Stormwater Utility Code as provided by Bolton & Menk, Inc.” <br />ATTACHMENTS: <br />1.Current City Code regarding Stormwater Management Utility. <br />2.Scope and fee from Bolton & Menk regarding review of stormwater management fee.