Staff recommends Council rescind and repeal Resolution No. 90-16317 exempting the property located within Hogan Homestead Subdivision from storm sewer assessments.

On June 11, 1990, Council passed and approved Resolution No. 90-16317.  This resolution exempted all property within Hogan Homestead Subdivision from storm sewer assessments as at that time, Hogan Homestead Subdivision did not discharge storm water into the City's storm sewer system.  However, Hogan Homestead Subdivision currently discharges storm water into Hogan Slough. The City has maintenance responsibility for Hogan's Slough. In addition, the stormwater fee that is charged to all properties within the City is based on the stormwater system being an integral part of the street system.  Streets cannot function effectively without a storm drain system whether that be pipes, swales, or otherwise, and so all properties are assessed regardless of their particular property discharge. Therefore, staff is recommending that Council rescind and repeal the 1990 resolution and begin charging properties within Hogan Homestead Subdivision for storm sewer effective July 1, 2024.

A map of Hogan Homestead Subdivision is attached as well as a list of current property owners.  A public hearing for March 11, 2024, was advertised in the Yellowstone County News on March 1 and March 8, 2024.  Additionally, a letter was mailed to all property owners within Hogan Homestead Subdivision to notify them of the public hearing regarding the repeal of the resolution exempting these properties from storm fees.  Public Works was contacted by property owners within the Subdivision prior to the public hearing and asked to delay the public hearing until April 22, 2024, to give the property owners time to meet with Public Works.  The public hearing was opened on March 11, 2024, as advertised and continued to April 22, 2024.

City Council may:

• Approve rescinding and repealing Resolution No. 16317; or,
• Not approve the Resolution and continue exempting properties within Hogan Homestead Subdivision from storm assessments.

All properties within Homestead Hogan Subdivision are zoned Corridor Mixed-Use 2 and the total square footage of the 47 properties is 4,725,001 square feet.  At current storm sewer fee rates and current rate methodology using square footage and zoning, the total annual revenue generated from Hogan Homestead Subdivision would be $64,964 if these properties were no longer exempted from storm fees.  The average storm fee would be $1,382.21 and the median is $932.64.  The largest property in the Subdivision (635,723 square feet) would be charged $8,740.56 annually.