Questions remain about future of stormwater fee
Posted: 11.04.2009 at 7:13 PM

Douglas Bruce says it should be elimiated but Mayor Lionel Rivera is not soo sure

COLORADO SPRINGS, COLO. -- As the results of Tuesday night's election start to settle, questions are beginning to arise about the interpretation of Issue 300.

The issue asked voters whether they are for or against phasing out enterprise payments made to the city, and whether all loans, gifts and subsidies between an enterprise and city, or another enterprise should be prohibited.

The issue's author, Douglas Bruce, meant for 300 to eliminate the stormwater fee, which he calls a "hidden tax."

"They want to see if they can get away having lost the election with simply disregarding the results of the election and violating the clearly expressed will of the voters," Bruce said.

Strong words from Bruce who said the ballot language for Issue 300 was clear and specifically targeted enterprise payments gifts or subsidies made to the city.

"They have said it was not a tax, but a fee, because it is dedicated to a specific purpose. Well, that specific purpose has now been made illegal by issue 300," Bruce said.

Mayor Lionel Rivera said the city sent out literature to voters before the election explaining to them that Issue 300 did not include the Stormwater Enterprise.

He said right now the measure is too vague to determine how and if it will impact the fee.

"Let's say it does. Well, in that case you would treat it the same way as Colorado Springs Utilities PILT. It would be phased out over eight years," Rivera said.

PILT is the Payment in Lieu of Taxes that CSU pays.

Before any decisions about the Stormwater Enterprise are made, Rivera said city council will need to consult the city attorney.

Meanwhile Councilman Daryl Glenn said there is no debate about the future of the fee.

"When you talk to people who voted for the initiative, when you drive around the community and look at all the signs referencing the Stormwater Enterprise, I think it is a clear mandate that the citizens were upset and wanted to vote on it," Glenn said.

If city council does not acknowledge Issue 300, Bruce said he will take the debate to the courtroom.