Residents press council on storm‑water fee; city attorney says fee is not a tax

Several residents used the public‑comment period on June 8 to press the council about a possible storm‑water fee increase, arguing fee design and disclosure warrant closer review. Chris Bomb (Ward 4) called the proposal "a deceptive and unscrupulous means of increasing taxes," and cited TABOR and comparative revenue figures in a passionate public comment.

"The plan to increase the storm water free fee is a deceptive and unscrupulous means of increasing taxes," Bomb said during the public comment period, arguing that fees should not be used to evade voter approval for revenue increases and urging the council to consider alternatives.

Later in the meeting City Attorney Hoffman responded to public statements on the legal status of the fee, saying the storm‑water charge is a fee for a governmental service and not a tax. "The storm water fee is most clearly a fee and not a tax under any definition of tax under Colorado law," Hoffman stated, clarifying the legal distinction between a user fee levied for a particular service and a general tax.

Council members and staff noted that staff presented a storm‑water needs assessment at a recent study session; council and finance committees are weighing options, and staff said proposed fee changes would be considered in the context of the 2027 budget and project prioritization. Residents and council members also flagged a set of identified storm‑water projects (roughly $3.5 million for five top projects was cited in public comment) and emphasized the need to link revenue proposals to clearly defined projects and timelines.

Source: Public comments by Chris Bomb (SEG 122–180) and legal clarification by City Attorney Hoffman (SEG 3250–3268) at the June 8 council meeting.