HomeMy WebLinkAboutItem 13 - Ordinance 08-108 2014 Lateral Benefit Charge
MAYOR & COUNCIL COMMUNICATION
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DATE: 06/17/2014 Consent ITEM #: 13 AGENDA ITEM: Perfecting Amendment for Lateral Benefit Charge Assessment Calculation
SUBMITTED BY: Adam Bell, City Clerk
THROUGH: Dean A. Zuleger, City Administrator
REVIEWED BY: Jack Griffin, City Engineer
Dean A. Zuleger, City Administrator
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item ..................................................................................... Staff
- Report/Presentation………………………………………… ...................... Staff
- Questions from Council to Staff ............................................. Mayor Facilitates
- Call for Motion ............................................................... Mayor & City Council
- Discussion ....................................................................... Mayor & City Council
- Action on Motion .................................................................... Mayor Facilitates POLICY RECCOMENDER: City Clerk FISCAL IMPACT: No new impact
SUMMARY AND ACTION REQUESTED:
The City Council is requested to adopt perfecting Ordinance 50.17 of the Municipal Code to further
clarify terms used in the recent adoption of the Lateral Benefit Charge Language. As part of the Consent Agenda, no specific motion is required. If the Council chooses to pull the item for discussion, the recommended motion for this action is as follows:
“Move to approve Ordinance No. 08-108, perfecting previously approved language establishing a formula for levying lateral benefit charge assessments for building units (parcels) both in and out of utility areas designated by the Comprehensive Plan” LEGISLATIVE HISTORY/ BACKGROUND INFORMATION ANALYSIS:
On May 6, 2014, the City Council approved language establishing a formula for levying lateral benefit charge assessments for building unit (parcels) both in and out of utility areas designated by the Comprehensive Plan. In order for the newly approved ordinance to be consistent with the current code and the current terms used in the Comprehensive Plan, the language modifications proposed in this
City Council Meeting [Consent Agenda Item 13]
June 17, 2014
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version of Ordinance 08-108. Ultimately, the new language retains the intent of the recently passed
policy.
The changes include:
• Adding definition of “municipal urban service area” as “an area guided for municipal sanitary sewer service.”
• Replacing the phrase “utility service area” with “municipal urban service area.” The MUSA language is what the current Comp Plan uses to describe areas planed for sewers, which is the intent of the original language.
• Added further clarification to the charges that are included to property owners outside of MUSA who elect to connect at a later date. The specific WAC/SAC language previously used was potentially too limiting. It did not include connection or meter costs. The new language covers all the potential costs associated with connection.
• Staff recommends changing Section 3 regarding the specific fee amount. It is recommended that
the fee be similar all the other fees identified in the Code and not specified in the specific code section. The fee schedule, which Council amends from time to time as needed and has the opportunity every new year to review and approve or modify, is the proper place to list the fees.
This makes it easier to locate and amend as it is already located in the fee schedule.
(SWOT ANALYSIS):
Strengths Amending the recently approved Ordinance language will make the ordinance consistent with current terms and definitions while remaining true to the intention of the policy adopted by Council. This is necessary for consistent and clear application of the policy. This action will also allow the city to properly codify the language in the City Code. Weaknesses This code will possibly need to be amended again in the future when the language in the Comprehensive Plan is changed. Staff does expect to some terms used in the future to change. Opportunities Council will have the opportunity to amend the fee schedule as needed and be
consistent with all other City Fees. Threats None RECOMMENDATION:
Based on the aforementioned, the staff recommends adopting the perfecting amendment as Ordinance 08-108. As part of the Consent Agenda, no specific motion is required. If the Council chooses to pull the
item for discussion, the recommended motion for this action is as follows: “Move to approve Ordinance No. 08-108, perfecting previously approved language establishing a formula for levying lateral benefit charge assessments for building units (parcels) both in and out of utility areas designated by the Comprehensive Plan” ATTACHMENT(S):
1. Ordinance 08-108, Lateral Benefit Assessments for Trunk Water Main and Trunk / Interceptor Sewer Improvements 2. Redlined Version of Ordinance 08-108