#2 Public hearing to eliminate waiver of special assessment procedures (File Ord. #2011-478)ADMINISTRATIVE SERVICES MEMORANDUM
April 6, 2011
TO: City Council
FROM: Jacob J. Winzenz, Dir. of Admin. Services/Assistant City Manager
SUBJECT: Public hearing on a proposed ordinance eliminating the waiver of
special assessment procedures as a means for satisfying new
developer/subdivider storm sewer, sidewalk, and street lighting
payment obligations (File Ord. No. 2011-478)
Background
At the City Council meeting on March 14, 2011, a proposed ordinance eliminating
the waiver of special assessment procedures as a means for satisfying new
developer/subdivider storm sewer, sidewalk, and street lighting payment
obligations was given a first reading and scheduled for a public hearing on April
th
11. The City Council also requested that staff meet with the builder’s TQM
group to work out a mutually agreeable solution before the public hearing. Staff
and the builder’s TQM group have had two (2) very productive meetings, but we
are not yet ready to bring forward a proposal for Council consideration. It also
appears that the proposed ordinance may be different from what is currently
before the Council and will be presented at a future time. Therefore, staff is
requesting that the City Council defer action on this item until such time as staff
and the builder’s TQM group are prepared to bring forward a mutually acceptable
solution.
City Manager Recommendation
The City Manager recommends that the Council President announce at the
beginning of the Council meeting that there will be no second reading or hearing
on the currently proposed ordinance given the staff’s update and
recommendation. A different version will be presented for future consideration,
at which time a public hearing will be conducted. That will enable people to leave
the meeting at the outset and not have to wait until the agenda item is called.
There would be no hearing later. The City Attorney advises that this streamlined
procedure is proper given that the current version of the proposed ordinance will
both not be recommended by the staff or the TQM group and will not be the
version that the Council will vote on in the future. This will eliminate tonight’s
unnecessary public hearing and allow the City Administration to continue to
evaluate the best approach to amending the special assessment procedures in
the future taking into consideration future TQM builder input. The City will begin
the public hearing process when an amended ordinance is proposed.
Suggested Action
Since this matter was scheduled for a public hearing, it would be appropriate for
the Council President to indicate at the beginning the meeting that the City will
hold no hearing and intends to take no action on the currently proposed
Ordinance at this time, then not take action on the item to allow an amended
ordinance to come back to Council.
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