Department of Finance
Reference: Municipal Code Clean Up - Fees, Rates and Definitions
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Catrina Asher, Director of Finance
Scott Olsen, Director of Utilities
Date Prepared: September 3, 2024
PURPOSE
To propose updates to the Municipal Code related to impact fees, utility rates, and related language.
BACKGROUND
Staff presented this proposal to City Council at a Study Session on July 23, 2024. This proposal addresses the Municipal Code update portion of that discussion. This proposal does not include any proposed changes to the amounts charged for various fees or rates.
Municipal Code Updates
As staff reviewed impact fee levels and definitions, it was noted that the City’s Municipal Code included inconsistent or outdated definitions. While reviewing and updating impact fees, staff took the opportunity to update the code as needed. The substantive changes proposed are summarized below and would be effective on January 1, 2025:
• Impact Fee related updates
o Updated fee definitions and added fee for General Services, a new impact fee category that would be applied to residential development should the fee be approved during the annual fee resolution review.
o Added language regarding City developed properties to require that utility fund impact fees are paid by the City unless the development is funded by the utility (in this circumstance, the fund would be paying itself). This requires that development for general City purposes pay impact fees to utility funds.
o Changed the name of Plant Investment Fee to Impact Fee throughout Code.
• Other Fee related updates
o Updated the definitions of single-unit dwelling and multi-unit dwelling to be consistent throughout the Code.
o Removed all impact and utility related fees from Municipal Code and move them to the annual fee resolution.
• Utility related updates
o Added definitions for curb stop, fee-in-lieu of water dedication, water dedication and water tap.
o Added a requirement for the property owner to be responsible for all costs associated with utility service abandonment has been added.
o Updated Section 13-4-60 related to the curb stop valve to remove outdated language and match current utility practices.
o Removed portions Code which are addressed in the City’s Standards and Specifications.
o Added clarifying language to Section 13-4-220 related to ownership of service lines. The language does not substantially change ownership responsibilities as previously outlined in Code.
o Removed Section 13-4-230 related to “stop box” maintenance as it is repetitive.
o Added Section 13-12-55 to clarify that existing wastewater services outside City Limits are approved, that monthly rates for existing service shall be double those for service within the City, and that no new wastewater service outside of City limits shall be approved.
o Removed exemption for private streets from the storm drainage impact fee and monthly maintenance fees.
o Added language to Section 14-9-82 related to storm drainage monthly charge credit. The additional language allows City Staff to administratively continue the credit a property is receiving at the discretion of the Director.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
The proposed changes help provide clarity and consistency to the language in Municipal Code.
FINANCIAL IMPACT
There are minimal financial impacts to the proposed code changes.
STAFF RECOMMENDATION
Staff recommends approving the proposed changes as presented.
Attachments:
- Ordinance (clean)
- Ordinance (redlined)
- Presentation