Agenda - Council - 05/13/1997 - Laserfiche WebLink

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I I I I CASE # IMPLEMENTATION OF CHAPTER 8 OF THE CHARTER By: Ryan R. Schroeder, City Administrator Background: At the meetings of October 22, November 12 and December 10 1996, (at which meeting a public hearing was held) as well as April 8 and April 22, 1997, Council discussed adoption of an ordinance implementing the specifics of the general terms of the referendum amending Chapter 8 of the City Charter. At the April 22 meeting, Council introduced an ordinance regarding same. This ordinance is in front of you at this time for its second reading and adoption. 4 I I I I I At the meeting where this ordinance was introduced, representatives of two of the three households that will be immediately effected by this ordinance were present in the audience. At that meeting, these representatives expressed satisfaction with the ordinance as presently drafted. The ordinance provides for a definition of operable private well and septic systems. The intent of the ordinance is to provide that an existing system may be maintained so long as it is in conformance with those definitions or can be altered to come into compliance with those definitions. It also provides that, wherein a property has access to the municipal systems, having exercised the option to not previously connect to that system, connection must occur upon sale or transfer of the property. Finally, the ordinance provides direction to the public as to process for election of continuance on private systems in situations where Chapter 8 of the Charter comes into play (construction of municipal systems within an existing residential subdivision resulting in some of the properties not connecting to that system). Currently, three properties have exercised their rights under this Charter. We have enclosed a copy of the ordinance for which the public hearing had previously been held. The difference between that and the current draft appears to be in the definition section (current draft citing more specifics). At the December meeting, we had also discussed connection fees which are no longer under consideration. At the time of preparation of this case, staffhas not yet received a legal opinion as to the standing of 4.70.05 of this ordinance relative to the restrictions of the Charter. We also note that all five members of Council will not be available at this meeting. Given both factors, Council may wish to table action to the May 27 (or later) meeting. ! I Council Action: Motion to adopt ordinance #97-XX adding section 4.70 "implementation of Chapter 8.6 of the City Charter" Roll Call Vote I I I I - or - Motion to table adoption of Ordinance #97-XX to Reviewed by: City Administrator City Attorney CC: 05/13/97 jo/Council/Commissions/Council/rnay/513/charler, doc