16 - RESOLUTION FOR TEMPORARY RESIDENTIAL RENOVATION INCENTIVE PROGRAM

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Item No. 16 memorandum TO: City Council John Godwin, City Manager FROM: Stephanie H. Harris, City Attorney SUBJECT: RESOLUTION FOR TEMPORARY RESIDENTIAL RENOVATION INCENTIVE PROGRAM— WAIVER OF CONSTRUCTION PERMIT FEES AND FINANCIAL INCENTIVE RELATING TO COMMERCIAL REFUSE PICK -UP FOR CONSTRUCTION DEBRIS DATE: February 7, 2017 BACKGROUND: At the January 9, 2017 meeting, Council voted to waive construction permit fees for residential renovations along Pine Bluff Street in connection with the Mayor's "Street of Dreams" presentation. On January 23, Council voted to extend this program to the rest of the City and to waive any fees related to trash pick -up for construction debris related to these residential home renovations. Mr. Godwin reminded Council that pick -up of construction debris was done by Sanitation Solutions, Inc., and I asked Council to give me an opportunity to make sure the City could legally waive permit fees. STATUS OF ISSUE: I have prepared the attached resolution for your review and possible adoption to implement a temporary Residential Renovation Incentive Program. In the resolution, the Council makes a finding that waiving permit fees and providing a financial incentive related to the commercial waste pick -up serves the public purpose of encouraging repair and renovation of existing residential structures because residences which are well- maintained and in good repair preserve and enhance property values, encourage growth and enhance the health and well- being of the existing residents of the City. Since the trash collection fees are paid to an outside commercial venture, the resolution provides that upon presentation of an invoice from Sanitation Solutions (the sole provider of this particular service in the City) for the roll -off container and pick -up (this is one combined fee) related to renovations and repairs covered by a permit for which the person has qualified for the fee waiver, the City will reimburse 11% of the pre -tax Sanitation Solutions fees. The 11% represents the percentage of gross revenues Sanitations Solutions pays to the City under its commercial waste collection permit (Ordinance 2016 -024). A rebate in an amount greater than the 11 % fee paid to the City by Sanitation Solutions would be a grant of public funds to private individuals and raises constitutional concerns. BUDGET: The City Manager estimates that this program will have an approximate cost of $7,000.00, although depending on the size and nature of the renovation, and the amount of material required to be removed by Sanitation Solutions, the costs may vary. RECOMMENDATION: Consider and possibly adopt the resolution.