Suggested changes to the city's local improvement charge (LIC) formula has some council members confused on exactly what Industrial Road property owners can expect to pay for work planned for the road this year.

City staff brought forward the proposed changes at Monday evening's council meeting.

They would establish new rates for the charge property owners pay for a portion of above-ground road work done next to their land. City staff told council an LIC could be applied to work throughout Marwell planned for this summer.

That includes $2.4 million in work outlined for Industrial Road from Two Mile Hill to Quartz Road.

Coun. Ranj Pillai told city officials he and the affected property owners understood the city would not be charging for the work because Industrial is an arterial road.

Coun. Florence Roberts also noted she had been left with the same perception.

Earlier this year, city staff indicated that could indeed be the case.

Last night, however, city engineering manager Wayne Tuck argued, "It's clearly an LIC.”

He and city manager Dennis Shewfelt said even though staff had discussed not charging for the work, there had been no decision made.

While they are now deeming the street as a "major collector road” rather than arterial, they also noted that LICs can be charged for work on any type of road in the city, provided there is the support of at least 50 per cent plus one property owner.

As Coun. Doug Graham pointed out, council can deal with the issue of specific LICs – such as that for Industrial Road – as they come up.

"It's the timeline we're getting jammed with here,” Pillai said.

It's already April, he noted, and the city will first have to consider the changes to the LIC policy and bylaw before staff even bring forward the LIC for Industrial Road and the rest of Marwell.

If the policy changes go ahead, Tuck said, council can expect to see the proposal for Marwell shortly after that's adopted.

With financing coming from the federal Building Canada fund, Pillai wondered what will happen if the LIC for Industrial Road is turned down – as it has been twice before – and the city still moves ahead with it.

That, he said, would set a precedent, and by the time an LIC comes for the rest of Marwell, those property owners may argue the city should treat those areas as it did Industrial Road.

The changes proposed for the LIC would see an urban rate of $1,675 per metre of frontage established for urban areas and $935 for non-urban areas such as Marwell to reflect the lower construction costs.

Residential property owners would continue to pay a third of the standard rate, and they would be joined by non-profit owners in that cost, which would be $560 per metre in urban areas or $310 per square metre in non-urban areas.

Commercial or industrial property owners would also continue to pay two thirds of the rate, totalling $1,120 per metre in urban areas and $620 in non-urban areas.

Finally, governments owning property would pay the full standard rate where surface road work is being done in front of their property.

While Pillai and Roberts voiced their issues with the Industrial Road situation, Coun. Betty Irwin challenged a whole other section of LICs.

"I would like to see the voting process changed,” she said, referring to the process where votes not submitted are seen as being in favour of the LIC.

It was an issue that came up last year during an LIC for work to be done on Black Street. A number of property owners spoke out against how the voting took place, arguing unsubmitted ballots should not be counted.

"I can't accept silence means assent,” Irwin argued, going on to note that in any other voting process, unsubmitted ballots are simply not counted.

While Irwin argued the Municipal Act doesn't state anything about how the votes must be counted, Graham said the act is clear in stating 50 per cent plus one must object to the plans.

Other council members didn't appear to agree with Irwin. They said the process is clear, and property owners must state their objection to the proposed charge.

One thing the city has done, Mayor Bev Buckway said, is to explain the procedure more than it's done in the past. Other jurisdictions follow a similar procedure and all the city can do is continue trying to keep explaining it as clearly as possible.

Council will vote on whether to approve the changes to the LIC policy and move forward with the bylaw at next week's meeting.