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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/17/2009 - SECOND READING OF ORDINANCE NO. 123, 2009, ADOPTIN DATE: November 17, 2009 RY t STAFF: Phil Carpenter FORT SUBJECT Second Reading of Ordinance No. 123,2009,Adopting a Fee Schedule for Grandview and Roselawn Cemeteries and Amending the Rules and Regulations Governing Grandview and Roselawn Cemeteries to Add the Fee Schedule. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on November 3, 2009, amends the Rules and Regulations Governing Grandview and Roselawn Cemeteries to add a list of the amounts of fees for 2010 and 2011,and to specify that in future years fees will be increased based on the Denver-Boulder-Greeley Consumer Price Index for all Urban Consumers (CPI-U). If in any year the CPI-U does not increase, fees will remain unchanged for the year. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary- November 3, 2009. (w/o original attachments) ATTACHMENT 1 =DATE: vember 3, 2009 -il Carpenter FORT First Reading of Ordinance No. 123, 2009, Adopting a Fee Schedule for Grandview and Roselawn Cemeteries and Amending the Rules and Regulations Governing Grandview and Roselawn Cemeteries to Add the Fee Schedule. EXECUTIVE SUMMARYJL This Ordinance amends the Rules and Reg tionsGoverning Grandview id Roselawn Cemeteries to add a list of the amounts of fees for2010 and 2011, and to specify that in future years fees will be increased based on the Denver- Boulder-Greeley Consumer Price Index for all Urban Consumers(CPI-U). If in any year the CPI-U does not increase, fees will remain unchanged for the year. Cemetery fees include not just the cost to purchase a right of interment and the perpetual care fees, but also charges for such services as opening and closing graves, and setting memorials or plaques. The Cemetery Rules and Regulations state that the perpetual care fee and cemetery service charges will beset by the City Council. Rather than bring a resolution to the City Council each time a change in fees is desired,staff would like to have the Council amend the Cemetery Rules and Regulations to state the amounts of all fees and charges, and then have those amounts automatically increase annually based,on h CPI-U In the past�the ees wereincreased based on a survey taken i � fl r_ i �.i Y by the Cemetery. The data was derived from cemeteries along,tFie FrontAange, including private and municipal. � � J, STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. ORDINANCE NO. 123, 2009 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING A FEE SCHEDULE FOR GRANDVIEW AND ROSELA"rN CEMETERIES AND AMENDING THE RULES AND REGULATIONS GOVERNING GRANDVIEW AND ROSELAWN CEMETERIES TO ADD THE FEE SCHEDULE WHEREAS,the City operates two cemeteries,Grandview Cemetery and Roselawn Cemetery (collectively, the "Cemeteries"), as part of its Culture, Parks, Recreation and Environment Service Unit; and WHEREAS, the current rules and regulations' for the operation of the Cemeteries ("Regulations")state at Section 7.1 that the rates of all Cemetery service charges are to be set by the City Council; and WHEREAS, the Regulations also state, at Section 10.2,that the Perpetual Care fee to be collected from the purchasers of rights of interment shall be set by the City Council for the various sections of the Cemeteries after taking into consideration the absence of or number of monuments in any section, the character of the irrigation system, the physical difficulties in the character of the soil and such other factors as tend to determine the necessary cost of the care of said lands. WHEREAS, rather than bringing an ordinance to the City Council each time an increase in Cemetery fees and charges is desired,City staff is recommending that the Council establish the fees for 2010 and 2011 in the Regulations, along with a provision automatically adjusting the fees annually, starting in 2012, based on the Denver-Boulder-Greeley Consumer Price Index; and WHEREAS, a table of the proposed fees for 2010 and 2011 is attached as Exhibit "A" and incorporated herein by reference; and WHEREAS, staff affirms that the proposed Perpetual Care fees listed in Exhibit A take into consideration the cost of care factors listed in Section 10.2 of the Regulations; and WHEREAS, Section 23-156(a) of the City Code requires that the rules and regulations for the operation and maintenance of the City cemeteries be adopted by the City Council by ordinance. f ` NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the fee schedule set forth in Exhibit A shall be in effect for all City- owned and operated cemeteries effective January 1, 2010. Section 2. That Section 7.1 of the Regulations is hereby amended to read as follows: 7.1 PAYMENT OF SERVICE CHARGES The amount or rates of all charges shall be established by the City Council. All charges for any service rendered by Cemetery employees must be paid for at or prior to the time such services are rendered. The payment of the Cemetery service charges relating to interment must be made before the internment is to take place. The amount of each service charge is set forth in Appendix A to these Rules and Regulations. Section 3. That Section 10.2 of the Regulations is hereby amended to read as follows: 10.2 PERPETUAL CARE FEE The Perpetual Care fee to be collected from the purchasers of rights of internment shall be set by the City Council for the various sections of the Cemeteries after taking into consideration the absence of or number of monuments in any section,the character of the irrigation system,the physical difficulties in the character of the soil and such other factors as tend to determine the necessary cost of the care of said lands. The Perpetual Care fees for the various sections of the Cemeteries are set forth in Appendix A to these Rules and Regulations. Section 4. That the Regulations shall be amended by the addition of a new "Appendix A", consisting of the table of fees shown in Exhibit A, along with the following statement: Cemetery fees for 2010 and 2011 will be as listed in the table below. Beginning in 2012 and each year thereafter, all fees will be increased annually based on the Denver-Boulder-Greeley CPI-U. If in any year there is no increase in the CP[-U, fees will remain unchanged for that year. Introduced, considered favorably on first reading, and ordered published this 3rd day of November, A.D. 2009, and to be presented for final. passage on the 17th day of November, A.D. 2009. May ATTEST: City Clerk -2- Passed and adopted on final reading on the 17th day of November, A.D. 2009. Mayor ATTEST: City Clerk -3-