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HomeMy WebLinkAbout117 - 09/17/1996 - COMBINING THE CITYS STORM DRAINAGE BOARD AND THE WATER BOARD AND NAMING THAT BOARD THE WATER UTILITI ORDINANCE NO. 117, 1996 OF THE COUNCIL OF THE CITY OF FORT COLLINS COMBINING THE CITY'S STORM DRAINAGE BOARD AND THE WATER BOARD INTO ONE BOARD AND NAMING THAT BOARD TIIE WATER UTILITIES BOARD WHEREAS, prior to December, 1995, Utility Services was divided into three departments: (1) the Light and Power Utility; (2) the Water and Wastewater Utility, and (3) the Stormwater Utility; and WHEREAS, in December of 1995, as part of a reorganization of Utility Services, it was divided into two service areas: (1) the Light and Power Utility and (2) the Water, Wastewater and Stormwater Utility; and WHEREAS, as a result of this reorganization, there have been numerous discussions among members of the Water Board, the Storm Drainage Board, City Council and City staff concerning the possibility of combining the Water Board and the Storm Drainage Board into one board to deal with policy issues related to water utilities; and WHEREAS,during their regular meetings in May and June of 1996,both the Storm Drainage Board and the Water Board concluded Chat they would be supportive of combining the boards if the Council decided that doing so would be in the best interests of the City; and WHEREAS, this Ordinance consolidates the Water Board and Storm Drainage Board into a new Water Utilities Board with the same duties previously assigned to the Water Board and the Stonn Drainage Board; and WHEREAS, the Water Utilities Board will initially consist of the existing seven members of the Storm Drainage Board and the existing eleven members of the Water Board; and WHEREAS, through the usual attrition of board members by resignation and expiration of term, the membership of the Water Utilities Board will be reduced to eleven members and maintained at that level thereafter; and WHEREAS, the City Council has determined that combining the Water Board and the Storm Drainage Board into a single Water Utilities Board would be in the best interests of the City. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF TILE CITY OF FORT COLLINS, as follows: Section I. That Division 33, Chapter 2 of the City Code is repealed in its entirety. Section 2. That Division 30, Chapter 2 of the City Code is hereby renumbered and amended to read as follows: DIVISION 33. WATER UTILITIES BOARD See. 2-436. Creation. There shall be and is hereby created a Water Utilities Board, hereafter referred to in this Division as the "board." Sec. 2-437. Membership; term. (a) The board shall initially consist of eighteen(18)members. Seven (7) of these members shall be those persons who were serving on the City's Storm Drainage Board as of September 3, 1996. The other eleven (11) members shall be those persons who were serving on the City's Water Board as of September 3, 1996. Notwithstanding the provisions of paragraph (b) below, City Council shall not fill any vacancies on the board until a vacancy would leave the Board with less than eleven (11) members. Once the board is left with eleven (I I) members, the board shall thereafter consist of eleven (11) members. (b) Each member shall serve without compensation for a term of four(4) years, except that members may be appointed by the City Council for a shorter term in order to achieve overlapping tenure. Appointments shall specify the term of office of each individual. All members shall be subject to removal by the City Council. If a vacancy occurs on the board, it shall be filled by the City Council for the remaining unexpired portion of the term.No member shall serve more than three (3) consecutive four-year terms. (c) The county Board of Commissioners may appoint a representative of the county's Public Works Department to serve as an ex officio member to act as liaison to the board, who shall represent the county in the city/county coordination of stormwater management matters. Such ex officio member shall not have voting privileges on matters corning before the board, and may be excluded from any closed session of the board. Such ex officio member shall serve for an indefinite duration; however, such appointment may be terminated by order of the City Council or the county Board of Commissioners, or upon resignation of the member. See. 2-438. Functions. (a) The board shall make recommendations to the City Council concerning stormwater facilities in the city.The board shall recommend to the City Council the appropriate division of the city into separate drainage basins. These basins shall separately fund the stormwater facilities to be installed to serve each basin.The board shall recommend the facilities needed for each basin to provide adequate stormwater drainage in the basin. Such recommendations shall include the following for each drainage basin: (1) The facilities to be installed; 2 (2) The time and schedule for installation of facilities; (3) The method of assessing costs of facilities to be installed against property in the basin; and (4) The portion of the cost of facilities to be funded by the property in the basin and the portion, if any,of such cost which should be paid by the city as a whole. (b) Before making a recommendation for any stormwater project, the board shall analyze the project and compare the total benefits to be achieved with the anticipated cost of the project. Projects shall be recommended if the analysis indicates that the total benefits are greater than the cost of the project. (c) The board shall review and make recommendations to the City Council on a master drainage plan to be developed for stormwater facilities by the city administration. Such recommendations shall include proposed methods of funding any master drainage plan as finally approved. (d) The board shall consider all variances and appeals from the application of the provisions of Chapter 10 of this Code, Flood Prevention and Protection. (e) The board shall hear the petition of any owner or owners of property in the city who dispute the amount of the stormwater utility fee or stormwater basin fee made against such owner's property or who dispute any determination made by or on behalf of the city pursuant to and by authority of Chapter 26, Article VII of the Code and shall make such revision or modification of such charge or determination as it shall deem appropriate in accordance with §26-520. (f) The board shall make recommendations to City Council regarding policy or technical matters related to stormwater management. The board shall make comments on policy items prepared by other city departments. (g) The board shall hear the petition of any owner or owners of property in the city who dispute or seek a variance in the city's "Storm Drainage Design Criteria and Construction Standards." (h) Final decisions of the board under Paragraphs (d), (e) and (g) of this Section shall be subject to the right of appeal to the City Council as set forth in § 2-46, et seq. (i) The board shall advise the City Council in matters pertaining to the acquisition, control and disposition of water rights and pertaining to the City's municipal water works and waste water treatment systems. 0) The board shall also perform such other duties and functions and have such other powers as may be provided by ordinance of the City Council. 3 Sec. 2-439. Officers; bylaws. The board shall elect annually from its membership a chairperson and such other officers as may be required.Bylaws may be adopted by the board, which bylaws shall not be inconsistent with the Charter and the Code. A copy of the bylaws shall be filed with the City Clerk for the use of the City Council immediately after adoption by the board and they may be subject to the approval of the City Council. Sec. 2-440. Minutes; annual report; work plan. The board shall take and file minutes in accordance with the requirements of§ 2-73 of the Code. On or before January 31 of each year, the board shall file a report with the City Clerk setting forth the activities of the board for the previous year. On or before November 30 of each year,the board shall file a work plan with the City Clerk for the following year. Section 3. That subparagraph (5) of Section 2-47 of the City Code is hereby amended to read as follows: Sec. 2-47. Certain appeals to be taken to City Council. Appeals from the following boards and commissions, permitted under the provisions of this Division, shall be taken to the City Council in the manner as set forth in this Division: (1) Building Review Board; (2) Fire Board of Appeals; (3) Landmark Preservation Commission; (4) Planning and Zoning Board; (5) Water Utilities Board; (6) Zoning Board of Appeals. Section 4. That paragraphs (a), (b), (c) and (d) of Section 10-38 of the City Code are hereby amended to read as follows: Sec. 10-38. Variance procedure. (a) The Water Utilities Board, as established in §2-436, shall hear and decide appeals and requests for variances from the requirements of this Article. Any final decision of the board may be subject to review by the City Council. 4 (b) The Water Utilities Board shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Director in the enforcement or administration of this Article. Persons desiring to appeal a decision of the Director to the Water Utilities Board shall at the time of making such appeal pay to the Financial Officer a docket fee in the amount of three hundred dollars ($300.). Written notice of hearing shall be given to the appellant at least three (3) days prior to the hearing by mailing the notice to the appellant's last known address by regular mail. The board shall from time to time adopt such additional rules and regulations as it deems necessary and advisable for the conduct of its hearings and for carrying out the provisions hereof. (c) In passing upon such applications, the Water Utilities Board shall consider all technical evaluations, all relevant factors and standards specified in other sections of this Article and: (1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the service provided by the proposed facility to the community; (5) The availability of alternate locations for the proposed use which are not subject to flood or erosion damage; (6) The compatibility of the proposed use with existing and anticipated development; (7) The relationship of the proposed use to the comprehensive plan and floodplain management program of that area; (8) The safety of access to the property in times of flood for ordinary and emergency vehicles; and (9) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site. (d) Upon consideration of the factors of this Section and the purposes of this Article, the Water Utilities Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Article. 5 Section 5. That Section 26-4 of the City Code is hereby amended to read as follows: Sec. 26-4. Dual supply of water and wastewater service. If a property located within the city is in an area not supplied with both water and wastewater service from the city but is capable of receiving both water and wastewater service from the one (1) or more duly established quasi-municipal utility service districts, then the city shall not extend or provide either service to the property. The city may, however, extend either or both services to such property if the utility service district becomes incapable of providing a reasonable level of service to the property. Upon the review of the Water Utilities Board and the city administration, the City Council may waive any part or all of this Section. Section 6. That subparagraph (a)(1) of Section 26-150 of the City Code is hereby amended to read as follows: Sec. 26-150. Raw water requirements; satisfaction. (a) The RWR imposed pursuant to this Division may be satisfied by one (1) or more of the following methods: (1) Water rights acceptable to the city may be transferred to the city. The Water Utilities Board determines which water rights are acceptable to the city and determines the appropriate conversion factors to be used in determining the yield from each of the acceptable sources. The determinations of the board are final and conclusive. Section 7. That paragraph (b) of Section 26-167 of the City Code is hereby amended to read as follows: Sec. 26-167. Sprinkling restrictions. (b) Upon recommendation of the Water Utilities Board, the use of city water for sprinkling purposes may be further restricted or prohibited by order of the City Council.The sprinkling restrictions or prohibitions prescribed shall be effective upon publication of notice of the City Council's order once in a daily newspaper published in the city. Section 8. That paragraph (a) of Section 26-168 of the City Code is hereby amended to read as follows: Sec. 26-168. Water rationing; emergency restrictions. (a) Drought or water shortage. In the event of drought or water shortage,the City Council may place restrictions on all uses of city water and even prohibit, if necessary, all nondomestic uses of the city water if the Water Utilities Board so 6 recommends. The City Council's order prescribing use restrictions shall be effective upon publication once in a daily newspaper published in the city and shall continue in full force and effect until the City Council finds the water shortage has ended. Section 9. That Section 26-212 of the City Code is hereby amended to read as follows: Sec. 26-212. Water Utilities Board. In addition to the duties prescribed by Section 2-438 of the Code, the duties and functions of the Water Utilities Board shall include advising the City Council on policy matters pertaining to sewage and the sewage disposal system. In order to advise the City Council on policy matters pertaining to sewage and the sewage disposal system, the board is authorized to make such studies as it may deem necessary and advisable and to maintain contact with state and federal bodies having areas of concern which affect the sewage treatment ability of the city. Section 10. That Section 26-495 of the City Code is hereby amended to read as follows: Sec. 26-495. Water Utilities Board. The Water Utilities Board created in § 2-436 shall assist in administering this Article. Section 11. That Section 26-496 is hereby repealed in its entirety and subsequent subsections 26-497, 26-498, 26-499 are renumbered accordingly. Section 12. That paragraph (a) of Section 26-511 of the City Code is hereby amended to read as follows: Sec. 26-511. Stormwater fees. (a) After establishing the stormwater basins and after receiving the report from the Water Utilities Board on a particular stormwater basin, the City Council may establish by ordinance stormwater fees to be paid by the owners of property in the stormwater basin. Such stormwater fees shall be established in amounts which will provide sufficient funds, proportionately calculated and assessed, to construct the facilities which need to be installed in the basin. The amount of the fees assessed against individual properties and the method of collecting the fees shall be established by the ordinance. All fees collected and not expended within fifteen (15) years of the date of collection shall be refunded together with interest at the statutory rate to the owner of the property from which the fee was originally generated. The city shall give written notice by first-class mail to the last address on file with the city of the landowner or landowners entitled to such refund. If such landowner or landowners do not file a written claim for such refund with the city within ninety(90) days of the mailing of such notice, such refund shall be deemed forfeited and shall revert to the city. 7 Section 13. That paragraphs (d), (e) and(f) of Section 26-520 of the City Code are hereby amended to read as follows: See. 26-520. Appeals. (d) Within thirty (30) days after filing, the Director shall make findings of fact based upon all relevant information and shall make a determination based upon such findings and, if appropriate, modify such charge or determination accordingly. Such determination shall be considered a final order of the Director which order may within thirty(30) days of its issuance be appealed to the Water Utilities Board for a hearing on a revision or modification of such charge or determination. (e) Any such appeal to the Water Utilities Board shall be in writing, filed with the City Clerk, setting forth the specific errors and omissions of the Director in his or her determination, and such hearing shall take place in the city and notice thereof and the proceedings shall otherwise be in accordance with the bylaws, rules and regulations of the Water Utilities Board. The appellant shall have the burden of proof. (f) Within thirty (30) days after filing, the Water Utilities Board shall make its final determination and, if appropriate, modify such charge or determination of the Director in accordance with the facts submitted, to the extent that the board finds such facts to be true. Section 14. That Section 26-521 of the City Code is hereby amended to read as follows: Sec. 26-521. Notice of decision. Every decision or determination of the Director or the Water Utilities Board shall be in writing, and notice thereof shall be mailed to or served upon the petitioner within a reasonable time from the date of such action. Service by certified mail, return receipt requested, shall be conclusive evidence of service for the purpose of this Article. Section 15. That Section 26-542 of the City Code is hereby amended to read as follows: Sec. 26-542. Establishment of stormwater basins. After receiving the report and recommendation of the Water Utilities Board,the City Council shall officially adopt by resolution a stormwater map which is on file in the City Clerk's office delineating the boundaries of the stormwater basin in the city and in areas which may be annexed. Such map may also indicate existing development of properties within the basin, zoning of proper-ties, and such other information as may be determined to be advisable. Such map shall after adoption by the City Council serve as official designation of the respective stormwater basins of the city, 8 but such map may be revised from time to time by the City Council to conform with existing conditions. Section 16. That paragraph (a) of Section 26-651 of the City Code is hereby amended to read as follows: Sec. 26-651. Conditions for furnishing service. (a) Any person outside of the city limits desiring to make a connection to one (1) or both of the city's water and wastewater utilities shall apply to the city for permission, and connection permits may be issued after review and recommendation of the Planning and Zoning Board and the Water Utilities Board and the approval of the General Manager of the Water,Wastewater and Stormwater Utility. The General Manager may, in his or her discretion, elect to approve, without the review and recommendation of the Planning and Zoning Board and Water Utilities Board, the application of persons desiring to make a single connection to one (1) or both of the city's water and wastewater utilities, provided that such connections do not exceed a tap size of one (1) inch (if a water tap) and/or four(4) inches (if a wastewater tap). If the General Manager determines that the application should not be approved without the review and recommendation of the aforementioned boards, the General Manager shall forthwith seek such review and recommendation prior to making his or her decision. Section 17. That subparagraph (b)(4) of Section 26-652 of the City Code is hereby amended to read as follows: Sec. 26-652. Permit is revocable; agreement of user. (b) If a permit to connect to any of the city's utilities is approved under this Article, the applicant shall: (4) Bear the costs of construction, installation and connection of utility lines except for such oversizing participation or reimbursement as may be authorized by the City Council on recommendation of the Water Utilities Board; Section 18. In the case of those members of the Water Utilities Board who were serving on the City's Storm Drainage Board or the City's Water Board as of September 3, 1996, the term limitation imposed under Division 33, Section 2-437(b) of the City Code, as revised in Section 2 of this Ordinance, shall apply to terms commencing with the initial terms of services of such members on those respective boards. 9 Introduced, considered favorably on first reading, and ordered published in summary form this 3rd day of September, A.D. 1996, and to be presented for final passage on the-17th day of September, A.D. 1996. / Mayor ATTEST: nn� �� I" City Clerk Passed and adopted on final reading this 17th day of September, A.D. 1996- Mayor ATTEST: D City Clerk 10