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HomeMy WebLinkAbout028 - 03/17/1998 - AMENDING THE CITY CODE TO CHANGE NAME OF WATER UTILITIES BOARD TO WATER BOARD AND DESCRIBING THE BOA ORDINANCE NO. 28, 1998 OF THE COUNCIL OF THE CITY OF FORT COLLINS CHANGING THE NAME OF THE "WATER UTILITIES BOARD" TO THE "WATER BOARD" AND DESCRIBING THE BOARD'S PURPOSES WHEREAS, prior to January, 1996, Fort Collins 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 January, 1996, as part of a reorganization of Utility Services, it was divided into two service areas: (1) the Office of Electric Utility Services, and (2) the Office of Water, Wastewater and Stormwater Utility Services; and WHEREAS, subsequent to this reorganization,the City Council adopted Ordinance No. 117, 1996, which ordinance consolidated the then existing Water Board and the then existing Storm Drainage Board into a new Water Utilities Board giving to it the same functions previously assigned to the Water Board and Storm Drainage Board; and WHEREAS, it has been determined that the purposes and functions of the Water Utilities Board need to be clarified in light of this consolidation; and WHEREAS, it has also been determined that the Water Utilities Board's name should be changed to the "Water Board". NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That Sections 2-436 and 2-438 of Division 33,Chapter 2 of the City Code are hereby amended to read as follows: DIVISION 33. WATER BOARD Sec. 2-436. Creation and Purposes. (a) There shall be and is hereby created a Water Board, hereafter referred to in the Division as the "board." (b) The purposes of the board shall be to advise the City Council in matters pertaining to water, wastewater and stormwater utility policy issues and to act as a quasi-judicial body relating to certain matters. These matters shall include, without limitation, the following: (1) to advise the City Council regarding water rights planning, acquisition and management; service and development fees; water rental rates; annual 1 budgets; service area and drainage base delineation; master planning; development and design criteria; water conservation; public information and education; drought emergency; regulatory issues; water quality issues; and local, state and federal legislation; (2) to act as a quasi-judicial body relating to flood plain regulation variances, storm water fee disputes, determining raw water conversion factors, and storm drainage design criteria variances_ (3) to provide advice and citizen input regarding proposed policies and actions affecting the customers of the water,wastewater and stormwater utilities; and (4) to advise the City Council regarding other water related policy issues pertaining to environmental and recreational uses of water, regional and state water issues and projects, and obligations to Fort Collins citizens outside of the water utility service area. 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) 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 2 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 this 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 policy matters pertaining to the water,wastewater and stormwater utilities including, without limitation,those policy issues described in City Code Section 2-436(b)(1),(3) and(4). 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. Section 2. 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 taken from decisions made by any of the following boards, commissions or other decision makers shall be taken to the City Council in the manner set forth in this Division: (1) Building Review Board; (2) Fire Board of Appeals; (3) Landmark Preservation Commission; 3 (4) Planning and Zoning Board; (5) A "decision maker" under the provisions of Section 2.2.12 of the Land Use Code; (6) Water Board; (7) Zoning Board of Appeals. Section 3. That paragraphs (a), (b), (c), and (d) of Section 10-39 of the City Code are hereby amended to read as follows: Sec. 10-38. Variance procedure. (a) The Water 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. (b) The Water 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 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 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; 4 (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 Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Article. Section 4. That Section 26-4 of the City Code is hereby amended to read as follows: Section 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 Board and the city administration, the City Council may waive any part or all of this Section. Section 5. 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 Board determines which water rights are acceptable to the city and determines the appropriate conversion factors to be used in determining the 5 yield from each of the acceptable sources. The determinations of the board are final and conclusive. Section 6. 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 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 7. 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 Board so 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 8. That Section 26-212 of the City Code is hereby amended to read as follows: Sec. 26-212. Water Board. In addition to the duties prescribed by § 2-438 of this Code, the duties and functions of the Water 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 9. That Section 26-495 of the City Code is hereby amended to read as follows: Sec. 26-495. Water Board. The Water Board created in § 2-436 shall assist in administering this Article. 6 Section 10. 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 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. Section 11. That paragraphs(d), (e)and(f)of Section 26-250 of the City Code are hereby amended to read as follows: Section 26.250. 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 Board for a hearing on a revision or modification of such charge or determination. (e) Any such appeal to the Water 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 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 12. That Section 26-251 of the City Code is hereby amended to read as follows: 7 Sec. 26-521. Notice of decision. Every decision or determination of the Director or the Water 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 13. 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 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 properties 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, but such map may be revised from time to time by the City Council to conform with existing conditions. Section 14. 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 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 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 15. 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. 8 (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 Board; Introduced and considered favorably on first reading and ordered pubJisl}ed in summary form this 3rd day of March, A.D. 1998, and to be presented for final passae'on the I7th day arG'h, A.D. 1998. Mayor ATTEST: City Clerk Passed and adopted on final reading this 17th day of Mari, A - 1998. ayor ATTEST: 0 City Clerk 9