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HomeMy WebLinkAboutWater Board - Minutes - 09/25/1972Water Board September 25, 1972 • at 3:30 P.M. Present: Ward Fischer Fred Feit Harvey Johnson Everett Richardson Mike DiTullio Charles Liquin Ed Hilgenberg Arthur March, Jr. Verna Lewis Also: Don McMillen - Colorado Reporter Absent: Owen Moore Dougan Wilkinson Norman Evans Donald Reynolds, Director of Planning, gave an oral report on the disirability of extending utilities outside the City, including a discussion of what happens if the City refuses to do so, and a recommendation on whether water and sewer should be included ;ointly in such a policy or whether separate criteria should apply to each. • The following report was presented: TO: Fort Collins Water Board FROM: Planning Department SUBJECT: Out -of -City Utility Extension Policy DATE: September 21, 1972 Pursuant to your request, we are submitting herewith a discussion of the ramifications of the out -of -city utility extension policy as proposed by the City Staff. 1. Study of disputes and how they should be handled ie. personnel from County inspecting county developments trying to meet City standards where the City and County are different. When different standards are called for by the City and County, obviously the highest standard would apply. In those areas where the County standard is equal or higher, no City inspection should be required. The City would only inspect in those areas where its standard is higher and if a fee is charged for said • inspection within the City limits; the same fee should be charged by the City for inspecting developments in the County. In some cases, this may require the development of a new fee structure, as, for example, a building permit where only electrical and plumbing inspection might be required. The County should not be asked to inspect for a higher City standard nor should the City preempt the County's fee or inspection system. 2. Report on4p desirability of extending utilities outside the City including a discussion of what happens if the City refuses to do so. • It is the opinion of the planning staff that it is in the long-term best interest of the City to extend its utilities beyond the current City limits whenever the development being served complies with City development standards. It minimizes costly duplication of service, as is the case, for example, on Overland Trail where a substandard district water main goes down one side 6f the road and a City water main goes down the other. The district line is insufficient to provide for normal operating pressure, let alone fire protection. One would expect that had the City's policy been to extend its utilities beyond its limits several years ago that many of the special purpose districts which surround much of the City today would not have developed and situations such as the one on Overland Trail would have been avoided. At the same time, the City would have been able to assure itself that as its boundaries expanded it would be taking in areas that were already up to its own standards of development. 3. Recommendations from the City Administration on whether water and sewer should be included jointly in such a policy or whether separate criteria should apply to each. It is our opinion that the two utilities . should go together and that the same criteria should apply. There may be specific cases, where for sound Engineering reasons, it would not be possible to supply both. When this situation exists and when the develop- ment is otherwise in accordance with City development policies, it may be desirable to permit the extension of one without the other. This could be accomplished by providing a waiver provision in the ordinance which would permit the City Council, based on certain findings, to allow the extension of one utility when the other can be provided by a special purpose district in a manner that would meet City Standards. /Donald Reynolds Planning Direct'r Discussion after the report was presented centered around the following: I. Provisions of the ordinances for exteiding one utililty without the other. 2. Re -use of water. • 3. Orderly development of the water and sewer systems. 4. Fire fighting capabilities. S. Aesthetics. 6. Foothills f • • 0 a. aesthetics b. natural conditions of the foothills c. contour of the hillside to build roads e. earth slides f. geological factors g. ground water 7.The City not being solely in control of developments - outside city limits. 8.Present 5,140 - elevation map - gravity flow line. City Attorney Arthur March, Jr., submitted his written report, a copy of the ordinance regulating water service outside city limits, and a copy of the out -of City agreements. City of Fort Collins Water Board Fort Collins, Colorado 80521 Gentlemen: The following represents the administrative staff's recom- mendation regarding the policy of the City of Fort Collins toward extending utility lines of the City outside of the City limits. 111is report and recommendation represents the concensus of the following offices, which considered this question: Planning Department, Public 1';orks Department, Building Inspector, Light $ Power Department, City Manager and City Attorney. The utilities normally asked to extend their lines outside of the city limits are the water utility and the sewer utility. At least to date the City has had very little electric service outside of the City limits. At this time the policy on extension of the water utility is set forth in Section 21-43.66 of the City Code of Ordinances and the policy for extension of the server utility is set forth in Sec- tion 21-49.51 of the Code of Ordinances. An agreement which was draum to reflect this policy in connection with the extension of the water utility and which has been used in the past, is attached hereto as an exhibit. In developing a proposal, the present policy as established by ordinance and as reflected in the attached agreement was the de- parture point for the offices which considered this question. It was felt that witli slight modifications, as recommmended hereafter, this policy was still. appropriate and should continue to be the City's policy on extending their utilities. '11ne policy set forth in the ordinances is basically the same for both utilities and hereafter, reference will be made only to the ordinance on water extension, but the same recommendations will pertain to sewer. 1"ne policies set forth in Section 21-43.66 are all recommended to be continued with the following changes: Part 13 pertaining to com- pliance with the Building Code, the old master plan of the City, and the policies established by the Planning and Zoning Board. The administrative offices involvecl discussed at some length, the question of requiring cont- pliance with the City Building Code and no conclusion was reached. It is recognized that the County now has a Building Code and an Inspection Depart- ment and it was felt by some of the departments that the City should recog- nize this and not require separate City code compliance and inspection in the areas in which the county code operates. All offices agreed that City . inspections should be required and code compliance should be obtained in the areas which the county does not regulate by its codes. Other offices felt that we should continue to require compliance with all City codes and city inspection in all areas, recognizing that although the county codes are the same as the city's, the inspection is probably not as adequate. The present ordinance does not make reference to subdivision regulations and it is recommended that any person connecting to city utilities be required to comply with the requirements of the City's subdivision ordinance. In connection with zoning, the planning department anticipates that within a very short period of time a master zoning plan for areas close to the City will be developed, and when this is developed, compliance with this zoning plan should be required. In the interim, it is recommended that the zoning department be required to approve the use to be made of the property con- nected to the City utility with the right of appeal to the City Council if the applicant disagrees with the ruling of the zoning department. In addition to the present requirements set forth in Section 21- 43.66, is it recommended that the following be included: A. If property outside the City is connected to any city utility, such property be required to use all other city utilities. In the case of the electric department, this would require approval from the • Public Utilities Commission and a release from either Public Service or REA. In order to implement this, the policies should require that all applications to be routed through the electric utility department and tflat department make a determination as to whether or not it should serve the property. If the property. If the property is not to be served by the City Electric Utility, compliance with the Electric Department's requirements should still be obtained in order to eliminate the present difficulties in converting to City Electric Service when outside properties served by another utility are annexed. In addition, the agreement for service should contain an express agreement on behalf of the applicant to pay for the cost of converting to the City Utility when the property is annexed, including the cost of underground service. B. 1"ne contour line above which the City cannot serve because of lack of pressure should be established as the highest point which will be served by the Water Utility. It is recognized that sewer service to such areas is still possible, however, for ecological reasons such service might not be desireable. In order to provide for this, it is recommended that the policy of refusing service for one utility if other utilities do not serve the property be waived only with specific council approval. C. There should be a provision added requiring dedication of all easements needed by all of the City utilities or for other public pur- poses at any time any utility is extended to property outside the City 1 units . • D. All fees required in connection with connection to City utilities should be paid before any permit is granted, including specifically the park fee. E. Fire plugs and street lights as designated by the Electric Utility Department and the Department of Public 11,'orks should be either in- stalled in connection with the connection to the City utility, or provi- F. The city is held harmless from any claimbilrty ,e,:_• t of any failure of the user to comply any s or from any other action regarding 011SUI Ct: - :- operation of the user's system. G. Payment for water is in accordance with § 112 S.i ,t • Article. H. The user agrees not to directly or indirectly par xqp t- the formation or enlargement of any municipal • r municipal corporation without the consent of t::r Council. The user agrees that all real property to be servia.i !1 water utility shall not be conveyed unless anuryax= subject to applicable provisions of this Article. Noncompliance with this Article or failure to pay •- bills shall permit the city, at its option, to term!nak, suspend water service until such conditions ane re. All unpaid sums shall automatically constituu• against all real property and improvements then";n - user. K. The user agreements are nonassignable to other f. 1, unless approved by the city. L. Before connection is permitted, the user is to furr.i,a ' city such water rights or payment in lieu LhE-n-I •° required in 8 112-66 of this Article. lic;ore a water line giving new service is installed, the user small comply with the Building Code of the County of i.>Irimer, and until such Building Code is adopted, the • provisions of the city Building Code shall be complied with. The user shall obtain and pay for all building and other permits, pay all inspection fees and employ licensed in- dividuals for the installation of improvements in ac- ` rordance with the requirements of the County of Larimer. Until the County of Larimer has adopted pertinent rules and regulations, such permits, fees and licenses shall be obtained from the City of Fort Collins in accordance with the ordinance of the City of Fort Collins governing such matters. The user, if located within the area covered by the Master Plan approved by the Fort Collins Planning and Zoning Board, shall comply with the subdivision rules and regulations' adopted by the City of Fort Collins; until such rules and regulations have been formally adopted by the City of Fort Collins, the user shall obtain approval of his plans by the Fort Collins Planning and Zoning Board in accordance with the tentative rules and regulations ap- proved by said Board. No water connection shall be made except under the supervision of the Water Division of the City of Fort Collins. The use of water under the provisions of this Article shall not constitute or be deemed to be a relinquishment of any water or water rights by the city, and the city reserves the full right to determine all matters in connection with the control and use of said water. • U. Upon recommendation of the Water Board, with the ap- proval of the City Council, such other policies may be determined as are necessary. rt c 112-66. ("rant of water rights required. 1Amended 8-19.71 by Ord. No. 39, 19711 A. All premises requestine orieilial water service frnm it,. Discussion then centered around the following: 1. Desirability of working with Larry Simpson of the Northern Colorado Conservancy District to establish a firm boundary line. 2. Six City municipal subdistricts. 3. Quality of inspections City/County (the higher standard would prevail) 4. Codes - Plumbing, electrical, and mechanical. S. Desirability of proposed developments going though the Planning office for approval (outside city limits). 6. City desire to control growth, rather than stop it. 7. Problems on outside developments encountered by the Light and Power Department. 8. Rate study - due in November - approximately. 9. Black $ Veatch map in Water Districts. 10. The Water Board putting to the Council the problems of Electric Service outside the City limits and planning approving proposed plans contingent on meeting City policy. 11. Chairman Ward Fischer to draft recommendation to City Council on extension to be reviewed by full Water Board before submission to Council. Basic assumptions made by the Water Board were that they will suggest the removal on the Public Works Blue Line Map, of the east/south lines, retain the north • line, expand and define the west line with pressure being the responsibility of the developer; beyond the west line, as established, no service would be available. The Water Board expects to make their recommendation to the Council in conjunction with the presentation of the rate study. The next tentative Water Board meeting date is scheduled when the rate study is completed. 0