City Council Minutes 2020 02 04 - Laserfiche WebLink

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City Council Meeting Minutes February 4, 2020 Page 6 of 9 SEWER TAP FEES — 2ND READING, PUBLIC HEARING (advertised Daily Camera 1 /26/20) Mayor Stolzmann introduced the item by title and opened the public hearing. She asked if any members of Council have any disclosures. No disclosures. Director Kowar stated this ordinance provides language that allows staff to consider water rights consideration in lieu of water tap fees. Council requested staff find ways a developer could bring water rights to the table rather than pay the fee. Mayor Pro Tern Maloney asked if the only source the City will accept would be Colorado Big Thompson (CBT). Director Kowar stated staff would consider all water options including those from FRICO, but CBT is the preferred target. Mayor Pro Tern Maloney asked for that to be more clear in the language. Councilmember Lipton asked if the developer should take on the legal processes for getting FRICO water available for municipal use or if the City would pay for it and get reimbursed. Director Kowar stated it would depend on what the exact water right is, there are many factors affecting this, so the City wants to leave that open as an option. Director Kowar noted that if a developer wanted to move quickly, CBT is what is readily available and can be used now. Councilmember Leh stated he would like the language cleaned up before voting on this. He would like the City's water attorney to review this more closely. Mayor Stolzmann stated this gives the City the flexibility to charge a tap fee or allow water rights in lieu if it benefits the City and can be reviewed on a case -by -case basis. However, if we need to make it more clear we can take more time. Mayor Pro Tern Maloney suggested amended language to be clear the costs will be borne by the applicant either way. Mayor Stolzmann noted the market can change and the City cannot always respond quickly but a developer might be able to and this allows the developer some flexibility. Councilmember Lipton stated water from FRICO is difficult to get changed from agriculture to municipal use, so as a matter of practicality we may not want to encourage water outside the CBT system. He suggested only allowing CBT. Director Kowar stated there are scenarios the City can't imagine and he would not recommend limiting the options. The City never knows what someone could propose that might help maximize our water portfolio; he wouldn't want to rule anything out.