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HomeMy WebLinkAboutWater Board - Minutes - 11/19/2020 WATER BOARD REGULAR MEETING November 19, 2020, 5:30-8:00 p.m. online via Zoom 1 1 /1 9 /2020 – MINUTES Page 1 1. CALL TO ORDER 5:34 p.m. 2. ROLL CALL • Board Members Present: Steve Malers (Chairperson), Kent Bruxvoort (Vice Chairperson), Michael C. Brown, Jr., Cibi Vishnu Chinnasamy, Randy Kenyon, Jim Kuiken, Phyllis Ortman, Nicole Ng, John Primsky, Greg Steed, Jason Tarry • Staff Members Present: Theresa Connor, Mark Kempton, Matt Fater, Katherine Martinez, Alice Conovitz, Lance Smith, Mariel Miller, Liesel Hans, Andrew Gingerich, Allison Becker, Samantha Littleton, Barb Andrews, Mark Cassalia, Heidi Hansen, Ken Sampley, Claudia Quezada, Suzanne Bassinger • Members of the Public: Rob Graves, Eric Sutherland, Nick VanderKwaak (AE Com), Isaac Allen (AE Com), David Bragg, Anne Sager (court reporter) 3. AGENDA REVIEW Chairperson Malers briefly summarized items on the agenda. 4. COMMUNITY PARTICIPATION Fort Collin resident Eric Sutherland expressed concerns regarding the vagueness and ambiguity of the agenda item “Developer Request for Perpetual Water Augmentation Agreement” and the Montava housing development as it relates to the Utilities’ service area, City Charter, and policies. 5. NEW BUSINESS a. Staff Reports (Attachments available upon request) i. Financial Monthly Report (meeting packet only; no presentation) No discussion ii. Water Resources Monthly Report (meeting packet only; no presentation) No discussion WATER BOARD REGULAR MEETING 1 1 /19 /2020 – MINUTES Page 2 of 7 iii. 2020 Summer Water Quality Report (meeting packet only; no presentation) Discussion Highlights A board member commented that due to the late summer timing of the Cameron Peak Fire, they expect impacts on water quality to be addressed in a future report. iv. Cameron Peak Fire & Horsetooth Outlet Project (HOP) Updates Water Conservation Analyst Alice Conovitz and Interim Utilities Deputy Director Mark Kempton provided updates on HOP and the Cameron Peak Fire. HOP went very well and finished ahead of schedule. Estimate for full containment of the Cameron Peak Fire is November 22; November 30 for East Troublesome Fire. Water quality sampling revealed no observed impacts from either fire to date. Water restrictions from October 1 to November 9 during HOP resulted in local residents saving more than 100 million gallons relative to five-year average. Staff is conducting a “thank you” campaign to the community. Information: www.fcgov.com/utilities/2020-wildfires Discussion Highlights Board members commented on or inquired about various related topics including thanking staff for their work on HOP; question about coating and volatiles (staff responded that the coating is National Sanitation Foundation (NSF)-certified, and ensured it was cured); invasive species such as zebra mussels, etc. b. Regular Items (Attachments available upon request) i. Possible Executive Session Regarding Floodplain Variance Request Process. There was no motion, therefore an Executive Session was not held. WATER BOARD REGULAR MEETING 1 1 /19 /2020 – MINUTES Page 3 of 7 ii. Public Hearing: Floodplain Variance: Parks Planning and Development – Poudre River Trail at I-25 (Court reporter transcript available upon request) Chairman Malers gave an overview of the process and Assistant City Attorney Eric Potyondy provided additional information on the Water Board’s role. Stormwater Engineering & Development Review Director Ken Sampley introduced Floodplain Management Engineer III Heidi Hansen who introduced the agenda item. The applicant is requesting a variance to allow the construction of the Poudre River Trail through a Floodplain Use Permit based on a pre- construction certification of no-rise (rather than a Conditional Letter of Map Revision) and followed by a Letter of Map Revision (LOMR) post- construction, due to the ongoing FEMA RiskMAP remapping of the Poudre River. Parks Planning Civil Engineer III Suzanne Bassinger presented an overview of the application. Water Resources Engineer Isaac Allen of AE Com presented an overview of the proposed project and results of floodplain modeling. Staff and consultants answered Water Board questions. Vice Chairperson Bruxvoort moved that the Water Board recommend approval of a variance from the requirements of City Code Section 10-45 (2) a.2 to allow construction of the Poudre River Trail at I-25 through a Floodplain Use Permit based on a certification of no-rise rather than a Conditional Letter of Map Revision (CLOMR). The following conditions shall be included in this motion: 1. A City-approved no-rise certification will be obtained prior to issuance of the Floodplain Use Permit and start of construction. The no-rise certification and supporting materials will be included in the LOMR appendix for FEMA review and the submittal shall meet the technical guidelines and criteria required for a CLOMR. 2. A FEMA LOMR will be obtained for the project. a. The LOMR must be submitted to the City of Fort Collins and FEMA within 6 months after project construction. WATER BOARD REGULAR MEETING 1 1 /19 /2020 – MINUTES Page 4 of 7 Vice Chairperson Bruxvoort made this motion based on the evidence in the record showing that the relevant factors and standards set forth in Article III, Chapter 10 of the City Code have been met and as required in City Code Section 10-29, the determination that (1) the variance is the minimum necessary, considering the flood hazard, to afford relief; and (2) that there is good and sufficient cause for the variance to be granted; and (3) that the granting of the variance will not result in any increased flood heights, any additional threat to public safety or to public or private property, any extraordinary public expense, any nuisance or trespass, any fraud on or victimization of the public, or any conflict with existing local laws or ordinances. Board Member Michael Brown, Jr. seconded the motion. Discussion on the motion: Water board members discussed and agreed to revise the second condition to read, “The applicant will ensure that a FEMA LOMR will be obtained for the project upon completion of construction.” Vice Chairperson Bruxvoort agreed to the friendly amendment. The amended motion is as follows: Vice Chairperson Bruxvoort moved that the Water Board recommend approval of a variance from the requirements of City Code Section 10-45 (2) a.2 to allow construction of the Poudre River Trail at I-25 through a Floodplain Use Permit based on a certification of no-rise rather than a Conditional Letter of Map Revision. The following conditions shall be included in this motion: 1. A City-approved no-rise certification will be obtained prior to issuance of the Floodplain Use Permit and start of construction. The no-rise certification and supporting materials will be included in the LOMR appendix for FEMA review and the submittal shall meet the technical guidelines and criteria required for a CLOMR. WATER BOARD REGULAR MEETING 1 1 /19 /2020 – MINUTES Page 5 of 7 2. The applicant will ensure that a FEMA LOMR will be obtained for the project upon completion of construction. Vice Chairperson Bruxvoort made this motion based on the evidence in the record showing that the relevant factors and standards set forth in Article III, Chapter 10 of the City Code have been met and as required in City Code Section 10-29, the determination that (1) the variance is the minimum necessary, considering the flood hazard, to afford relief; and (2) that there is good and sufficient cause for the variance to be granted; and (3) that the granting of the variance will not result in any increased flood heights, any additional threat to public safety or to public or private property, any extraordinary public expense, any nuisance or trespass, any fraud on or victimization of the public, or any conflict with existing local laws or ordinances. Board Member Michael Brown, Jr. seconded the motion. Vote on the motion: it passed unanimously, 11-0. b. REGULAR ITEMS (Continued) (Attachments available upon request) iii. Deferring Plant Investment Fees (PIF) for Larimer County Jail Key Account Strategist Barb Andrews gave an overview of the staff proposal, and Customer Accounts Manager Mark Cassalia assisted in answering the Water Board’s questions. Staff requested the Water Board’s recommendation to City Council regarding the proposed resolution “Approving a partial deferral of payment for Plant Investment Fees (PIFs) associated with the Larimer County Jail Expansion” until demand exceeds 25 million gallons annually. The plan allows the Water Utility to recuperate necessary operating cost and Larimer County can proceed with project construction. City staff will annually review the customer’s water use and will initiate follow-up action to collect deferred PIF once use exceeds 25 million gallons. WATER BOARD REGULAR MEETING 1 1 /19 /2020 – MINUTES Page 6 of 7 Discussion Highlights Board members commented on or inquired about various related topics including whether staff has reviewed other accounts for similar situations; whether it’s a common request (staff responded that per current City Code, once a customer purchases water supply requirements and plant investment fees, they’re not able to sell the unused portion back to City); water supply requirement fee; etc. Board Member Phyllis Ortman moved that the Water Board recommend City Council adopt the proposed resolution “Approving a partial deferral of payment for Plant Investment Fees (PIFs) associated with the Larimer County Jail Expansion.” Board Member Randy Kenyon seconded the motion. Vote on the Motion: it passed unanimously, 11-0. Board Member Primsky left the meeting at 8:37 p.m. c. STAFF REPORTS i. Developer Request for Perpetual Water Augmentation Agreement Interim Utilities Deputy Director Liesel Hans presented information on the Montava housing development, the developer’s request for augmentation water, risks and opportunities for Utilities, additional considerations and benefits; other entities (Loveland, Greeley, Boulder, Longmont) and perpetual water augmentation agreements. Water Resources Manager Donnie Dustin gave an overview of current and planned uses of Rigden Reservoir. Ms. Hans noted that City Council is largely in favor of the Montava development and how it may support City goals and objectives (master planning rather than piecemeal approach). Discussion Highlights Board members commented on or inquired about various related topics including what Montava’s responsibilities would be; how much is released and when; communications; the City gains affordable housing from this development; suggestion to include a diagram or chart to illustrate the water involved; suggestion that any agreement would need to specify limit to prevent future WATER BOARD REGULAR MEETING 1 1 /19 /2020 – MINUTES Page 7 of 7 additional requests; water reuse; amount of groundwater (tributary aquifer); groundwater used for agriculture; alluvial groundwater is treated the same way as surface water in Colorado; precedent question is important considering that future developers may request similar; Boxelder Sanitation District. 6. APPROVAL OF MINUTES: OCTOBER 15 Chairperson Malers asked for comments on the draft minutes; there were none. Board Member Kenyon moved to approve the October 15 minutes. Board Member Chinnasamy seconded the motion. Vote on the motion: it passed unanimously, 10-0 7. OTHER BUSINESS None 8. BOARD MEMBER REPORTS None 9. OTHER BUSINESS a. 2021 WATER BOARD WORK PLAN Vice Chair Bruxvoort suggested scheduling a one-hour orientation for new board members in early 2021. He stated the board can use the plan as a working draft, and revise according to emerging priorities. Board Member Brown moved to approve the 2021 Water Board Work Plan. Board Member Tarry seconded the motion. Vote on the Motion: It passed unanimously, 10-0. 10. ADJOURNMENT 8:50 p.m. These minutes were approved by Chairperson Steve Malers and the Water Board at the December 17, 2020 regular meeting.