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HomeMy WebLinkAboutNatural Resources Advisory Board - Minutes - 06/16/2021 NATURAL RESOURCES ADVISORY BOARD TYPE OF MEETING – REGULAR June 16, 2021 6:00 – 8:00 pm Via Zoom 6/16/21 – MINUTES Page 1  1. CALL TO ORDER / ROLL CALL - 6:00 PM  List of Board Members Present  Danielle Buttke - chair  Kevin Krause – vice-chair  Drew Derderian  Dawson Metcalf  Samantha Williams  Elizabeth Hudetz  Barry Noon  John Skogman  List of Board Members Absent  Hillary Mizia (Excused)  List of Staff Members Present  Lindsay Ex, Staff Liaison  Abbye Neel, Interim Water Conservation Manager  Liesel Hans, Interim Deputy Utilities Director  Donnie Dustin - Sr. Manager, Water Engineering  List of Guests  Community member 2. AGENDA REVIEW  No changes 3. PUBLIC PARTICIPATION  Community member (whose name was not captured in the recording) shared that she was attending for the water discussion on behalf of her employer who does developments. She is interested in listening into the discussion to understand how this might impact their business. 4. APPROVAL OF MINUTES  There were a few minor edits to the May minutes. Dawson moved and Danielle NATURAL RESOURCES ADVISORY BOARD TYPE OF MEETING – REGULAR 6/16/21 – MINUTES Page 2  seconded a motion to approve the May minutes as amended. Motion passed unanimously 8-0-0 5. NEW BUSINESS a. Water Supply Requirements and Allotments - Abbye Neel  Background  There are multiple water providers within the City of Fort Collins: East Larimer County Water District; Fort Collins Loveland Water District; Fort Collins Utilities (water); Sunset Water District; and West Fort Collins Water District. Each district sets their own water supply requirements.  The water supply requirements and allotments being proposed here would only apply to new development and re-development within the Fort Collins Utilities water service area.  Fort Collins Utilities water impact fees for developers consist of:  Plan Investment Fees (PIF) reflect the impact of new development on Utilities water treatment and distribution systems.  Water meter fees (WMF) cover the cost of installing and maintaining meters in new developments.  The Water Supply Requirement (WSR) reflects the impact to our water supply (from Horsetooth Reservoir and Cache la Poudre River) by new developments. It is translated to water allotments for all commercial and irrigation customers. - Water Supply Requirements (WSR) costs are calculated by multiplying the volume of water needed to meet additional demand times existing water rights or cash-in-lieu of water rights. The update of this calculation is the subject of tonight's proposal to the NRAB for consideration. - The proposed changes are in alignment with the City's Strategic Plan, Utilities Strategic Plan, City Plan, Housing Colorado Water Plan, Our Climate Future, Nature in the City, Water Efficiency Plan, Water shortage Action Plan, Water Supply and Demand, and Management Policy.  Water Supply Requirements (WSR) by the City's Utilities (water) began in 1960 and have evolved and incorporated an Allotment Management Program as the City has grown. Council will consider the latest update to WSR to address current growth this fall, with adoption in 2022. NATURAL RESOURCES ADVISORY BOARD TYPE OF MEETING – REGULAR 6/16/21 – MINUTES Page 3  - Current proposal drivers are to increase accuracy, Improve equity so each developer pays their fair share of the cost, and to promote water efficiency and innovation.  Proposed new WSR concepts for new development will be more data driven and detailed, and will require more input from developers and more staff time to manage. There would also be alternative compliance for commercial and irrigation taps and appropriate land use code updates. The water allotments will also reflect how different landscapes and businesses use water differently and will reflect appropriate cost implications. Cost will not be part of this update but will be developed at a later time.  The new concept will be based on:  Residential = number of bedrooms + outdoor area  Multifamily = number of bedrooms (all multifamily & commercial developments would be required to have a separate irrigation tap and WSR)  Commercial = business type  Irrigation = Landscape type  Next steps:  Staff will continue with public outreach and education  Formal City Council Consideration (September 2021)  Policy adoption (January, 2022)  Related future efforts:  Update cash-in lieu (late 2021)  Require allotments for all non-residential customers  Add residential alternative compliance option  Evaluate and align Plant Investment Fee calculations  Discussion:  Danielle - Q - Can you explain why native grass landscape is anticipated to use almost as much water need as bluegrass as shown in the graph? A - The comparative example in the presentation shows 50,000 sq. ft of native grass and 20,000 sq ft of bluegrass being compared to use similar amounts of water. Danielle - commented the graph is confusing and suggested highlighting the benefits of landscaping with native grasses because NATURAL RESOURCES ADVISORY BOARD TYPE OF MEETING – REGULAR 6/16/21 – MINUTES Page 4  Council may not understand the water savings from native grasses looking at this graph.  Danielle - Q - Can you incentivize using native grasses for landscaping in new development? A - Yes. Utilities will be communicating with developers at the very beginning of the process about water conservation.  Barry - Q - Do developers have to purchase water rights since all water is already owned in Colorado per Colorado Water Law? A - A developer can buy water rights or have cash-in-lieu of water rights, which is the more common way developers obtain water. There must also be infrastructure provided for those water rights.  Barry - Q - There is a declining amount of water in Colorado. As development increases, usage increases. How can you continue to build with a decreasing amount of water in Colorado? A - Donnie Dustin - Water ownership can change from agriculture to commercial use. Water can also be stored, as in the Halligan Water project.  Barry - Q - The NISP project says its purpose is to help agriculture usage when, in fact, that water will be purchased for commercial use because of growing development. The Yampa river is at critical stage and the Colorado River's flow is declining. How, as a city, can Fort Collins promote development, when development is based on a dwindling water supply? Barry suggested the wording in the plan should make water savings mandatory, not optional A - The new water supply allotments plan is designed to require less water use.  Kevin - Q - Where does the ability for cash-in-lieu of water rights end and developers are told there are no water rights available for development? A - Liesel Hans - Fort Collins Utilities is one of 3 water districts that serve the City. The other 2 water districts have different policies are mostly feeding development. There have been slowdowns and development pauses because of water allocations with them. The City's efforts are around how to better use existing our city water rights.  Kevin - Q - Will the City be buying more water rights to satisfy development and do we have a target for x number of years out where water usage needs to be tied to reduced availability? A - Yes, but that is not the only strategy. The water strategic plan has reduced water usage goals, including the proposed new strategy being presented here.  Lindsay – shared that NRAB could include these issues and concerns within a memo to Council, if NRAB elects to send such a memo.  Danielle - Q - The proposed plan is going in the right direction but she does NATURAL RESOURCES ADVISORY BOARD TYPE OF MEETING – REGULAR 6/16/21 – MINUTES Page 5  not agree with the way it gets there through paying for what you use. That is an inequitable way to use resources for those who cannot pay as much as others. In addition, Parks are not conserving water by irrigating Kentucky Bluegrass instead of natural grasses. She suggested the plan incorporate language to support doing the right thing and align with City Plan and City values by requiring conservation of resources. This is an opportunity to explicitly incentivize gray water use for irrigation at lower rates in this initiative. Barry would also like the issue of equity mentioned in the proposal regarding paying for what you use. A - Abbye - Use of gray water has been approved at the state level, however, Fort Collins Utilities has not yet adopted it locally. However, they are exploring it, but it would not be part of this update. Liesel - Council is interested and is becoming informed about use of gray water, Colorado Water Law, and what additional kinds of resources would be necessary to provide infrastructure management to have gray water be part of water usage in Fort Collins.  Danielle A - Is there an opportunity to insert language into this proposal referencing a future approval of gray water use and its benefits? A - Liesel - Currently we don't currently have the data. The building and plumbing codes get updated every 3 years and language can be inserted there to anticipate future gray water systems.  Danielle - Q What are the opportunities to apply for Innovation Funds to do testing to arrive at the data needed for the water usage update reports? A Staff is exploring other resources to do this, including the Innovation Fund.  Kevin -Q - Is there an allotment resizing incentive for existing residential customers such as a buy-back program? A - Currently only commercial customers have allotments and there is not a process to sell unused portions back to the City, mainly because of legal implications that water rights add value to a property.  John - Q - Is there a way to re-evaluate existing allotments and to add a surcharge if it is exceeded? A - Abbye - Only 11% of Fort Collins Utilities customers have allotments. Staff is evaluating their usage needs as a next step.  Danielle - Q - Is there an opportunity to evaluate the other 89% of customers' usage as an allotment?. A - This could be an inequity issue and staff has recognized this as a future project.  Danielle - A - What about sale of a property or a property that won't be sold without an allotment that is grandfathered in? A - Currently, that is being addressed in an equity project. NATURAL RESOURCES ADVISORY BOARD TYPE OF MEETING – REGULAR 6/16/21 – MINUTES Page 6   John - Q - If a property is sold or redeveloped and doesn't replace the tap, is there a way to add it into these revised allotment requirements? A - Yes. As part of the proposal, when a change-of-use permit is applied for their water requirement will be re-evaluated.  Danielle - asked the board if it wanted to write a memo of support to Council regarding the proposed amended Water Supply Requirements and Allotments proposal presented at this meeting  Barry moved and Dawson seconded a motion that the NRAB will write a memo of support of the amended Water Supply Requirements and Allotments proposal as presented with the addition of the board's comments expressed here. Danielle will draft the memo for the NRAB's review b. Utilities - Water-related BFO Offers - Liesel Hans  Lindsay presented a spreadsheet with the current 2022 BFO offers that are within the board's purview, and focused specifically on those offers in ENV 4.4 - Provide a reliable, high-quality water supply, the purpose of which is to maintain overall resiliency and drought protection for the City. - John - Q - Will Council most likely approve these offers? A - If the offer is a continuing enhancement that was previously supported, Council will most likely approve them. The goal is to approve offers that support the City's Strategic Plan and the overall operations and goals of the City.  Offer 1.23 - Current contractual position to finish Halligan permitting process  Offer 1.24 - Continue funding for Halligan permitting and design  Offer 1.28 - Temporary position for water conservation team - Kevin - Q - How do you determine temporary vs. permanent position when there is so much to do? A - This is to address additional workload of short- term special projects and can be re-evaluated and extended, depending on need. Lindsay pointed out there have been hiring freezes due to Covid budget shortfalls.  Offer 1.29 - Continue water conservation xeriscape incentive program for HOAs and commercial properties  Offers 1.32, 1.33, 1.34 - Ongoing asset management programs to maintain water system infrastructure  Offers 1.35, 1.41, 1.45 - Continuing asset management enhancement to proactively update distribution infrastructure system NATURAL RESOURCES ADVISORY BOARD TYPE OF MEETING – REGULAR 6/16/21 – MINUTES Page 7   Offer 1.46 - Costs for operational technology  Offer 1.48 - Engineer position for process and supervisory controls division  Offers 1.5, 1.57 - Asset management - large valve, instrument replacement  Offer 1.53 - Consulting services - for water treatment plan  Offer 1.59 - To restore budget reductions budget shortfalls due to Covid  Offer 1.61 - Water supply acquisition fund - to keep abreast of water rights opportunities and not losing any. - Elizabeth wanted more information about the junior water rights that were recently lost. Liesel will have Donnie Dustin send an answer to Lindsay for her.  Offer 1.8 - Two positions of Water Engineer II to help with future planning and managing water management for Utilities, Parks and Natural Areas  Discussion:  Barry - Q - Do Parks or other department communicate with other departments regarding the acquisition of water rights? He suggests buying water rights so people can tube from Shields to the water park to make a "river trail". It is an issue of water rights to keep water in the river for quality of life. A - Liesel - I would assume those who planned the river park did address that, but I don't know.  Danielle - Q - Does the NRAB want to communicate to Council regarding these offers? A - Lindsay – while Council won't receive the City Manager’s recommended budget until September, she suggested the NRAB could make notes on the spreadsheet now and revisit the spreadsheet closer to that time and make a decision then to communicate to Council. 6. OTHER BUSINESS / UPDATES a. Board Member Reports  Elizabeth - stated she is interested in "rank choice voting" that is currently being used by 5 states and if anyone in the NRAB is also interested for them to email her for more information  Kevin attended the Bicycle Advisory Committee  They reviewed the BFO offers regarding their issues.  He announced safety issue of bikes being not having to stop at stop signs when it is safe to continue will not be discussed at the state legislature this NATURAL RESOURCES ADVISORY BOARD TYPE OF MEETING – REGULAR 6/16/21 – MINUTES Page 8  term, but the BAC will continue to discuss it at the local level.  Parks is evaluating a below-grade crossing next to the Poudre River near New Belgium.  CSU is leading a zero vision strategy to reduce fatalities and injuries.  The active modes plan will be combining the pedestrian and bike plans into a single plan and collaborating with CSU  Kevin reported he got an e-bike and reports he uses it as car replacement trips.  Lindsay reported that Lucinda Smith has retired and that she, Lindsay, was selected to be the next Environmental Services Director. Another NRAB liaison will be selected, and Lindsay will keep in communication with the NRAB about this b. 6-Month Calendar Review c. Revisit action items from previous meetings & preview of next meeting d. discussion of remote versus in person meetings  Lindsay explained the NRAB can now choose to conduct their meeting in person at 222 LaPorte building as before, continue to meet virtually, or in a hybrid virtual/in-person manner. The board discussed virtual meetings being more convenient and environmentally friendly.  Kevin moved and Elizabeth seconded a motion continue meeting virtually until the end of the year. Motion passed unanimously 8-0-0 7. ADJOURN 8:32 pm