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HomeMy WebLinkAboutWater Commission - Minutes - 02/17/2022 WATER COMMISSION REGULAR MEETING February 17, 2022, 5:30-7:30 p.m. Online via Zoom 02/17/202 2 – MINUTES Page 1 1. CALL TO ORDER 5:30 p.m. 2. ROLL CALL • Commissioners Present: Kent Bruxvoort (Chairperson), Greg Steed (Vice Chairperson), John Primsky, Jason Tarry, Jordan Radin, Rick Kahn, Randy Kenyon • Commissioners Absent - Excused: Tyler Eldridge, Paul Herman • Staff Members Present: Matt Fater, John Song, Donnie Dustin, Eileen Dornfest, Susan Strong, Marsha Hilmes-Robinson, Ken Sampley, Theodore Bender, Theresa Connor, Michael Neale, Martha Cruse • Members of the Public: None 3. AGENDA REVIEW • Chairperson Kent Bruxvoort briefly summarized items on the agenda 4. COMMUNITY PARTICIPATION • None 5. APPROVAL OF MINUTES CHAIRPERSON BRUXVOORT ASKED FOR COMMENTS AND REVISIONS ON THE JANUARY 20 MINUTES. Commissioner Tarry moved to approve the January 20 minutes. Commissioner Radin seconded the motion. Vote on the motion: it passed unanimously, 7-0 6. NEW BUSINESS a. Staff Reports (Attachments available upon request) i. Financial Monthly Report (meeting packet only) WATER COMMISSION REGULAR MEETING 02/17/2022 – MINUTES Page 2 Discussion Highlights A Commissioner inquired about the financial reserve balances and whether the reserves are growing with the budget and forecasts, as revenues exceed expenses. They expressed concern regarding growing debt, rising prices, and other factors. Interim Utilities Executive Director Theresa Connor responded that the report regarding reserves is not included in monthly reports but are a part of the 2-year budget report for financial planning. Utilities divisions generally spend 95-97% of their operating budgets, so the reserves have been growing by the extent of that remainder. Another Commissioner inquired about the role of the monthly and year-end reports. Ms. Connor responded that at every Budgeting for Outcome (BFO) cycle, the reports are utilized to assess budgeting and adjustment considerations. There is a target for the operating budget that is considered in the analysis, ensuring underspending and considering inflationary costs. The City also looks to Capital spendings to see if they can close out any projects. Managers consider the report monthly, and there are also quarterly reports to balance, and so the report is used as a management tool throughout the year. ii. Water Resources Monthly Report (meeting packet only; staff available for questions) Discussion Highlights A Commissioner noted a project regarding the cleanout of the intake at Gateway Natural Area and requested an update. Water Resources Engineer Donnie Dustin responded that the weather has delayed the project, but they are hoping to complete it near the beginning of March, though Interim Deputy Director Matt Fater also responded that he had just been up there this week and there has been significant progress in moving a lot of sediment to protect the diversion. He also confirmed to a Commissioner that the project falls under a nationwide permit. iii. Halligan Water Supply Project: Year in Review Update (meeting packet only; staff available for questions) Discussion Highlights A Commissioner commented on the Army Corps of Engineers’ delay of the Environmental Impact Statements (EIS) and inquired about its cause, considering the relatively low risk of the project, the rise in costs every year, as well as City and State appointed leaders who are well-versed in water matters. Project Manager Eileen Dornfest responded that what is really WATER COMMISSION REGULAR MEETING 02/17/2022 – MINUTES Page 3 dictating the schedule right now is the state’s water quality process. The EIS is no longer on the critical path for the project’s schedule. In fact, the Corps of Engineers waited on the City for its 30% design, and now they are waiting for the City’s update on the cost estimate. A large factor that drives the schedule for the various permitting processes is ensuring that the analyses are consistent, thorough, and robust, and that there are no gaps or reasons for legal disputes or other challenges. Allowing time for this level of analysis is in the City’s best interest. She referenced the Northern Integrated Supply Project (NISP) and how their water quality certification had been appealed, and so the City had learned from that process. Another Commissioner asked for a brief explanation of the three other permits that the City requires. They are the Fishing and Wildlife Mitigation Plan, the Water Quality Certification, and the County 1041, which will all be included in as an addendum to the record of decision or worked into the ultimate 404 permit. Another Commissioner inquired about the responsibilities of the technical analysis and permitting preparations, to which Ms. Dornfest replied that the process is City-led, but there are consultants who support the technical aspects as well. Another Commissioner inquired about certain additions to the design team. Ms. Dornfest replied that they were planned hires, one being the independent cost estimator, who will seek opportunities to verify and optimize construction costs, and the second being a technical advisory committee who acts as an extension of the state engineers’ office for technical review of the design. Finally, Ms. Dornfest noted in response to a Commissioner that there have not been any significant surprises in the field investigation or design thus far. iv. E. Coli Study and Recommendations Senior Environmental Regulatory Specialist Susan Strong presented on E. Coli control measures that will be required for future Municipal separate storm sewer system (MS4) permit renewals. The study aims to evaluate existing data and identify areas of concern for potential sources of E. Coli, identify and collect additional data, conduct microbial source tracking, develop an E. Coli control strategy based on data analysis, and engage in the Total Maximum Daily Load (TMDL) development process and stakeholder meetings. Discussion Highlights A Commissioner inquired whether there had been an outbreak or negative effect on human health that prompted this study. Ms. Strong responded that there were no outbreaks or perceivable negative effect, and it was rather in anticipation of the TMDL development. The Commissioner referred to abatement activities mentioned in the presentation in the Old Town area and WATER COMMISSION REGULAR MEETING 02/17/2022 – MINUTES Page 4 asked about improvements to the water quality of the Old Town basin. Staff Liaison Matt Fater responded that in accordance to the Downtown Stormwater Improvement Plan, there are several large-diameter storm sewers planned to be constructed, one being an extension of the Howes Outfall to improve stormwater quality, as well as other green infrastructure and low impact development (LID) improvements. The Commissioner also inquired about a stream segment on Spring Creek, for which the control strategy was to evaluate human sources between College Ave and Riverside. Ms. Strong responded that this is where there was detected a positive human marker, and they are trying to confirm whether it was the result of sources from the outfall or direct contact to the stream. Another Commissioner inquired about the raccoons and whether they present a significant problem now or they are hoping to mitigate a future problem. Ms. Strong responded that for the areas where there are high concentrations of E. Coli but lacking high human markers, it seems that the source may likely then be a high population of raccoons. She was unsure whether it would help with the TMDL development process or if it will require mitigation strategies, but they can at the least identify the source. Ms. Connor added that there is always a gray area in how the state and the Environmental Protection Agency (EPA) should navigate circumstances like these because the human health concern ultimately regards human viruses. Another Commissioner wondered about the properties with horses or cattle that are along Spring Creek and the river and whether they are included in affected the study. Ms. Strong expressed that those properties have been on her radar for a long time and that she had in fact spoken to the City’s attorney’s office regarding mitigation strategies for private property sources. Ultimately, those sources do empty into a retention pond, and so there are no direct outfalls into the stream or river, but they are on natural areas and may have potential to produce issues. Ms. Connor noted that in the past, informing property owners of issues that have arisen from runoff caused some to take mitigation measures, so the City needs to explore different approaches regarding private properties. Ms. Strong also ensured a Commissioner that there were no immediate concerns or dangers for those recreating near affected bodies of water. Finally, Ms. Connor also noted that the sun is an effective disinfectant for large bodies of water such as the river and was grateful for Colorado’s yearly average of 300 days of sunlight. b. Regular Items (Attachments available upon request) i. Floodplain Additions and Substantial Improvement Code Change Marsha Hilmes-Robinson, Civil Engineer III, and Ken Sampley, Director of WATER COMMISSION REGULAR MEETING 02/17/2022 – MINUTES Page 5 Stormwater Engineering and Development Review, presented to conduct outreach related to a proposed regulatory change to Chapter 10 of City Code to come into compliance with minimum regulations from the Federal Emergency Management Agency (FEMA) regarding additions and substantial improvements in FEMA floodplains. Discussion Highlights A Commissioner inquired if there is any way that a developer may piecemeal a project to work around the proposed codes to stay below the 50% threshold. Ms. Hilmes-Robinson responded that there is a time period defined in the City code for both FEMA and City floodplains, which is a one-year time period during which multiple projects must be combined. For the Poudre River, it is cumulative over the life of the structure, so it has a higher standard to minimize impacts. Mr. Sampley added that FEMA does not add a specified time period to obstruct piecemealing a project, so this language in the City code is a step further in mitigation. Another Commissioner asked clarification whether the code changes are required, to which Ms. Hilmes-Robinson responded that this is not a recommendation but rather a requirement from FEMA, which could result in probation if City code does not meet its standards, and ultimately expulsion from the National Flood Insurance Program. Commissioner Steed moved that the Water Commission recommend City Council adopt the proposed changes to Chapter 10 of City Code regarding additions and substantial improvements in FEMA floodplains. Commissioner Kahn seconded the motion. A Commissioner commented that the changes seem mostly administrative and does not introduce any major impacts. Another Commissioner noted that if the changes were applied to Old Town, there may have been challenges and issues. Vote on the Motion: it passed unanimously, 7-0 7. COMMISSIONER REPORTS None 8. OTHER BUSINESS WATER COMMISSION REGULAR MEETING 02/17/2022 – MINUTES Page 6 a. New Office Elections Commissioner Bruxvoort moved to nominate Commissioner Tarry for Chairperson. Commissioner Kenyon seconded the motion. Vote on the motion: it passed unanimously, 7-0. Commissioner Bruxvoort moved to nominate Commissioner Steed for Chairperson. Commissioner Kenyon seconded the motion. Vote on the motion: it passed unanimously, 7-0. b. Onboarding Overview 9. ADJOURNMENT 7:34 p.m. These minutes were approved by the Water Commission on March 17, 2022.