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HomeMy WebLinkAboutWater Commission - Minutes - 07/21/2022 WATER COMMISSION REGULAR MEETING July 21, 2022, 5:30-7:30 p.m. Hybrid in person at 222 LaPorte Ave and online via Zoom 07/21/202 2 – MINUTES Page 1 1. CALL TO ORDER 5:31 p.m. 2. ROLL CALL • Commissioners Present: Jason Tarry (Chairperson), Greg Steed (Vice Chairperson), John Primsky, Jordan Radin, Paul Herman, Rick Kahn, Tyler Eldridge o Commissioner Rick Kahn left the meeting at 5:48PM citing illness and technical difficulties • Commissioners Absent - Excused: Kent Bruxvoort, Randy Kenyon • Staff Members Present: Jason Graham, John Song, Marsha Hilmes-Robinson, Ken Sampley, Aaron Guin, Emily Peddicord (Advanced Energy), Larry Callahan (Advanced Energy), David Lawton (Advanced Energy) • Members of the Public: None 3. AGENDA REVIEW • Chairperson Jason Tarry briefly summarized items on the agenda 4. COMMUNITY PARTICIPATION • None 5. APPROVAL OF MINUTES CHAIRPERSON TARRY ASKED FOR COMMENTS AND REVISIONS ON THE JUNE 16 MINUTES. Commissioner Primsky moved to approve the June 16 minutes. Commissioner Eldridge seconded the motion. Vote on the motion: it passed unanimously 6-0 with one abstention. Commissioner Radin abstained for his absence from the previous meeting WATER COMMISSION REGULAR MEETING 07/21/2022 – MINUTES Page 2 6. EXECUTIVE SESSION a. Chairperson Tarry asked members of the public to leave the room so the Water Commission could hold an Executive Session regarding the floodplain variance request. b. Chairperson Tarry moved for the Water Commission to go into Executive Session. i. Commissioner Radin seconded the motion. ii. Vote on the motion: it passed unanimously 7-0. Assistant City Attorney Aaron Guin advised the Water Commission on its quasi-judicial role regarding floodplain variance requests. 7. PUBLIC HEARING Floodplain Variance – Advanced Energy, 1625 Sharp Point Dr. (Please note that decisions by the Water Commission regarding variance requests are appealable to the City Council. Contact the City Clerk’s office for information about the City’s appeal guidelines) This hearing with be video recorded. Video transcript available upon request. The following staff members spoke: Marsha Hilmes-Robinson, Ken Sampley The following Commissioners spoke: John Primsky, Jason Tarry, Greg Steed, Jordan Radin The following people spoke for the applicants: Emily Peddicord, David Lawton, Larry Callahan Staff recommendation includes a condition that any approval of a variance shall not be effective until the appeal period has been concluded and that it is determined that no appeals have been filed that would potentially impact the proposed RiskMAP floodplain mapping in this area. The reasons for staff’s recommendation for approval of the variance are: 1. The RiskMAP mapping shows the site to be out of the 100-year floodplain and once the maps are approved, the site will no longer be required to comply with floodplain regulations; and 2. The staff recommendation is specifically based on the timing of the appeal period being completed and that no appeals have been filed that would impact this area. When the mapping reaches this stage, it is far enough along in the process to have confidence that the mapping will not change; and 3. Staff’s discussion with Federal Emergency Management Agency (FEMA) indicated that FEMA would not be concerned b the granting of the variance and thus would not result in any compliance issues for the City of Fort Collins. Furthermore, FEMA provided specific policy guidance, FEMA Policy #104-008-2, related to the use of less WATER COMMISSION REGULAR MEETING 07/21/2022 – MINUTES Page 3 restrictive data and this variance, if the condition is added, would be in compliance with this policy document; and 4. Not granting the variance would lead to an exceptional hardship for the applicant due to the uncertainty in timing of approval of the RiskMAP maps. The maps have already been delayed numerous times. Because the Poudre River mapping is tied to a much larger area of revision, an appeal on another stream could result in map approval. Commissioner Primsky moved to approve the floodplain variance for Advanced Energy at 1625 Sharp Point Drive. Discussion on the motion: A Commissioner noted that the hearing hinges on the trust that the RiskMAP proposed by City staff will be the new floodplain map depending on their evaluation. Another Commissioner noted that the applicant provides economically to the City, and part of the project is to improve the aesthetics of a building for a company that acts as a gateway into the city. It would be difficult to request the applicant to move locations. Another Commissioner expressed that it doesn’t seem that the cumulative improvements to the building warrants the whole process; FEMA code states that spending 50% or more of the building’s value requires this process. Commissioners proposed several friendly amendments. Commissioner Primsky accepted the friendly amendments. Final motion: I move to approve the floodplain variance for Advanced Energy located at 1625 Sharp Point Dr., requesting a variance from the requirements of City Code Sections 10-76(2)a, 10-76(3)a, 10-37, 10-76(9) and 10-48 which would allow construction of a cumulative substantial improvement and addition without being elevated and without developing an Emergency Response and Preparedness Plan in the Zone AE area of the FEMA Flood Insurance Rate Map (Poudre River 100-year floodplain). The following condition shall be included: 1. The floodplain use permit and building permit shall not be approved until the RiskMAP appeal period is completed and it is determined that there are no such appeals that would impact this area. I make 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 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 failure to grant the variance would result in exceptional hardship to the applicant; and 4) 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 WATER COMMISSION REGULAR MEETING 07/21/2022 – MINUTES Page 4 trespass, any fraud on or victimization of the public, or any conflict with existing local laws or ordinances. In support of this motion for approval of the variance, and considering the nine factors for this commission to consider a variance as set forth in City Code, I find: that the city expects that the preliminary RiskMAP will be the new floodplain map, assuming no appeals concerning the area where the property is located will change the preliminary RiskMAP that the applicant provides an important service at the proposed facility to the community and this building is a gateway building into the city that the proposed use is compatible with the location, as it has been operating at that location for many years that the variance is not likely to change or increase the danger that material may be swept away onto other lands or injure others that the variance doesn’t change or increase danger to life or property due to flooding or erosion that the variance doesn’t change or increase the susceptibility of the proposed improvement to the property and its contents to flood damange and the effect of such damage on the owner. Commissioner Radin seconded the motion. Vote on the motion: it passed unanimously, 6-0. 8. NEW BUSINESS a. Staff Reports (Attachments available upon request) i. Financial Monthly Report (meeting packet only) ii. Water Resources Monthly Report (meeting packet only) Discussion Highlights A Commissioner inquired whether there were any thoughts to pursue voluntary water restrictions. They noted that it would be good practice for the public and wouldn’t be as drastic if there were suddenly a mandatory restriction. Director of Water Jason Graham responded that there isn’t enough momentum to apply a voluntary water restriction at this time. iii. Memo: 2022 Spring Water Quality Update – Cache la Poudre Watershed (meeting packet only) WATER COMMISSION REGULAR MEETING 07/21/2022 – MINUTES Page 5 Discussion Highlights Mr. Graham wanted to inform the Commission that Per- and Polyfluorinated Substances (PFAS) is becoming an emerging topic. The Commission expressed interest in seeing a topic regarding PFAS in the future. iv. Memo: Floodplain Management Public Information Committee Annual Report (meeting packet only) v. Graywater Response from Mayor (meeting packet only) 9. COMMISSIONER REPORTS None 10. OTHER BUSINESS Jason Graham gave a high-level update of Water Utilities, including Halligan updates, the staff organizational chart, budgeting, changes to contract type for contractors, staffing changes, etc. 11. ADJOURNMENT 8:24 p.m. These minutes were approved by the Water Commission on August 18, 2022.