HomeMy WebLinkAboutWater Commission - Minutes - 10/20/2022
WATER COMMISSION
REGULAR MEETING
October 20, 2022, 5:30-7:30 p.m.
Hybrid in person at 222 LaPorte Ave and online via Zoom
10/20/2022 – MINUTES Page 1
1. CALL TO ORDER
5:30 p.m.
2. ROLL CALL
Commissioners Present: Jason Tarry (Chairperson), Greg Steed (Vice Chairperson),
John Primsky, Jordan Radin, Rick Kahn, Tyler Eldridge
Commissioners Absent - Excused: Kent Bruxvoort, Paul Herman, Randy Kenyon
Staff Members Present: Jason Graham, Lance Smith, Mariel Miller, John Song,
Shannon Ash, Heather Young, Katie Collins, Michael Neale, Kendall Minor
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 AUGUST
18 MINUTES.
Commissioner Steed moved to approve the August 18 minutes.
Commissioner Radin seconded the motion.
Vote on the motion: it passed unanimously, 6-0
6. NEW BUSINESS
a. Staff Reports
(Attachments available upon request)
i. Financial Monthly Report
(meeting packet only)
ii. Water Resources Monthly Report
(meeting packet only)
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Discussion Highlights
Northern has set the Colorado Big-Thompson (CBT) quotient for 40% for next
year - Commissioners and staff had never seen it that low before, or at least
in a long time. Mr. Graham said they’re discussing it internally for what that
means for the organization. Perhaps Northern is worried about the
predictions for the Colorado River, but it’s still a big adjustment. Come April,
the City is expecting to see additional quota, and would likely end up at
around 60-70%, but Water Conservation is working with Water Resources to
look at models and scenarios with current projections. A Commissioner
inquired if this would change the way that water will be managed, such as
implementing water restrictions, to which Mr. Graham responded that it
wouldn’t at least until April, and they’re still determining if there are changes
to be made.
iii. Memo: 2022 Summer Water Quality Update – Upper Cache la Poudre
Watershed
(meeting packet only)
Discussion Highlights
Mr. Graham commented that the summer saw good re-establishment of the
burn area of the Upper Cache la Poudre Watershed, and barring any future
fires, restoration is on track. The question remains whether the Colorado-Big
Thompson (CBT) source will adhere to expectations and whether the supply
will meet the community’s demand, but that’s the balance that the Water
Conservation Team is aiming to achieve. A Commissioner commented that
the entire system has been compromised after the fire, noting that the
watershed can now hold less than it was able to previously due to loss of tree
cover.
iv. Director of Water Quarterly Update
Director of Water Utilities Jason Graham gave an update on the ordinance
amending chapter 26 of the Code of the City of Fort Collins, addressing
unexpected challenges to nonresidential redevelopment customers from
Ordinance 119, 2021.
Discussion Highlights
Commissioners asked for clarification on the City’s change in language to the
ordinance and its impact on the circumstances of a review, to which Mariel
Miller, Water Conservation Manager, and Mr. Graham responded that the
review is triggered if there are changes to the water meter or service with a
larger size, or changes to their water infrastructure. Another Commissioner
inquired about time restraints for the review, alluding to disruptions to the
business during its process, but it was unknown at this time, but Mr. Graham
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referenced that there were some businesses that have been in limbo for up to
3-4 months. He added that for those infrastructures that were grandfathered
in and were paid for under an old system, it presents an opportunity to review
for water supply requirements to assign accurate allotments. It provides
security for future water use, as it allows to set predictable expectations for
the City and businesses, allowing for foreseeable rubrics for excess water
use. A Commissioner asked what percentage water is used by businesses, to
which Ms. Miller responded that it was about half compared to residential. Mr.
Graham added that this allows for a reset of expectations with businesses,
especially with restaurants in mind. He added that City Council approved this
change.
b. Regular Items
(Attachments available upon request)
i. 2023 Utility Rates and Fees
Financial Planning and Analysis Director Lance Smith presented on the
proposed changes to the 2023 water, stormwater, and wastewater utility
rates and fees, and to seek support to present the changes to Council for
approval.
Discussion Highlights
A Commissioner inquired whether there are statutory requirements, to which
Mr. Smith responded that the City does not as it’s a home rule community,
but it does have financial policies that specify minimum reserve balances in
percentages. Another Commissioner asked when there would be a firmer
understanding for the Halligan cost estimate, to which Mr. Smith answered
he’d have a better understanding in about 6 months. The Commissioner
continued to inquire whether there’s a figure where it no longer seems
prudent to spend money on the project considering inflation, construction
costs, easements, etc. A Commissioner projected that if the project is $150M,
Halligan would provide $19K per acre-foot, while CBT water is going to
$120K per acre-foot, and the Commissioner added that even if the project
cost $300M, it would still be a fraction of CBT water. Mr. Smith added that the
costs wouldn’t be spent front loaded, but over time with cost-effective
solutions during the process. A Commissioner wondered whether the
foundational principle is still in effect that development pays the incremental
cost for itself over time. Mr. Smith responded that it still is, though legally the
requirement is that the development does not exceed the cost of adding a
customer, thus the City is not obligated to have development fully pay for
itself, but it’s the direction that Council wants to continue. The Commissioner
inquired whether these increases keep the City’s reserves at the historically
agreed upon percentage, to which Mr. Smith responded that it does. Another
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Commissioner commented that it would be helpful to see models of what it
would look like to decrease rates and fees, just to see what the alternative
would be. Another Commissioner commented that the rate increases don’t
put the community ahead of inflation or other rise in costs, considering
infrastructure renewal, income deficiencies, etc. Mr. Smith responded that the
4% increase is a part of a longer timeline, hoping to see replacement rates
for infrastructure at a sustainable level over the next five years. Another
Commissioner added that the rates are still lower than many of the
communities in Northern Colorado even with the rate increases, such as
Loveland, Longmont, Greeley, and Colorado Springs. Another Commissioner
underlined that it’s critical to inform the public about Utility changes over the
next five years.
Commissioner Kahn moved that the Water Commission recommend City
Council approve the proposed changes to the Utility’s water, wastewater, and
stormwater rates and fees as presented.
Discussion Highlights
Commissioners decided to add a clause in the motion to include a plan for
informing the public.
Commissioner Kahn moved that the Water Commission recommend City
Council approve the proposed changes to the Utility’s water, wastewater, and
stormwater rates and fees as presented, and develop a plan to inform the
public about this year’s increases and increases into the future.
Commissioner Tarry seconded the motion.
Vote on the Motion: it passed unanimously, 6-0
ii. Income-Qualified Assistance Program Feedback
Shannon Ash, Affordability Programs Manager, and Heather Young,
Community Engagement Manager, presented on the Income-Qualified
Assistance Program that aims to serve the community with a reduced rate
program and education opportunities for low-income customers and to seek
approval to bring it to Council.
Discussion Highlights
A Commissioner commented that in a past presentation, they had been led to
believe that it would be nearly impossible to reach 2,000 participants, but it
seems to be projected to exceed that number by 2023. The Commissioner
added that the cost to run this program for Utilities is much higher than the
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$415,000 figure presented, as it also includes staff effort and salaries. A
Commissioner inquired about the qualifications, to which Ms. Young clarified
that customers were auto-enrolled through the Colorado Low-income Energy
Assistance Program (LEAP), a state-funded program. Ms. Ash clarified for a
Commissioner that unclaimed funds are added to the payment assistance
fund.
Commissioner Steed moved that the Water Commission recommend City
Council approve to support the Income-Qualified Assistance Program
becoming an adopted Utility program.
Commissioner Tarry seconded the motion.
Vote on the Motion: it passed, 5-1
Commissioner Primsky opposed the motion as the program may continue to
encourage people to be dependent on government programs and not be
resourceful in other ways. He also opposed as there was no real detailed
application that was specific to the program itself. He would like to add that
there should be a robust review process, as ratepayers should not support
participants who may practice irresponsible spending, especially by looking at
the projected spending for the program.
iii. Allotment Management Program Update and Extension
Water Conservation Specialist Katie Collins presented on the Allotment
Management Program (AMP), which has served commercial customers with
undersized allotments by waiving some or all Excess Water Use (EWU)
surcharges accrued while implementing a project proposed to save water.
Ms. Collins seeks recommendation from the Water Commission for Council
to extend the program by three years.
Discussion Highlights
A Commissioner expressed surprise that such large developments didn’t
consider the cost of maintenance in accordance with their allotments.
Another Commissioner answered that for permitting, the quickest way to
check the box is to throw down Kentucky bluegrass sod—a cheap option—in
order to be permitted, leading to these issues later that exceed allotments.
Another Commissioner inquired if the staff had considered simply raising the
rate if a development exceeds the allotment exorbitantly in order to
discourage spending. Ms. Miller responded that the program also hopes to
reduce demands for the overall water supply, as well as those who
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purchased land and didn’t make the initial decision to put down Kentucky
bluegrass at the time of development. Another Commissioner desired to see
developers incentivized not to put property owners in situations that exceed
allotments moving forward. Another Commissioner wondered whether
extending it another 3 years makes sense, but Ms. Collins commented that
development code only just changed this year, and there are still properties
that are dealing with this issue. Mr. Graham added that the program is
achieving its goals of reducing overall water usage and saving costs. Another
Commissioner inquired whether the program would add participants,
especially through the meter change ordinance for properties that are
overusing water. Ms. Collins responded that eligibility specifically requires
that the estimated landscape water need must exceed an allotment. Some
Commissioners commented that this may enable those who had made short-
sighted decisions at the time of development, while others expressed that it
may act as a reset for property owners that have found themselves with this
issue.
Commissioner Tarry moved that the Water Commission recommend City
Council approve an ordinance to extend the Allotment Management Program
by three years.
Discussion Highlight
Commissioners decided that they wanted to change the number of years of
the extension to one year, though that would still allow participants up to
three years of waivers.
Commissioner Tarry moved that the Water Commission recommend City
Council approve an ordinance to extend the Allotment Management Program
by one year.
Commissioner Kahn seconded the motion.
Vote on the Motion: it passed unanimously, 6-0.
7. COMMISSIONER REPORTS
None
8. OTHER BUSINESS
Memo to Council Regarding BFO Offer 4.47
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Commissioner Radin moved to approve the memo to be sent to Council as written.
Commissioner Kahn seconded the motion.
9. ADJOURNMENT
8:11 p.m.
These minutes were approved by the Water Commission on November 17, 2022.