HomeMy WebLinkAbout05/16/2024 - Water Commission - AGENDA - Regular Meeting
WATER COMMISSION
REGULAR MEETING AGENDA
May 16, 2024 5:30 – 7:30 p.m.
Online via Zoom or in person at 222 Laporte Ave, Colorado River Community Room
05/16/2024 Agenda Page 1
The Water Commission advises City Council regarding water, wastewater, and stormwater
policy issues such as water rights, planning, acquisition and management, conservation and
public education, floodplain regulations, storm drainage, and development criteria. Read more
at https://www.fcgov.com/cityclerk/boards/water.
This hybrid Water Commission meeting is available online via Zoom, phone, or in person in
the Colorado River Community Room of 222 LaPorte Ave. You may join the meeting beginning
at 5 p.m. Participants should join at least 15 minutes prior to 5:30 p.m. start time.
ONLINE PUBLIC PARTICIPATION:
You will need an internet connection on a laptop, computer, or smartphone, and may join the
meeting through Zoom at https://fcgov.zoom.us/j/98568801045 Webinar ID: 985 6880 1045
(Using earphones with microphone will improve the audio). Keep yourself on muted status.
For public comments, the Chairperson will ask participants to click the “Raise Hand” button to
indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all
participants have an opportunity to comment.
PUBLIC PARTICIPATION BY PHONE:
Please dial +1 346 248 7799 and enter Webinar ID 985 6880 1045. Keep yourself on muted
status. For public comments, when the Chair asks participants to click the “Raise Hand” button
if they wish to speak, phone participants will need to press *9 to do this. Staff will be
moderating the Zoom session to ensure all participants have an opportunity to address the
Water Commission. When you are called, press *6 to unmute yourself.
PUBLIC PARTICIPATION IN PERSON:
To participate in person, individuals should come to the Colorado River Community Room of
222 LaPorte Ave and be prepared to follow strict social distancing guidelines. There may be
needs to limit the number of individuals in the meeting room, and thus staging for individuals to
speak may need to occur in the lobby or outside (weather permitting).
Individuals who wish to speak will line up along the northern wall, maintaining physical
distancing. The chairperson will call upon each participant to speak.
(Continued on next page)
WATER COMMISSION
REGULAR MEETING AGENDA
May 16, 2024, 5:30 – 7:30 p.m.
Online via Zoom or in person at 222 Laporte Ave, Colorado River Community Room
05/16/2024 Agenda Page 2
1. CALL TO ORDER
2. ROLL CALL
3. AGENDA REVIEW
4. COMMUNITY PARTICIPATION (3 minutes per individual)
5. APPROVAL OF MINUTES: APRIL 18
6. UNFINISHED BUSINESS
None
7. NEW BUSINESS
a. Staff Reports
i. Financial Monthly Report (meeting packet only/no presentation)
8. EXECUTIVE SESSION
a. Executive Session Regarding Floodplain Variance Request Process (30
minutes)
Eric Potyondy, Assistant City Attorney II, Water Attorney
Documents to Share: Any document or presentation a member of the public wishes to
provide to the Water Commission for its consideration must be emailed to jsong@fcgov.com
at least 24 hours before the meeting.
Provide Comments via Email: Individuals who are uncomfortable or unable to access the
Zoom platform or participate by phone are encouraged to participate by emailing comments
to the above email address at least 24 hours prior to the meeting.
If your comments are specific to any of the discussion items on the agenda, please indicate
that in the subject line of your email. Staff will ensure your comments are provided to the
Water Commission.
WATER COMMISSION
REGULAR MEETING AGENDA
May 16, 2024, 5:30 – 7:30 p.m.
Online via Zoom or in person at 222 Laporte Ave, Colorado River Community Room
05/16/2024 Agenda Page 3
9. PUBLIC HEARING
a. Floodplain Variance for Fossil Creek and Stanton Creek Stream Rehabilitation
(Action: 1 hour)
Kelly Wasserbach, Special Projects Manager
**Please note that the decisions by the Water Commission regarding variance
requests are appealable by the City Council. Contact the City Clerk’s Office for
information about the City’s appeal guidelines.
10. COMMISSIONER REPORTS
(Committees, Event attendance, etc.)
11. OTHER BUSINESS
(Commissioner concerns, Announcements)
12. ADJOURNMENT
DRAFT UNAPPROVED MINUTES WATER COMMISSION
REGULAR MEETING
April 18, 2024, 5:30-7:30 p.m.
Hybrid in person at 222 Laporte Ave and online via Zoom
04/18/2024 – DRAFT Unapproved MINUTES Page 1
The Water Commission advises City Council regarding water, wastewater, and stormwater
policy issues such as water rights, planning, acquisition and management, conservation and
public education, floodplain regulations, storm drainage, and development criteria. Read
more at https://www.fcgov.com/cityclerk/boards/water.
1. CALL TO ORDER
5:31 p.m.
2. ROLL CALL
Commissioners Present In Person: Paul Herman (Vice Chairperson), Tyler Eldridge,
Rick Kahn, Nick Martin, Nicole Ng, John Primsky
Commissioners Present via Zoom: Jordan Radin (Chairperson), James Bishop
Commissioners Absent - Excused: Greg Steed
Staff Members Present In Person: Jeremy Woolf, John Song, Katie Collins
Staff Members Present via Zoom: Jen Dial, Michael Neale
Members of the Public: None
3. AGENDA REVIEW
Vice Chairperson Paul Herman briefly summarized items on the agenda
4. COMMUNITY PARTICIPATION
None
5. APPROVAL OF MINUTES
Vice Chairperson Herman asked for comments and revisions on the draft minutes.
Commissioner Eldridge moved to approve the March 21 minutes.
Commissioner Kahn seconded the motion.
Vote on the motion: it passed unanimously, 6-0
Commissioners Martin and Ng abstained as they were not present at the March 21
Regular Meeting
DRAFT UNAPPROVED MINUTES WATER COMMISSION
REGULAR MEETING
04/18/2024 – DRAFT Unapproved MINUTES Page 2
6. OTHER BUSINESS
a. Welcome New Commissioners Nicole Ng and Nick Martin
The Water Commission welcomed Commissioners Ng and Martin. Nicole Ng is a
Project Engineer for HBK Engineering and has prior work experience with the
United States Air Force. She was formerly a board member from January to
December of 2020. Nick Martin is a Business Development Director (Water
Resources) for RESPEC, with prior volunteer experiences with 4 open access,
scientific journal publications and as the Future Risk Committee Finance Chair for
the American Water Resources Association (AWRA).
b. New Officer Voting for Chairperson and Vice Chairperson
Commissioner Kahn moved to nominate Commissioner Radin as 2024
Chairperson.
Commissioner Herman seconded the motion.
Vote on the Motion: It passed unanimously, 8-0
Commissioner Herman moved to nominate Commissioner Eldridge as 2024 Vice
Chairperson.
Commissioner Primsky seconded the motion.
Vote on the Motion: It passed unanimously, 8-0
7. NEW BUSINESS
a. Staff Reports
i. Financial Monthly Report
(meeting packet only)
Discussion Highlights
A Commissioner commented on a significant spread under Stormwater for
both operating and expenses. The expenses have been low this year, nearly
$500K under budget.
ii. Water Resources Quarterly Report
(No presentation, Staff available for questions)
Discussion Highlights
A Commissioner inquired about Horsetooth Reservoir’s level at 77% full.
Water Resource Engineer Michael Neale responded how Northern Water
manages the release of distribution, and the level is typical for this time of
DRAFT UNAPPROVED MINUTES WATER COMMISSION
REGULAR MEETING
04/18/2024 – DRAFT Unapproved MINUTES Page 3
year. This is still pre-runoff phase, and Joe Wright Reservoir is high at 112%
of average, providing plenty of water at the moment for the summer. Mr.
Neale continued that over 70% is a good level for the municipality and
pending agricultural use. A Commissioner inquired whether the snowpack is
at or above average right now, to which Mr. Neale responded in the positive.
A Commissioner inquired about the Water Shortage Action Committee
meeting today, but Mr. Neale responded that no action would be required by
the community for conservation efforts.
iii. Memo: Proposed Soil & Xeriscape Landscape Standard Updates
Postponed (No presentation, staff available for questions)
Discussion Highlights
The state passed a law in March prohibiting non-functional turf in new
commercial development, including the right of way. The law goes into effect
January 2026. Staff are currently revising the City’s landscape code proposal
to better align with the State law. A Commissioner wondered if staff could
provide a conceptual presentation or an update as a part of a future meeting
packet to explain the implemented changes, to which Water Conservation
Specialist Katie Collins responded that her team plans to provide the
Commission an opportunity to review and comment once the draft is finalized
but before requesting a recommendation. A Commissioner inquired about the
timeline for the implementation of the City proposal to which Ms. Collins
responded that they still need to revise the draft, perform development
reviews, and look over the code with attorneys to ensure that the language
aligns with the State law, hoping for a 2025 completion but may need more
time.
iv. 2023 Annual Water Conservation Report (No presentation, staff available
for questions)
Discussion Highlights
A Commissioner praised that the estimated gallons per capita per day
(GPCD) is down 42% since 2000, commenting that all the numbers positively
came in under the estimate. Ms. Collins responded that 2023 saw 122
gallons per household last year, though it may not be realistic to expect it to
continue, as last year was a wet year and there was a lot less irrigation and
water being put down. She underlined that as the population grows, the
GPCD is stabilizing or even going down slightly. A Commissioner commented
that as housing develops and there may be smaller properties, it may equate
to less landscaping requiring less water, though another Commissioner
pointed out that a lot of new development is slated for East Larimer County
Water District (ELCO)’s district. A Commissioner added that there may be
DRAFT UNAPPROVED MINUTES WATER COMMISSION
REGULAR MEETING
04/18/2024 – DRAFT Unapproved MINUTES Page 4
further efficiency with the implementation of more turf grass or xeriscaping.
8. COMMISSIONER REPORTS
a. Commissioners inquired about the Super Issues meeting and whether there were
any water-related items, but there wasn’t an agenda topic.
9. ADJOURNMENT
6:17 p.m.
These minutes will be approved by the Water Commission on May 16, 2024.
Water
Wastewater
Stormwater
$7,796,000
$7,952,168
Budget
Actual
Operating Revenues
$8,616,266
$8,625,188
Budget
Actual
Operating Expenses
$7,959,000
$8,184,207
Budget
Actual
Operating Revenues
$5,505,380
$5,049,151
Budget
Actual
Operating Expenses
$6,313,920
$7,533,333
Budget
Actual
Operating Revenues
$3,060,363
$2,739,403
Budget
Actual
Operating Expenses
Water Fund Revenue
in thousands Percent of Year 33.3%
April Year to Date
Actual
Over/
(Under)Budget Actual
Over/
(Under) Inc/(Dec)
% Bud
Recvd % Act Recvd
2024 2024 Bud 2024 2024 2024 Bud 2023 2024 2023
Residential Water Sales $ 1,178 * $ 44 $ 4,496 $ 4,665 $ 169
(A)$ 135 26% 28%
Com/Indl Water Sales 592 * 29 2,202 2,259 57
(B)22 23% 24%
Excess Water Use Surcharge 11 * 9 7 17 10 1 3% 2%
District Water Sales 174 * 78 406 518 112 107 25% 21%
Other Water Sales 39 * (166) 258 48 (210)
(C)52 6% 9%
PILOTs 117 9 427 446 19 6 25% 26%
Operating Revenue 2,110 2 7,796 7,952 156 323 24% 25%
Interest Revenue 223 131 368 758 389 189 69% 38%
Development Fees/PIFs/Contributions 154 19 538 1,912 1,373
(D)1,777 118% 146%
Financing Sources 0 0 0 6 6 6 4%
Other Misc 12 (9) 77 246 169
(E)160 82% 74%
Total Lapsing Revenue**2,499 144 8,780 10,874 2,094 2,455 30%31%
Non-lapsing Revenue 0 0 0
TOTAL**$ 2,499 $ 10,874 $ 2,455
Variance Analysis:
(A)
(B)
(C)
(D)
(E)
(F)
*
**
Commercial/Industrial Water sales are 2.6% over budget and 1.0% more than YTD 2023.
April billed revenue is for March and early April.
Excludes transfers and unrealized gain/loss on value.
Plant Investment Fees $236 (recognized $449 from unearned revenue related to 2019 FCLWD loan prepayment), Water Rights ($90).
Plant Investment Fees $445 (recognized $496 from unearned revenue related to 2019 FCLWD loan prepayment), and Water Rights $456 (large senior living complex in February).
Repair Charges $183 (received settlement for AB Transmission Main that was struck).
Due to a lack of water rentals.
Residential Water Sales are 3.8% over budget and 3.0% more than YTD 2023.
Note: Water rate increase of 4.0% for 2024, as budgeted.
Water Fund 2024 Department Expense
In thousands `Percent of Year 33.3%
Excludes depreciation and transfers
April Year to Date
Actual
(Over)/
Under YTD Bdgt Actual
(Over)/
Under (Inc)/Dec
Actual +
PO's
Spent &
Committed
2024 2024 Bud 2024 2024 2024 Bud 2023 2024 by PO's
Water Treatment $ 588 $ (37) $ 1,919 $ 1,822 $ 97
(A)$ (204) $ 2,667 41%
Water Resources 356 (147) 1,418 1,573 (155)
(B)(320) $ 1,696 48%
Water Quality Lab 108 8 394 387 8 (86) $ 529 41%
Subtotal WR&T $ 1,052 $ (176) $ 3,731 $ 3,782 $ (51) $ (610) $ 4,892 43%
Transmission & Distribution 261 12 1,020 1,197 (177)
(C)27 $ 1,229 32%
Water Meters O&M 71 47 395 265 130
(D)62 $ 287 21%
Engineering 44 16 193 129 64 70 $ 184 20%
Subtotal WEFS 375 75 1,608 1,590 17 159 $ 1,701 28%
Water Conservation 73 (58) 324 270 54
(E)29 $ 442 33%
PILOTs 116 (9) 427 446 (20) (6) $ 446 25%
Admin Services - CS&A 439 0 1,757 1,757 0 (70) $ 1,757 33%
Other Payments & Transfers 225 (69) 770 781 (10)
(F)35 $ 860 34%
Subtotal Operating Expenses $ 2,281 $ (235) $ 8,616 $ 8,625 0 $ (9) $ (464) $ 10,097 35%
Debt Service 0 0 0 0 0 0 $ 0
Minor Capital 84 115 315 105 210
(G)436 $ 700 38%
Total Lapsing $ 2,366 $ (120) $ 8,931 $ 8,730 $ 201 $ (28) $ 10,797 36%
Non-lapsing Expenses 1,125 2,477 (1,864)
TOTAL $ 3,490 $ 11,207 $ (1,892)
Variance Analysis:
(A)
(B)
(C)
(D)
(E)
(F)
(G)
Legal Services ($10) (related to Open International lawsuit, over budget by YE).
High Efficiency Rebate $44, Urinal & Toilet Rebates $20 (expecting a $23 project; spending depends on projects and is highly variable, historically underspent), Consulting $30 (CIS project paying for
MyWater/Watersmart, expecting to be $100-$150 underspent by YE), and Conservation Incentives $10 (Natural Areas paying for Garden in a Box intend to use this for XIP minor amendments; flat by
YE), offset by Water Efficient Landscape Rebates ($32) (grant match appropriation all in April, budget will be positive in July) and Personnel ($11) (no vacancies - Assumed Vacancy Factor ($10) and
staff increases, will be $60 under in hourlies by YE to offset).
Consulting Services $150 (dedicated to BFO offer 4.40 for Meter Crawlspace Conversions; contractor for meter box installations awarded in early May - later than expected) offset by Personnel ($20)
(Salaries - Hourly $6: hired a part-time Meter Reader due to AMI module shortage and Assumed Vacancy Factor $11: no vacancies).
Water Treatment: Consulting $73 (solar field analysis and front parking lot landscape redesign pending, might still underspend by YE), Other Equipment $18 (outstanding quote, expecting to be around
$7), offset by Mechanical & Heavy Equipment ($35) (purchased earlier than expected), and Other Capital Outlay ($17) (PO carryforward expected to be paid in June, paid earlier, flat by YE) .
Transmission & Distribution: Mechanical & Heavy Equipment $97 (clean energy grant match that lapsed and was appropriated from reserves) and Motor Vehicles $65 (PO carryforward for a F150
Lightning).
Chemicals $53 and Electricity $23 (lower than anticipated Spring water demands, use depends on demand patterns, year-end (YE) spend TBD), Testing Services $26 ($14 spent or encumbered, should
be flat by YE (year-end)), Dues & Subscriptions $25 (2024 Water Research Foundation subscription is outstanding due to fund split discussions, likely under by YE), Consulting Services $25 (will spend
majority on Risk & Resilience Assessment), Radio Maintenance & Support $12 (hasn't occurred, yet), offset by Solid Waste Services ($56) (significant increase in tipping fees, plus previously estimated
load manangement is now accurate, likely to persist, will offset in energy and chemicals), Machinery Equipment & Parts ($13) (purchases made earlier than expected), Software Maintenance & Support
($12) (prepaid ICE expense booked all in Q1, should be flat by June).
Street & Bridge Maint. ($152) and Traffic Control ($6) (more water main breaks than usual in Q1 (40% of annual average) and increased costs for asphalt patching (up 30%) and concrete repairs from
Streets (Streets labor up 8-10%, equipment costs up, etc.); expecting to be over budget by 25-30% by YE, looking at ways to offset), Vehicle Repairs ($31) (two unexpected vehicle repairs early in the
year, will be over budget by YE and offset in Solid Waste Services unless have more large unexpected repairs), and Clothing Supplies ($16) (clothing allowance doubled this year, will be over budget by
YE and offset in Solid Waste Services).
Water Assessments ($273) (digging into this - incorrect calendarization suspected, TBD), Personnel ($23) (no vacancies - Assumed Vacancy Factor ($11) and allocation out error: net impact ~-$23; if
persist, will be $61 over budget by YE), offset by Consulting $121 ($60 due to Poudre Instream Flows Revision offer 1.56 unspent, terminated WSR contractor $15 under - will spend when get new
vendor, and haven't needed consultant for Montava water court case, but likely gearing up in a few months).
Wastewater Fund Revenue
in thousands Percent of Year 33.3%
April Year to Date
Actual
Over/
(Under)Budget Actual
Over/
(Under) Inc/(Dec)
% Bud
Recvd % Act Recvd
2024 2024 Bud 2024 2024 2024 Bud 2023 2024 2023
Residential WW Sales $ 1,418 * $ 15 $ 5,624 $ 5,705 $ 81
(A)$ 221 34% 34%
Com/Indl WW Sales 456 * 22 1,698 1,780 82
(B)41 31% 30%
District WW Sales 37 * 2 140 149 9 6 35% 35%
Other WW Sales 24 * 10 47 93 46
(C)10 44% 23%
PILOTs 115 2 450 458 8 16 33% 33%
Operating Revenue 2,050 51 7,959 8,184 225 294 33% 33%
Interest Revenue 134 86 194 445 251 138 77% 39%
Development Fees/PIFs/Contributions 26 (52) 312 391 80
(D)(0) 42% 60%
Financing Sources 0 0 0 0 0 0
Other Misc 4 3 4 11 7 (29) 9% 7%
Total Lapsing Revenue**2,214 88 8,469 9,032 563 403 34%34%
Non-lapsing Revenue 0 0 0
TOTAL**$ 2,214 $ 9,032 $ 403
Variance Analysis:
(A)
(B)
(C)
(D)
(E)Bad Debt Recovery $23, Lab Services $16, and House Rental $12, offset by Ranch Income ($35).
*
**
Plant Investment Fees $86.
April billed revenue is for March and early April.
Note: Wastewater rate increase of 4.0% for 2024, as budgeted.
Residential sales were 1.4% over budget and 4.0% more than YTD 2023.
Septage Treatment Charge $44.
Commercial/Industrial sales were 4.8% over budget and 2.3% more than YTD 2023.
Excludes transfers and unrealized gain/loss on value.
Wastewater Fund 2024 Department Expense
In thousands Percent of Year 33.3%
Excludes depreciation and transfers
April Year to Date
Actual
(Over)/
Under YTD Bdgt Actual
(Over)/
Under YTD (Inc)/Dec
Actual +
PO's
% Bud Spent &
Committed
2024 2024 Bud 2024 2024 2024 Bud 2023 2024 by PO's
Water Reclamation & Biosolids $ 666 $ (26) $ 2,152 $ 1,908 $ 244
(A)$ (129) $ 2,481 35%
Pollution Control Lab 91 23 428 320 108
(B)37 458 33%
Subtotal WR&T 757 (3) 2,580 2,228 353 (92) 2,940 35%
Trunk & Collection 148 14 605 566 38 (46) 572 28%
Engineering 27 28 191 112 78 0 188 28%
Subtotal WEFS 174 42 795 679 117 (45) 760 28%
PILOTs 114 (2) 449 457 (8) (15) 457 33%
Admin Services - CS&A 257 (0) 1,028 1,028 (0) (40) 1,028 33%
Other Payments & Transfers 163 (34) 652 657 (5) 8 697 31%
Subtotal Operating Expenses $ 1,466 $ 3 $ 5,505 $ 5,049 $ 456 $ (185) $ 5,882 33%
Debt Service 0 0 0 0 0 $ 0 0 0%
Minor Capital 0 77 574 62 512
(C)$ 72 506 52%
Total Lapsing $ 1,466 $ 79 $ 6,080 $ 5,111 $ 969 $ (114) $ 6,388 20%
Non-lapsing Expenses 920 1,526 (946)
TOTAL $ 2,386 $ 6,637 $ (1,060)
-$ 0
Variance Analysis:
(A)
(B)
(C)
Underspent in Chemical Supplies $97 (Polymer $66, Other Chemical Supplies $60, Ferric Chloride $22, Magnesium Chloride ($23), Magnesium Hydroxide ($34). Changing chemical needs in response
to process demands.), Personnel $74 (Vacancies), Other Prof & Tech Services $37 (Changed in requirements are delaying open PO), Legal Services $23 (Ongoing appeal for water rights case. Have
not seen invoices yet.), Dues & Subscription Services $17 (No invoices currently. Dues and permit fees will increase this year), Communication Supplies $10. Offset by Laboratory Supplies ($12)
(Needed supplies ordered earlier than originally anticipated), Software Maintenance & Support Services ($12) (Prepaid expense), Machinery & Equipment Parts ($16) (Supplies needed earlier than
anticipated coupled with increasing equipment costs), Electrical Parts ($24) (Supplies needed earlier than anticipated coupled with increasing equipment costs).
Personnel $52 (Salaries. Fully staffed, need to research.), Consulting Services $29 (POs for different monitoring programs that have not been invoiced.)
Trunk & Collection: Mechanical & Heavy Equipment $350 (Working with fleet for purchase vehicles and equipment. Not expecting any commitments until June at the earliest), Water Reclamation &
Biosolids: Motor Vehicles and Accessories $100, Plant & Garage Equipment $50, Pollution Control Lab: $10 Other Equipment (Used for unexpected repairs. No need so far.)
Stormwater Fund Revenue
in thousands Percent of Year 33.3%
April Year to Date
Actual
Over/
(Under)Budget Actual
Over/
(Under) Inc/(Dec)
% Bud
Recvd % Act Recvd
2024 2024 Bud 2024 2024 2024 Bud 2023 2024 2023
Single Family Residential SW Services $ 733 * $ 22 $ 2,842 $ 2,934 $ 92
(A)$ 113 34% 34%
Non-single Family SW Services 895 * 25 3,472 3,553 81
(B)121 34% 34%
Operating Revenue 1,628 47 6,314 6,487 173 234 34% 34%
Interest Revenue 219 187 125 727 603 503 194% 59%
Development Fees/PIFs/Contributions 78 3 300 275 (25)
(C)(166) 31% 28%
Financing Sources 0 0 0 0 0 0
Other Misc 12 11 4 44 40
(D)35 291% 47%
Total Lapsing Revenue**1,936 247 6,743 7,533 791 606 37%35%
Non-lapsing Revenue 0 0 0
TOTAL**$ 1,936 $ 7,533 $ 606
Variance Analysis:
Note: Stormwater rate increase of 3.0% for 2024, as budgeted.
(A)
(B)
(C)
(D)
*
**
April billed revenue is for March and early April.
Canal Maintenance revenue $26
Development Review ($10), Erosion Control ($8), and Stormwater Development Fees ($7).
Non-Single Family fees are 3.5% greater than 2023.
Single Family Residential fees are 4.0% greater than 2023.
Excludes transfers and unrealized gain/loss on value.
Stormwater Fund 2024 Department Expense
In thousands Percent of Year 33.3%
Excludes depreciation and transfers
April Year to Date
Actual
(Over)/
Under Budget Actual
(Over)/ Under (Inc)/Dec Actual + PO's
% Bud Spent
& Committed
2024 2024 Bud 2024 2024 2024 Bud 2023 2024 by PO's
Drainage and Detention $ 144 $ 42 $ 683 $ 583 $ 100
(A)$ (64) $ 814 30%
Engineering 117 63 638 442 196
(B)40 538 27%
Stormwater Quality Programs 30 11 142 113 30 (32) 251 36%
Admin Services - CS&A 307 0 1,227 1,227 0 (43) 1,227 33%
Other Payments & Transfers 117 (34) 371 376 (5)
(C)16 415 23%
Subtotal Operating Expenses $ 714 $ 83 $ 3,060 $ 2,739 $ 321 $ (84) $ 3,245 30%
Debt Service 0 0 0 0 0 0 0 #DIV/0!
Minor Capital 12 (12) 459 12 447
(D)10 1,077 66%
Total Lapsing $ 725 $ 71 $ 3,519 $ 2,751 $ 768 $ (74) $ 4,322 35%
Non-lapsing Expenses 314 889 183
TOTAL $ 1,039 $ 3,640 $ 109
Variance Analysis:
(A)
(B)
(C)
(D)
Personnel $35 (a vacancy is being releveled to be filled later in 2024) and Street & Bridge Maintenance $33 (delay in invoice processing and asphalt plants not processing until 4/1, expect
to be fully expended by YE), offset by Sewer Pipe & Accessories (($15) needed replacement of gear actuator for flood control gate).
Personnel $71 (1 remaining vacancy will be filled 5/28) and Consulting $90 (used as needed), offset by Easements (($16) services provided by City Real Estate Services.
Vehicles $82 (invoiced, awaiting Purchasing corrections to PO) and Heavy Equipment $365 (expect delivery Q3 2024).
BBRSA budgeted in January but won't be paid until YE.
Utilities
electric · stormwater · wastewater · water
PO Box 580
Fort Collins, CO 80522
970.212.2900
V/TDD: 711
utilities@fcgov.com
fcgov.com/utilities
M E M O R A N D U M
DATE: May 16, 2024
TO: Water Commission Members
THROUGH: Jeremy Woolf, Senior Director, Water Operations, Water Utilities
Matt Fater, Director, Civil Engineering, Water Utilities
FROM: Kelly Wasserbach, Civil Engineer III, Water Utilities
RE: Fossil Creek and Stanton Creek Stream Rehabilitation Variance Request
Variance Request Description
The attached application for “Variance to Floodplain Regulations” has been submitted for your
consideration and action.
The application requests a variance to City Code Section 10-105(5), which states:
Outdoor storage associated with nonresidential use, whether temporary or permanent, is
prohibited, unless all applicable requirements, including, but not limited to, the requirements
of City Code § 10-45, are met.
The term outdoor storage is defined in City Code Section 10-16 as:
Outdoor storage shall mean storage outside of a structure, and shall include storage of
materials, products, equipment, vehicles, or any other item that is not a structure. Use of
property for outdoor unattended parking of vehicles, such as, for example, commuter parking
areas, trailhead parking areas or other remote parking areas, shall be deemed to
constitute outdoor storage.
VARIANCE REQUEST
Approve a variance from City Code Section 10-105(5) to allow staging in the City-Designated
Fossil Creek Floodway during construction of the Fossil Creek and Stanton Creek Stream
Rehabilitation Project.
Notice of this hearing has been given in accordance with City Code Section 10-28.
Project Information
Background of Project
The Stream Rehabilitation Program is divided into 13 basins based on the Stormwater Master
Plan. Stream segments are monitored and prioritized based on several criteria, including stream
health and opportunity.
This segment of stream is used for irrigation conveyance. This causes higher flows than would
naturally occur through the system. Banks have eroded over time: approximately 20’ vertical
banks remain leaving minimal connectivity to the floodway. Non-native brome dominates the
uplands with no wetland vegetation on Fossil Creek. An under-sized culvert at Trilby Road has
left an 11’ drop from the invert of the pipe to the bottom of a scour hole just downstream. Fish
cannot easily navigate this segment.
Fossil Creek terminates in Fossil Creek Reservoir. Many different songbirds use the project site
as a stop-over on their way to the wetlands and reservoir. However, with a lack of native and
diversified vegetation, the site is under-utilized.
Staff has been working with Transportation, Parks, and Natural Areas to design a solution to
address all the concerns listed above while also maintaining visitor access.
Variance Justification
Construction Season
Irrigation flows generally pass through this area from April until October. To allow for ease of
construction and minimal dewatering, construction will begin in October 2025 and be
substantially complete in April 2026. During this time of year significant storms are unlikely.
Allowing the variance carries a very low risk to any materials getting downstream.
Backwater Conditions
Hydraulics in this area are unique in that there are three culverts under the railroad tracks: one is
low, for normal conditions, while two are higher to accommodate the 100-year flood. The two
elevated culverts create a backwater condition, where water will pool in the floodway and back
up to Trilby Road. As a result, a large area around the Fossil Creek section is in the high-risk
floodway.
During a backwater condition, water pools, and slows down. In the unlikely event that a 100-year
storm would occur in the months from October - April, construction materials would remain in
the pooled area and be removed as soon as possible.
Cost Effectiveness
Natural Areas are the landowner adjacent to Fossil Creek. No monetary commitments are
required to utilize their land as long as it is restored to the agreed-upon standard already included
in the design documents. Alternatives to onsite staging would require the expense of long
hauling distances and/or easements on private property. Utilizing City-owned property is in the
best interest of the rate payers.
Temporary Storage
Construction is a finite activity and storage will not be permanent in the floodway.
Applicant Information
This is a Utilities project. The formal applicant is the Capital Projects group, and any floodway
permits will be issued through the Floodplain Administration group. Capital Projects has
prepared a variance application form (Attachment A).
Hardship Requirement
This variance request would have to meet the hardship requirement of Sec. 10-29(f)(3) because
staging outside of the floodway would result in a higher public expense.
Staff Recommendation
Staff supports the approval of a variance for the Fossil Creek and Stanton Creek Stream
Rehabilitation construction staging in the floodway. The reason for staff’s recommendation for
approval of the variance are:
1. The risk is low for flooding during the construction season;
2. The project is in City-owned natural area and causes no adverse impacts on neighboring
properties; and
3. Not granting the variance would lead to an exceptional hardship for the applicant due to
its location. In other words, this is the best way to be stewards of taxpayer dollars.
Draft Motions for the Decision on the Variance
Staff has prepared the following draft motions for the Water Commission’s consideration to
facilitate its consideration and decision of the request from October to April. Should activities
need to occur past April 30, the Floodplain Administration Group will create an agreed-upon
plan with the Capital Projects Group to ensure floodway safety. Of course, these can be revised
at the Water Commission’s discretion.
Draft Script for Motion for Approval
I move for the approval of the floodplain variance for the Fossil Creek and Stanton Creek
Stream Restoration Project located between Trilby Road and Carpenter Road, which
requests a variance from City Code Section 10-105(5), which would allow temporary
outdoor storage in the floodway during construction.
A condition of this variance is that the applicant receive a Conditional Letter of Map
Revision (CLOMR) from the City of Fort Collins.
Note: This condition, or other conditions on the approval, are optional.
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 City Code have been met and as
required in City Code Section 10-29.
This motion includes determinations that:
(1) the variance is the minimum necessary to afford relief, considering the flood
hazard;
(2) there is good and sufficient cause for the variance to be granted;
(3) failure to grant the variance would result in exceptional hardship to the applicant;
and
(4) 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.
In support of this motion for approval, I would further add:
1. ___________________
2. ___________________
Note: These additional points are optional.
Draft Script for Motion for Denial
I move for the denial of the floodplain variance for the Fossil Creek and Stanton Creek
Stream Restoration Project located between Trilby Road and Carpenter Road, which
requests a variance from City Code Section 10-105(5), which would allow temporary
outdoor storage in the floodway during construction.
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 City Code have been met and as
required in City Code Section 10-29.
The reason(s) for the denial is that the application has failed:
1. ___________________
2. ___________________
Pc: Eric Potyondy, Assistant City Attorney
Fossil Creek and Stanton
Creek Stream
Restoration Staging
Variance
May 2024
Kelly Wasserbach, PE, PMP
Project Manager – Capital Projects
2Fossil Creek and Stanton Creek Stream Rehabilitation Overview
• Key goals are safety and water quality.
• 13 Basins. This is in the Foothills and Stanton Creek
basins.
• Project prioritized by condition and opportunity.
• Several streams have been degraded by agricultural
practices and urban development.
Stream Rehabilitation Program
• Address denuded embankments.
• Create a channel profile that can accommodate:
• Low flows in the winter.
• Irrigation flows April through September.
• 100 year storm.
• Restore banks with appropriate vegetation.
• Create more fish and song bird habitat.
• Install proactive treatments for erosion control.
Fossil Creek and Stanton Creek Stream Rehabilitation Overview 3
Project Goals
4Fossil Creek and Stanton Creek Stream Rehabilitation Overview
• Fossil Creek from Trilby Road to the Railroad
Tracks.
• Culvert under Trilby Road will be included in
permitting and is set for construction
approximately three months before the creek
rehabilitation.
• Stanton Creek scope starts at Carpenter Road and
ends at the confluence with Fossil Creek.
• Pedestrian bridges along the trail are being
considered in this project scope.
Scope Overview
5Fossil Creek and Stanton Creek Stream Rehabilitation Overview
Complete
Design June
2024
Permitting
Through Q2
2025
Construction
Fall 2025
Anticipated
Construction
Completion
Q2 2026
Schedule
6Fossil Creek and Stanton Creek Stream Rehabilitation Variance
• Variance requested is for Section 10-105(5): Outdoor Storage
•Outdoor storage associated with nonresidential use, whether temporary or permanent, is prohibited, unless all applicable requirements, including, but not limited to, the requirements of § 10-45, are met.
•Outdoor storage shall mean storage outside of a structure, and shall include storage of materials, products, equipment, vehicles, or any other item that is not a structure. Use of property for outdoor unattended parking of vehicles, such as, for example, commuter parking areas, trailhead parking areas or other remote parking areas, shall be deemed to constitute outdoor storage.
• Fall and winter months are
often the lowest risk for
floods.
• Construction from
October to April with
final plantings in May if
necessary.
• Backwater condition at this
location. This will likely mean
slower moving water.
• This is the most cost
effective option for rate
payer.
• Other options
require long
mobilizations and/or
large easements.
Fossil Creek and Stanton Creek Stream Rehabilitation Variance 7
Staff Support Reasoning
8Recommended Variance Language
I move for the approval of the floodplain variance for the Fossil Creek and Stanton Creek Stream Restoration
Project located between Trilby Road and Carpenter Road, which requests a variance from City Code Section 10-
105(5), which would allow temporary outdoor storage in the floodway during construction.
A condition of this variance is that the applicant receive a Conditional Letter of Map Revision (CLOMR) from the
City of Fort Collins.
Note:This condition, or other conditions on the approval, are optional.
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 City Code have been met and as required in City Code Section 10-29.
This motion includes determinations that:
(1) the variance is the minimum necessary to afford relief, considering the flood hazard;
(2) there is good and sufficient cause for the variance to be granted;
(3) failure to grant the variance would result in exceptional hardship to the applicant; and
(4) 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.
Note:These additional points are optional.
QUESTIONS?
9
10
Section A: Owner Information
Petitioner name_______________________________________________________________________________________
Address__________________________________________________________Phone______________________________
Owner name_________________________________________________________________________________________
Address__________________________________________________________Phone______________________________
City_______________________________________________State________________________Zip___________________
Legal description and/or address of property_______________________________________________________________
____________________________________________________________________________________________________
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Section B: Proposed Project Information
• Description of proposed project (check all that apply): new structure addition remodel redevelopment
mobile home/building attached garage accessory structure fill excavation change of use
other (describe)_____________________________________________________________________________________
• Existing use (check one): residential non-residential mixed-use vacant ground
• Proposed use (check one): residential non-residential mixed-use other_________________________________
• If non‑residential or mixed‑use, describe in detail:__________________________________________________________
• Critical facility? yes no
• Type of foundation (check one): slab-on-grade basement crawl space* enclosed area not subgrade
other (describe)_____________________________________________________________________________________
*If crawl space, submit crawl space worksheet.
Remodels and Redevelopment Only
Cost of improvement for this project: __________________________________
Section C: Floodplain Information
• Lowest existing ground elevation: _____________________________ MSL (mean sea level)
• Lowest finished ground elevation: _____________________________ MSL
• Base flood elevation: 100‑year flood level______________ 500‑year flood level_______________
• Regulatory flood protection elevation: _________________
• Proposed lowest floor elevation using 10‑37(d):_______________________________ (attach drawing)
• Floodproofing description (if available):___________________________________________________________________
• Section(s) of City Code for which variance is being requested:_________________________________________________
• What is the variance request?___________________________________________________________________________
___________________________________________________________________________________________________
• What circumstances justify the proposed variance?_________________________________________________________
___________________________________________________________________________________________________
Floodplain Variance Application
City of Fort Collins Water Board
The applicant hereby certifies that the above information, along with the attached plans and project descriptions,
is correct. The applicant agrees to comply with the provisions of the zoning ordinance, building code and all
other applicable sections of the City Code, Land Use Code, City Plan and all other laws and ordinances affecting the
construction and occupancy of the proposed building. The applicant understands that if this variance is approved, the
structure and its occupants may be more susceptible to flood damage and, if in a FEMA floodplain, the cost of flood
insurance may increase for the property.
Signature of applicant:______________________________________________________Date:_____________________
If you have questions or need assistance filling out forms, contact Fort Collins Utilities at:
• Phone: (970) 221‑6700
• TDD: (970) 224‑6003
• Web: fcgov.com/stormwater
• E‑mail: utilities@fcgov.com
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Date application fee paid:_______________________Date complete application submitted:____________________
Date of variance hearing:_______________________ Variance: approved denied
Notes/condiditons:________________________________________________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
This document has been prepared to assist those
persons requesting a variance to Chapter 10 of City Code
pertaining to floodplain regulations. The requirements
listed below will cover most conditions, however,
additional information may be needed for unique
situations. An up-front meeting is recommended with
the applicant and their engineer or architect as early as
possible so the City’s Floodplain Administrator can assist
in the variance process and ensure the variance hearing
by the City’s Water Board goes as smoothly as possible.
Submittal Deadline
A completed application packet must be submitted to
the City’s Floodplain Administrator at least three weeks
in advance of the Water Board meeting for which the
variance will be considered. This allows time for review
by staff, printing adequate copies of the packet and
distributing the packet to the board.
Water Board Meeting
The Water Board meets the third Thursday of each
month. In November and December, the meetings are
sometimes combined and held before the Christmas
holidays. Professional engineers or architects are
encouraged to attend the variance hearing.
Variance Fee
A $1,000 variance fee is due at the time the variance
packet is submitted. If a variance to the $1,000 fee is
requested, this fee variance must be considered by the
Water Board at a separate meeting before the variance
to the floodplain regulation is considered. The variance
to the floodplain regulation would be heard at the next
board meeting the following month.
Application Packet
The application packet for the floodplain regulation
variance must include:
• Completed Floodplain Use Permit;
• Completed Floodplain Variance Application form;
• Narrative explaining the project and the specific
variance to the City Code being requested. It must
include the reason for requesting the variance,
alternatives that were evaluated and why they will
Floodplain Variance Submittal Requirements
or will not work, any hardship (if any) if the variance
is not granted, and any extenuating or mitigating
circumstances. Comments should also address City
Code section 10-27, 10-28, and 10-29 as they apply to
the project (see attached).
• Site plan(s) with information pertaining to the
variance. Items to be included on the site plan should
be discussed with the Floodplain Administrator.
Information generally shown on the site plan includes:
–existing and proposed grading;
–floodplain and floodway boundaries;
–cross-section and base flood elevation lines;
–size, location and spatial arrangement of all
proposed and existing structures;
–building layout showing any existing buildings
relative to any proposed additions;
–elevation of the lowest floor including basement or
crawl space for any structures or additions that are
being proposed; and
–landscaping and fences.
Notes:
• Drawings should be 11”x17” or smaller. If applicant
requests color drawings, 18 originals will be needed.
• Additional information may be required, including:
–floodproofing designs by a professional engineer
or architect;
–building elevation drawings; and
–cross-section of proposed improvements.
• For those variances requesting structures in the
floodway, no rise calculations following the City’s
Floodplain Modeling Guidelines shall be submitted for
approval. A Colorado registered professional engineer
must complete a no-rise certification form and all
calculations shall be by the professional engineer using
standard engineering methods.
Post Construction Requirements
A post construction elevation or floodproofing
certification must be completed prior to issuance of the
Certificate of Occupancy (CO) to verify compliance with
variance approval conditions. Additional site inspection
or certifications may be required.
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