HomeMy WebLinkAboutWater Board - Minutes - 02/27/2003City Council Liaison
David Roy
Staff Liaison
DeEtta Can 221-6702
Fort Collins Utilities Water Board Minutes
Thursday, February 27, 2003
Water Board Chairman Water Board Vice Chairman
Tom Sanders 491-5448 John Morris 491-0185
Secretary
Heather Anderson 221-6700
Roll Call
Board Present
Chairman Tom Sanders, Vice Chairman John Morris, John Bartholow, Ted Borstad, Tom
Brown, Bill Fischer, David Lauer, Rami Naddy, Robert Ward and Doug Yadon
Board Absent
Jim Finley
Staff Present
Patty Bigner, Dennis Bode, DeEtta Carr, Laurie D'Audney, Donnie Dustin, Kevin Gettig, Susan
Hayes, Jim Hibbard, Marsha Hilmes-Robinson, Brian Janonis, Sue Paquette, Bob Smith,
Michael Smith, Susan Smolnik and Wendy Williams
Guests
Kelly Brown — citizen, Kevin Cline — citizen, Al Jakubauskas — citizen, Carrie Daggett —
Assistant City Attorney, Mike Oberlander — North Star Designs, Dale Moorehouse — citizen,
Gene Schleiger — NCWCD, Kim Szidon — Ranch -Way Feeds
Meeting Opened
Chairman Tom Sanders called the meeting to order at 3:07 p.m.
Update On Northern Colorado Water Conservancy District
Gene Schleiger stated that the Upper Colorado Basin water level is up 11 percent, and the South
Platte Basin is up 15 percent. Lake Grandby is down to 5 percent of its capacity.
Pleasant Valley Pipeline has all of the signed agreements in place. They expect to give the
contractor notice to proceed on March 3 and expect them to be in the field almost immediately.
The District will have their Spring Water Users Meeting at the Raintree Inn in Longmont, CO on
April 9.
Floodylain Variance For Ranch -Way Feeds
Bob Smith, Stormwater Planning Manager discussed a permanent variance for Ranch -Way Feeds
to allow them year-round, overnight parking of trucks in a designated area of the Poudre River
Fort Collins Water Board Minutes Page 2
February 27, 2003
100-year floodplain at 101 East Lincoln. The Board had approved, in December of 2002, the
seasonal storage of vehicles in the area from September 1, 2002 to March 31, 2003.
The designated area would be 80 feet up to the North property line, which is smaller than the
area approved in December of 2002. The vehicles Ranch -Way Feeds expect to have in the area
are about 2 '/z feet above the ground with 42 inch tires, and weight of approximately 20,000
pounds. The deepest flow around the vehicles would be about 6 inches.
Stormwater staff identified three options for the Board to consider:
Option #1: Deny the variance request based on the regulation adopted in City Code and
thereby not allow year-round, overnight parking of trucks in the Poudre River Floodplain.
The seasonal variance approved in December 2002 remains valid until March 31, 2003.
Option #2: Grant the variance request to allow year-round, overnight parking of trucks in a
designated area of the Poudre River floodplain with the following conditions as proposed by
the applicant:
• Overnight storage of trucks is allowed only in the designated area shown on Exhibit A.
• No storage is allowed in the floodway or product corridor.
• Only trucks, as described in this variance request are to be stored overnight in the
designated area.
The entire site will be required to fully comply with the floatable materials regulation if any
of the following events occur: any change in use of the property; a substantial change in the
quantity, type, or character of the floatable materials on the property which causes an
increased risk of flood damage; construction of a new structure on the property; or any
addition to or substantial improvement of any existing structure on the property.
-4. Option 43: Deny the variance request to allow year-round, overnight parking a designated
area of the Poudre River Floodplain based on the regulation adopted in City Code, but extend
the seasonal variance granted in December 2003 to be an annual, seasonal variance
(September 1 to March 31 each year) with the following condition:
The entire site will be required to fully comply with the floatable materials regulation if any
of the following events occur: any change in use of the property; a substantial change in the
quantity, type, or character of the floatable materials on the property which causes an
increased risk of flood damage; construction of a new structure on the property; or any
addition to or substantial improvement of any existing structure on the property.
Stormwater Staff recommends the Board accept Option #2. They do not see the vehicles being a
hazard for floatable materials. The water depth is low enough that it should not be in the frame
of the vehicles.
Fort Collins Water Board Minutes Page 3
February 27, 2003
Mike Oberlander with NorthStar Design, the Civil Engineer for Ranch -Way Feeds said they are
proposing the overnight storage on about 15 percent of the overall site. The depths are shallow
and the velocities are fairly low and they are specifying only trucks for the floatable materials.
They are looking for the intent of the ordinance, which in a 100-year flood, is that nothing floats
down the river. From what they have been able to tell, with the constraints give in Option#2,
they meet the intent of the ordinance.
The variance they are requesting is specific to trucks and will not include passenger cars. There
has also been quite a bit of research, surveying, and other technical services performed on the
site in the amount of approximately $2, 500. He stated that they have narrowed the area the
vehicles will be located in and shown that what they are doing is appropriate and does not trump
any Stormwater requirements if the site was ever redeveloped.
A Board member suggested that an addendum be made to Option42 to state that a clearly visible
sign, in an obvious location, be posted that state that only the specified trucks could be parked in
the designated areas over -night. He also suggested including a provision that allowed inspection
by the City of Fort Collins to insure that the appropriate trucks are parked in the designated areas
and this inspection would be without notice.
Jim Ziden said the property is locked at night and the trucks are plugged in, but he did not see a
problem with the suggestions made for signage and inspections.
Board member, David Lauer, motioned the Board grant the variance request to allow year-round,
overnight parking of trucks in a designated area of the Poudre River floodway with the following
conditions as proposed by the applicant:
• Overnight storage of trucks is allowed only in the designated area shown on Exhibit A.
• No storage is allowed in the floodway or product corridor.
• Only trucks, as described in this variance request are to be stored overnight in the
designated area.
The entire site will be required to fully comply with the floatable materials regulation if any
of the following events occur: any change in use of the property; a substantial change in the
quantity, type, or character of the floatable materials on the property which causes an
increased risk of flood damage; construction of a new structure on the property; or any
addition to or substantial improvement of any existing structure on the property.
Board member Robert Ward seconded the motion and it passed unanimously.
Proposed Surplus Water Rental Rates
Dennis Bode, Water Resources Manager, explained that each year the Water Board forwards to
City Council recommended rental rates for the City's surplus raw water.
Fort Collins Water Board Minutes Page 4
February 27, 2003
Due to the on -going severe drought situation, the City is not expected to have any surplus raw
water available for rental this year. However, the Utility uses its annual rental rates for the
purpose of charging for various contractual raw water obligations. In addition, it uses these rates
to assess charges to other City departments that use raw water. Because of this, it is necessary to
establish rental rates for most of the City's raw water supplies.
The proposed rental rates for 2003 for Colorado Big Thompson Project (CBT), Joe Wright
Reservoir and Reusable Effluent are based primarily on market rental rates. The rates for most of
the "southside" irrigation companies are based primarily on the assessment rates that have been
set by the companies to recover operational and maintenance expenses. Because of the need for
the City to use, either directly or by exchange, all of its North Poudre Irrigation Company shares
and its Water Supply and Storage Company shares this year, there is not a need to set rental rates
for these two sources.
Board member Bill Fisher made a motion to recommend the proposed rental rates to Council for
adoption.
Type of Water
NCWCD Water (CBT) — Ag
NCWCD Water (CBT) — M&I
Pleasant Valley & Lake Canal Co.
New Mercer Ditch Co.
Larimer County Canal No. 2
Arthur Irrigation Co.
Warren Lake Reservoir Co.
Joe Wright Reservoir Co.
Sherwood Reservoir Co.
Sherwood Irrigation Co.
Reusable Effluent
Proposed 2003 Rental Charge*
$ 400.00/ac-ft
$ 400.00/ac-ft
S 250.00/ac-ft
$ 250.00/ac-ft
$ 300.00/ac-ft
$ 35.00/ac-ft
$ 350.00/ac-ft
$ 750.00/ac-ft
$ 10.00/ac-ft
$ 450.00/ac-ft
$ 750.00/ac-ft
*Rates may be adjusted to reflect the remaining yield or the prevalent market price of the water
stock being rented.
The motion was seconded by Ted Borstad and passed unanimously.
Drought Response Plan
The Conservation and Public Education Committee reviewed the Drought Response Plan at
length and recommended that the Board accept the Plan as written. Mike Smith explained that
the goal is to have a plan in place by April. Staffs recommendation is to start at Response Level
2 and adjust as necessary as we proceed through the late spring and summer months. Response
Level 2 is somewhat similar to the present restrictions.
Board member David Lauer made a motion to accept the Draft Drought Response Plan, and
suggested that staff consider including a specific water rate structure with each level. Board
member John Bartholow seconded the motion and it passed with one member opposing
Fort Collins Water Board Minutes Page 5
February 27, 2003
Staff Reports: — Treated Water Production Summary
Dennis Bode said we received 90 percent of projected for January. Since November 1, 2002 we
have been running about 87 to 88 percent of average. This means we have seen about a 10 to 12
percent demand reduction since November 1.
Joe Wright Snowtel sight has received 3 inches of new water content in the last week. The Dead
Man's Site has shown another 1 %2 inches, but is suspect and may be lower when they do the
actual snow surveys at the end of the month.
Committee Reports
Board member Rami Naddy reported that the Fluoride Study Report shows the technical issues
of fluoride, but not the legal, ethical and economical issues. These are other aspects that may
need to be addressed.
The Board decided the March 27`h Water Board meeting would be an open forum for public
input to get the public's view on fluoridation and a chance for the Fluoride Study Group to give
their presentation to the Board. Each participant from the public would be given a set amount of
time to voice their case on fluoridation. Following the meeting, the Board could concede on
what recommendation they will give City Council before City Council's next work session May
27`h.
Adjournment
The meeting was adjourned at 5:22 p.m.
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DeEtta Carr, Water Board Liaison