HomeMy WebLinkAboutWater Board - Minutes - 10/24/2007Fort Collins Utilities' Water Board Minutes
Thursday, October 24, 2007
Water Board Chairuerson
City Council Liaison
Doug Yadon, 484-3611
David Roy
Water Board Vice Chairperson
Staff Liaison
Gina Janett, 493-4677
DeEtta Carr, 221-6702
Roll Call
Board Present
Chairperson Doug Yadon, Vice Chairperson Gina Janett, Steve Balderson, John
Bartholow, Johannes Gessler, Phil Phelan, Dave Pillard and Reagan Waskom
Board Absent
Eileen Dornfest, Mike Connor and Gary Wockner
Staff
Dennis Bode, Terri Bryant, DeEtta Carr, Carrie Daggett, Kevin Gettig, Joyce Grenz, Jim
Hibbard, Marsha Hilmes-Robinson, Pat Hyland, Brian Janonis, Bob Smith and Susan
Smolnik
Guest
Brian Krombein of Jones Engineering Association, Inc.
Meeting Convened
Chairperson Doug Yadon called the meeting to order at 5:15 p.m.
Public Comment
No public comment
Auuroval of Minutes — September 27, 2007
Chairperson Doug Yadon asked for approval of the minutes for the September 27, 2007,
meeting. Approval of the minutes passed unanimously. An amendment was made to the
August 23, 2007, meeting. There was a question as to whether Mr. Waskom was in
attendance at the August meeting, and Mr. Waskom stated he was not in attendance at that
meeting.
Floodplain Variance for Advance Auto Parts
City of Fort Collins Floodplain Administrator Marsha Hilmes-Robinson presented a
request for a Floodplain Variance for Advance Auto Parts at 1023 N. College Avenue
which is the southwest corner of North College Avenue and Hemlock Street. (Lots 7, 8,
9, 10, 11, 12, Block 3 Riverside Park). This property is currently a vacant lot.
Water Board Meeting Minutes
October 24, 2007
Page 2
The site is in the FEMA Dry Creek Floodplain. However, the City recently completed
construction of the Dry Creek Flood Control Project. The application for a Physical Map
Revision (PMR) based on the as -built construction was submitted to FEMA in January
2007. The Dry Creek Flood Control Project significantly reduces the overall Dry Creek
Floodplain with the new mapping showing this to be completely out of the floodplain. The
new mapping has been technically reviewed and endorsed by FEMA and is currently in the
90-day appeal period which ended on October 22, 2007. If there were no appeals, it was
expected the letter of Final Determination would be issued by FEMA in December 2007,
thus allowing the City to use the new map for regulatory purposes at that time. The new
map is expected to be effective in June 2008. It is not until the map is effective that the
flood insurance requirement would change.
The variance allows construction of the lowest floor of the building to 12 inches above the
100-year water surface, rather than the otherwise required 18 inches. This variance allows
the applicant to maintain reasonable grades in the parking area without a step up to the
building floor. This property is in an area that has been completely removed from the Dry
Creek Floodplain as a result of the extensive stormwater improvements recently completed
by Fort Collins Utilities and is no longer exposed to a flood hazard up to the 100-year
event. The applicant is meeting the FEMA minimum standard and Fort Collins Utilities
staff recommends granting the variance.
Brian Krombein of Jones Engineering stated the reason they are applying for a variance
instead of raising the building floor level to the City of Fort Collins standard is that the site
is small and it was difficult to raise the driveway that much. If they were to raise the slope,
the applicant felt this would be too steep and did not feel comfortable with a driveway or
parking lot that steep. Mr. Krombein's client hopes to start construction before the FEMA
map is finalized.
Board Member Gina Janett motioned to approve the variance for Advance Auto Parts
because it has been shown that 1) the variance is the minimum necessary; 2) the granting
of the variance will not result in any increased flood heights, additional threat to public
safety or to public or private property, extraordinary public expense, any nuisance or
trespass, fraud on or victimization of the public, or conflict with existing local laws or
ordinances; and 3) there is good and sufficient cause for the variance to be granted. Board
Member Johannes Gessler seconded the motion. The motion to grant the variance was
unanimously approved.
Sale of Utility Property
Interim Utilities General Manager Brian Janonis stated this should be dropped from the
agenda as it is an Electric Board issue.
Larimer No. 2 Easement
Water Resource Engineer Susan Smolnik is seeking a recommendation from the Water
Board to support the granting of an easement to the Larimer County Canal No. 2 Irrigating
Company for the portion of the canal that crosses the Old Water Works property.
Water Board Meeting Minutes
October 24, 2007
Page 3
The City of Fort Collins owns a parcel of land known as the Old Water Works property
located at 2005 North Overland Trail Road. This facility was the original water works
system for the City and operated from 1883 to 1905. The property includes a ditch
(originally called the City Ditch) that carried water from the Poudre River to the water
works facility. This same ditch is also part of the Larimer County Canal No. 2, which
continues to carry water from the Poudre River to various shareholders in the Fort Collins
area. The City is a majority owner of the Larimer County Canal No. 2 Irrigating Company
and currently owns approximately 65 percent of the company stock. The canal carries
water to several City -owned parks and to the Collindale Golf Course.
In researching ownership of the ditch in connection with a grant from Colorado Historical
Society, it was determined there was an old 99-year lease that had provided for use of the
ditch by the Larimer No. 2 Company. Since it was entered into on April 13, 1906, it was
due to expire in April 2005. The City Council initially extended the lease in March 2005
for a one-year period to allow time to arrange for and get proper Council authorization for
a longer -term solution. An additional extension of two years was approved by Council on
April 4, 2006.
City staff requested the Water Board recommend to City Council the granting of an
easement to the Larimer County Canal No. 2 Irrigating Company across the City's Old
Water Works property. Having the easement in place would simplify the issue of a lease
and ensure the City can use the canal for its purposes in case the property is ever sold.
Board Member Reagan Waskom motioned to recommend to the Council the granting of
this easement. Board Member John Bartholow seconded the motion. Board Member Gina
Janett requested some language in the recommendation to be able to cross the canal. An
amendment to the motion was 1) for the City to retain access rights across the canal to land
west of the Old Water Works; and 2) that the historic integrity of the existing drop
structure in the canal adjacent to the Old Water Works be maintained. With the addition of
this language, the motion passed unanimously.
Finalize 2008 Work Plan
Recommendations for items to include in the 2008 Work Plan from the various Water
Board Committees and membership were presented and reviewed. Based on thorough
discussion and appropriate additions and revisions to the recommendations, a final 2008
Work Plan was unanimously adopted. A unique element of the 2008 Work Plan may be
the establishing of a Special Committee to study all relevant aspects of Poudre River
flows through the City, including but not necessarily limited to environmental and
recreational flows; legal aspects of instream flows; existing and potential future diversions;
water quality; river corridor aesthetics; etc. The specific composition, scope, schedule and
meeting procedures will be updated in the future. The Water Board will be kept updated
on this new effort and especially of any potential policy recommendations that may arise in
the course of the committee's work. Any outgoing or initial input, questions or ideas will
be welcome. There was a motion made and passed to add an Adhoc Committee to the
Water Board. The recommended 2008 Work Plan was voted on and passed unanimously.
Water Board Meeting Minutes
October 24, 2007
Page 4
Committee Reports
Water Supply — Reagan Waskom — Chair Reagan Waskom provided a handout from the
Water Supply Committee.
The rest of the committee reports were dispensed with because of the extensive discussion
on the work plan.
Staff Reports
Water Board Members have all reports in their packets for their review.
Utilities Interim General Manager Brian Janonis related the City Council would like two
work sessions on NISP impact on the City that will be held on December 11, 2007, and
February 12, 2008. A study has been taken on public opinion of flows through town.
Board Member Waskom has information on this study.
Other Business
December 11 and 12, 2007, will be interviews for the Executive Director of Utilities.
Adjournment
The Water Board meeting adjourned at 7:35 p.m.
ILA
Joyc re z, Water Board cretary