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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