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HomeMy WebLinkAboutWater Board - Minutes - 01/17/2013Water Board Minutes January 17, 2013 1 Fort Collins Utilities Water Board Minutes Thursday, January 17, 2013 Water Board Chairperson City Council Liaison Vacant Wade Troxell, 219-8940 Water Board Vice Chairperson Staff Liaison Steve Malers, 484-1954 Jon Haukaas, 221-6671 Roll Call Board Present Vice Chairperson Steve Malers, Board Members Brian Brown, Becky Goldbach, Brett Bovee, Eric Garner, Liesel Hans, Lori Brunswig, Andrew McKinley, Heidi Huber-Stearns, Duncan Eccleston, and Phil Phelan Staff Present Jon Haukaas, Marsha Hilmes-Robinson, Kevin Gertig, Laurie D’Audney, Helen Matson, Donnie Dustin, Ken Sampley, Carrie Daggett, Lisa Rosintoski, Brian Janonis, and Harriet Davis Guests Jim Lynxwiler, Ron Gonzales, Bob Heer, Mike Pruznick, Aaron Schlagel, Aaron Hansen, Angela Milewski, Wayne Timura, Pranaya Sathe, and Marlene Smith Meeting Convened Vice Chairperson Malers called the meeting to order at 5:37 p.m. Public Comment Mike Pruznick, a citizen of Fort Collins, introduced himself to the board and offered some suggestions he feels would help the board meet the duties outlined in their charter:  Liaison with other boards such as the Energy Board and the Air Quality Advisory Board  Study the concept of urban self-sufficiency (for example, utilizing raw water, rain barrels, and gray water). He feels there are advantages in making these a part of the building code.  Look at increasing the setbacks on the Poudre River. Mr. Pruznick would like the board to consider these items when they create their work plans. Introduction of New Board Members Vice Chairperson Malers introduced the new members, Heidi Huber-Stearns and Andrew McKinley. Woodward Floodplain Variance (Link-N-Greens Golf Course, 777 East Lincoln Avenue) (Attachments available upon request). This item was recorded by a court reporter (transcript available upon request). The following staff members spoke: Marsha Hilmes-Robinson, Carrie Daggett, and Jon Haukaas Water Board Minutes January 17, 2013 2 The following board members spoke: Brian Brown, Eric Garner, Duncan Eccleston, Steve Malers, and Brett Bovee The following individuals spoke on behalf of the applicant: Angela Milewski, Aaron Hansen, and Wayne Timura Discussion on the motion: There was no discussion on the motion. Vote on the motion: It passed unanimously. Approval of Two Non-Exclusive Drainage Easements with Associated Temporary Construction Easements and a Temporary Construction Easement for River Restoration Work on City-Owned Property Adjacent to the Poudre River * * Please note this title has changed since the agenda was posted on January 11, 2013. (Attachments available upon request). Vice Chairperson Malers introduced the item and introduced Real Estate Services Manager Helen Matson. The original request was for one permanent drainage easement and a temporary Board Member Brown moved approval of the floodplain variance for Woodward at 777 E. Lincoln Avenue, requesting to allow construction of hazardous material critical facilities in the flood fringe of the Poudre River, with the following conditions: 1. A FEMA CLOMR and LOMR will be obtained for the property. a. The CLOMR must be approved by the City and FEMA prior to any construction in the floodway. b. The LOMR must be approved by the City of Fort Collins and submitted to FEMA prior to the issuance of the Certificate of Occupancy for any building designated as a critical facility. 2. The proposed project hydraulic modeling will show 100-year water-surface elevations at or below the pre-project regulatory conditions such that there is no adverse impact on any insurable structures, including but not limited to, the City’s Mulberry Wastewater Treatment Plant and any structures upstream along Lincoln Avenue. 3. The lowest floor and all HVAC, electrical and mechanical shall be elevated to the existing 500-year flood elevation or two feet above the existing 100-year flood elevation, whichever is higher. 4. A FEMA elevation certificate is required to be submitted and approved prior to issuance of the Certificate of Occupancy for each structure built in the 100-year floodplain. I make this motion based on the record showing that 1) the variance is the minimum necessary, considering the flood hazard, to afford relief; 2) that there is good and sufficient cause for the variance to be granted; and 3) that the 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. Board Member Garner seconded the motion. Water Board Minutes January 17, 2013 3 construction easement. Additionally, Woodward will require a permanent drainage easement for an outflow channel from the water quality pond to the Poudre River. Ms. Matson presented the easement location map and details for a permanent drainage easement for stormwater flows, a permanent drainage easement for the outfall channel from the water quality pond, and a temporary construction easement in four locations. She identified the parcels that Utilities has ownership in. The exact locations and dimensions of the permanent easements will be determined with the final site design. Angela Milewski, Principal Landscape Architect with BHA Design, Inc., presented more details about the need for the easements as they relate to stormwater and water quality. Vice Chairperson Malers explained the concept of easements to the new board members. An easement is a request for permission to disturb City property or construct a permanent structure on City property. Ms. Matson stated that river restoration is a part of the Woodward project. The value to the City of the enhanced river bank exceeds the land value for the easements. Staff recommends no charge for these easements. Highlights from the discussion:  A board member asked about maintenance of the area. Ms. Milewski stated this is still being discussed. BHA Design, Inc. is working with Natural Areas on the development. The areas are designed to be natural systems with low maintenance landscaping.  A board member asked if the easement can be granted on the condition that Natural Areas approves the plans. Ms. Matson stated the item will be presented to the Land Conservation and Stewardship Board in February for their recommendation. Deputy City Attorney Carrie Daggett stated Council has to approve the easement by ordinance.  A board member asked for a definition of “non-exclusive.” Ms. Matson stated this means it can be used by others, not only Woodward. Discussion on the motion: There was no discussion on the motion. Vote on the motion: It passed unanimously. Introduction of Guest Vice Chairperson Malers introduced Pranaya Sathe, intern for State Representative Joann Ginal, House District 52. Ms. Sathe stated that Ms. Ginal would like to assist the Water Board in more effective ways at the state level. Approval of December 20, 2012 Minutes Board Member Goldbach moved to approve the minutes of the December 20, 2012 meeting. Board Member Hans seconded the motion. Vote on the motion: It passed unanimously. Board Member Brown moved that the Water Board recommend that the City Council consider approval of Two Non-Exclusive Drainage Easements with Associated Temporary Construction Easements and a Temporary Construction Easement for River Restoration to Woodward, Inc. Board Member Garner seconded the motion. Water Board Minutes January 17, 2013 4 * Board Members McKinley and Huber-Stearns abstained from the vote. Work Session Review Vice Chairperson Malers gave on an update on the January Work Session. The board discussed the charter and meeting conduct, reviewed the easement and variance process, and discussed the draft 2012 Annual Report. Staff Reports Monthly Water Resources Report Water Resources Manager Donnie Dustin provided this report for the agenda packet. He also gave a presentation on the 2013 Water Supply Management Plan. 2012 Summary  Fire impacts impaired Poudre River (no river water for approximately 3 months)  100 percent Colorado Big Thompson (CBT) Quota  Prior conservation efforts helped 2013 Conditions  New water year started November 1  Uncertain amount of Poudre River supplies  CBT supplies unclear until early April  Not likely to get a high quota Mr. Dustin provided a chart showing the U.S. Drought Monitor, Seasonal Drought Outlook, and 2013 Water Supply Outlook. Water Supply Shortage Response Plan  Levels 1, 2, and 3  Staff is recommending Level 1 restrictions starting April 1, 2013. Staff feels this prepares the community and allows for proper outreach. Potential CBT Increases  North Poudre Irrigation Company (no CBT rentals)  Reuse Plan (could provide up to 3,000 acre feet)  Horsetooth Carriage Contract (could provide up to 5,600 acre feet) Water Restrictions Plan  This information will be presented to City Council on February 5, 2013.  Staff will consider restriction level changes in early May after the CBT quota is declared April 12, 2013.  Staff is developing an outreach plan that spans several City departments including Utilities, Parks, and the City Attorney’s Office. Mr. Haukaas stated staff will bring the Water Supply Shortage Response Plan to the Water Board in February for their recommendation. This item will be presented to City Council on March 5, 2013 for first reading and on March 19, 2013 for second reading. High1ihts from the discussion: • A board member questioned if the Drought Response Plan has been utilized. Mr. Dustin stated the plan was approved and used in 2003. There were no rate adjustments at that time because Council was in the process of reviewing tiered rates. • A board member suggested that staff should be prepared for questions from citizens regarding why there were no restrictions in 2012. • A board member asked for an explanation on the Reuse Plan. Mr. Dustin stated this is an agreement between the City of Fort Collins. Platte River Power Authority (PRPA). and the Water Supply Storage Company where effluent ate!’ is sent to PRPA for the Rawhide Treatment Plant in exchange for Windy Gap water. • A board member asked about the potential for taking water from the Poudre River. Mr. Dustin stated this depends on the Spring runoff Water Resources and Treatment Operations Manager Kevin Gertig stated this is hard to predict because of the different scenarios related to the fire. Approve 2012 Annual Report (Attachment available upon request). The draft report was c-mailed to the board members for review prior to the meeting. Board Member Phelan moved to approve the 2012 Annual Report. Board Member Garner seconded the motion. Vote on the motion: It passed unanimously. Board Members McKinley and Huber-Stearns abstained from the vote. Other Business Vice Chairperson Malers expressed interest in becoming the Chairperson. Board Members Garner and Boyce both expressed interest in running for the Vice Chair position. The board elections are scheduled for the February agenda. Future Agenda Items The board discussed the February Work Session Agenda. The following topics are on the draft agenda: • Rigden Gravel Pit Update • Water Treatment Regionalization • Discussing the elimination of paper packets for board members Adjournment The meeting was adjourned at 7:40 p.m. Submitted by Harriet Davis. Administrative Assistant. Fort Collins Utilities Approved by the Board on 2013 Signed: \ L 3 Board Secretary Date Water Board Minutes 5 January 17, 2013