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HomeMy WebLinkAboutWater Board - Minutes - 02/16/20171 Water Board Minutes February 16, 2017 Fort Collins Utilities Water Board Minutes Thursday, February 16, 2017 Water Board Chairperson City Council Liaison Rebecca Hill, 970-402-1713 Wade Troxell, 970-219-8940 Water Board Vice Chairperson Staff Liaison Brett Bovee, 970-889-0469 Carol Webb, 970-221-6231 ROLL CALL Board Present: Chairperson Rebecca Hill, Vice Chairperson Brett Bovee and Board Members Steve Malers, Lori Brunswig, Michael Brown, Kent Bruxvoort, John Primsky, Andrew McKinley, Jim Kuiken, and Phyllis Ortman. Board Absent: Jason Tarry OTHERS PRESENT Staff: Carol Webb, Katherine Martinez, Meagan Smith, Susan Smolnik, Eric Potyondy, Donnie Dustin, Adam Jokerst, Liesel Hans. Members of the Public: Greg Steed Meeting Convened Chairperson Hill called the meeting to order at 5:30 p.m. Public Comment None Review Board Charter and Meeting Conduct, Review Easement and Variance Process Assistant City Attorney Eric Potyondy summarized the City laws governing Water Board and its actions. City of Fort Collins is a home-rule municipality. The City charter is like the constitution of the City. Any amendments required a vote of residents. Changes to City Code require a vote of City Council. All of Water Board’s powers are listed in City Code; water-related matters usually come to Water Board before City Council so that the board can advise Council on recommended action. He also reviewed the board charter, meeting conduct, and the easement and variance process (quasi-judicial role). Discussion Highlights Board members inquired about various related topics, including how legislation fits into City Code, Roberts Rules of Order, conflict-of-interest, the difference between a board and a commission, and how far in advance board members receive meeting materials. Staff emphasized the importance of receiving board feedback on presentations that they will present to City Council. 2 Water Board Minutes February 16, 2017 Staff Reports Legislative Update (Attachments available upon request) Policy and Project Manager Ginny Sawyer summarized the City’s legislative efforts, provided information on 2017 legislative priorities, reviewed the Legislative Tracker document on the City’s website, and explained the Legislative Review Committee made up of three City Councilmembers. Discussion Highlights Board members commented on the desire to have a Legislative Update once per year at this time and inquired about current legislation, and a desire to see resolution to issues regarding Colorado Open Records Act. Staff summarized and commented on current legislation including HB-1008 Graywater Regulation Exemption for Scientific Research, HB-1076 Artificial Recharge Nontributary Aquifer Rules, and SB-104 Limits on Underground Storage Tank Regulation. Water Resources Monthly Report (Attachments available upon request) Water Resources Manager Donnie Dustin summarized the monthly report: below average temperature for January; 227% of average precipitation for the month; high stream flows of about 100 cfs (cubic feet per second). Flows continue to be good due to snow melt at low elevations; Colorado-Big Thompson (C-BT) Project reservoirs are 74% full (123% of average based on 19 years of data); snowpack is at 130% to 140%. The weather outlook shows El Niño conditions and a bit warmer. Staff has no plans to impose water restrictions. Discussion Highlights Board members inquired about the Michigan Ditch Tunnel Project status. Staff will invite Water Production Division Manager Mark Kempton to give an update on the project, and will also inquire about Northern Water’s tours of the Colorado-Big Thompson Project. Halligan Water Supply Project Quarterly Update (Attachments available upon request) Water Resources Project Engineer Adam Jokerst gave a status update on the Halligan Project, which proposes to enlarge Halligan Reservoir from 6,400 acre-feet (af) to 14,500 af, providing Utilities with about 8,100 a-f of additional storage capacity. Significant progress continues to be made on the project’s draft Environmental Impact Statement (EIS). Twenty of 26 technical reports have been completed; staff expects to receive two more by the end of first quarter, and the last one, which is a water quality technical report. The City owns the reservoir. City Council approved the recreation release, presented at last month’s Water Board meeting, on first reading. Staff is ramping up outreach efforts to explain why the City is involved in the project, the need for it, and to engage members of the public and encourage them to read the draft EIS and comment on it. Staff is working on a new website and will revise the quarterly report format. The draft EIS is expected to be released in late 2017. Total project costs increased $300,000 in the last quarter due to rising construction costs. 3 Water Board Minutes February 16, 2017 Discussion Highlights Board members inquired about various related topics including the draft EIS, the length of the project, drainage in the reservoir, and public comments at the City’s open house on Northern Integrated Supply Project (NISP) earlier this week (to be available at www.fcgov.com before the City Council meeting on Tuesday). Graywater Update (Attachments available upon request) Water Conservation Manager Liesel Hans summarized the staff memo to Water Board, which discusses Colorado legislation and rule-making activities impacting residential and commercial re-use of graywater (wastewater from indoor activities such as laundry facilities). Graywater standards were recently approved by the Colorado State Legislature, but require a local entity, like the City, to craft and adopt its own ordinance before it is legal within the City’s jurisdiction. The City standards must be as stringent as the state standards. The Water Conservation team plans to complete a comprehensive review of resources needed for a City graywater ordinance; staff expects to issue a recommendation at the end of the year. Discussion Highlights Board members inquired about various related topics including rain barrels (now legal in the State of Colorado). 2017 Raw Water Rental Rates and Delivery Charges (Attachments available upon request) The City is a shareholder in several local irrigation companies and also holds allotment contracts for delivery of Colorado Big-Thompson Project (CBT) water. Once treated and raw water demands have been met – to Utilities ratepayers, Home Owners Associations (HOAs), Poudre School District, and several City departments – in most years surplus water exists that can be rented to other water users. Water Resources Engineer Meagan Smith summarized the rates and charges staff is proposing for 2017. The rates and charges are used to invoice agricultural, contractual, and other raw water users. The item is scheduled for two readings before City Council in March. Discussion Highlights Board members commented and inquired about various related topics, including the formulas used to determine proposed rental rates and delivery charges, raw water customers’ reaction to the Rule 11 Transfer Fee (formula used to calculate the fee the City pays for all CBT water transferred out of the North Poudre Irrigation Company system), and the amount of total demand last year (26,000 af). 4 Water Board Minutes February 16, 2017 Board Member Steve Malers moved that Water Board recommend City Council adopt the proposed formulas and fixed rates for the 2017 raw water rental rates and delivery charges as proposed by Utilities staff. Board Member Michael Brown seconded the motion Vote on the motion: It passed unanimously 10-0. Approval of January 19, 2017 Board Meeting Minutes Board members discussed minor revisions. Board Member Kent Bruxvoort moved to approve the January 19, 2017 meeting minutes as amended. Board Member Michael Brown seconded the motion. Vote on the motion: It passed unanimously 7-0 with 3 abstentions.* *Board Members Andrew McKinley, Jim Kuiken, and Phyllis Ortman abstained due to their absences at the January meeting. Officer Elections Chairperson Hill and Vice Chairperson Bovee summarized the duties and responsibilities of the chairperson and vice chairperson. Chairperson: Rebecca Hill nominated Brett Bovee. Vote: 10-0. Vice Chairperson: Steve Malers nominated Kent Bruxvoort. Vote: 10-0. Other Business  Chairperson Brett Bovee mentioned the recent headlines about Oroville Dam and reported that all dams in the Fort Collins area were inspected recently and found to be sound.  Northern Integrated Supply Project (NISP) is going to City Council on Tuesday; Chairperson Bovee encouraged board members to attend and comment.  Chairperson Bovee encouraged board members to review the Water Board’s 2017 Agenda Planning Calendar and provide staff with comments on agenda items they would like to see.  A board member inquired about the floodplain risk map presented at a recent board meeting. Ms. Webb will schedule staff to give an update.  Josh Ames water rights. Ms. Webb reported that the City has reached a tentative agreement with two of the Josh Ames certificate holders: a three acre-foot (af) value will be stamped on certificates that owners bring in, up to one year. Staff will also propose a code change to narrowly interpret the agreement. Staff will present the item to City Council soon; the City Manager is scheduled to enter into the agreement on March 7.  The vulnerability study has been delayed to allow time to engage regional partners, which would provide a huge regional benefit.