Loading...
HomeMy WebLinkAboutWater Board - Minutes - 01/19/20171 Water Board Minutes January 19, 2017 Fort Collins Utilities Water Board Minutes Thursday, January 19, 2016 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, and Jason Tarry. Board Absent: Board Members Andrew McKinley, Jim Kuiken, and Phyllis Ortman. OTHERS PRESENT Staff: Carol Webb, Katherine Martinez, Adam Jokerst, John Stokes, Jen Shanahan, Kevin Gertig, and Donnie Dustin. Members of the Public: Gary Wockner, Gina Jannett, and Mark Easter/Save The Poudre; Alan Braslau/Energy Board, Donna Braginetz, Mike Pruznick, Phil Phelan, Doug Swartz, Bill and Cindy Henk, Cordelia Stone, Laura Girard, and Tim Johnson. Meeting Convened Chairperson Hill called the meeting to order at 5:31 p.m. Public Comment  Mike Pruznick spoke on agenda item #8 “Proposed New Tactical Approach to the Northern Integrated Water Supply Project” (NISP), provided an information sheet to board members, and urged Water Board to vote no on the staff proposal.  Gary Wockner, director of Save The Poudre and former Water Board member, spoke on agenda item #8 and urged the board to vote no on the staff proposal. He notified staff he would videotape the agenda item presentation and discussion.  Doug Swartz, former Utilities employee who has lived in Fort Collins 35 years, spoke on agenda item #8 and urged Water Board to vote no on the staff proposal.  Gina Jannett of Save The Poudre and former Water Board member, spoke on agenda item #8 and urged the board to vote no on the staff proposal.  Cordelia Stone spoke on agenda item #8 and urged the board to vote no on the staff proposal.  Tim Johnson, a Fort Collins resident who has worked on Poudre River issues since the 1980s, spoke on agenda item #8 and urged the board to vote no on the staff proposal.  Phil Phelan, former Water Board member, spoke on agenda item #8 and urged the board to vote no on the staff proposal. 2 Water Board Minutes January 19, 2017  Donna Braginetz, who lives in Bellvue less than a mile from the river corridor, read a prepared statement regarding agenda item #8 and urged the board to vote no on the staff proposal.  Mark Easter, chairperson of Save The Poudre who has lived in Fort Collins for 23 years and whose family has been here four generations, spoke on agenda item #8 and urged the board to vote no on the staff proposal. Approval of December 15, 2016 Board Meeting Minutes Board Member Steve Malers moved to approve the December 15 meeting minutes. Board Member Kent Bruxvoort seconded the motion. Vote on the motion: It passed unanimously, 6-0 with 2 abstentions.* *Chairperson Rebecca Hill and Board Member Jason Tarry abstained due to their absence at the December meeting. Staff Reports  Water Resources Monthly Report (report included in meeting packet only)  Michigan Ditch Update. Staff reported that the Michigan Ditch Tunnel Project has been completed and the system is operational. Introduction of New Board Member Chairperson Rebecca Hill asked new Board Member John Primsky to introduce himself; board and staff introduced themselves. Mr. Primsky stated he’s a certified public account, business owner, and consultant; has dealt with U.S. Environmental Protection Agency (EPA) issues. 2016 Annual Report Review (Attachments available upon request) Chairperson Rebecca Hill and Vice Chairperson Brett Bovee asked for comments on the Water Board 2016 Annual Report draft. Discussion Highlights Board members commented on the annual report format. Vice Chairperson Brent Bovee moved that Water Board approve the annual report as written. Board Member Jason Tarry seconded the motion. Vote on the Motion: it passed unanimously, 8-0. Lease Agreement between the City of Fort Collins and The Landowners Association for Phantom Canyon Ranches for Halligan Reservoir and Adjacent Property (Attachments available upon request) Water Resources Engineer Adam Jokerst, who is project manager for Halligan Reservoir, summarized the issue and showed maps of the property. The City owns the Halligan Property, which is various lands under and around Halligan Reservoir. Historically, recreational rights for the Halligan Property were leased by North Poudre Irrigation Company (NPIC)(the City’s predecessor-in-interest) to the Landowners Association for Phantom Canyon Ranches, a 3 Water Board Minutes January 19, 2017 Colorado nonprofit corporation. In 1993 the City purchased an option to buy the Halligan Property from NPIC, which the City executed in 2004. The option agreement preserved a prior 1988 lease agreement between NPIC and the association. The 1988 lease has since expired. In June 2016 the City issued the association a one year, non-exclusive revocable permit for recreational use of the Halligan Property; the lease contains three 10-year periods with two termination clauses. However, the association desires a lease arrangement providing exclusive rights and a longer term than the revocable permit. The lease agreement would maintain historic leasing practices and will benefit the City in various ways, such as gaining certain rights to access to the reservoir using the association’s Meadow Creek Road for certain purposes, assisting in the monitoring and maintenance of the Halligan Property, facilitating the ongoing federal permitting process for the enlargement of Halligan Reservoir, and generating a revenue stream of $10,000 per year (with future adjustments for inflation). Discussion Highlights Board members commented and inquired about various related topics, such as access rights, other options, other possible lessees, details in the agreement regarding grazing, the lease rate, the lease duration, landowners’ opinions of the Halligan expansion, terms of the agreement with NPIC, citizens’ requests for recreation access, and other reservoirs the City leases. Water Resources and Treatment Operations Manager Carol Webb asked Mr. Jokerst to expand on the relationship between the landowners and the City. Mr. Jokerst stated the City sees the landowners as good stewards of the land, and that the relationship is symbiotic. During dam construction, the reservoir will be drawn down, which will affect the landowners’ recreation; they have agreed to this. Ms. Webb stated all the issues board members have mentioned were considered and discussed among staff. Board Member Michael Brown moved that Water Board recommends City Council’s adoption of an ordinance authorizing the City Manager to enter into a lease agreement that is substantially similar to the attached Lease Agreement with the Landowners Association for Phantom Canyon Ranches for recreational use of Halligan Reservoir and certain surrounding lands. Vice Chairperson Brett Bovee seconded the motion Vote on the motion: It passed unanimously 8-0. Proposed New Tactical Approach to the Northern Integrated Water Supply Project (NISP) (Attachments available upon request) Natural Areas Department Director John Stokes summarized NISP and the history of the City’s engagement in the project. Northern Water is the project sponsor on behalf of 15 communities in Northern Colorado. Mr. Stokes stated he’s been working on the issue for 10 years. NISP has been in the federal permitting process for 12 years, and the City has participated in the process as a stakeholder. Mr. Stokes stated the proposal is a tactical change, not a policy change. The rationale is that negotiating would increase the likelihood of desired outcomes. 4 Water Board Minutes January 19, 2017 Discussion Highlights Board members inquired and commented on related topics such as whether the City waives its right to comment on the EIS, the issue of transparency; request for clarification of section (d) on page 3 of the attached memo, of staff recommended focus areas; a board member stated a refusal to accept that NISP will be built and hoped that Water Board would vote to oppose the staff proposal. Mr. Stokes stated it is staff’s belief that NISP will be permitted despite Save The Poudre belief that litigation would be successful in terminating the project. Mr. Jokerst stated that alternatives to NISP take a lot of water from the river. A board member commented that if the City’s intelligent and highly-informed staff believes negotiation is the best tactic, they should be empowered to talk with Northern Water; the board member recommended staff outline transparency steps so that citizens can be informed and attend City Council meetings to comment. Another board member stated City staff should be allowed to do their jobs, explore every option, ask hard questions, and get answers to their questions to develop the strongest position possible. Two other board members agreed. Board Member Kent Bruxvoort moved that Water Board recommend to City Council adoption of a process whereby City staff would meet with Northern Water to discuss the City’s key goals and issues related to NISP and especially to reduction of adverse impacts to the City while regularly reporting in the public process to City Council. If mutual interests can potentially be met, City staff would be authorized to negotiate draft agreements that would be presented to Council for its formal approval. Board Member Brett Bovee suggested a friendly amendment: “while regularly reporting to the public and to City Council, in a transparent public engagement process decided before negotiations begin.” Board Member Bruxvoort accepted the friendly amendment. Board Member Jason Tarry seconded the motion. Discussion of the Motion A board member agreed; board members discussed transparency and the public process. A board member inquired of Utilities Executive Director Kevin Gertig whether he believes NISP is inevitable. Mr. Gertig emphasized his confidence in staff. Ms. Webb stated there have been five public discussions on NISP since Council gave its direction to staff in June 2016 and this staff proposal is an opportunity for the board and public to weigh in; staff will present this proposal to City Council on February 7. Vote on the motion: it passed 7-1, with Board Member Lori Brunswig opposed. Reason for Nay Vote: Board Member Brunswig stated she’s opposed because negotiations assume NISP will be built, and the City has spent a lot of money and many hours to communicate its position and state what it believes needs to be mitigated; she believes this is enough.