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HomeMy WebLinkAboutWater Board - Minutes - 12/20/2018WATER BOARD REGULAR MEETING December 20, 2018, 5:30-7:30 p.m. 222 Laporte Avenue, Colorado River Community Room 12/20/2018 – MINUTES Page 1 1. CALL TO ORDER 5:31 p.m. 2. BOARD MEMBER RECOGNITION a. Chairperson Brett Bovee recognized the service of retiring Board Members Rebecca Hill and Lori Brunswig since January of 2011. They were each presented with a gift of an engraved water carafe. b. Chairperson Bovee noted that two new members would join the Water Board in January. 3. ROLL CALL • Board Members Present: Brett Bovee, Kent Bruxvoort, Rebecca Hill, Lori Brunswig, Phyllis Ortman, Steve Malers, John Primsky, Michael Brown, Jason Tarry, Jim Kuiken, Andrew McKinley • Board Members Absent – Excused: None • Staff Members Present: Carol Webb, Marisa Olivas, Theresa Connor, Suzanne Bassinger, Susan Strong, Jason Graham, Daylan Figgs, Liesel Hans, Abbye Neel, Kevin Gertig • Members of the Public: Brian Kelley, Anthony Shibata, Tara Tate, Jon Vanghan, Gino Campana 4. AGENDA REVIEW • To address public comments, Chairperson Bovee moved Excess Water Use Fee Waiver Program to be the first agenda item. 5. CITIZEN PARTICIPATION • Former Councilmember Gino Campana commented that Excess Water Use fees (EWU) are not a good management of water. He noted that the purpose originally was to fairly charge for water being used, including true cost of water storage, but by the time home-owners associations (HOA) members receive an invoice it is often too late to do anything about the drastic change in fees. Mr. Campana shared that some bills contained up to $45,000 in overage expenses. Mr. Campana is in full support of fee classifications that are unique to HOAs, and/or delaying the yearly charges for HOAs if a neighborhood is willing to meet requirements for reductions in consumption. WATER BOARD REGULAR MEETING 12/20/2018 – MINUTES Page 2 • Mr. Anthony Shibata from Rigden Farm HOA Board and Rigden Farm Master Association Board shared an update on how the EWU fee and allotment issues have been addressed. When they were notified in June and July 2017 about the new rates and overages and how they were to be applied to existing allotments, they failed to take a hard look into it. There was a panic once they realized the impact of the Rigden Farm overages (estimated $160,000 in overages alone). After asking Council for a delay to conduct a formal assessment of water usage, an aggressive water conservation approach was taken for the summer months. With Rigden Farm covering 16 acres, its water consumption dropped from 7.5 million gallons (2017) to 5.3 million gallons (2018). Yet with almost a third in reduction of usage, they’re still facing large excess fees of approximately $13,600. Mr. Shibata stated they are ultimately supportive of the goals to reduce consumption, but they want to maintain Rigden Farm grounds and not pay thousands of dollars in overage fees. Mr. Shibata believes most of the problem lies in the incorrect tap sizes and would like to see an allowance to resolve the tap size. • Brian Kelley, also with Rigden Farms, spoke to the inaccurate tap sizes. Mr. Kelley purposed a shift from a one-time deal and instead, once a development is built, water use would be tracked based on tap size, and a year or two later customers would be able to change tap sizes accordingly. 6. UNFINISHED BUSINESS • None 7. NEW BUSINESS • Approval of the Meeting Minutes o Board Member Ortman noted that the date needed to be corrected. o Board Member Malers moved to approve the November 15, 2018 Regular Water Board Meeting Minutes. o Board Member Ortman seconded the motion. o Vote on the motion: It passed unanimously, 7-0, with 4 abstentions Chairperson Bovee, Vice Chairperson Bruxvoort, and Board Members Hill and Brown abstained from voting due to their absences at the November meeting. • Staff Reports (Attachments available upon request) o Water Resources Monthly Report (meeting packet only) o Financial Monthly Report (meeting packet only)  Formatting errors were noted. Staff Liaison Carol Webb confirmed she would work with staff to fix the issues. WATER BOARD REGULAR MEETING 12/20/2018 – MINUTES Page 3 • Regular Items o Excess Water Use (EWU) Fee Waiver Program (Attachments available upon request) Presentation Summary: Water Conservation Manager Liesel Hans and Water Conservation Specialist Abbye Neel summarized the proposed ordinance, which gives the Utilities Executive Director the ability to allow a waiver on EWU fees for eligible customers, given that they comply with specific program requirements and accomplish milestones to reduce their use. With the change to the Water Supply Requirements, the EWU fee increased, and staff conducted significant outreach. The 2018 changes to the EWU fee went from $3.06 per 1,000 gallons to $8.14 per 1,000 gallons. Some reasons why customers are exceeding their use are inefficient use of water, change in use type (e.g. gas station converted to a restaurant), or inadequate funds turned in at the time of development resulting in an allotment that is “undersized” for the use type. One option (purposed ordinance) would allow eligible customers to apply with a plan for long-term, permanent water reduction. Staff would determine if the project qualifies and what the appropriate length/amount of exemption would be. Customers who do not complete the project would be billed for an applicable EWU fee for the time that had passed. The benefit is that it would lessen the financial burdens for customers and it could improve drought preparedness. The risk is there would be revenue loss with the exemption, and customer concerns regarding eligibility.  Discussion Summary: Board members inquired and commented on various related topics including how the EWU fee was calculated (it is based on cash in lieu rate to increase allotment size from $6,500/acre foot to $17,300/acre), the importance of keeping things equitable, the suggestion of granting all customers eligibility for the exemption, providing customers timely information on EWU fees, whether tap size can be changed to the correct size (can be changed at any time if paid for), and the proposal of project-based fee waivers on a case-by-case basis or a pay-back plan for those who wish to increase tap size/allotment. WATER BOARD REGULAR MEETING 12/20/2018 – MINUTES Page 4 o Municipal Separate Storm Sewer System (MS4) Annual Update (Attachments available upon request)  Presentation Summary: Senior Environmental Regulatory Specialist Susan Strong shared that she will have a comprehensive Program Description Document (PDD) completed in early January. The PDD serves as a road map for all MS4 permit-required program documentation and will be available to the public for review and comment. When given the new permit in 2016 there was a five-year time frame to comply with new permit requirements, recordkeeping and documentation practices. The PDD is meant to be a living document that is always updated and available to the public. The public can send comments to MS4permit@fcgov.com. In addition to meeting the requirements, staff is pursuing opportunities to become a partner to internal and external customers.  Discussion Summary: Board members commented on various related topics including in-stream monitoring technology, the spill- response tracking tool, and the state’s forthcoming E.coli Total Maximum Daily Load (TMDL). o Park Planning & Development Lease Agreement for Rental of Irrigation Shares to Agricultural User (Attachments available upon request)  Presentation Summary: Park Planning & Development Civil Engineer III Suzanne Bassinger summarized the agreement, which would lease back two-and-one-quarter shares of the Water Supply and Storage Company (WSSC) shares to the seller as early in the year as possible to allow the leasee to develop water use projections and planting plans for his agricultural land for the 2019 growing season. Ms. Bassinger shared a map of the Park Master Plan showing the inset of future parks planned for North of Mountain Vista. These four parks (three future parks and one existing park) comprise 100 acres that Parks prefers to irrigate with non-potable water. The development and construction of these parks will not take place for five to 15 years. WATER BOARD REGULAR MEETING 12/20/2018 – MINUTES Page 5 In 2018 Parks acquired the two and one-half shares of WSSC, and currently doesn’t have a need for them. They are proposing to lease two-and-a-quarter shares back to the seller at the annual rate of $4,100 per share. This rate is based on the WSSC 2019 annual assessment of $3,100, plus $1,000 per share. They would enter into a three-year lease agreement and request full payment at time of lease signing.  Discussion Summary: Board members inquired and commented on various related topics including if this type of lease would cause a problem for normal rentals (this water is Parks’ water and not Utilities’ water), and why this issue would be something the Water Board has to weigh in on (City Council appreciates the Water Board’s thoughts on anything water-related). Chairperson Bovee moved that the Water Board support a proposed resolution to Council for Park Planning & Development to enter into a lease with Cliff Simpson for an initial term of 3-years for 2.25 shares of Water Supply & Storage; such shares to be used for agricultural irrigation purposes only. The lease rate for the initial 3-year term shall be $27,675. Park Planning & Development has the option to grant 1- year lease extensions for up to 10-years. Board Member Hill seconded the motion. Vote on the motion: It passed unanimously, 11-0. o Roundhouse Renewable Energy Project – Transmission Line Easement Request on Meadow Springs Ranch (Attachments available upon request)  Presentation Summary: Water Reclamation and Biosolids Manager Jason Graham summarized the transmission line easement request, which was presented to the Water Board in the past and to the Energy Board, Natural Resources Advisory Board, and Land Conservation & Stewardship Board. The item was presented at the November 27 City Council Work Session. Staff asked for the Water Board to support granting an easement on Meadow Springs Ranch (MSR) for a transmission line as part of the Roundhouse Renewable Energy Project. WATER BOARD REGULAR MEETING 12/20/2018 – MINUTES Page 6 After attending a Council Work Session, staff received general support and appreciation for they work they have done. Council asked for additional information of analysis between the preferred route and alternative routes and more analysis in regard to burrowing owl’s ability and likelihood to return to the area after construction. All alternative routes are further east and would have a significantly higher impact on wildlife, and the preferred route lines up with 98% of existing infrastructure.  Discussion Summary: Board members inquired and commented on various related topics including whether more research on the owls had been conducted (after speaking to multiple resources, staff was not aware of any studies that impact burrowing owls’ presence or avoidance of areas due to transmission lines), if there were any federal permits needed (confirmed no federal permits were required), permit status for the Wyoming wind turbines (Ryan Fitzpatrick of NextEra Energy replied that the permit application was submitted; industrial siting permit to be submitted in March), and if all finances are ready (confirmed they are). Board Member Kuiken moved that the Water Board recommends City Council approve the transmission line easement on Meadow Springs Ranch for the Roundhouse Renewable Energy Project as recommended by City Staff. Board Member Malers seconded the motion. Vote on the motion: It passed unanimously, 11-0 8. BOARD MEMBER REPORTS • The Water Supply Vulnerability Study is near completion and staff will present a report to the Water Board in April or May. • Staff will present a Magnolia Outfall report to the Water Board in February. 9. OTHER BUSINESS • The 2018 Annual Report is due January 31. Chairperson Bovee will present a draft at the January regular meeting for board approval. • 2019 and 2020 Staff Liaisons o Staff will rotate through the staff liaison role going forward: Theresa Conner (2019), Liesel Hans (2020). Carol Webb will return in 2021. • In February 2019 the board will vote on a new Chairperson and Vice WATER BOARD REGULAR MEETING 12/20/2018 – MINUTES Page 7 Chairperson. Chairperson Bovee encouraged members to consider running. o At the last meeting, board inquired about the Water Resources and Financial Resources monthly reports; the minutes state Carol Webb would follow up on questions. Ms. Webb confirmed she will discuss the questions with appropriate staff. 10. ADJOURNMENT 7:45 p.m.