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HomeMy WebLinkAboutWater Board - Minutes - 10/17/2019WATER BOARD REGULAR MEETING October 17, 2019, 5:30-7:30 p.m. 222 Laporte Avenue, Colorado River Community Room 10/17/2019 – MINUTES Page 1 1. CALL TO ORDER 5:30 p.m. 2. ROLL CALL • Board Members Present: Michael C. Brown, Jr. (Chairperson), Steve Malers, John Primsky, Greg Steed, Brett Bovee, Randy Kenyon, Kent Bruxvoort • Board Members Absent - Excused: Jason Tarry (Vice Chairperson), Phyllis Ortman, Jim Kuiken, Andrew McKinley • Staff Members Present: Theresa Connor, Katherine Martinez, Eileen Dornfest, Kerri Allison, Tawnya Ernst, Linsey Chalfant, Noelle Currell, Keith Hanson, Carol Webb, Eric Potyondy, Sharlene Manno • Members of the Public: Brian Gray, Tina Gray, Kaitlyn Cranor, Whitney Trulove 3. ANNOUNCEMENT • Stormwater Engineering and Development Review Manager Ken Sampley experienced a medical emergency Tuesday night and went into surgery on Wednesday morning. He’s in the hospital recovering. He’s expected to make a full recovery in a few months. 4. AGENDA REVIEW None 5. COMMUNITY PARTICIPATION (3 minutes per individual) • Dr. Brian Gray representing 60 landowners and 43 properties at Phantom Ranch (about 8,000 acres) as president of the land owners association. He attended the Water Board Work Session and good questions were raised. The land owners have spent $28,000 in attorney fees for negotiation process with the City of Fort Collins; it has been going very well and he was surprised to learn about the eminent domain authorization request. He stated he doesn’t understand why they’re getting contacted about the eminent domain; the association would like to be dropped from this group. He said the authorization request has been very threatening to all of the landowners; the Environmental Impact Statement hasn’t even been released yet and that’s a 90-day process. He said the landowners would like to be dropped as part of Phantom Canyon (several pieces of property) so landowners and the City can complete negotiations and come to an agreement. WATER BOARD REGULAR MEETING 10/17/2019 – MINUTES Page 2 • The Nature Conservancy’s Northern Colorado Project Director Sally Ross emailed an October 17 letter regarding “City of Fort Collins eminent domain request to the Water Board,” which focuses on protecting environmental resources. Staff distributed the letter to the board and will enter it as part of the board records. 6. APPROVAL OF MINUTES • Chairperson Brown asked for comments on the September 19 minutes. A board member pointed out two minor revisions needed. Chairperson Brown asked for a motion to approve the September 19 minutes. Board Member Steed moved to approve the September 19 minutes. Board Member Kenyon seconded the motion. Vote on the motion: it passed unanimously, 7-0 7. NEW BUSINESS Staff Reports (Attachments available upon request)  Financial Monthly Report (meeting packet only) Discussion Highlights: A board member inquired about the reason for lower- than-projected expenses and the effect on projects going into 2020. Staff Liaison Theresa Connor replied that many project invoices are received in December.  Water Resources Monthly Report (meeting packet only) Discussion Highlights: A board member suggested showing demand up until April 1 (the whole orange bar) and then comparing that to the supply.  2019 Summer Water Quality Update – Upper Cache la Poudre Watershed (meeting packet only)  Sprinkler Audit Annual Report & Update (meeting packet only)  Water Reclamation & Biosolids (WRB) Environmental Management Systems Outreach and Update WRB Manager Jason Graham summarized the ISO 14001-based Environmental Management System (EMS) organizational structure used for all WRB facilities and activities. Both Mulberry and Drake Water Reclamation Facilities (MWRF, DWRF) are ISO 14001-certified and 26,000-acre Meadow Springs Ranch (MSR) has achieved Gold Level recognition with the National Biosolids Management System program through Water Environment Foundation and Environmental Protection Agency. WATER BOARD REGULAR MEETING 10/17/2019 – MINUTES Page 3 One of the guiding principles of all EMS programs is continual improvement. To continually improve systems, staff identified an opportunity around increased stakeholder engagement; the presentation presented the primary tenants of the EMS programs in place at WRB and staff solicited input on focus areas the board would like staff to evaluate and consider going into 2020. Mr. Graham invited board members to email him comments and attend audits. The summary included a listing of awards and certifications received, including Peak Performance Award (platinum level) from National Association of Clean Water Agencies. Discussion Highlights: Board members commented on and inquired about various related topics including cattle management and biosolids application location on Meadow Springs Ranch (MSR); the accumulation of mass on MSR (22 metric tons produced per year; staff applies 2 to 3 tons per acre although they’re allowed up to 10 tons); wastewater stream and encouraging ongoing research of long-term effects of biosolids that include phosphorus, plastic, ingredients used in water-repellant outdoorwear, etc. on the environment such as the plants that cattle graze on; how the division relates to the City’s Climate Action Plan (biosolids is part of the City’s greenhouse gas inventory and has a positive effect); public engagement (open house events, and ranch tours for Poudre School District, Colorado State University, vendors, community organizations and industry groups, etc.); audits; plant operators and difficulty recruiting these positions across the state. • Development Review and Building Permit Fee Update Staff presented a fee update presentation to the Water Board on June 20, and this is additional information on the recently completed study of development review and building permit fees, and planned outreach. Financial Planning & Analysis Manager Noelle Currell presented a history of fees; a summary of key updates and impacts related to fees for development review, infrastructure inspections, building permit; and city revenue impact. Discussion Highlights: Board members commented on and inquired about various related topics including valuation, square footage and type of buildings; state permit; Municipal Separate Storm Sewer System (“MS4”)permit; biweekly inspections throughout the year; percentage of projects that enter the development review stage that don’t continue through the process (staff will research and report back to the board); appreciation for the informative presentation by staff; attainable and affordable housing; a matter of equity: development project carrying their WATER BOARD REGULAR MEETING 10/17/2019 – MINUTES Page 4 own load. Regular Items • Halligan Water Supply Project: Property Rights Acquisition Needs and Eminent Domain (a.k.a. Condemnation) Authorization (Attachments available upon request) Special Projects Manager Eileen Dornfest introduced staff and mentioned that Dr. Brian Gray and the landowners association have been willing partners in the project. Real Estate Senior Specialists Tawyna Ernst and Kerri Allison summarized the project timeline and impacts to landowners; Special Projects Manager Linsey Chalfant, Real Estate Manager Keith Hanson and Assistant City Attorney Eric Potyondy assisted in answering board members’ questions. The Halligan Water Supply Project is transitioning into the design phase and staff members are moving forward to negotiate real estate acquisitions for access and inundation. Staff requested Water Board feedback on this authorization request prior to developing materials for the December 3 City Council meeting. Staff plans to ask City Council to authorize the use of eminent domain, if necessary, to acquire said property rights. Risks of not obtaining authorization from Council: prolonged acquisition process, not meeting project milestones, increased costs. Discussion Highlights: Board members commented on and inquired about various related topics including access roads, the inundated land area; risk; timeline for receiving authorization from Council after request (a month to six weeks for 1st and 2nd readings); landowners’ concerns about eminent domain and impact on communications and relationships; staff’s focus on fair and equitable process; timeline of appraisals, property rights, and court proceedings; good faith negotiations; field visits and prescriptive easement to maintain the reservoir; waiver valuations; temporary easements; landowners who have not allowed any access for any reason; potential for increased costs; design investigations; the last time eminent domain was used (staff replied it’s rare; once in the last 40 years); landowners association represents about three-quarters of property owners (access to one side of dam; west); consequences of delaying requesting eminent domain authorization by a few months. WATER BOARD REGULAR MEETING 10/17/2019 – MINUTES Page 5 Utilities Deputy Director and Project Sponsor Carol Webb requested a five- minute recess for staff to consider and discuss board comments. Staff came back with a recommendation to table this agenda item until the November 21 Water Board meeting; one month would minimize risk to the project timeline; staff will return to the board at that time and give an update on the negotiations with landowners. Staff offered this delay to recognize the good- faith negotiations by landowners and the money they’ve spent. Board Member Kenyon moved that Water Board table the agenda item until the November 21 meeting. Board Member Bruxvoort seconded the motion. Vote on the Motion: it passed unanimously, 7-0 Discussion After The Vote: A board member commented on serving on the Water Board for the past 10 years and a desire to see this project completed. 8. ANNOUNCEMENTS • 2020 Water Board Work Plan is due to the City Clerk’s Office on November 20, a day before the Water Board’s November meeting. Chairperson Brown asked board members to email him any comments and suggestions. • Chairperson Brown and board members expressed appreciation for the durable dishware, silverware, cups and cloth napkins Business Support III Katherine Martinez purchased using a $300 mini grant through Our Workplace Without Waste project sponsored by Environmental Services Department’s Municipal Sustainability Program. The zero-waste meeting kit will be available to Water Board, Energy Board and Utilities Service Center teams. 9. BOARD MEMBER REPORTS None 10. ADJOURNMENT 7:47 p.m.