Loading...
HomeMy WebLinkAboutWater Board - Minutes - 11/21/1996WATER UTILITIES BOARD MINUTES November 21,1996 3:00 - 5:15 p.m. Light and Power Training Room 700 Wood Street CITY COUNCIL LIAISON Chuck Wanner WATER UTILITIES BOARD CO -PRESIDENTS Paul Clopper - 223-5556 George Reed - 686-4383 STAFF LIAISON Molly Nortier - 221-6681 MEMBERS PRESENT Paul Clopper, Co -president; George Reed, Co -president, John Bartholow, Co -vice president; Ray Herrmann, Terry Podmore, John Bamett, Alison Adams, Randy Fischer, Dave Lauer, David Rau, Howard Goldman, John Morris, Tom Sanders, Dave Frick COUNCIL MEMBERS PRESENT Ann Azari, Mayor, Chuck Wanner, Council Liaison CITY STAFF John Fishbach, City Manager; John Duval, Ass't City Attorney; Mike Powers, Director, Cultural, Library and Recreational Services UTILITIES STAFF Mike Smith, Wendy Williams, Gale McGaha Miller, Bob Smith, Dennis Bode, Kevin Gertig, Beth Voelkel, Molly Nortier GUEST Shauna Page, CSU Student Observer MEMBERS ABSENT Bob Havis, Tom Brown, Joe Bergquist, Robert Ward (all excused) Water Utilities Board Minutes November 21, 1996 Page 2 Co -president Paul Clopper opened the meeting. The following items were discussed: INTRODUCTIONS Paul Clopper introduced Council members, City staff and guests attending the meeting. MINUTES Ray Herrmann moved that the minutes of October 31, 1996 be approved as distributed. Alison Adams seconded the motion along with noting two corrections: on pp. 2 and 4 her first name was used where her last name was appropriate. Paul Clopper pointed out three other corrections: page 3, 4th fiill paragraph, 3rd sentence, gutting" should be "making;" p. 4, last paragraph, last sentence, "sense" should be "cents;" and on p. 12, 3rd line down from the top, `Board" should be "staff." John Bartholow noted that on p. 13, the last paragraph, his abstention on the motion to invite Mayor Azari to the December meeting to discuss the Mayor's proposed regional water commission, was procedural not substantive. The motion was approved unanimously (14-0) with the corrections. UPDATE* NORTHERN COLORADO WATER CONSERVANCY DISTRICT The NCWCD representative was absent due to illness. He sent CBT data for the Board's information. There were no questions or comments. REGIONAL WATER SUPPLY ISSUES Mr. Clopper began by saying that the Board is happy to have Mayor Ann Azari, the Board's Council Liaison Chuck Wanner, City Manager John Fishbach, and Assistant City Attorney John Duval attend the meeting. The Board voted at the last meeting to ask the Mayor to attend the December meeting. She had a conflict in December and asked to come instead to the November meeting. He said that the Mayor will discuss regional water supply issues and the establishment of a water commission which is in the embryonic stage at this point. Mayor Azari began by apologizing for anything she might have done to cause concern on the part of the Board members. "My intention was not to supersede anyone's authority, role, leadership or participation," she stressed. "I don't know very much about water other than we can't live here without it." None of the process so far has led to a formal arrangement, "and it might never be if we don't have a will to make it so," she contends. She felt as though she had to say what she thought, which led to her being asked to work with County Commissioner Janet Duval and Bill Brown and Mike Applegate from the Northern District to look at what might occur among different parts of the water community to position the Poudre River Basin to continue to develop a good place to live for everybody. Mayor Azari has talked a number of times about the nightmare that occurred in the Arkansas River Valley. That southeastern Colorado River basin in some places has been sucked dry by Water Utilities Board Minutes November 21, 1996 Page 3 urban buy-out of farm water rights for municipal growth. She doesn't want that to happen to the Fort Collins area. Those conversations led to Janet Duval and Mayor Azari being asked to speak at the NCWCD spring water users meeting in April in Fort Collins. That presentation resulted in Ms. Duval and Ms. Azari being invited to Denver to the South Platte Basin forum in October. Both presentations generated press articles. `°The article in the Deriver Part about the South Platte meeting was right on the money. I did say those things and I don't have any regrets or apologies for it," Mayor Azari said. The article quoted Mayor Azari and Commissioner Duval as saying that northern Colorado must guard the waters of three South Platte tributaries --the Cache la Poudre, Big Thompson and St.Vrain Rivers --that make it such a rich farming region. The lead sentence in the article observed:"With blunt good humor, an outspoken pair of northern Colorado officials delivered a cautionary message to Denver -area communities thirsty for water: Look somewhere else." While all this was going on, Steve Porter from the Coloradoan reported on the meeting Commissioner Duval and Mayor Azari had with Bill Brown and Mike Applegate. He wrote about the potential of forming a commission. "I think, at the time, it was the only word anybody could figure out. It sounded to me too formal from what I knew would work with our city's participation, and I also, quite candidly, know if the City of Fort Collins isn't involved in the leadership here, we don't have a chance of doing anything about the water in the basin," she asserted. She added that she knows that we need time to think about how that should be formulated and what it should look like, and we're the ones who can bring a diversity of interests to the table that will make it a success. "I suggested that we not call it a commission at this point, and instead, pursue the establishment of a working group, and that's what I came back to talk to Chuck Wanner, John Fishbach and Mike Smith about," she related. "After input from the City Council and the Water Utilities Board, we can say whether or not we could formally participate in such an activity, and if so what would it be?" she said. "We need to hammer that out, including who should participate," she suggested. Some of these ideas were interpreted in the article the way Steve Porter saw it. "Essentially what came out, was that we were already going to do something like this. We're not going to do anything unless we figure out what it is we're going to do," she insisted. "We also need to determine what it would be called when we figure it out and if it is in the interest of all the parties concerned; and all the interests of the parties concerned involves a large number of people." After the Coloradoan article, everybody with water ties said they wanted to participate. Since then, because these kinds of actions take some time, and the election was going on, nothing much has been accomplished. Shortly after the election, Mayor Azari attended the NCWCD fall water users meeting in Greeley. Jim Lockhead, from the Natural Resources Dept., spoke about regional water issues. The Northern District was concerned about the Supreme Court decision about Thornton that had just been released. A small core of people asked what could be done together to get into sync about a direction that could keep our water in our basin. They also asked who would be involved if we did so, and how many we would recommend. We all know that there are many people who want to be involved, "and we could end up with a mini Water Water Utilities Board Minutes November 21, 1996 Page 4 Congress," she said. "You just don't get the hard work that needs to be done, with that many people," she observed. She went on to say that she knew the Water Board needed to be involved. "As a matter of fact, I told those early people that we needed representation from the Board, and I knew that Mike Smith should be involved, because we needed someone to carry the information back." She initially thought of forming a small working group who might say "this might work, these could be the players, these are the people who need to adopt it, this is the direction we need to take, and we together would recommend that we do this," she related. Then things began happening rather quickly. "Thornton had read in the press that I warned Denver -area communities to keep their hands off northern Colorado water." Furthermore, Aurora has made it known that they plan to have another City the size of their existing City. "Don't worry, Ann," they say. "We have done repair work in the Arkansas valley, so we can do the same if we take your water, etc. I told Jim Lockhead, at the Greeley meeting, that I don't think there's the willpower in the State of Colorado to deny anything that the metro area wants." Moreover, she doesn't think the State government is going to deliver, and she contends that the only group that is going to help us is ourselves. "If we get together with a common voice, maybe other parts of the state will realize that you can't have desert on the north and south, and urban area in the middle and have anything that we know as Colorado," she insisted. After the meeting in Greeley, the Weld County commissioners called John Clarke to let him know that they wanted to be a part of this group. Commissioner Clarke was concerned about this and said, `we have to enact 1041 up here!" 1041 is a regulation that says counties can interfere with anybody who is trying to run water south. Because of the election and the changing leadership, Mayor Azari had a meeting with Commissioners Duval and Clarke recently. Mr. Clarke is willing to step in and be the Larimer County liaison, "but both John Clark and I want Janet Duval to have a role, and she has agreed. We don't know what that might be yet. Because of her work, up to now, she has helped us get this far." Ms. Azari emphatically wants the small working group to be allowed to meet, because together, parties with various interests can help us understand what direction we may need to take as far as a basin -wide community effort. She hopes the Water Utilities Board is willing to help and that Robert Ward will be willing to serve. He was on the "Perspectives" TV show that she facilitated. That will be re -shown on Channel 27 all through the month of December. "I know that Northern Colorado water is at risk, and that's what all of this is about," she concluded. "I need your help!." Paul Clopper wanted Mayor Azari to know that she was not `working a tough room here today. The long and short of it is that you have managed to create so much interest. The response that you are getting in this early on process indicates to all of us that you are on to something important," Mr. Clopper stressed. The former Water Board had a Water Supply Standing Committee, "and our Water Board, in conjunction with Loveland and Greeley Boards, have forged some regional efforts for several years." With the merging of the Storm Drainage and Water Boards, `we are currently feeling our way. " One of the issues that was discussed at our inaugural meeting last month, was the structure of some of the standing committees that this Board would develop as part of our functioning framework. One of those committees has been Water Utilities Board Minutes November 21, 1996 Page 5 loosely described as a liaison or regional issues type committee. "We feel that we can help with your efforts to get where you have said you would like to go." "I am aware of the efforts the Fort Collins, Greeley and Loveland Boards have made toward regional issues," Mayor Azari noted. "I recall when Governor Romer met with those Boards and other regional water people in Greeley a few years ago on precisely this issue; and a lot of good it did," she asserted. "When the metro area created a water forum to discuss water issues, they didn't think about inviting the mayors in Northern Colorado, and it was our water they were talking about. I don't think they get it yet, so it's about time we begin to organize our forces," she contends. David Rau said, "I think they get it; they just don't like our position. They know exactly what they're doing." "We've got to start knowing what we're doing in a way that they can't touch us anymore," Ms. Azari insisted. She added that she has made it known that she doesn't care if they want to share water, "once we get our act together. We can't have the kind of place we want it to be without that water," she stressed. Mr. Clopper assured the Mayor tnat there are a lot of people in this room who are willing to roll up their sleeves and work along side her. The Mayor emphasized that "we need people to think strategy. We must have a team that won't quit, and we are going to have to convince people with whom others haven't talked for a long time that we mean what we say, and that we can learn to trust each other again. I'm talking about the Northern District and Friends of the Poudre; I'm talking about the Sierra Club and water storage companies; I'm talking about the City and the countryside; I'm talking about university theory and the practice on the ground; I'm talking about people who don't know anything about water except that it comes out of the tap, and they don't care as long as their water rates don't go up; I'm talking about all of those elements and pulling them together to build the resources we need over time. I'm scared we're going to lose it!" Tom Sanders told the Mayor how glad he was to hear her say the things she has. "It's been 8 years in coming. I thought the Thornton issue, many years ago, woke us up, and we just went back to sleep again. I've been on the Water Board for nearly 14 years now, and we have been trying to control the destiny of our water up here by buying more water and gaining more control, and the incentive politically has not been there," he contends, "and the money has not been there. I want to buy the water and lease it back to the farmers. Money is definitely one part of the strategy," he concluded. Ms. Azari agreed. "Since I've been gaining some attention by having an occasional tantrum, I've had people approach me saying that there are water banks around the country that have been successful; there is capital to help you build a water bank if you want, so I think we can access some money," she said. "I know also that people don't invest in things in which they are going to lose." "You won't lose on water," Dr. Sanders insisted. "On the other hand, I have been approached by three ditch companies that want to be part of things and think it's about time that we begin to work together," Ms. Azari pointed out. "I'm encouraged by that, but I don't think it's going to be too easy," she acknowledged, "because we still have substantial barriers of differences between us." Water Utilities Board Minutes November 21, 1996 Page 6 "What's your immediate game plan?' Alison Adams asked. The Mayor referred to a draft memorandum that was included in Board packets. Janet Duval tried to get a sign -off on it, she said. Representatives of various groups (including Robert Ward of the Water Utilities Board) were listed to be sent invitations asking them "to help create a multi -talented group to find innovative methods to keep water in Latimer County." They would be asked if they would be willing to serve on the steering committee to complete these goals: Polish the mission statement Establish a process for requesting public application and criteria for review of applications. Review applications and make recommendations to Larimer County and Cities of Fort Collins and Loveland RE: Participation Formalize the charge to the larger group, including the request to start with Larimer County and then move on to involve the entire basin and region. "Commissioner Clarke may want to add another member or so to get the south part of the County in," she explained. "If it's okay with the Water Utilities Board, I would like to say yes, we'll play and yes, we'll start working on this. I would then give the Commissioners a call and ask them to get the invitations out." Howard Goldman thinks that it's great to talk about cooperation here, but `it's not an us versus Denver game. We all need water. It seems to me that pulling in our heels and circling the wagons up here, and having this big battle with the rest of the state, is the wrong image to try to discuss this," he contends. "You may have a point," Ms. Azari responded. "I would be glad to back off on this. My understanding is, however, that it's easier to share when you have some leverage." Mr. Goldman continued by saying that `We have to put our money where our mouth is. We must control our destiny by buying water here, and we also have to be working with people in Denver in a cooperative way to look at processes that work for the state in terms of water banking authorities, and that might require some kind of legislation. He said a confrontational attitude scares him because it could take us into a mode that could lead to another Thornton. Mayor Azari said that once some action gets underway she would be happy not to be part of it, "but until it gets underway, I'll probably be the one who says rough things. It's better that I say the wrong things than the people who actually will be working toward building agreements that will allow us to share. I don't trust those people in the metro area, and I know already that they have nearly condemned the future of Ault. I don't like it, and I don't like being in a position where that happens," she asserted. George Reed brought up the recent death of Ward Fisher who was one of the first people that he recalls suggesting the water bank concept. He told the Mayor that he personally feels wanted and empowered to help. "I appreciate your comments," he said. He also thinks that what the Mayor is Water Utilities Board Minutes November 21, 1996 Page 7 saying, is the best approach for Colorado as we know it; perhaps it isn't as purely parochial a view as maybe a newspaper or someone else thinks it is. The wrong thing for Colorado is to end up like the Arkansas River Valley, he concluded. John Barnett said that he was one of the people who pushed for inviting the Mayor to meet with the Board. "I pushed for that not because I wanted you to apologize for anything," he stressed. He said that we need to look at this issue from a variety of perspectives. "It's certainly possible that the metro area could dry up our agricultural land, if we're not careful. It's also possible for us to do it, if we're not careful. There currently is a transition, to a certain extent, of water going from agriculture to urban uses, and we need to look at why and how that happens, and what could be done about it. There is a real need to bring folks of this region together, but I'm not sure what the region includes. "It's what I call `the land of three rivers,"' Ms. Azari responded. "These are the three South Platte tributaries --the Cache la Poudre, the Big Thompson and the St. Vrain, all the area included on the NCWCD map. "If the Denver area is to continue to grow, they need to do something about their water issue," Mr. Barnett continued. We will have the same kinds of problems up here as we grow and build this urban region, with or without Denver. "There are a lot of levels at which this problem needs to be solved: political is one, and there's a leadership level; Ann, you're out charging, and more power to you, keep charging! At the other levels we have water boards, irrigation companies, the water utilities and districts. There is a history of 10- 20 years of people trying to make it happen. Mayor Azari said that crises seem to have to occur before we make things happen. "We became pretty thirsty before the Conservancy District stepped in prior to the Big Thompson project," she pointed out. "When push comes to shove this area has been known to get its act together. We can do it again. It's worth a try," she concluded. David Rau said he has somewhat of a different perspective because he handled water rights in the metro area for some time. "The metro area will come and get our water if we don't do something about it," he stated flatly. He thinks Tom Moore is a good suggestion to be a part of the initial group. Mr. Rau likes the idea of a water bank. He also thinks that it's a natural partnership for cities and agriculture to work together. "We can preserve our water and our way of life, but we need to be out fighting for it; we can't back ofl;" he contends. Paul Clopper urged the Board to think about this discussion as they attempt to build the framework of this board and talk about the committees that are established and think about what their functions are. "There are ways to use those to keep this topic alive." Dave Lauer commented that most of the Board appreciates and are 100% behind what the Mayor is doing, "but you have the podium that is necessary to make people sit up and pay attention. Friends of the Poudre (of which he is a member) is more than willing to develop whatever kinds of alliances, and whatever kinds of `weird' bedfellows we might need to make our contribution in preserving the water." There are two things we need to do together: (1) develop a position of strength that you are talking about, (2) accumulate as many water rights as we can, while at the Water Utilities Board Minutes November 21, 1996 Page 8 same time, maintaining and preserving agriculture by encouraging agricultural interests to remain in agriculture instead of selling out to urban interests, whether it's ours, Denver's or Thornton's, whoever. "On the surface, buying water rights while preserving agriculture may sound like a contradiction, but it doesn't necessarily have to be that way. There are enough active ag. interests our there who have every intention of continuing to grow, e.g. Piedmont Farms. "If you look at the good side there is good potential," Ms. Azari responded. "The other side is kind of scarey if we don't try; the risk is worth it," she maintains. `We must determine what agriculture needs. We don't dare make assumptions about that anymore. We must work with the ag. interests as the business people they are." She stressed that we as urbanites have a lot to learn from people who are making the decisions in agribusiness, and how we can work with them so they can be successfiil, and if they can't be successful, what is the back-up so the water remains accessible, practical and useable. Moreover, if we want to share, we need to know what we are doing when we are sharing. Mr. Lauer continued by saying that we in Northern Colorado need to show by example that we are willing to do what we need to do in terms of water conservation. "That will provide a good message for metro users who want to come up here to get more water." David Rau pointed out that we need to increase education for agriculture in conservation. practices too. "For example, when Thornton came up here and wanted Water Supply & Storage water, we went to their shareholders to talk about a settlement and discuss first use issues, their only response was, `we don't want sewer water in our ditch. "' "We reminded them that the water coming out of the wastewater treatment plant is equivalent to water from the Poudre Canyon, but they didn't care. To them if it came out of the wastewater plant, it was sewer water. It's an uphill battle," he concluded. "I can understand that," Ms. Azari responded, "because it's the same thought process as the urbanites and their `poodles, ponies and parakeet' attitudes. There's a lot of learning that needs to be done, but it must be done with an open understanding." George Reed thinks that sometimes it's a question of understanding that we are at risk. "I'm certainly not an expert, but as I understand it, Thornton now has the right, when they are in priority, to dry up the Poudre River from about where the property is that would be used for a regional wastewater treatment plant, and on past the Kodak Plant. It may not happen for 50 years. An attorney told me not to worry about it because I would be gone by then; but 50 years from now still worries me," he stressed. He also referred to some Poudre River Corridor issues which concern him. "I would like to see the Poudre River flowing there for many more years, and become even more of an amenity for the region." Ms. Azari related that the last time she talked to Commissioners Duval and Clarke, they mentioned that perhaps Weld County will plan to form a working group too. Then, if the two groups get some plans together, they could present them to the commissioners and the cities. "However, I would strongly oppose waiting until they got that together," she added. Water Utilities Board Minutes November 21, 1996 Page 9 Ray Herrmann pointed out that we are acquiring water so we can use it for development, and "some of us are a little uneasy about that," he remarked. "That puts us in the middle of the conflict that came up earlier, but it also puts us in the business of acquiring water. I think what we need to do aggressively as a city (regionally also) is continue to look at those water rights that are available that we should acquire, and those are native Poudre rights," he concluded. "I agree with that," Ms. Azari said. "When I have talked with the North Poudre Irrigation Co., there is a sense of confidence that we will work together, and that our future depends on well thought out policies of sharing. Furthermore, she thinks the ability for us to plan a future together between the countryside and the cities, lies with the cities. Mr. Herrmann indicated another aspect of the problem As we aggressively go after Poudre water and the other northern rivers, it puts the pressure on the Northern District. "There's no doubt in my mind that Denver will go after the District, and that could be a big legal fight." Tom Sanders pointed out that they are already connecting with Broomfield; "the physical connection is going to be there," he predicts. "And that pipeline is going to get bigger," Mr. Lauer added. Before she left the Mayor suggested the Board think of some way to honor former Water Board president Ward Fisher for his long time service to the community. Mr. Fisher, who died recently; made a significant impact in the area of water. She then thanked the Board for inviting her to attend their meeting. "You have work to do and I will cheer you on!" she concluded. President Clopper thanked her for the productive dialogue and for taking the time to visit with the Board. A draft of the bylaws, prepared by Assistant City Attorney John Duval, was included in Board packets. President Clopper called for discussion. In the interest of time, he suggested that the Board not get into a `word crafting" exercise. He proposed, instead, that they discuss each article of the document as to the content. He pointed out that Mr. Duval has attached relevant sections of the code for reference. Mike Smith made a few introductory comments about the bylaws. "I want to emphasize that these are your bylaws," he began. He said the reason he asked John Duval to draft them was to give board members guidance before they provide their ideas and direction. "If you want to work on them yourselves or have Mr. Duval or staff help you, it's your call," he assured the Board. Mr. Duval explained that both the Water Board and Storm Drainage Board had their own sets of bylaws. "I took both sets and combined them, but I think you will see that I took more from the Storm Drainage bylaws than I did from the Water Board bylaws simply because there were a lot more procedural issues dealt with in the SD bylaws, which I thought were missing in the WB bylaws." The other point he added that wasn't in either of the bylaws, is in section 12 on p. 4. This set forth procedures or a process to be followed when the Board is conducting quasi-judicial hearings, because the Water Board has never done that. The SD board considered variances from Water Utilities Board Minutes November 21, 1996 Page 10 time to time, and when you are doing that, you are acting as a quasi-judicial board, and the procedures are different from when you are making policy decisions. There were no comments on Article I. Mr. Clopper had two suggestions for Art. H. In both the former bylaws, there is a listing of what the functions of each of the boards was. "I think this would be a good place to reiterate those," he said. He also pointed out that there is a "Conflict of Interest" clause in the SD bylaws that he thought would also be relevant here. "Overall, I think we need to be a little more specific about the functions of this board. The way I'm thinking that the bylaws will work for us is almost as a mission statement." Tom Sanders was concerned that the Board was not going to be able to get through the document today. He suggested that when the Board changes items at one meeting, that they review them and approve them at the next meeting. "That gives us at least 30 days to review those changes." He proposed that each Board member come back to the December meeting with written changes to the bylaws. "That way we will be more organized," he said. "Then we can invite Mr. Duval back after we have completed it, and go through it again when we can use his expertise. Since Mr. Duval has to leave early today, we wouldn't be able to get to all the suggestions before he leaves. Howard Goldman asked for a show of hands of all the members who wish to make changes to the bylaws. Five people had something specific to say. Dave Lauer didn't think the Board had enough time to study it carefully. John Barnett pointed out that the Board has some major items to talk about, among them, adding a mission statement, which could take a lot of time. "We need to do that right," he stressed. "Does it make sense to simply fill in the blanks here and adopt this, for let's say, a three month period. We could renew it and actually go through it and make the changes we need to make. Alison Adams moved that the Board adopt these bylaws as temporary and re -visit them at the February meeting. John Barnett seconded the motion. George Reed pointed out that three members suggested a different number of days until we review the document. "Do we even have to put a time frame on them? We can adopt them as temporary bylaws," Mr. Herrmann suggested. Howard Goldman had a major problem with accepting bylaws as they are. "In the meantime, we are going to be losing members and I don't think the way we're going to lose members is right," he asserted. He was told that that's in the code. "I think the code needs to be changed as well," he responded. "There must be more structure and thought as to how we are going to end up with eleven members; not just by attrition. We have lost, over the years, a lot of Water Board members with great experience and knowledge because of silly procedural reasons. It seems to me we need to do something with that right away," he insisted. Dr. Sanders doubts that the Utilities Board members will have much impact on the rules about terms, etc. Let's fill in the blanks now, so we are able to operate legally, several members suggested. "I have been trying to add a `liaison" committee for well over a year," Mr. Goldman continued, and I am reluctant to lose another several months without making a decision on that," he said. "ro me it's even more important to have the committee now, than ever." Mr. Lauer suggested Water Utilities Board Minutes November 21, 1996 Page 11 that the Board add the committee as part of the motion. Alison Adams, who made the motion, agreed to include that as part of the motion; John Barnett, the second, also agreed to accept it as part of the motion. Mr. Clopper asked the Board to turn to p. 4, Art. VI, Committees. John Duval drew the Board's attention to the second line which states: "Such committees may include, but not be limited to..." Mr. Goldman was asked to propose a name for the committee; he chose Liaison Issues Committee. Designation for it in the list of standing committees will be included in the motion. Prior to voting, the Board filled in the blanks in the proposed bylaws. They decided that the Board's annual meeting will be in September. Next, the regular meeting of the Board shall be on the 4th Thursday of each months at 3:00 p.m. The staff Water Utilities Board Coordinator will serve as secretary of the Board. A quorum for the Board will be 10. President Clopper called for the question. The Board voted unanimously to adopt temporarily, the proposed Bylaws, prepared by the Assistant City Attorney, with the inclusion of the new Liaison Issues Committee. The bylaws will be revisited at the December meeting. It was decided that all those who wish to suggest changes and additions to the bylaws bring those, in writing, to the meeting. For the January meeting, the Assistant City Attorney will identify the revisions in a shaded format on the document which will be included in the January packets. PRINCIPLES & POLICIES FOR THE POUDRE RIVER Mike Powers, the City's Cultural, Library and Recreations Services Director, gave a presentation on Principles and Policies for the Poudre River with the use of a very large map of the areas relevant to his discussion. He began by saying that his department describes their process with this project as a work in progress. "We are part of City Plan," he stated. It should be noted that both the Water Board and the Storm Drainage Board were given presentations on the City Plan a few months ago. Mr. Powers explained that his service area carved the River Corridor out of City Plan's RFP and created an in-house approach to doing it. "We are made up of planners, park planners, natural resources people, and Stormwater. Our charge is to follow in a parallel track with City Plan, and ultimately, at some point, bring that back together so it gets merged in when the City Plan is adopted. We approached this somewhat differently," he continued. City Plan went through a series of interim steps to get to, what he thinks is the most important thing, and that's what it is going to look like on the ground. "We adopted a ready, aim, fire school of planning. We are going to describe our vision of what we think it ought to look like on the ground, and then come back and describe it in terms of these steps. What you're going to see today is basically ahead of the group." The principles and policies are in place. "I think it's probably more relevant and more exciting for you to see what is being planned in terms of actual, on the ground, kinds of things.,, "What is on the huge map is actually a work in progress," he repeated. "It is evolving as I speak," "Some of the things I tell you today may change over the next few months." He walked the Board through the map and told them what his group has identified. He took comments and questions at various points along the River. His group's charge was to describe something roughly from Water Utilities Board Minutes November 21, 1996 Page 12 Overland Trail to I-25. The study area boundary will vary in terms of definition. For example, on the south side typically, it's the River wall. On the north side, sometimes it's the 100-year flood plain; sometimes it's the gravel resource based on what's under the ground; sometimes it's what makes sense in terms of property boundaries; and sometimes it's aesthetics. The lime of green cross hatches, represents "what we want to see." He emphasized that the `We" is not just his group sitting around the table; it is a condensation of 20 studies that have been done along the River. "There are everything from very technical studies, that some of you have done, to non -technical studies done by a variety of people. We have merged all of those studies into one document," he explained. He went on to explain what each of the colored areas represents, and the various ways they hope to preserve much of it. He related that there is nothing much in terms of controversy as `you work your way along the River." However, he did discuss some of the more controversial elements; e.g. a mobile home park in an area planned for preservation. "As one gets closer to downtown, the land near the River typically is owned by the City, although the County plays a role in it." He mentioned that there will be very tight guidelines or standards written for certain kinds of commercial use along the River. He then talked briefly about the downtown area and the "River Walk" concept, which has been discussed for a number of years. "This map will probably resurrect the debate about that concept," he predicted. Another area near downtown could be developed with the flavor of "Lodo," in downtown Denver. He mentioned the possibility of a natural garden and a small amphitheater, similar to the one in Vail, located in one of the areas. The area close to the El Burrito Restaurant is one that, he thinks, the community is going to spend considerable time debating, because "there are strong feelings out there about it." He remarked that, when you cross Lincoln Ave., you get into a rather nasty area visually at this time. There is considerable debris lining the trail, and there are oil and construction companies along there, as well. It's a mixed use area; everything from commercial to residential. He mentioned that Lincoln Greens golf course, another controversial area, is a "holding use." It was bought to eventually be developed. "What we do in that area, affects their long term future plans. We, as a group, like the golf course use. What we would not like to see is condos right up to the River." There is a buffer along the River that is being suggested. He indicated in the area near Mulberry, the buffer runs anywhere from 100-300 feet on both sides of the River. "It's going to vary depending on what is practical." Another obvious controversial use is the Timberline Rd. extension. "These uses have changed twice since we have been drawing these maps," he said. It's now owned and defined as some sort of commercial/industrial use. From there on, the areas are mostly non -controversial; it is mostly protected, or targeted to be protected all the way to I-25. ` Water Utilities Board Minutes November 21, 1996 Page 13 He then asked for questions and comments. Someone asked the difference between the lighter and darker greens on the map. "Lighter green is not owned by a public organization, but we someday would like to see it preserved; and that could be in private or public ownership, but not developed." Tom Sanders asked what kind of instream flow do they think they will need to preserve this. "That's the one that affects the Water Utilities Board the most," he added. "At this point in this form, we haven't talked about any instream flows," Mr. Powers responded. "In terms of the Legacy Project, which is the Northern Colorado Great Outdoors Colorado Legacy grant, from which we just received $3.2 million. Part of that originally was to try to improve instream flows through a series of purchases and trades. That is going to take a lot more time than phase 1, so, essentially, that has been put on the back burner. That project is the only one where we have talked about instream flows," he stressed. "The Water Utilities Board would like to be involved in those discussions," Dr. Sanders said. "We would like to have you buy the rights and we would capture them downstream and use the water again," he explained. "It's critical that you get input on that." Mr. Powers responded that as a part of this project, he doesn't think it's going to come up unless the community brings it up as a request. "What do you mean unless the community brings it up?" John Bartholow asserted. "Tom Sanders just brought it up!" `By that I mean we are in a land use inter -action," Mr. Powers replied. "If that comes up, it's a separate issue, but if it is brought up by the community, it would be addressed at some point." "From a public perspective, isn't it hard to justify spending money to do something with the land around a river that is dry?" Alison Adams wondered. "We do it all the time; it's called a natural area, so it can be done," Mr. Powers explained, "but our preference is if we have a river there we would like to keep it. The focus of the natural area purchases is currently along the River, but two years ago it was buffer between Fort Collins and Loveland, and the ridge on the foothills." Mr. Lauer wondered if there are specific reasons, regulations, rules, code or ordinances that would prohibit you from requiring those different uses. "Is there a reason why you wouldn't take that next step?" Mr. Goldman asked. "I don't know if you could zone water flows," Mr. Powers replied. "I'his is going to end up a regulatory system of how land is used," he explained. "As a part of use of that land, could you require that they maintain a certain flow of water?" Mr. Goldman continued. "People with the land probably don't have any right to the water," Mr. Herrmann pointed out. "Consequently, if you are going to maintain the flows, you are going to have to obtain the right and let it flow through. As Tom Sanders said, then we'll pick it up at I-25, or wherever." Mr. Powers said this was the first time he has been approached about this, "so if you have an answer, we need someone to help us." "Staff can provide you with some answers," Mr. Sanders said. "I'm sure you have your hands tied with what happens as you go through town," Mr. Bartholow began, "but just looking at the overall perspective, I'm bothered by that bottleneck. It looks so constrained through there." "Where you lose control, is when the County comes into effect," Mr. Herrmann observed. "Until the recent change, I'm sure that the County would have been happy to work with you," Mr. Bartholow remarked. He added, `what's the time frame? If this is a vision, Water Utilities Board Minutes November 21, 1996 Page 14 what if there are businesses there. In a hundred years there probably won't be." "That's exactly right. This is a land use plan that will be adopted, but it doesn't mean that in six months we're going to take everything out and change it," Mr. Powers responded. "It simple means if this is adopted and if the use changes. You can see the property rights implications on some of these areas," he stressed. "We are down -zoning some people just based on what's on this map, and that's why it's important that a lot of people look at this, and begin to think about what it means; both ways. He emphasized that it's a long term process to make changes like this." Paul Clopper asked Bob Smith or George Reed what the Storm Drainage Board's involvement was in this process, and what kinds of issues they have looked at in terms of the overall plan. "We are in the process of doing a master plan of the Poudre River, and we keep running into the question of what's the River going to look like, so the master plan would gel with that," Bob Smith responded. "We are basically on hold right now. We can recommend improvements, but they must be compatible with what's going to be done in those areas."The Storm Drainage Board has seen the land use study that was done by Water Utilities on the Poudre River. Mr. Clopper said he was looking at some of the break-outs on the map where the flood plain was well beyond the scope of this plan. "that popped in my mind like the bottlenecks jumped out for John Bartholow." Mr. Powers said that Storruwater is one of the few absolutes that they've had. "What I have been painting is more of an aesthetics kind of picture, but when it comes to health and safety, that's a key drive with me," he emphasized. "For example, we can't say we want the amphitheatre in the floodway." "Are you anticipating the use of both open space and legacy dollars for the acquisition of land along the corridor?" Mr. Lauer asked. "Yes, for targeted pieces," Mr. Powers replied. "Does this mean that you can access lottery money for this?" Mr. Sanders asked. "Yes, there are several pots of money: two of them are lottery, and one of them is the natural area tax," Mr. Powers answered. "Do you have a list of the pieces of land that you're looking at buying, and how many of them are there?" Mr. Lauer continued. "It's difficult to talk about land that we are trying to buy," Mr. Powers stated. "If people know that, they may tend to jack up the prices. One that we have been pretty obvious about is out by the Environmental Learning Center, but it is tentatively targeted to be gravel -mined. That's one we are working with Western Mobil to acquire. There are several others like that, but we haven't gone public," he concluded. "Are there any in the downtown area?" Mr. Lauer asked. "Yes, and the ones we have acquired are the Udall Natural Area and the old pickle plant." Mr. Powers indicated those on the map. President Clopper thanked Mr. Powers for his presentation. "We appreciate the information," he said. Mike Smith reminded the group that each City board and commission is required to prepare an annual work plan which is Sled at the City Clerk's Office; Council members also receive copies. The Water Utilities Board needs to develop a work plan for 1997. Copies of the 1996 work plans Water Utilities Board Minutes November 21, 1996 Page 15 for the former Storm Drainage Board and Water Board were included in the packets. Bob Smith pointed out that, included with last year's Storm Drainage work plan, was a summary for 1997. Mike Smith said it was up to the Board how they want to proceed on this: staff helping, form a committee or the entire Board working on it. John Bartholow suggested that the Committee chairs get comments to Mike Smith or whoever he designates about revisions to be made. It was decided that staff will prepare a preliminary draft of the work plan, and that the co -presidents will meet with Mike Smith, Bob Smith and the Committee chairs to review the plan and make revisions. It will be presented to the Board at their December meeting. Howard Goldman pointed out that the new Liaison Issues Committee does not have a chair or members on the committee. John Bartholow moved that Howard be elected chair of that committee. Dave Lauer seconded the motion. The vote was unanimous (13.0). Note: Terry Podmore left prior to the vote. Alison Adams and George Reed volunteered to be on the committee. Paul Clopper proposed that any changes in committee memberships or chairs be taken care of at the annual meeting when officers of the Board are elected. It was suggested that approval of the bylaws, election of officers and committee assignments be on the agenda for the February meeting. Treated Water Production Summary The summary was included in the packets. Due to the lateness of the hour, there was no additional report. Financial Status Report A written summary was distributed to the members at the meeting. No additional report was given. Update: Regional 201 Study Gale McGaha Miller reported that the consultant has completed a two draft technical memoranda; one is on population projections/ projected waste loads for the future, and the other one is on water quality. "It's in an internal review cycle right now, so it's preliminary," she said. The reason that Paul Clopper wanted to get to that item in particular was that it was mentioned, at Water Board meetings, that during this winter the first public participation meetings would be held. "The whole schedule has shifted because we were trying very hard to integrate our population projections with the work being done at the city/county levels," Ms. McGaha Miller explained. She didn't have a revised time line yet on when the public participation will be scheduled. There were no committee reports. REGIONAL WASTEWATER SERVICE ISSUES No report Water Utilities Board Minutes November 21, 1996 Page 16 Suggestions for Memorial Tributes to Ward Fisher Mike Smith asked for suggestions to pay tribute to Ward Fisher who died recently. Ray Herrmann had suggested earlier, before he left, that perhaps something could be pursued in connection with the old filter plant on Overland Trail. Paul Clopper wondered if the Board can propose something like that. Mike Smith said the Board can send a resolution to the Council. Dave Lauer suggested that anything that is proposed for the Sher plant should be done so in conjunction with the Preservation Committee, because they are directly involved in the preservation project at that site. In the meantime, the Board may want to send a letter to Ward's family. Tom Sanders moved that Paul Clopper, George Reed and Mike Smith draft a letter to Ward's family, and summarize briefly the significant impact he has had on the water community through the Water Board. Mr. Sanders wants something more to be done long term, and asked that some thought be given to that. Mike Smith mentioned that Mr. Fisher was involved in Joe Wright. Few people even know who Joe Wright was. City departments are required to provide 1%, relative to the cost of their projects, for art work. Perhaps this could be used, in some way, for a memorial toWard Fisher, David Rau suggested. At this point, Tom Sanders' motion was seconded and the Board voted unanimously (12-0 Note: Ray Herrmann left prior to this discussion) to send a letter to Mr. Fisher's family. The letter will be attached to the November minutes. Thank You Note to Ann Azari Mr. Lauer requested that one of the presidents write a note to Ann Azari thanking her for being here. Mr. Clopper said that he will take care of it. ADJOURNMENT Since there was no further business, the meeting was adjourned at 5:15 p.m. Water �Utilities Board Secretary Waterolities • Stormwater • Water • Wastewater City of Fort Collins December, 1996 Dear Nancy, Jack, Bill and Scott, Those of us in Water Utilities and on the Water Board were saddened to hear of the death of our friend and former colleague Ward Fisher. One can't say his name without thinking of water. We are grateful that he chose to devote so much of his time and effort to water matters. In 1963, when Ward became president of the Water Board, the City was experiencing significant water problems. Ward used to say that the Water Board was established in the early 60s "because it was apparent that the City needed to develop a more consistent and far-seeing policy concerning water acquisition, treatment and distribution." With his wise and dedicated leadership, the City was able to make substantial progress in those areas of concern. Ward was also instrumental in helping the Board establish rapport with water users with whom the City was in conflict. Even when Ward retired from the Board, after more than 20 years of outstanding service, his influence remained. The community has been privileged to have a man of Ward's caliber devote so many years to the Water Board and the City of Fort Collins. He was the type of person who met challenges head on, but always with diplomacy, fairness and humor. Over the years, Ward made valuable contributions to all the important water issues in the region and the state. The water community will greatly miss his expertise and commitment. His contributions have made a lasting impact on our area. Sincerely, Cam.. Paul E. Clopper, Co -President, �ater Utilities Board �u tz z e George Ree , Co -President, Wad Utilities Board Michael B. Smith, Water Utilities General Manager P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6681