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HomeMy WebLinkAboutWater Board - Minutes - 05/14/1976a WATER BOARD Regular Meeting May 14, 1976 - 3:30 P.M. Present: Ward Fischer Raymond Anderson Bernard Cain, Jr. Henry Caulfield Norman Evans Ronald Fulkrod Harvey Johnson Everett Richardson James Waltz Robert L. Brunton Absent: Karl E. Carson Staff members present: Dowell, Harding, Hilgenberg, Krempel, and Liquin Council members present: Arvid Bloom Also: Duane Davis, Manager of Fort Collins -Loveland Water District James Peterson, Fort Collins -Loveland Water District Minutes of Regular Meeting of April 9, 1976, approved Chairman Fischer inquired if there were any corrections to the minutes. Board member Caulfield stated that under the Drought Study section, the word "meaning" in the last sentence should be changed to "meeting". Board member Evans stated that under the Report from Legislative Subcommittee section, the words "in the Larimer-Weld Council of Governments" should be added to the last sentence to clarify the meaning of this sentence, Chairman Fischer stated the minutes are approved as amended. Annual Review of Raw Water Policy Mr. Roger Krempel, Water Utilities Director, stated that the staff recommends no change to the raw water policy that the Water Board adopted last year. Chairman Fischer stated that becuase there is no discussion on changes, the Board will go onto the next item. Genzlinger Water Line Mr. Ed Hilgenberg, Water and Sewer Superintendent, stated the Genzinger Water Line was installed in 1956. The City delivers the water to them at•the corner of Overland Trail and LaPorte Avenue, and the line runs north for 2,000 feet serving 13 customers. Up until the present time, this line had one master meter, and the water bill was divided among the 13 customers. Because the line developed a leak in the last year, they renewed about 500 feet of line and installed individual meters on each service with the type of meters the City uses on its own system. The remainder of the water line is still in good shape. Mr. Krempel stated that this line had to be replaced after 20 years, which is about the life of that caliber of line, in which case, the City can expect to replace this line in another 20 years, He stated that City should exercise caution in assuming the responsibility of these privately owned lines, of which there may be as many as two dozen around the City. He felt that there should be a written policy that will cover the potential taking over of all of these lines rather than acting on them on an individual basis, as was done in the past. Mr. Krempel stated he would like this matter referred back to the staff, and in a month he will have a written policy on how to handle these cases to bring back to the Water Board. He felt the policy should include a guarantee that each line will be responsible for the payment of a 6 inch line out of cast iron pipe. Board member Cain made a motion, seconded by Ronald Fulkrod, to refer this matter back to staff, and have the staff report back on the Genzlinger Water Line, together with their recommendations concerning long range written policies for all such lines. Board member Caulfield stated that it would be helpful to the Water Board to have these private lines marked on a map, so the Board can get a better impression of the situation. Mr. Krempel stated that he would mark just the lines that serve more than two properties. The Chair put the motion, which was unanimously adopted. United States Reserved Right Claims Chairman Fischer stated that there has been a report from the master referee in regards to the United States Reserved Right Claims. He stated that on the Western Slope and North Park, the United States has made a claim to all the waters of the National Forests and Parks which they deem necessary for use in their federal reservations. This has been contested by the City of Fort Collins, the Water Supply and Storage Company, and the Jackson County Water Conservancy District. He had not received the findings as yet, and would keep the Water Board advised. Legislative Subcommittee Board member Evans stated that the Supreme Court had a ruling that the federal government has to comply with the state water laws in gaining water rights for federal use. Chairman Fischer stated he will get copies for the Water Board of that case. Board member Evans stated that Congress is trying to put local responsibility on the flood plain insurance administration, and the Corps of Engineers and EPA are protesting this. Board member Caulfield stated that there is a bill in the House to try to remove the requirement that a financial institution insured by the federal government has the responsibility not to .finance any flood plain. - 2- By -Laws Subcommittee Board member Caulfield, Chairman of the By -Laws Committee, stated that he will have something for the next meeting. Long Range Goals Subcommittee Board member Evans, Chairman of the Long Range Goals Committee, stated that he has no report. Utilities Subcommittee Chairman Fischer stated that City Attorney March was not able to attend this meeting to discuss the implications of the Boulder case and the requirement of the City of Boulder to furnish water outside the city limits as a public utility. He requested that the City Attorney attend the next Water Board meeting, and stated that the Board should not make any final long range plans on a policy for the utilities until this has been discussed with Mr. March. Board member Cain, Chairman of the Utilities Committee, stated that the committee, at the direction of the Board, did not hold a meeting. City Manager Brunton stated that a meeting was held in January, and it was brought up at that meeting that it would be better not to try to resolve all of the problems at one time, but use one or two as a prototype. He stated that the City is close to establishing a prototype of an agreement with Public Service. He felt that the City, the water and sewer districts, and the electric utilities should mutually agree on service areas, and sign an agreement that states if either party moves out of its own trade territory into the other's territory, they should pay for loss of revenue. He stated that as soon as a tentative agreement is reached with the districts, he will hold a meeting with the Utilities Committee, DTZ, and the Planning and Zoning Board Committee to discuss this problem, hopefully in 30 to 60 days. City Manager Brunton stated that Hewlett-Packard has sent a letter to the City requesting the City to provide all the utility services to them, and also sent the same request to the South Fort Collins Sanitation District, Fort Collins -Loveland Water District, Public Service, and Poudre REA. He had hoped that before he had to answer Hewlett-Packard's request, he would be able to come to the Water Board and City Council with some definite recommendations in connection with the service areas problem. But, at the request of Hewlett-Packard, a letter did go out administratively with an offer, subject to the conditions of the City ordinances and approval of the City Council. He stated that he would still like to discuss this completely with the Water Board and City Council. Chairman Fischer furnished to each member of the Water Board a copy of the policy concerning the furnishing of water and sewer service outside the City limits, a letter dated April 11, 1973, from Mr. Fischer to Mr. Brunton concerning the Water Board's view as to these policies which should be followed, and comments by the Board made at the time this ordinance was suggested. He stated that, as background information, this should help the Board understand how the present ordinance came to be adopted and what the Water Board had intended when it recommented this to the Council. Chairman Fischer stated that the ordinance provides that utility service shall be extended outside the City limits only in connection with uses allowed under the zoning and approved by the City Council. It also states that -3- water and sewer shal • t be extended beyond a certain line to the north and a certain line to the west except on recommendation of the Water Board and approval of Council. He stated that the Water Board, at the time, felt that growth in Fort Collins was inevitable. They felt growth could be good or bad depending on how well planned it was and if the plan of growth was good. The ordinance placed upon the City Council the duty and responsibility for developing and enforcing a good plan. The Board emphasized the purpose of the ordinance was to provide for orderly growth in compliance with long range plans to the maximum extent as possible. They felt that as a general policy, if growth in an area is inevitable, it is desirable that the City furnish the utilities as it can thereby require that the development conform with the long range plans of the City. On the other hand, if the area outside of the City cannot be served by utilities from one of the districts, the necessity for the City furnishing such utilities in order to control growth is obviated. Chairman Fischer further stated that prior to 1973, they had tried to work out service areas, but thus far in 1973 had been unable to. So the policy recommended to the Council that to control growth, they would have to be prepared to go outside the City limits. The ordinance also states that water will not be extended outside the City limits without sewer, and vice versa. Some people had felt that the electric utility should also be part of this provision, but the Water Board had felt that this properly belonged to another board. He also stated that at the time the recommendation was made to extend water and sewer together, except upon recommendation of the Water Board, it was contemplated that the City would ultimately build a Sewer Treatment Plant No. 3 further south on the Poudre River, but the plant was not built. With the City growing so far south, the City may not be able to furnish sewer service, and he felt that the ordinance should be reviewed so as these exceptions do not need to come to the Water Board each time. Board member Caulfield inquired if under the ordinance, all cases of extending water and sewer outside the City limits have to come before the Water Board for recommendation to the City Council. Chairman Fischer stated that the ordinance reads that if the user is in compliance with all the policies of the ordinance, then this can be approved administratively, but if there are any variations, for example furnishing water without sewer, then the Council could not act except upon a favorable recommendation of the Water Board. City Manager Brunton stated that he felt the entire ordinance should be under review, and besides the line west and north, there should also be a line to the south. He further stated that when the proposed Larimer County Policy Plan is discussed with City Council, the Council will be asked to file an objection to the emphasis on metropolitan districts that are in the area, because of the revenue the City might possibly lose. Mr. Krempel stated that in Janesville, Wisconsin, the same problem of urbanizing and creating a megalopolis existed as in Fort Collins, except the City was not surrounded by water and sewer districts. He presented a regional development guide map to the Water Board that was adopted by Janesville, which 4s almost the same as the County's proposed development policy. They created.a system that there would be growth only in established areas where sewer and water and other public services were available. With this in mind, he tried to conceive of a way to keep Fort Collins and Loveland from growing together, but he could -4- see no way to prevent this. He then decided to deal with the problem by looking at existing conditions. There is -no problem pumping water, but there is a problem pumping sewage, lie felt that furnishing sewer was the dominate control. Mr. Krempel made a presentation to the Water Board with a map showing the areas that can be furnished with sewer by gravity, where there is adequate size and capacity of mains for development at the current densities. He also showed those additional areas that can be served by gravity that extend south of Harmony Road, should the development density be slightly less than present or new trunks be extended to the area. He indicated on a profile of Harmony Road the 250 feet of fall in elevation from Taft Hill Road east to the Fossil Creek Inlet. Beyond these areas, the City must pump the sewage. He pointed out the areas that both the City and the South Fort Collins Sanitation District can serve with sewer by gravity. That district has already grown into the areas that the City can serve. He indicated an urban service area line that has been discussed with the district. He stated that this is an important line, as it will put the City in a box, but he felt that it could still give the City some room to grow. He stated that this line has not been agreed upon. Mr. Krempel showed a map of the Fort Collins —Loveland Water District to the Water Board. He stated that he would like to have the same service area line for both water and sewer, but there would be conflict among the district's boundary, the City limits, and the urban service areas. He stated that even after they arrive at a basic service area line, they will still have about a year's work trying to work out the details. Board member Caulfield inquired as to cohere the southern boundary of the South Fort Collins Sanitation District is. Duane Davis, Manager of the district, stated the drainage basin is from the half mile line south of Horsetooth Road down to the Donath Lake area and everything drains into the Fossil Creek Basin at the west end of the Fossil Creek Reservoir; essentially the Fossil Creek Drainage area. The water district serves areas as far south as the north edge of Loveland. The sewer district represents a small portion of the water district. He stated the capacity of his sewer treatment plant is 3 million gallons a day, of which they are only treating 500 thousand gallons a day now. The sewer district represents approximately 800 customers now. Chairman Fischer stated that he and some members of the Water Board had worked with the water and sewer districts several years ago. He continued "So my remarks will not be misunderstood, I fully understand why the districts went in, and I fully understand the necessity, and I fully understand what a good job they are doing, but when you try to figure out how to reconcile their needs with the City's needs, it really is difficult. I am sure your staff is alot smarter than I am, but I sure couldn't find any solution to it. The problem was that every time we found a solution that was acceptable to the water district, it really put the City in a box, and I think the water district felt the same way. For example, if you draw a service area, then what do you say when you get down to that boundary, is that the City limit? If it isn't, how do you justify letting people come into the City that can't get City water when they are paying taxes for same of the things that we are doing. And so you get into all kinds of philosophical, legal, and policy questions. I had basically come to the conclusion some time ago that things have probably gone so far with the growth of the water districts, I think primarily they were all floating new bond issues then, which is why we were trying Q.12 so hard, as you remember, to solve it then before they got these bond issues, becuase the only thing that we could come up with is some way to buy them out and take it over, and now it is so expensive that that doesn't seem to be a practical solution. So I kind of despair of your finding a solution that I would be inclined to vote for just becuase I have tried in the past and I never could find one that was acceptable to the water districts. I suppose I have a prejudice, if you come with a plan that you say would be acceptable to the water districts, I would suspect that I would be against it, because I probably already considered one that was so similar to it, and yet it really is a problem. I wish there were a solution and I encourage the effort, and that is why we have our committee to try to work it out, and I hope we can find it. It is going to be even more difficult than you imagine." Mr. Davis stated that it isn't really a problem between the City Utilities and the rural utilities, but with the growth management. The only growth that is being allowed is in the area that they both serve; therefore two districts are looking at the same source of income the City is. Chairman Fischer stated he felt the City made a mistake by not building the Sewer Treatment Plant No. 3, which would have given the City some sewage control there, but without that capability, it is an entirely different problem now. Mr. Davis discussed the district's water lines, raw water supply, water treatment plant, water and sewer rates, and tap fees. Mr. Brunton stated that he could not recall the City Council ever approving or disapproving a Sewer Treatment Plant No. 3. Chairman Fischer stated that in the summer of 1973, the Water Board recommended to the City Council a capital improvement program which included a Plant No. 3, but the City Council rejected the recommendation to include the plant as part of a long range project. City Manager Brunton stated that as a revision of the capital program, it was felt that about 20 to 30 million gallons of elevated water storage was needed, and this will be brought to the Water Board for discussion. He stated that this could conceivably change the blue line. Board member Caulfield stated that there is a Growth Management Task Force sponsered by DT2 and the Planning and Zoning Board, and there will be a public meeting on June 2 on their goals and objectives statements. He stated he is the Chairman of the Land Use Subcommittee, which has been concerned with the area outside the City and urban service areas in a broader sense then the concept of relating it to water and sewer. He stated that the Water Board and his committee should meet to relate these two together. Mr. Brunton stated that it is critical that the Water Board's Utilities Subcommittee, the Utility Task Force, the Land Use Subcommittee, and any other growth committee to meet in about 2 weeks, and requested Mr. Krempel to set up that meeting.. Staff Report Mr. Krempel stated that the projects are going smoothly and there are no major problems. Adjournment There being no further business, the meeting adjourned. Secreta L