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HomeMy WebLinkAboutWater Board - Minutes - 05/24/2001FORT COLLINS WATER BOARD MINUTES May 24, 2001 3:09 - 5:00 p.m. City Council Liaison Chuck Wanner Staff Liaison DeEtta Carr - 221-6702 ROLL CALL Fort Collins Utilities Training Room 700 Wood Street Water Board Chairman Water Board Vice Chair Tom Sanders - 491-5448 John Morris - 491-0185 Secretary Kim Vondy - 282-6900 Members Present Tom Sanders, Chairman; John Morris, Vice Chairman; David Frick, Thomas Brown, Paul Clopper, David Lauer, Joseph Berquist, Staff Marsha Hilmes-Robinson, Jedd Sondergard, Wendy Williams, Mike Smith, Dennis Sumner, Bob Smith, Dennis Bode, Kim Vondy, Gale McGaha-Miller, Patty Bigner, Jim Hibbard Assistant City Attorney Carrie Daggett Guests Greg Evans, D.D.S. — Larimer County Dental Society, Bruce Cooper M.D. - Poudre Health Services District, Adrienne LeBailly, M.D. - Director of Larimer County Health, Frank Vertucci, PhD - Larimer County Board of Health, Kile Snider, P.E. - The Engineering Company, Polly Anderson - Poudre Health Services District, Mr. Fred Baca Members Absent Bill Fischer, Rami Naddy, Ted Borstad, Robert Ward MEETING OPENED Chairman Tom Sanders opened the meeting. The following items were discussed: MINUTES APPROVED David Lauer made a motion to approve the minutes with one change to add him to members present, Paul Clopper seconded the motion. Motion carried. UPDATE: NORTHERN COLORADO WATER CONSERVANCY DISTRICT (NCWCD) Gene Schleieer Not present - no report. FORT COLLINS WATER B(. .RD MINUTES MAY 24, 2001 PAGE 2 POUDRE RIVER FLOOD PLAIN VARIANCE- 304 E. Lincoln Ave. - Marsha Hilmes- Robinson Explanation of Procedures for Variance Hearing Carrie Daggett, Assistant City Attorney, instructed Board members regarding the items to keep in mind during a variance hearing: 1) Who's going to speak 2) Public positions 3) Community involvement. Ms. Daggett also pointed out that staff needs to keep in mind the facts being presented, key provisions and City Code section 10-39 (a). Staff Presentation - Variance Hearing Marsha Hilmes-Robinson reminded the Board that this was the same property presented at an earlier variance hearing, but with some changes. Ms. Hilmes-Robinson pointed out that between the Lincoln and Linden Street bridges there is a breakout of the Poudre River, commonly known as the Oxbow site. The water spills over, flows down Lincoln Avenue and then sheet flows back to the river. Ms. Hilmes-Robinson noted that the subject area, 304 E. Lincoln, is right in the middle of the overflow section. As part of the Floodplain Regulations that were passed by City Council last year for the Poudre River, one of the regulations is cited in the City Code 10-61 2(b). This section of the code, which relates to residential construction and additions, prohibits additions to residential structures in the floodplain, floodway or product corridor. The applicant has requested a variance to allow constructing a residential addition in the Poudre River floodplain area. The new variance would increase the size of the addition that was approved in the previously granted variance. Ms. Hilmes-Robinson reminded the Board that the existing house is one room plus a bathroom with a total square footage of 456 square feet. The applicant would like to build an addition on to the back of the house. The addition would be all one level and would be approximately 865 square feet. It would consist of a kitchen, master bedroom, master bath, and another bedroom. The applicant said he will elevate the new addition 2-ft. above the 100-year water surface elevation in order to meet the freeboard requirements for the Poudre River. The applicant and his wife do not plan to have additional people living in the structure. Ms. Hilmes-Robinson added that because the applicant's property is currently on a septic tank that is located where the addition is planned, the City has agreed to extend the sewer main. There are three possible ways to extend the sewer, and a decision has not yet been made as to which would be best. Until the sewer is designed, the City cannot guarantee that this is a workable option. The applicant will be responsible for paying the plant investment fee and paying his contractor to make the connection from his house to the main sewer line. Ms. Hilmes-Robinson explained that the property is located in the FEMA designated 100-year Poudre River floodplain. The flooding is due to a breakout of the Poudre River between Lincoln and Linden Streets. The 100-year discharge is 403 cfs and the 500-year discharge is 3,911 cfs. The 100-year velocity is 1.5 ft/sec and the 500-year velocity is 3.5 ft/sec. The ground elevation is 4,944 ft. and the 100-year water surface elevation (BFE) is 4,944.7 ft and the 500-year water surface elevation is 4,946.6 ft. Ms. Hilmes-Robinson added that when the new Poudre River floodplain regulations were adopted, a resolution was passed to pursue construction of a levee at Buckingham Park in order to protect the Buckingham neighborhood from flooding. If the levee were constructed, it would remove this FORT COLLINS WAR BOARD MINUTES • PAGE 3 MAY 24, 2001 property from the floodplain. At this time, the design of the levee is on hold because negotiations with property owners for a needed easement have stalled, and it is unclear when the levee will be constructed. Applicants Presentation Mr. Baca stated that he was asking the Board to grant him a building permit to build onto his house. He added that he feels that he has enough reasons, issues, and hardships to be granted a permit. Mr. Baca explained that he lives in a one -room house that serves as his living room, dining room, kitchen and bedroom. His reasoning for wanting an upstairs in the first place is because he didn't have enough room in his yard to go back any further than one room because of his septic system and leach field. Now that the City is going to extend the sewer system to his house, he will hook up to the City sewer and do away with his septic system and leach field. The ground floor of the addition would still be elevated above the flood zone. Questions Paul Clopper asked Mr. Baca to explain his understanding of the dike. Mr. Baca stated that his understanding was that the City intended to build it, and that Kiefer had bought the land and wants to rezone it, but won't until the dike is built. Ms. Hilmes-Robinson explained that she understood the project to be on hold. Mike Smith stated that although this is a high priority, the City hasn't been successful in trying to purchase the property. Tom Sanders suggested that eminent domain might be appropriate. Staff Variance Options Ms. Hilmes explained that there are two variance options for the Board to consider: Option #1: Deny the variance request based on the regulation adopted in City Code, thereby not allowing development of the proposed addition. The previously approved variance (2-story addition - 416 square feet on ground floor) would still be allowed. Option 42: Grant the variance request, thereby allowing development of the proposed addition (I - story addition - 865 square feed) in the Poudre River Floodplain, with the following conditions: 1. The new residential structure is elevated 2 feet above the 100-year flood elevation. 2. That it is feasible for the City to construct the sewer line extension in order to serve this property and others currently on septic tanks in the area. This cannot be determined until the sewer is designed. 3. The applicant pays the plant investment fee. 4. The applicant agrees to be responsible for the construction and cost of the sewer service from his house to the main sewer line. 5. It is understood that the previously approved variance of March 21, 2001 and this variance cannot be combined. This variance would allow construction of 865 square feet total. A second floor could only be constructed if the total square footage of both floors of the addition is equal to or less than 865 square feet. Staff Recommendation Staff recommends variance Option #2, to grant the variance with the listed conditions. Staff feels that this is a unique circumstance, considering Mr. Baca's house is only one -room without a bedroom. Mr. Baca has agreed to elevate the addition the required 2 feet above the 100-year flood elevation, thus the new bedroom will be safer than the current sleeping area. Ms. Hilmes-Robinson FORT COLLINS WATER Be. _RD MINUTES PAGE 4 MAY 24, 2001 added that when this regulation was adopted, it was with the understanding that the Buckingham levee would be constructed, taking this area out of the floodplain. Had this happened, the regulations would not apply. Since the levee project is not progressing as planned, this is a circumstance that should be factored into the variance request. In addition, Ms. Hilmes-Robinson explained that the change from a two-story addition of 416 square feet on the ground floor to a one-story addition of 865 square feet would not result in much difference in water -surface elevation rise. She added that if Mr. Baca were to have proposed the one story addition originally, staff would have recommended granting the variance. Ms. Hilmes-Robinson added that the staff recommends including an additional provision to Option #2: The applicant agrees to comply with the provisions of the Zoning ordinance, Building Code, all other applicable sections of City Code, Land Use Code, City Plan, and all other laws and ordinances affecting the construction and occupancy of the proposed project. In response to questions from Tom Sanders, Mr. Baca stated that he has agreed to remove the septic tank and leach field and the structure would be placed on a concrete slab without a basement. Action: Motion and Second Joe Berquist made a motion to accept the additional provision, Paul Clopper seconded the motion. Discussion Mr. Baca further added that he was in favor of hooking up to City sewer and staff recommendations. Vote Passed unanimously. Adjustment to the Raw Water Requirement - Cash In -Lieu -of Rate Dennis Bode explained that when satisfying the City's raw water requirements, developers have the option of paying cash or turning over water rights. The cash rate, in -lieu -of water rights, is periodically adjusted to reflect the market price of water rights or the cost of developing additional water supplies in this area. The last adjustment to the City's cash in -lieu -of rate was made in August 2000, when it was increased from $3,500 to $4,500 per acre foot. The Water Board's Water Supply Committee met on May 11 to discuss adjusting the current rate. Mr. Bode pointed out that since January of 1998, the price of Colorado -Big Thompson (CBT) units has increased from about $2,800 per unit to about $15,000 per unit, recently stabilizing at about $11,000 per unit. He referred to a graph showing how the price of CBT water, North Poudre Irrigation Company shares, and the City's cash in -lieu -of rate compared over time. Many other communities and water districts in this area have relied heavily on CBT water and have tied their cash in -lieu -of prices to CBT prices. Many of the cities and water districts in this area continue to have cash rates that exceed $10,000 per acre foot. FORT COLLINS WAW BOARD MINUTES PAGE 5 MAY 24, 2001 It was explained that the cash rate needs to be set at a level such that the City can continue to purchase or develop enough water to meet the water demands of new development. Local developers that build in the City of Fort Collins Water Utility service area can turn over shares in a number of local irrigation companies to satisfy raw water requirements. Because of this, it is appropriate to focus on the cost of acquiring local stocks or developing other local projects when adjusting the City's cash in -lieu -of rate. Since the price of many existing water rights has more than tripled in just a few years, the cost of developing alternative projects has become more competitive and attractive. Mr. Bode compared the cost of several projects that indicated that the cost of developing them may be in the range of $3,000 to $5,000 per acre foot of firm yield. However, because these types of projects take several years to complete and face other uncertainties, it is appropriate to add a risk factor to them. Taking these factors into consideration, the staff believes that a change in the cash rate from $4,500 to $6,500, as suggested by the Water Supply Committee, is appropriate. The City Code provides that nonresidential customers shall pay a surcharge on any amount of water used in excess of their annual allotment, which is determined by the amount of raw water they provide to the City. This charge is based on the in -lieu -of cash rate and is presently $2.12 per thousand gallons. Using the proposed cash rate, the revised surcharge would be increased proportionately to $3.06 per thousand gallons. Tom Brown confirmed that the Water Supply Committee supported changing the cash rate to $6,500 per acre foot and explained some of the committee's deliberations. Joe Bergquist asked if the committee had considered increasing the rate even more. Mr. Brown explained that although other entities are charging above $10,000 per acre foot, the proposed $6,500 is supported by cost estimates of developing other supplies. He added that while it is not our role to subsidize new development, he felt comfortable with the proposed change based on storage costs. In response to a question, Dennis Bode pointed out that most cities are no longer getting much CBT water and are looking more towards acquiring other supplies. For Fort Collins, there is a need to develop some additional storage capacity in order to more effectively use the water rights currently owned. Tom Brown made a motion to recommend to City Council that the cash rate be raised from $4,500 to $6,500 and the raw water surcharge be increased from $2.12 to $3.06 per thousand gallons. David Lauer seconded the motion. Chairman Sanders put the vote before the Board, which passed unanimously. Fluoridation of the Citv's Water Supply Chairman Sanders asked the guests whether or not they would like to speak to this issue. Greg Evans, Bruce Cooper, and Adrianna Bailey responded. Chairman Sanders made reference to the letter he addressed to Mayor Martinez. Tom Brown stated that he was perplexed by what he has read, was unclear as to the Board's role and confused about the procedure. Mike Smith suggested that the Board talk to the Council Liaison and added that the Council would like to get a sense of how the community feels about this issue. After some discussion on the Natick Fluoridation Study, it was decided that staff would check on copyright issues with this report. FORT COLLINS WATER BC, .t2D MINUTES __ PAGE 6 MAY 24, 2001 Mike Smith noted that he would be the PR contact, Gale McGaha-Miller will be the technical advisor, Wendy Williams and Patty Bigner will be in charge of public outreach. Mr. Smith added that the long-term goal is to obtain as much factual information as we can. Tom Brown noted that he thought that the letter Chairman Sanders sent to Mayor Martinez was good and it would be a good idea to send a copy to the newspaper. Chairman Sanders responded that he did+not want to do so at this time. Guest Comments Greg Evans, representing the Larimer County Dental Society, reported that the Dental Society feels that fluoride is important. Mr. Evans also stated that Natick, MA is kind of a hot bed for anti - fluoridation and that Natick did decide to fluoridate. Mr. Evans requested a copy of the meeting packet. Dr. Bruce Cooper noted that the Poudre Health Services District is neither pro nor con on this issue, but rather is pro evidence. He suggested that a task force be formed to look at the scientific evidence, and asked that others including the Poudre Health Services District be invited to participate. Adrianna Bailey MD, Director of Larimer County Health would like to participate on the task force. She stated that, epidemiologists and toxicologists may be needed to help the task force understand the quality of the studies. She noted that the Larimer County Board of Health was discussing appointing a Board liaison to the Water Board, as well as offering to help examine the scientific evidence. Frank Vertucci, Ph.D., Larimer County Health, also noted that this would be discussed at their meeting this evening. Staff Reports • Treated Water Production Summary - Dennis Bode: Noted handout in packet. • Larimer County Ag. Board Meeting - Dennis Bode: No report. Committee Reports • Conservation and Public Education - David Lauer: Discussed bottled water. Other Business Update on Horsetooth. Recap of Tri-City Meeting Attended by Joe Berquist, David Lauer, Bill Fischer, David Frick, John Morris, Tom Sanders, Dennis Bode and Wendy Williams. David Lauer invited everyone to the 151h Annual Riverfest on June 2"d Meeting adjourned at 5:00 p.m.