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Home My WebLink AboutWater Board - Minutes - 12/01/2005City Council Liaison David Roy Staff Liaison DeEtta Carr 221-6702 Fort Collins Utilities Water Board Minutes Thursday, December 1, 2005 Water Board Chairman Ted Borstad 226-6158 Secretary Leslie Mooney 416-2703 Roll Call: Board Present: Chairman Ted Borstad, Steve Balderson, John Bartholow, Eileen Dornfest, Jim Finley, Gina Janett, Rami Naddy, Reagan Waskom and Doug Yadon Absent: Board members Johannes Gessler and Debra Sweetman Visitors: Rusty Collins, Eric Eidsness, Doyle Gardner, Wyatt Knutson, Ron Lautzenheiser, Monica Sweere and Stuart Thomas Staff. - Patty Bigner, Dennis Bode, DeEtta Can, Carrie Daggett, Sharon Held, Jim Hibbard, Marsha Hilmes-Robinson, Brian Janonis, Tiana Jennings, Gale McGaha-Miller, Leslie Mooney, Sue Pacquette and Bob Smith. Meeting Convened Chairman Borstad called the meeting to order at 3:05 p.m. Public Comment There was no public comment. Approval of Minutes of October 27, 2005 Meeting Board member Doug Yadon made a motion, seconded by Board member John Bartholow to approve the minutes of the October 27, 2005 meeting. The motion passed unanimously. Stormwater Ouality Annual Report Kevin McBride, Senior Stormwater Engineer, gave an overview of the accomplishments of the Stormwater Utility for the past year. The newest program this year is the routine maintenance and operation of individual retention ponds all over town. .1�I Water Board Meeting Minutes December 1, 2005 Page 2 The Board asked about stormwater quality monitoring. Kevin replied that there is no requirement to monitor stormwater quality with the City's stormwater permit. However, streams and rivers are monitored monthly in association with the wastewater discharge permit which is funded from the Wastewater Utility. Chairman Borstad thanked staff for the presentation. Floodplain Variance for Old Town North Development Assistant City Attorney Carrie Daggett advised the board on the proper legal process for a variance request. Monica Sweere, Project Manager for Old Town North, requested a copy of the written information provided from the City Attorney's Office to the board. Assistant City Attorney Carrie Daggett indicated that the documents constituted attorney -client privileged material, and Chairman Borstad denied the request. Board member Gina Janett stated that in October she participated in a focus group for this project concerning commercial/retail development. The focus group had no discussion of any floodplain regulations so she felt it was not a conflict of interest to participate and asked if any board members had any objection or concern. No board members expressed objections or concerns. Board member Jim Finley asked to excuse himself from the discussion as he may have a conflict of interest. Jim Hibbard, Water Engineering and & Field Services Department Manager, explained that the project is located north of Vine Drive and east of College Avenue. It includes plans for over 200 single and multi -family structures and was approved through the City's development review process in 2002 at which time it was in both the FEMA and City designated Dry Creek floodplains. The development plans included substantial amounts of fill and a requirement to elevate the lowest floor of all structures 18" above the flood level. In 2005, after general site grading was completed, the developer made application to FEMA for a Letter of Map Revision based on Fill (LOMR-Fill). On October 6, 2005, FEMA issued a LOMR- Fill for the development removing it from the 100 year floodplain. As part of this process, the City signed the community acknowledgement form on the LOMR-Fill application requiring all future structures in this area meet the City's elevation requirements. The City based this requirement on Section 10-113 of the City Code that requires all structures constructed in the LOMR-Fill area meet the elevation requirements of Section 10-37 of City Code. The applicant is seeking a blanket variance from all of the floodplain requirements of Chapter 10 of City Code. Mr. Hibbard stated that the Dry Creek Flood Control Project is currently being constructed and should be substantially complete by the spring of 2006 at which time the proposed development will be completely out of the 100 year floodplain. Water Board Meeting Minutes December 1, 2005 Page 3 Monica Sweere, Old Town North Project Manager, distributed a table depicting the water surface elevations of the project under various 100 -500 year flood scenarios and stated all elevations exceed the City Code requirements even without the Dry Creek Flood Control Project improvements. Chairman Borstad requested that any visitors that wished to speak on the topic do so at this time. Rusty Collins, Real Estate Broker with the Group, Inc., stated that in his opinion this project was safe for people and good for the community. Eric Eidsness, consultant to Old Town North and city resident, asked if FEMA reviewed the City's floodplain ordinances for sufficiency. Carrie Daggett replied that FEMA requires that the City ordinances meet or exceed the FEMA regulations. Ron Lautzenheiser, Chairman of the Citizen's Advisory Group of the Urban Renewal Authority (URA), commended the City for investing the $9 million into the Dry Creek Project. He stated that it has probably had the most significant impact on the north Fort Collins area in twenty five years. He stated that the URA requests that the City allow the proposed development to be built. Board member Bartholow asked Jim Hibbard if he agreed with the elevations that were presented by Monica Sweere. Jim replied that he had not looked at the elevation of every lot compared to the table but based on his discussions with staff he would concur with what Monica Sweere said. The Board questioned whether all other fire code requirements had been satisfied for the development. Jim replied that all requirements had been met through the City's development review process. He clarified that the variance request is for the lots within the boundary of the LOMR fill area, not including the six lots on the fringe of the floodplain. Board member Gina Janett made a motion to support the staff recommendation to adopt variance option 42 — Grant the variance to remove all of the provisions of City Code Chapter 10 for the Old Town North Development removed from the FEMA Floodplain by the October 6, 2005 LOMR-Fill for the reasons stated: - FEMA Issuance of LOMR-Fill removing the site the FEMA floodplain and deemed a matter of local concern - Dry Creek Flood Control Project will remove the site from all 100 year floodplains - Site geotechnical analysis on flood impacts to ground water inflow determines flooding of little concern Board member Reagan Waskom seconded the motion. Gina added that it was her hope that the process could be clarified so that people trying to do infill in the City don't get caught in this situation again. i • r---OWacarBoard Mectillg December 1, OOS Page 4 Chairman Borstad noted that he will be supporting the motion because the 1 S" infill requiremen will not apply by 2007 when the Dry Creek Project is complete. Board member John BarthOlOw stated that what we are doing is privatizing the benefits and socializing the risks and the costs. Chairman Borstad called for a vote. The motion passed unanimously. Monica Sweere commented on the agenda item. She recotnmenri the same way that the code hat FEMA modified so that the General Manager has the option to remap the property remapped the property or to waive the code requirements under these circumstances. She withdrew her request to appeal the decision of the General Manager since her variance was approved by the Board. Committee Reports Legislative Finance Liaison Issues_John Bartholow mentioned that they have not met but the water rate issue must be discussed before the City Council meets on January 10n'. The committee agreed to meet and discuss water rates. Other Business Jim Finley's Appreciation - Chairman Borstad presented Board member Jim Finley with a Letter of Appreciation and thanked him for his time and service on the Water Board. 2006 Workplan -Chairman Borstad mentioned that he and Vice Chairman Doug Yadon met with City Council Liaison David Roy and explained the 2006 Work plan. City Councilman Roy had expressed his appreciation for the Water Board's input on issues. Changing Meeting Times - Board member Gina Janett suggested that the meeting times be changed to later in the evenings so that more citizens can attend. Adiournment Board member John Bartholow made a motion, seconded by Board member Reagan Waskom t adjourn. The motion passed unanimously. The meeting was adjourned at 5:26 p.m. at-i& GLO DeEtta Carr, Water Board Liaison