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HomeMy WebLinkAboutWater Board - Minutes - 04/19/2012Water Board Minutes April 19, 2012 1 Fort Collins Utilities Water Board Minutes Thursday, April 19, 2012 Water Board Chairperson City Council Liaison Steve Balderson, 223-7915 Wade Troxell, 219-8940 Water Board Vice Chairperson Staff Liaison Steve Malers, 484-1954 Brian Janonis, 221-6702 Roll Call Board Present Chairperson Steve Balderson, Vice Chairperson Steve Malers, Board Members Duncan Eccleston, Brett Bovee, Liesel Hans, Lori Brunswig, Phil Phelan, Eric Garner, Meagan Smith, and Becky Goldbach Board Absent Board Member Brian Brown Staff Present Jon Haukaas, Brian Varrella, Ken Sampley, Kevin Gertig, Jenny Lopez Filkins, Mark Kempton, Marsha Hilmes-Robinson, Shane Boyle, Donnie Dustin, Robin Pierce, and Harriet Davis Guests Clifford H. Hart, Lucy Dipboye, Britt Kronkosky, and Kathy Richmond Meeting Convened Chairperson Balderson called the meeting to order at 5:34 p.m. Public Comment Britt Kronkosky introduced himself to the board members. Mr. Kronkosky is serving as a liaison to the Water Board on behalf of the Energy Board. The new Energy Board will advise City Council on policy related matters related to renewable energy and energy conservation. As a board liaison, Mr. Kronkosky will visit the Water Board meetings on a routine basis. He believes the two boards share a connection since water usage has a direct impact on energy usage. Executive Session Regarding Variance Request Process Vice Chairperson Malers moved, under Sections 2-71(b), and 2-31(a)(2) of the City Code, that the Water Board go into executive session to receive legal advice regarding procedure for handling a variance request. Board Member Brunswig seconded the motion. Vote on the motion: The motion passed unanimously. Chairperson Balderson called the executive session to order at 5:43 p.m. Board Members Present Chairperson Steve Balderson, Vice Chairperson Steve Malers, Board Members Liesel Hans, Becky Goldbach, Eric Garner, Meagan Smith, Brett Bovee, Phil Phelan, Duncan Eccleston, and Lori Brunswig Staff Present Jenny Lopez Filkins, Ken Sampley, Jon Haukaas, and Harriet Davis Water Board Minutes April 19, 2012 2 Chairperson Balderson stated the executive session is held for the purpose of receiving legal advice regarding procedure for handling the variance request pursuant to Sections 2-71(b), and 2-31(a)(2) of the City Code. Chairperson Balderson stated all discussion by the participants should be confined to the purpose of the executive session. No legislative action shall occur during the executive session. Assistant City Attorney Jenny Lopez Filkins stated that in her legal opinion the subject matter of the executive session is attorney-client privileged and the recording device should be turned off during the discussion. The recording device was turned off. Chairperson Balderson adjourned the executive session at 5:58 p.m. The following individuals were present at the executive session: Board Members Present Chairperson Steve Balderson, Vice Chairperson Steve Malers, Board Members Liesel Hans, Becky Goldbach, Eric Garner, Meagan Smith, Brett Bovee, Phil Phelan, Duncan Eccleston, and Lori Brunswig Staff Present Jenny Lopez Filkins, Ken Sampley, Jon Haukaas, and Harriet Davis Ms. Lopez Filkins stated the date as April 19, 2012. Chairperson Balderson reminded the board members that any information provided in the executive session is to be maintained as confidential. The board returned to the open meeting. Variance Request for Expansion of an Existing Basement in a Floodplain – 912 West Magnolia This item was recorded by a court reporter (transcript available upon request). The following staff members spoke: Brian Varrella, Jenny Lopez Filkins, and Ken Sampley The following board members spoke: Steve Balderson, Steve Malers, Eric Garner, Lori Brunswig, Brett Bovee, Duncan Eccleston, Meagan Smith, Phil Phelan, and Liesel Hans The following individual spoke on behalf of the applicant: Clifford H. Hart Vote on the motion: It passed unanimously. Board Member Eccleston moved approval of the variance, subject to the four conditions noted under Option No. 2 as described in the Staff Report regarding this variance. It is based on the record and for the reasons identified in the Staff Recommendations, it has been shown that the variance with described four conditions 1) is the minimum necessary considering the flood hazard, to afford relief; 2) that there is good and sufficient cause for the variance to be granted; and 3) the granting of the variance will not result in any increased flood heights, any additional threat to public safety or to public or private property, any extraordinary public expense, any nuisance or trespass, any fraud on or victimization of the public, or any conflict with existing local laws or ordinances. Board Member Phelan seconded the motion. Water Board Minutes April 19, 2012 3 Approval of March 15, 2012 Minutes Board Member Brunswig moved to approve the minutes of the March 15, 2012 meeting. Board Member Garner seconded the motion. * Board Members Bovee, Eccleston, Goldbach, and Malers abstained from voting due to their absence on March 15. Review Stormwater Master Planning Efforts (Attachments available upon request). Chairperson Balderson gave members of the Engineering Committee an opportunity to share their thoughts on the presentation staff shared with the committee in February and March. Vice Chairperson Malers stated the information provided to the Engineering Committee was very helpful. The other members of the committee reiterated his thoughts. Water Engineering and Field Operations Manager Jon Haukaas introduced the item. He also introduced Stormwater Master Planning Manager Mark Kempton and Civil Engineer Shane Boyle. This item was originally presented to the Water Board in January 2012. It will be presented at the City Council Work Session on April 24, 2012. Stormwater Repurposing City Council requested a review of the Stormwater Program in October 2008. Council directed that additional emphasis be placed on improving stormwater quality and protecting the City’s urban watersheds while preserving natural and beneficial functions of floodplains. Mr. Kempton gave background information on the presentation focus: 1. Summary Information  Urban Stream Health Assessment  Basin-Specific Best Management Practices (BMPs) Selected Plans  Stream Restoration and Stability Study 2. Multi-Criteria Decision Analysis (MCDA) tool for Stream Restoration project prioritization 3. Funding Methodology for SW Projects Urban Stream Health Assessment Mr. Kempton presented information on the results and recommendations. A minimum of 40 percent of a watershed should be developed or have BMP facility coverage. Basin-Specific BMP Selected Plans Work Completed/to be completed as part of the update includes:  Hydrologic model updates (Complete)  Hydrologic sensitivity analyses (Complete)  Conceptual BMP/Water Quality phase (Complete)  Triple Bottom Line (TBL) Analysis (Complete)  Selected Plan (In Progress) Mr. Kempton presented a sample map on Fossil Creek-BMP Selection. Water Board Minutes April 19, 2012 4 Stream Restoration/Stability Study Work completed/to be completed as part of the update includes:  Geomorphic Assessment (this assessment looks at the stability of the stream)  Identify geomorphic thresholds (Complete)  Multi-Criterion Decision Tool (In Progress)  Stream Restoration Prioritization (Pending) Mr. Kempton presented a sample MCDA Tool for Spring Creek and Clearview Channel. Environmental Criteria include the following:  Habitat Improvement Potential  Fish Passage Benefit  Habitat Connectivity Benefit  Watershed-Scale Benefit Economic Criteria include the following:  Engineering Analysis/Design  Land Acquisition  Construction Costs  Maintenance Costs/Access  Practicality/Constructability Social Criteria include the following:  Aesthetic Improvement  Public Safety Improvements  Neighborhood Character/Acceptance  Education/Outreach Opportunities The MCDA tool is a collaborative effort. The sub-criteria, weights, and scores within the tool will be developed in collaboration with staff from across several departments, as well as staff from Colorado State University (CSU), Water Board members, Natural Resources Advisory Board members, Wildland Volunteers, and individuals from Save the Poudre. Board discussion: Are the subjects weighted within the MCDA tool? Yes, the sub-criteria are weighted. Can “economic benefit to the City” be added as a criterion? Yes, criteria can still be added to the tool. Stormwater Capital Project Funding Methodology This will provide Utility staff with a process on which to base recommendations to City Council for funding the design and construction of stormwater capital projects. There needs to be a method to determining the priorities. Goals  Objective and easy to understand  Recognition of competing values (life safety, property protection, beneficial functions of streams, nature corridors, cost effectiveness, and accountability)  Improve environmental ethos of the City Water Board Minutes April 19, 2012 5  Continue to address flood protection needs Projects Funding Needs  City redevelopment projects  Cooperative Intergovernmental Agreements (IGAs)  Meet regulatory requirements  Flood protection and mitigation projects  Stream health and restoration projects  Water quality BMP installations and retrofits Scope of the Problem Approximately $4 million are currently available for capital projects. There are approximately $234 million in “needs” (thus creating a 50-60 year plan). This includes $141.5 million in flood protection and mitigation projects, $53.4 million in stream restoration projects, and $35.5 million in unranked projects. Where should the money go? How do we prioritize needs? It is difficult to impossible to “rate” or “rank” life-safety and property protection versus water quality and stream health. There is no good source for economic value measurement. Separate Prioritization Dedicated Funding Create a scheme of three “sub-funds”:  Unranked project needs  Flood projection and mitigation (Water Quality BMPs)  Stream Restoration (Water Quality BMPs) Flood Protection and Mitigation Projects Prioritization Flood protection and mitigation projects have a long standing approved prioritization criteria based on three primary factors:  Number of structures removed from the floodplain  Benefit to cost ratio  Number of street over-toppings eliminated Mr. Haukaas presented sample calculations showing the removal of structures from the floodplain. Sample damage estimate calculations and street over-topping calculations were also presented to the board. Funding Scenarios Mr. Haukaas presented information on the funding scenarios that will be presented to Council. Other Considerations The costs are conceptual estimates and will change at the time of design and construction. Staff must look at which projects have a reliance on other projects. New projects will change the funding available and the timing of when things can be built. This is not effective for long range planning. Water Board Minutes April 19, 2012 6 Other Options Mr. Haukaas presented other options to accelerate the process, including changing the “pay-as- you-go” philosophy or increasing the stormwater fees to fund more projects. This is not recommended and no rate increases are planned at this time. Final Thoughts All the percentages described can be changed. Staff has presented a system that provides a balanced approach to funding the various needs, while trying to create some structure and transparency for the public to process. General Direction/Specific Questions  Does Council have questions regarding the prioritization models?  Does Council have a preference on the funding scenario to be used for our recommendations of projects?  Do the processes presented meet the expectations of Council for improving the environmental focus of the Stormwater Program as directed from the repurposing effort? Board discussion: Is someone within the City looking at the “big picture” in regards to bonds? Mr. Haukaas stated this is being reviewed by the City’s Economic Health Department. A board member asked for clarification on the $4 million available for capital projects. This amount is what is available after other costs are removed (operation and maintenance costs, transfers to other departments, etc.). The remaining amount is for capital improvement projects. A board member questioned economic development projects since these are not part of the Budgeting for Outcomes (BFO) process. Mr. Haukaas stated that stormwater fees are not only for life safety, but also include water quality improvements and providing Adequate Public Facilities for the management of stormwater runoff. Improved life safety, improved water quality, and adequate drainage facilities all lead to better economic health for the City. A board member asked about the Dry Creek Basin project. Mr. Haukaas stated that Dry Creek Basin has been completed. Will the Master Plans be presented to Council? The Master Plans will be presented to Council in fall 2012. Council will not approve the projects except as they are brought through the budgeting process. ** Board Member Garner departed the meeting at 8:15 p.m. A board member questioned if existing water quality problems can be incorporated into the MCDA tool. This is currently part of the criteria. Board Member Bovee moved that the Water Board approve the efforts and processes of City staff for Stormwater Planning and Funding, including approval of the process being used by staff to develop a Multi-Criteria Decision Analysis Tool including the rating criteria and explanations for use as the method to evaluate and prioritize Stream Restoration projects, and approve the concept of dividing funding for Capital Improvement Projects targeted at flood protection and mitigation, stream restoration and health, and unplanned opportunistic projects. Board Member Smith seconded the motion. Water Board Minutes April 19, 2012 7 Vote on the motion: It passed unanimously. The board members discussed submitting a memo to Council supporting the Stormwater Master Plan revisions. Vote on the motion: It passed unanimously. Committee Reports Conservation and Public Education Committee (Board Member Phelan): The committee met on April 11. Committee Chair Phelan e-mailed the meeting notes to the board members. Engineering Committee (Board Member Balderson): No report. Legislative, Finance, and Liaison Committee (Board Member Goldbach): Committee Chair Goldbach contacted Dr. Larry Roesner about graywater tours. The next committee meeting is scheduled for April 26. Water Supply Committee (Board Member Bovee): The committee met on April 17 to discuss the Water Supply and Demand Management Policy with staff. The policy is scheduled for the July Water Board meeting. Vice Chairperson Malers suggested moving Committee Reports and Staff Reports towards the beginning on the agenda. Staff concurred with this suggestion. These items will be moved for the May agenda. Water Board Periodic Review (Attachment available upon request). Chairperson Balderson presented this item to the board. Chairperson Balderson and Vice Chairperson Malers will complete a draft of the document. This will be e-mailed to the other board members for their review and input. The draft copy will be included in the May meeting packet. The review is due to the Clerk’s Office no later than June 1. Staff Reports Monthly Water Resources Report Water Resources Manager Donnie Dustin provided this report for the agenda packet. The water supply is good. The Colorado Big Thompson (CBT) system is full and a 90 percent quota was allocated last Friday. Other Business None Future Agenda Items None Board Member Eccleston moved that the Water Board submit a memo to Council in support of the Stormwater Master Plan revisions. Board Member Goldbach seconded the motion. Adjournment The meeting was adjourned at 8:40 p.m. Submitted by Harriet Davis, Administrative Assistant, Fort Collins Utilities Approved by the Board on IT) a/ I . 2012 Signed: Board Secretary Date Water Board Minutes 8 April 19, 2012