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HomeMy WebLinkAboutWater Board - Minutes - 03/20/2014Water Board Minutes March 20, 2014 1 Fort Collins Utilities Water Board Minutes Thursday, March 20, 2014 Water Board Chairperson City Council Liaison Steve Malers, 484-1954 Wade Troxell, 219-8940 Water Board Vice Chairperson Staff Liaison Becky Hill, 402-1713 Kevin Gertig, 221-6637 Roll Call Board Present Chairperson Steve Malers, Vice Chairperson Becky Hill, Board Members Liesel Hans, Andrew McKinley, Duncan Eccleston, Michael Brown, Phyllis Ortman, Lori Brunswig, and Heidi Huber-Stearns Board Absent Board Member Brian Brown Staff Present Kevin Gertig, Adam Jokerst, Laurie D’Audney, Carol Webb, Dan Weinheimer, Lisa Rosintoski, Carrie Daggett, and Harriet Davis Guests Jonathan Carnahan and Rob Cagen Meeting Convened Chairperson Malers called the meeting to order at 5:31 p.m. Approval of February 20, 2014 Minutes Board Member Eccleston moved to approve the minutes of the February 20, 2014, meeting. Board Member Ortman seconded the motion. Vote on the motion: It passed unanimously. * Board Members Brunswig and Brown were not present for the vote. Staff Reports Monthly Water Resources Report Water Resources Engineer Adam Jokerst provided this report for the agenda packet. Water demand is at average and is tracking at or below the normal amount. Poudre River diversions are 75 percent of average. Colorado Big-Thompson (CBT) storage is good. Northern Colorado Water Conservancy District (NCWCD) issued a 50 percent quota. The final quota will be set at the Spring Water User’s meeting scheduled for Wednesday, April 9, 2014. Statewide snowpack is at 116 percent. The Poudre River Basin is at 131 percent of average. Public Comment Rob Cagen, a naturopathic physician and former member of two City boards, shared an excerpt from an article published in The Lancet, a medical journal. The article is on the effects of manganese and fluorine on neurodevelopment. Mr. Cagen feels it is important for the board to be aware of these topics as it relates to the City’s drinking water. He would like the board to consider adding this topic to their work plan for discussion. A board member inquired about the Water Board Minutes March 20, 2014 2 state standards for manganese and fluorine and if the City is exceeding the standards. Interim Utilities Executive Director Kevin Gertig shared the state standards for manganese and fluoride. The City of Fort Collins is below the standard for both. Mr. Gertig stated this topic can be discussed in more detail at a future meeting. Other Business Discussion of the Public Trust Doctrine Chairperson Malers introduced this item. The Colorado Water Congress (CWC) is opposing the ballot initiative that would amend provisions of the state constitution governing water rights. The CWC is asking water providers to pass a resolution to oppose the doctrine. Chairperson Malers feels the Water Board should take a position on this issue. Mr. Jokerst shared some background information on this item:  The Public Trust Doctrine states that certain environmental resources such as water and air are reserved for public use.  The ballot initiative would declare that Colorado’s environment is “the common property of all Coloradoans.” It would also mandate the state prohibit any diversions that would impair the citizen’s resources.  This could disrupt ownership and management of Colorado water and interfere with existing water rights.  Mr. Jokerst shared some benefits to the initiative. These include allowing the state to allocate waters, allowing public access of waterways, and allowing rafters and fishermen access to any stream.  Staff is monitoring the initiatives (Initiatives 89 and 103). The initiatives could impact water supply planning, result in large costs, and impact regional agriculture.  The Cities of Greeley and Pueblo, the Colorado Water Conservation Board (CWCB), and NCWCD are opposing the initiatives.  The CWC has a special project called the Colorado Water Stewardship Project. Its purpose is to ensure that CWC members and water stakeholders are prepared for any ballot initiatives that would disrupt ownership or management of Colorado’s water resources. More information is available at http://cowaterstewardship.com/. Highlights from the discussion:  A board member is interested on how the other entities listed above have taken a position on this issue. Chairperson Malers stated this information is available on the CWC website at www.cowatercongress.org/.  Ms. Daggett stated the City Attorney’s Office will work with management staff and City Council to prepare a resolution for Council adoption. The Water Board can make a recommendation to Council. Specific items should be included. This can be added to a future meeting agenda as an action item.  A board member requested more specific information from staff regarding the potential impacts to Fort Collins.  Chairperson Malers suggested the board members view the CWC website for more information regarding the issue.  Deputy City Attorney Carrie Daggett stated that once the issue is on the ballot, the City or City staff cannot take a position; however, staff can answer questions regarding the issue. Water Board Minutes March 20, 2014 3 Water Supply Shortage Response Plan and Municipal Code Changes (Attachments available upon request). Water Conservation Manager Laurie D’Audney introduced the item and introduced Customer Connections Manager Lisa Rosintoski. Mr. Gertig and Ms. Daggett also participated in the discussion. Water Supply Planning Water Supply and Demand Management Policy was adopted by City Council in November 2012. This document refers to the Water Conservation Plan for measures to reach long-term water use goals and the Water Supply Shortage Response Plan for restrictions to meet a short-term water shortage. Policies to Update  Water Supply Shortage Response Plan (adopted by City Council in 2003)  Municipal Code, Section 26, Division 6, Water Conservation This item was presented at a City Council Work Session on January 28, 2014 and two ordinances are scheduled for City Council First Reading on April 15, 2014. Recommended Updates to Water Supply Shortage Response Plan  Rate increases (Revised to simplify the process for adjusting rates)  Definitions for food production, trees, flowers, and shrubs  Splash parks (Unrestricted in Levels 1 and 2, no use allowed in Levels 3 and 4) and swimming pools (new to the ordinance)  Essential powerwashing by permit (for health and safety reasons, removing graffiti, etc.)  Golf courses (there was previously a separate permit for this)  Watering for dust control and safety (new to the ordinance)  Tweaks to response levels Recommended Updates to Municipal Code  Waste of water prohibited o Clarify definition of waste of water o Extend beyond irrigation waste to indoor leaks o Allow 7 days for repairs o Require a hand-activated hose nozzle  Water Supply Shortage Response and Emergency Restrictions o Clarify notification process for implementing restrictions o Clarify how the restrictions are lifted  New section on obligation to comply and penalties o Decriminalize violations o Water Supply Shortage Response Plan takes precedence over Homeowner Association (HOA) covenants Community Input  Online survey to 2,000 participants  An Issues Forum is scheduled for Wednesday, March 26, 2014. This will include a presentation of the proposed changes to the plan and code, and a presentation on the “Nature in the City” program. Ms. D’Audney shared results of the Water Restrictions Survey. There were 660 responses. Water Board Minutes March 20, 2014 4 Water Supply Shortage Response Plan:  20 percent of the participants were not aware of the water restrictions.  70 percent of the participants agreed with the lawn watering restrictions.  90 percent of the participants agreed with allowing watering of trees and vegetable gardens during all levels of restrictions.  70 percent of the participants agreed with allowing powerwashing by permit only; however, several participants stated permitting should be eliminated.  63 percent of the participants agreed with allowing splash parks during Levels 1 and 2, but not in Levels 3 and 4. Municipal Code Changes:  82 percent of the participants agreed with requiring hoses to have hand-activated nozzles (not leaving hoses open-ended).  70 percent of the participants agreed with requiring that leaks in indoor plumbing, outdoor sprinkler systems, or water service lines be repaired within seven days. There were several comments suggesting more time to repair leaks. Highlights from the discussion:  A board member inquired about the process of detecting indoor leaks. Mr. Gertig stated the Automated Metering Infrastructure (AMI) system will have the capability to detect leaks. Ms. Rosintoski also stated staff will look at the use collectively rather than singling out individuals.  The board members and staff reviewed the Water Supply Shortage Response Plan and the code and discussed changes to both documents: o Clarification regarding trees in the “Definitions” section (Landscape watering) o Should the City’s website be listed in the “Initiation and Implementation” section regarding publishing restrictions? Ms. Daggett stated this is as a matter of practice posted on the City’s website, but that the newspaper is named as a minimum means of the posting. o Clarification regarding “Medical Hardships” as listed in the Water Supply Shortage Response Plan Elements table. o Clarification regarding “Turf areas of 4 acres or more” permit in the table. Is this for public or private areas? Ms. D’Audney stated this is mainly for private use. City and school district parks and playing fields have their own permit. o Clarification regarding “Landscape watering” in the table. Should the wording be changed to provide more detail as in Levels 1 and 2? o Should the word “temporary” be included in the “Water Rate Adjustments” section? Should wording be included that rates will be adjusted after the restrictions are lifted? The board members and staff discussed the messaging regarding the purpose of the rate increases. A board member feels there should be wording to say the rate increases would be eliminated if the restrictions were reduced to Level 1 or lifted. o A board member feels there should be an adjustment to the requirement that repairs should be made within seven days. A board member suggested adding language regarding taking action within seven days, not necessarily that the repair would be made within seven days. A board member suggested different categories for repairs. For example, repairing sprinkler heads should happen more quickly than other types of repairs.  The board members and staff discussed the process of notifying homeowners regarding violations. Water Board Minutes March 20, 2014 5  The board members and staff discussed the code language regarding powerwashing permits.  The board members and staff discussed changing the restrictions regarding splash parks. A board member stated there may be a public perception regarding the operation of splash parks during restrictions. Members of the public may feel the splash parks should not be operated during restrictions, even though the water is recycled.  A board member suggested the City should consider utilizing educational signage near the splash parks when there are watering restrictions in effect.  The board members and staff discussed how the restriction levels are put into effect. Discussion on the motion: There was no discussion on the motion. Vote on the motion: It passed unanimously. Board Member Huber-Stearns proposed an amendment to the motion. Board Member McKinley proposed an amendment to the Huber-Stearns motion. Discussion on the motion: There was no discussion on the motion. Vote on Board Member McKinley’s amended motion: 4 for, 4 against, 1 abstention (Motion failed.) Vote on Board Member Huber-Stearns’ amended motion: 4 for, 5 against (Motion failed.) Vote on Board Member Eccleston’s motion: 5 for, 4 against (Motion passed.) Reason for the nay votes: Board Member Huber-Stearns feels there should be some level of restrictions regarding the splash parks. She is concerned about the perception of operating the splash parks during all levels of restrictions. Vice Chairperson Hill and Board Members McKinley and Hans concur with Board Member Huber-Stearns. Board Member Huber-Stearns moved that the Water Board recommend the proposed revisions to Municipal Code, Chapter 26, Article II, Division 6, modified to make the “failure to repair” violation allow a more practical timeframe for correction of problems, be adopted by Council. Board Member Ortman seconded the motion. Board Member Eccleston moved that the Water Board recommend that City Council adopt the proposed revisions to the Water Supply Shortage Response Plan, modified to remove the permit requirement for essential powerwashing and allow unrestricted splash park use at all levels. Board Member Ortman seconded the motion. Motion to Amend: Board Member Huber-Stearns moved to amend the motion to eliminate the clause regarding unrestricted splash park use. Vice Chairperson Hill seconded the motion. Motion to Amend Huber-Stearns Motion: Board Member McKinley moved to amend the motion to allow unrestricted splash park use at Levels 1-3. Board Member Brunswig seconded the motion.