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HomeMy WebLinkAboutWater Board - Minutes - 01/17/2019WATER BOARD REGULAR MEETING January 17, 2018, 5:30-8:00 p.m. 222 Laporte Avenue, Colorado River Community Room 01/17/2019 – MINUTES Page 1 1. CALL TO ORDER 5:29 p.m. 2. ROLL CALL • Board Members Present: Brett Bovee, Kent Bruxvoort, Phyllis Ortman, Steve Malers, John Primsky, Michael Brown, Jason Tarry, Jim Kuiken, Andrew McKinley, Randy Kenyon, Greg Steed • Board Members Absent – Excused: None • Staff Members Present: Theresa Connor, Katherine Martinez, Marsha Hilmes- Robinson, Eric Potyondy, Ken Sampley, Heidi Hansen, Beth Rosen, Matt Fater, Donnie Dustin, Eileen Dornfest, Carol Webb, Chris Lochra • Members of the Public: Genesis Steffens, Jerod Mann, Aaron Cvar, Tony Campana, Jena Smith, Gino Campana, Michele Campana, Lina Campana, Dominick Campana 3. NEW BOARD MEMBER INTRODUCTIONS a. Chairperson Bovee welcomed new board members Greg Steed and Randy Kenyon and asked them to introduce themselves. Term for both: 2019-2022.  Greg Steed has lived in Fort Collins since 1998, worked in construction 10 years, consulting since 2012 after earning master’s degree. He applied to serve on the Water Board to be engaged, understand local matters, network, and serve the community.  Randy Kenyon started his career in groundwater for many years, then moved to wastewater and stormwater; he’s passionate about water and wants to serve the community. 4. AGENDA REVIEW • No changes 5. CITIZEN PARTICIPATION • No public comments 6. NEW BUSINESS a. Approval of the Meeting Minutes Board Member Bruxvoort moved to approve the December 20 Regular WATER BOARD REGULAR MEETING 01/17/2019 – MINUTES Page 2 Water Board Meeting Minutes. Board Member Malers seconded the motion. Vote on the motion: It passed unanimously, 9-0, with two abstentions. Board members Kenyon and Steed abstained; they were not present at the December meeting (term began January 1). 7. EXECUTIVE SESSION a. Chairperson Bovee asked members of the public to leave the room so the Water Board could hold an Executive Session regarding the floodplain variance request. b. Chairperson Bovee moved for the Water Board to go into Executive Session.  Board Member Phyllis Ortman seconded the motion  Vote on the motion: it passed unanimously, 11-0 Assistant City Eric Potyondy advised the Water Board on its quasi-judicial role regarding floodplain variance requests. 8. PUBLIC HEARING Floodplain Variance - Bucking Horse Early Childhood Center, 2482 Miles House Avenue. (Please note that decisions by the Water Board regarding variance requests are appealable to the City Council. Contact the City Clerk’s Office for information about the City’s appeal guidelines.) A court reporter recorded the public hearing. Transcript available upon request. The following staff members spoke: Marsha Hilmes-Robinson, Ken Sampley, Carol Webb, Beth Rosen. The following board members spoke: Brett Bovee, Kent Bruxvoort, Phyllis Ortman, Steve Malers, Randy Kenyon. The following individuals spoke on behalf of the applicants: Gino Campana, Aaron Cvar. Staff did not make a recommendation related to the variance due to the many factors highlighted in its memo to the Water Board. Board Member McKinley recused himself from voting on the variance request because he lives near the site. Board Member Kuiken moved to approve the floodplain variance for Sunshine Early Learning Center at Bucking Horse, 2482 Miles House Avenue, requesting a variance from the limitation of City Code Section 10-81(a) to allow a day care facility to be constructed in the Zone X shaded area of the FEMA Flood Insurance Rate Map (Poudre River 500-year floodplain and/or area protected by a levee). WATER BOARD REGULAR MEETING 01/17/2019 – MINUTES Page 3 The following conditions shall be included in this motion: 1. The lowest floor and all HVAC, electrical, and mechanical shall be elevated to 4893.0 feet (NAVD 88) or higher. A FEMA elevation certificate shall be submitted and approved prior to issuance of the Certificate of Occupancy. 2. An Emergency Response and Preparedness Plan that conforms with the minimums outlined in the applicant’s variance application and such plan will be finalized and approved by staff (floodplain administration and Office of Emergency Management) prior to obtaining a Certificate of Occupancy 3. An annual update of the Emergency Response and Preparedness Plan will be required in perpetuity that the building is operated as a daycare and remains mapped in the Shaded Zone X on the FEMA Flood Insurance Map. The Plan Update must be submitted to the City of Fort Collins Stormwater Department during the first quarter of each calendar year. 4. A deed restriction is placed on the property to indicate the variance approval and conditions including the requirements related to notification and evacuation in the Emergency Response and Preparedness Plan and the requirement for annual recertification. If in the future, the property is mapped out of the Shaded Zone X area on the FEMA Flood Insurance Rate Map, the deed restriction may be removed. 5. Written notification shall be given to parents of all children enrolled in the day care facility notifying them of the floodplain variance approval and of the notification and evacuation procedures. If in the future, the property is mapped out of the Shaded Zone X area on the FEMA Flood Insurance Rate Map, the notification requirement will no longer be required. 6. The property owner will include the requirements of the Emergency Response and Preparedness Plan and all other conditions of the variance into the lease agreement with Sunshine House and any future daycare providers. 7. The maximum number of children will be 176. The capacity of the facility will not be further expanded in the future without seeking an additional variance request. 8. The building shall not be converted to a different type of critical facility in the future (Ex. Daycare converted to group home or nursing home, etc.). 9. Conditions 2 through 8 are revoked if, in the future, property is mapped out of the Shaded Zone X in future floodplain mapping. I make this motion based on the evidence in the record showing that the relevant factors and standards set forth in Article III, Chapter 10 of the City Code have been met and as required in City Code Section 10-29, the determination that (1) the variance is the minimum necessary, considering the flood hazard, to afford relief; and (2) that there is good and sufficient cause for the variance to be granted; and (3) that 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 WATER BOARD REGULAR MEETING 01/17/2019 – MINUTES Page 4 or victimization of the public, or any conflict with existing local laws or ordinances. I further note the following in support of this motion of approval: Based on the elevation differences presented, this facility not being mapped outside of the 500-year floodplain would be beyond anything that can be expected And it would take a flood of epochal dimensions to put this building at risk. Board Member Michael Brown seconded the motion. Discussion on the Motion: Board members asked Mr. Potyondy whether they needed to include a reason for the motion. Mr. Potyondy replied that it’s up to the board, and that it might be helpful to subsequent boards, staff, or applicants to help understand the board’s rationale when facing analogous decisions in the future. Board members discussed the benefit of including their rationale. Chairperson Bovee made a friendly amendment to the motion: strike second reason (“epochal proportions”), keep first reason. Board Member Kuiken accepted the friendly amendment Revised Motion: I move approval of the floodplain variance for Sunshine Early Learning Center at Bucking Horse, 2482 Miles House Avenue, requesting a variance from the limitation of City Code Section 10-81(a) to allow a day care facility to be constructed in the Zone X shaded area of the FEMA Flood Insurance Rate Map (Poudre River 500-year floodplain and/or area protected by a levee). The following conditions shall be included in this motion: 1. The lowest floor and all HVAC, electrical, and mechanical shall be elevated to 4893.0 feet (NAVD 88) or higher. A FEMA elevation certificate shall be submitted and approved prior to issuance of the Certificate of Occupancy. 2. An Emergency Response and Preparedness Plan that conforms with the minimums outlined in the applicant’s variance application and such plan will be finalized and approved by staff from Office of Emergency Management and Floodplain Administration prior to obtaining a Certificate of Occupancy. 3. An annual update of the Emergency Response and Preparedness Plan will be required in perpetuity that the building is operated as a daycare and remains mapped in the Shaded Zone X on the FEMA Flood Insurance Map. The Plan Update must be WATER BOARD REGULAR MEETING 01/17/2019 – MINUTES Page 5 submitted to the City of Fort Collins Stormwater Department during the first quarter of each calendar year. 4. A deed restriction is placed on the property to indicate the variance approval and conditions including the requirements related to notification and evacuation in the Emergency Response and Preparedness Plan and the requirement for annual recertification. If in the future, the property is mapped out of the Shaded Zone X area on the FEMA Flood Insurance Rate Map, the deed restriction may be removed. 5. Written notification shall be given to parents of all children enrolled in the day care facility notifying them of the floodplain variance approval and of the notification and evacuation procedures. 6. The property owner will include the requirements of the Emergency Response and Preparedness Plan and all other conditions of the variance into the lease agreement with Sunshine House and any future daycare providers. 7. The maximum number of children will be 176. The capacity of the facility will not be further expanded in the future without seeking an additional variance request. 8. The building shall not be converted to a different type of critical facility in the future (Ex. Daycare converted to group home or nursing home, etc.). 9. Conditions 2-8 are revoked , if in the future, the property is mapped out of the Shaded Zone X area on the FEMA Flood Insurance Rate Map. I make this motion based on the evidence in the record showing that the relevant factors and standards set forth in Article III, Chapter 10 of the City Code have been met and as required in City Code Section 10-29, the determination that 1) the variance is the minimum necessary, considering the flood hazard, to afford relief; and 2) that there is good and sufficient cause for the variance to be granted; and 3) that 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. I further note the following in support of this motion of approval: Based on the elevation differences presented, this facility being at risk in future revisions of the 500- year floodplain would be beyond anything that can be expected. WATER BOARD REGULAR MEETING 01/17/2019 – MINUTES Page 6 Discussion on the Motion: Board members commented on voting in favor of the variance request due to the site being on the edge of the floodplain and the likelihood that it would not be included in the floodplain in upcoming mapping updates. Vote on the Motion: it passed, 9-1, with one abstention. Board Member McKinley abstained due to living near the site. Reason for No vote: Board Member Malers voted no because: (1) The need to balance additional daycare and public safety should be considered by City Council, if an appeal were needed. (2) Waiting for final floodplain mapping updates will allow decisions to be made on definitive floodplain mapping results. (3) The conditions of the variance impose a burden and complexity on staff to ensure compliance. 9. NEW BUSINESS (CONTINUED) a. Staff Reports (Attachments available upon request)  Water Resources Monthly Report Water Resources Manager Donnie Dustin summarized the report. Ended year with about average water use; 1/100th inch of precipitation in December; Poudre River is running low, Colorado-Big Thompson (CBT) system is about average; supplies are good for now and staff hopes for a good snow year.  Magnolia Street Outfall Update (meeting packet only) No discussion.  2018 Fall Water Quality Update – Upper Cache la Poudre Watershed (meeting packet only) No discussion. b. Regular Items • Halligan Water Supply Project Update (Attachments available upon request) Presentation Summary: Special Projects Manager Eileen Dornfest summarized the project, schedule, and feedback staff is asking of Water Board. The project has been in the permitting process since 2006. It is approaching a key milestone: the Draft Environmental Impact Statement (DEIS) will be released soon by the U.S. Army Corps of Engineers. Staff is planning public engagement and communication leading up to the public comment period for the DEIS. Staff seeks the Water Board’s direction on concepts for the recreation plan and mitigation approach. Comments will be incorporated into staff’s presentation for WATER BOARD REGULAR MEETING 01/17/2019 – MINUTES Page 7 the March 12 City Council Work Session. Discussion Summary: Board members inquired and commented on various related topics including details of the public recreation plan, public access on the downstream side of the dam (none; all private land); desire for a foot trail and hand-carry boat launch for kayak access; whether the reservoir would be stocked (yes; Colorado Parks and Wildlife would manage fishery); a buoy and rope system to prevent recreators from approaching the dam; consideration should be given to how overflow parking would be managed; reintroduction of the greenback cutthroat trout (staff will review it as part of preliminary design scheduled for next year); and state permits needed (staff has started the application process). 10. BOARD MEMBER REPORTS • None 11. OTHER BUSINESS • 2018 Annual Report The report is due January 31 to the City Clerk’s Office. Chairperson Bovee presented a draft for board discussion and approval. Board members requested adding a mention of the three committees on which board members served: Water Supply Vulnerability Study, Magnolia Street Outfall Water Board Steering Committee, Fee Working Group. Motion: Board Member Ortman moved to approve the 2018 Annual Report with minor revisions discussed. Board Member Primsky seconded the motion. Vote on the Motion: it passed unanimously, 11-0 • Water Board Leadership In February, the board will vote on a new Chairperson and Vice Chairperson. Chairperson Bovee encouraged members to consider running. Process is for board members to nominate, second, vote. After election, new chairperson will run the meeting • Water Board Work Sessions The February work Session will focus on ditch companies: first hour on physical ditches in the City, second hour about being good shareholders in ditch companies. WATER BOARD REGULAR MEETING 01/17/2019 – MINUTES Page 8 In the April work session, board members will vote on 2019 work session topics. • Super Issue Meeting The February 4 super issue meeting for boards and commissions will focus on plans for the Montava housing development near the Anheuser-Bush plant, which is in the East Larimer County (ELCO) Water District service area. • Excess Water Use Fees Board Member Primsky commented on excess water use fees and feedback he’s heard from community members, which reinforce the idea that people don’t pay attention to issues until they’re impacted financially. 12. ADJOURNMENT 9:36 p.m.