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HomeMy WebLinkAboutMINUTES-05/29/2018-SpecialMay 29, 2018 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Special Meeting — 6:00 PM • ROLL CALL PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Coldiron • DISCUSSION ITEMS � J Resolution 2018-053 Directing the City Manager or His Designees to Meet with the Northern Colorado Water Conservancv District to Negotiate a Potential Aareement Reaardina the Northern Integrated Supply Protect. (Adopted) The purpose of this item is twofold: 1) to provide a status update on the Northern Integrated Supply Project (NISP) in advance of the release of the project's Final Environmental Impact Statement (EIS), anticipated for late June 2018; and 2) to consider a resolution that would direct the City Manager and/or his designees to meet with the Northern Colorado Water Conservancy District (Northern Water) to seek to and.to engage in negotiations regarding the City's key remaining concerns and issues related to NISP. Some of the City's key concerns regarding NISP's impacts, as expressed in previous Council resolutions, have not been adequately addressed to date. NISP continues to make progress toward receiving all necessary permits and approvals to ultimately be constructed and operated as currently proposed. Meanwhile, the City's ability to influence the project through participation in permitting processes is diminishing. Negotiating with Northern Water may provide a means to address some of the City's remaining concerns. Staff is requesting authorization to negotiate with Northern Water regarding NISP where mutual interests may be addressed. Any draft agreement(s) would be presented 1 to Council for its review and approval. Carol Webb, Utilities Deputy Director, introduced the item and provided opening remarks. Adam Jokerst, Water Resources Project Engineer, detailed the essential services provided by the River, a shared resource and described theNISP project and its two proposed reservoirs, Glade Reservoir located near the mouth of the canyon, and Galeton Reservoir located northeast of Ault. NISP would divert about 40,000 acre-feet of water per year from the Poudre on average. Glade Reservoir would be filled by diverting the higher flows during May and June during average and wet years and by moving agricultural water and replacing those water rights with water from the South Platte River. Jokerst noted the City of Fort Collins does not have any approval authority in this project; it is a stakeholder. He outlined the permitting process for the project to this point. Jennifer Shanahan, Natural Resources Watershed Specialist, discussed recent changes to NISP operations and key elements of the Fish and Wildlife Mitigation Plan, and how they link to the City's concerns. Recent major modifications have alleviated some concerns. For example, the pipeline connecting Glade Reservoir and Horsetooth Reservoir no longer exists and there is no exchange of water with Horsetooth. She discussed the Conveyance Refinement Plan and Fish and Wildlife Mitigation Plan, noting the Peak Flow Operations Plan has changed in a positive manner. The City is awaiting information regarding water quality and its ability to discharge water into the Poudre River. Also, comments related to air quality and climate change have yet to receive a City of Fort Collins Page 271 May 29, 2018 response. She discussed the key remaining concerns and recommendations for reducing the risk and potential adverse impacts to the City. Jokerst stated the City's participation in the commenting process has led to a better project than was proposed ten years ago; however, the City's,ability to further influence this project and lead to better outcomes is diminishing, largely because the project is much more refined than it was in years past. He stated the City's options include doing nothing, opposing NISP outright, continuing to comment in the public process, or negotiate. Staff is recommending the City consider negotiation as it could lead to a better outcome. Karen Wagner stated this presentation did not convince her that negotiation would have any value in changing the ultimate outcome. 'She stated part of her concern is with research on the. Thornton Northern project. She encouraged the City to consider the residents of its Growth Management Area and the impacts to the City of future land use. Brad Wind, Northern Water General Manager, discussed the improvements and enhancements to which the NISP participants have agreed. He requested Council adopt this Resolution. Councilmember Cunniff asked if constraints exist on the negotiations. Jokerst replied staff can negotiate additional improvements; the Resolution does not mention what the City may give up in exchange. Councilmember Cunniff asked how the confidential negotiations would proceed. City Attorney Daggett replied there would be significant limits on.how• staff communicates with Council and how Northern staff could communicate with their Board. The negotiating meetings would not be public, and any agreement would ultimately be presented to Council for consideration and a public meeting. Councilmember Martinez asked if previous conversations with Northern have solved issues. Jokerst replied some. issues have been resolved wholly, some partially, and others have yet to be addressed. Councilmember Overbeck asked about the expense of negotiations. Jokerst replied the cost is reliant upon the negotiated outcome. Immediate costs include staff time. r Councilmember Stephens asked about potential impacts to residents in the Growth Management Area. Jokerst replied there will be construction -related impacts such as air quality emissions, dust, and traffic. He noted proposed pipelines could also potentially have an impact. Mayor Pro Tern Horak made a motion, seconded by Councilmember Summers, to adopt Resolution 2018-053. Mayor Pro Tern Horak noted any agreement would still need to come before Council and a public process in that forum. He stated he cannot foresee Council expressing support for the project at its current size and negotiations cannot hurt. Councilmember Overbeck stated he will not support the motion.citing concern about high costs and the lack of assurance this will improve the project. City of Fort Collins Page 272 May 29, 2018 Councilmember Stephens thanked staff for their work and thanked the Water Board and others for their input. She stated negotiations could lead to further project improvements. Councilmember Martinez stated negotiations and conversations cannot hurt. Councilmember Cunniff stated it is obvious Council values the River. The question is what the best way is to meet the City's desire for further improvements. Mayor Troxell stated he will support the motion to allow Fort Collins to be part of negotiations. He thanked Northern for its continued willingness to work with the City. Mayor Pro Tem Horak stated adaptive management is one topic that may be discussed. He stated it would be useful.for Council to receive•a:memo;regarding how it and citizens can be updated on , ,. ,...,,-. ;v NISP negotiations. City Manager Atteberry replied this Resolution speaks to regular update intervals. u_. RESULT: RESOLUTION 2018-053 •ADOPTED [5 TO 21 MOVER: Gerry Horak, District 6 SECONDER: Ken Summers, District 3 AYES: Martinez, Stephens, Summers, Troxell, Horak NAYS: Overbeck, Cunniff 2. Consideration of a Motion Authorizinq Release of Records Withheld as Council Work Product. (Adopted) The purpose of this item is for City Council to consider a motion authorizing release of records withheld as Council work product in response to a records request. City Attorney Daggett discussed the Judicial Watch document request and subsequent lawsuit seeking release of certain withheld records. The lawsuit has since been dismissed due to a 14-day negotiation period regarding potential release of those records. A batch of previously withheld documents is related to Council work product and Council will need to provide authorization to allow their release. Staff is recommending Council authorize the release of the records. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to authorize release of the documents that were not otherwise privileged and were withheld as Council work product in response to a records request made by Judicial Watch. Councilmember Cunniff stated he would like a memo on which documents are considered Council work product and which are considered attorney -client privilege. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak City of Fort Collins Page 273 May 29, 2018 • ADJOURNMENT The meeting adjourned at 6:50 PM. , Mayor ATTEST: rSE City k AL n City of Fort Collins IPage 274